Acceptance of the Policy
Data Controller: Elementary Digital (Pty) Ltd
Registered Address: 106a Parktown Quarter Corner 3rd and, 7th Ave, Parktown North, Johannesburg, 2196, South Africa
Email: [email protected]
If you are located in the European Economic Area (EEA) or the United Kingdom (UK), and you believe that Elementary has not adequately addressed your privacy concerns or infringed upon your data protection rights, you have the right to lodge a complaint with the relevant supervisory authority in your country.
For California residents, if you would like to exercise your rights under the California Consumer Privacy Act (CCPA), you may contact us at the above contact details or refer to our separate California Privacy Notice for more information.
We value your privacy and will make every effort to address your inquiries and concerns in a timely and appropriate manner.
Information We Collect
Types of Personal Information Collected:
- Contact Information: Name, email address, phone number, and postal address.
- Account Information: Usernames, passwords, and other credentials for account registration and authentication.
- Communication Data: Records of communication between users and Elementary, such as emails or chat logs.
- Demographic Information: Age, gender, and other relevant demographic details voluntarily provided by users.
- User-Generated Content: Any content or information voluntarily shared by users on the Elementary website.
- User-Provided Information: Users may voluntarily provide personal information during account registration, purchases, or communication with Elementary.
- Automated Collection: We may collect personal information through automated means, such as cookies, web beacons, or similar technologies.
Purpose of Collection:
- To Provide Services: Personal information is collected to deliver and enhance the services offered by Elementary, including account management, order processing, and customer support.
- Communication: Personal information is used to respond to user inquiries, provide information about products or services, and send important updates or notifications.
- Personalisation: We may use personal information to personalise user experiences, tailor content, and display relevant advertisements.
- Legal Compliance: Personal information may be collected and processed to comply with applicable laws, regulations, or legal obligations.
Legal Basