- Wareing Hoist Components (Pty) Ltd t/a Wesant Manufacturing is a private company incorporated in the Republic of South Africa with registration number 2011/011957/07 and carrying on business at 10 Fangio Place, Westmead, Durban, KwaZulu-Natal.
- Wareing Hoist Components (Pty) Ltd t/a Wesant Manufacturing (“the Company”, “we”, “us”, “our”) strive to ensure that our use of the Personal Information of Data Subjects is lawful, reasonable, and relevant to our business activities. We also subscribe to the principles for electronically collecting Personal Information outlined in the Protection of Personal Information Act 4 of 2013, and the further legislation referred to therein. We endeavour to ensure the quality, accuracy and confidentiality of Personal Information in our possession.
- “Operator” means any person or entity that processes Personal Information on behalf of a Responsible Party.
- “Personal Information” means information or data relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to information relating to:
- race, gender, sex, pregnancy, marital status, nationality, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person;
- education, medical, financial, criminal or employment history of the person;
- any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person; or
- the biometric information of the person.
- “Responsible Party” means the entity that decides how and why Personal Information is processed. Responsible Parties may instruct Operators to processes Personal Information on their behalf.
- “Service Provider” means third party providers of various services with whom we engage, including, but not limited to, software licensors, developers and suppliers of software, providers of information technology, communication, file storage, data storage, copying, printing, distribution/logistics, accounting or auditing services, counsel, investigators, attorneys, and employee provident/pension fund administrators, and our insurers and professional advisors;
- “Special Personal Information” means Personal Information about race or ethnicity, political opinions, religious or philosophical beliefs, trade union membership, physical or mental health, sexual life, any actual or alleged criminal offences or penalties, national identification number, or any other information that may be deemed to be sensitive under applicable law.
3. OUR SERVICES
- Our services include manufacturing lifting solution.
- We collect Personal Information about you in the following instances:
- access our Website;
- book or inquire about any of our Services;
- access our Website contract with us in respect of our services;
- contact us, or otherwise interact with us; and/or
- join us as an agent, consultant, sales associate, or employee.
- customers, potential customers and recipients of our services;
- users of our website;
- our employees;
- our suppliers and service providers; and/or
- other users of our services.
5. YOUR CONSENT
- By providing us with your Personal Information, you:
6. WHAT PERSONAL INFORMATION DO WE COLLECT?
- The Personal Information we collect may differ according to the Services you receive from us. We may process various categories of Personal Information, such as:
- Identity Information: which includes information concerning your name, company name, identity and registration numbers, title, date of birth, gender, and legal status, languages, physical address;
- Contact Information: which includes your billing address, service addresses, physical address, email address and telephone numbers;
- Credit Information: this is in order to assess our transactional risk and your creditworthiness, including credit history reports from credit bureaus (with your consent where required by law);
- Criminal behaviour history: in respect of prospective employees and job applicants (where permitted);
- Financial Information: including bank account details, bank statements and financial statements (where permitted);
- Tax Information: which includes PAYE records and VAT registration numbers (where permitted);
- Technical Information: which includes your internet protocol (IP) address, browser type and version, time zone setting and location, operating system and platform, on the devices you use to access our website, products or services;
- Business-related information: if you are an individual associated with a business or other organisation that is our customer, then your Personal Information may include the following information that we link to you:
- business or organisation details (such as name, address, telephone numbers, payment arrangements, financial information, etc.);
- your relationship with that business or organisation (such as owner, partner, director, shareholder, employee, or agent); and/or
- your contact details within that business (such as work address, work telephone and mobile numbers, work fax number, and work e-mail address.
- Correspondence: includes messages between you and us, and between us and third parties; and/or
- Usage Information: which includes information as to your access to and use of our website, products and services.
7. SPECIAL PERSONAL INFORMATION
- Where we need to process your Special Personal Information, we will do so in the ordinary course of our business, for a legitimate purpose, and per applicable laws.
8. HOW DO WE COLLECT PERSONAL INFORMATION?
- You directly provide us with most of the Personal Information we process. We collect and process Personal Information in the following ways, namely:
- through direct or active interactions with you;
- in the course of providing our services to you or your organisation, including where you register as a customer to use any of our services; and/or
- from third parties, where permitted.
- We also collect Personal Information when you communicate directly with us. For example:
- through e-mails, meetings and telephone calls;
- when you fill in forms or registers, or make a purchase order with us; and/or
- in the event that you make contact with us, we reserve the right to retain a record of that correspondence or telephone call, which may include Personal Information.
- When we collect your Personal Information from third parties it is either because you have given us express consent to do so, your consent was implied by your actions, or because you provided consent, either explicit or implicit, to the third party that provided this information to us.
9. HOW DO WE USE YOUR PERSONAL INFORMATION?
- We Process your Personal Information in the ordinary course of the business of providing our services.
- We also use the Personal Information we collect to maintain and improve our website and to improve the experience of its users, to facilitate the provision of our Services to you, and to comply with our statutory and regulatory obligations.
10. LEGAL BASIS FOR COLLECTING AND PROCESSING INFORMATION
- We will only collect and process your Personal Information in the following instances:
- you have provided us with your consent (as permitted by law);
- to perform in terms of a contract with you;
- to protect your legitimate interests; and/or
- to pursue our legitimate interests and our customers’ legitimate interests.
11. COMPULSORY PERSONAL INFORMATION AND CONSEQUENCES OF NOT SHARING WITH US
- Where we are required to process certain Personal Information by law, or in terms of a contract that we have entered into with you, and you fail to provide such Personal Information when requested to do so, we may be unable to perform in terms of the contract in place or are trying to enter into with you. In such a case, we may be required to terminate the contract and/or relationship with you, upon due notice to you, which termination shall be done in accordance with the terms of that contract and any applicable legislation.
12. DISCLOSURE OF PERSONAL INFORMATION
- We may disclose your Personal Information to our contracted Responsible Parties, Service Providers and Associates for legitimate business purposes, in accordance with applicable law and subject to applicable professional and regulatory requirements regarding confidentiality and appropriate data protection measures.
- In addition, we may disclose your Personal Information:
- where it is necessary for the purposes of, or in connection with, actual or threatened legal proceedings or establishment, exercise or defence of legal rights;
- with our contracted agents, advisers, consultants, service providers, suppliers, banking partners and other Operators who process Personal Information on our behalf and whose assistance we require to conduct our business operations;
- with third party Operators to the extent that they require such specific Personal Information in the provision of services for or to us, which include hosting, development and administration, technical support and other support services relating to our Website and/or the operation of our business divisions. We will only authorise the processing of any Personal Information by a third-party Operator on our behalf by, among others, entering into agreements with those third parties governing our relationship with them and highlighting instructions, confidentiality, security and non-disclosure obligations;
- to enable us to enforce, implement, or apply any other contract between you and us, or any contract where we act as an agent of the principal contracted with you.
- to mitigate any actual or reasonably perceived risk to us, our customers, employees, contractors, agents, brokers or any other third-party;
- to any relevant third-party acquirer(s), in the event that we sell or transfer all or any portion of our business or assets (including, but not limited to, in the event of a reorganization, dissolution or liquidation); and/or
- with governmental agencies, exchanges and other regulatory or self-regulatory bodies, if required to do so by law.
13. STORAGE AND TRANSFER OF PERSONAL INFORMATION
- We have engaged reputable and trusted organisations as outsourced processors (Operators), and in some cases, as sub-processors to provide data storage and cloud services to securely store your Personal Information. Our servers and cloud storage run in secure premises located in South Africa.
- We reserve the right to generally transfer to and/or store your Personal Information on servers in a jurisdiction other than where it was collected, or outside of South Africa in a jurisdiction that may not have comparable data protection legislation; Provided that if the location does not have substantially similar laws to those of South Africa, we will take reasonable practicable steps, including the imposing of suitable contractual terms to ensure that your Personal Information is adequately protected in that jurisdiction.
14. SECURITY AND INTEGRITY
- We take all reasonable technical and organisational measures to secure the integrity of retained information and protect it from misuse, loss, alteration, and destruction through the use of accepted technological standards that prevent unauthorised access to or disclosure of your Personal Information. Unfortunately, despite our best efforts, no data transmission or storage can be guaranteed to be 100% secure. Therefore, we do not make any warranties or guarantees that content shall be entirely 100% secure nor do we accept any liability of whatsoever nature for loss of privacy resulting from any unauthorised disclosure and/or use of your Personal Information, unless such disclosure and/or misuse is because of our gross negligence. However, we are subject to the Protection of Personal Information Act 4 of 2013, which we comply with.
- We periodically review our Personal Information collection, storage and processing practices, including physical and digital security measures.
- We have established and implemented data breach management procedures to address actual and suspected data breaches and will notify you and the relevant regulatory authorities of breaches where we are legally required to do so and within the period in which such notification is necessary.
15. RETENTION AND DELETION
- We may retain and process some or all of your Personal Information if and for as long as:
- we are required or permitted by law, or contract with you, to do so;
- it is for lawful purposes that are related to our performance of our obligations and activities; or
- you agree to us retaining it for a specified further period.
- Unless there is a lawful purpose for us to continue processing or storing your Personal Information, we will destroy your Personal Information in the following circumstances:
- the Personal Information is no longer necessary for the purpose for which it was collected or processed;
- you withdraw your consent to the processing of your Personal Information;
- you object to the processing of your Personal Information; and/or
- there are no other lawful grounds for us to continue processing your Personal Information.
- We will destroy your data using effective methods including, among others, shredding.
16. MAINTENANCE, CORRECTIONS AND ACCESS
- We are required to take all necessary steps to ensure that your Personal Information is accurate, complete, not misleading and up to date.
- Anyone about whom we maintain Personal Information may request to inspect and, if appropriate, correct the Personal Information held by us. It is your responsibility to inform us, or the persons responsible for the maintenance of your Personal Information, should your Personal Information be incorrect, incomplete, misleading or out-of-date by notifying us using the contact details in paragraph 1 below. We may require additional information from the requesting party to assure itself of the legitimate basis for the request and the identity and authority of the requestor. Upon receipt and verification of the corrected Personal Information, we will adjust our data or records accordingly.
17. YOUR DATA PROTECTION RIGHTS
- Data protection laws may grant you, among others, the following rights:
- Request access to your Personal Information – enabling you to receive a copy of the Personal Information retained about you;
- Request the correction of your Personal Information – to ensure any incomplete or inaccurate Personal Information is corrected;
- Request erasure of your Personal Information – where there is no lawful basis for the retention or continued processing of your Personal Information;
- Object to the processing of your Personal Information for a legitimate interest (or those of a third party) – under certain conditions where you feel it impacts your fundamental rights and freedoms;
- Request restriction of processing of your Personal Information – to restrict or suspend the processing of your Personal Information to limited circumstances; and/or
- Withdraw consent given in respect of the processing of your Personal Information at any time – withdrawal of consent will not affect the lawfulness of any processing carried out before your withdrawal notice. But may not affect the continued processing of your Personal Information in instances where your consent is not required.
- Our website and our services are not targeted at people under the age of 18. We will not knowingly collect Personal Information in respect of persons in this age group without express permission to do so, unless permitted by law.
- We may place small text files called “cookies” on your device when you visit our website. Cookies do not contain Personal Information, but they do contain a personal identifier allowing us to associate your Personal Information with a certain device.
- Your internet browser may accept cookies automatically and you can delete cookies manually. However, no longer accepting cookies or deleting them may prevent you from accessing certain aspects of our Website where cookies are necessary.
- As cookies are stored in the web browser used to access our Website, to disable cookies users need to change the settings pertaining to that browser in particular.
20. PRIVACY POLICIES OF OTHER WEBSITES
- Our website may contain links to other websites, apps, tools, widgets and plug-ins that are run by third parties. If you visit a third-party website or social media site, you should read that website/ social media’s privacy notice, terms and conditions, and their other policies. We are not responsible for the policies and practices of third parties and social media sites. Any Personal Information you give to those organizations is dealt with under their privacy notice, terms and conditions, and other policies.
- If you disclose your Personal Information directly to any third party other than us, we shall not be liable for any loss or damage, however arising, suffered by you as a result of your disclosure of your Personal Information to third-parties.
21. GOVERNING LAW
22. CHANGES TO THIS POLICY
23. QUERIES, COMPLAINTS, AND INFORMATION REGULATOR
- If you are located outside of South Africa, you may contact the appropriate regulatory authority in your country of domicile.
24. CONTACT US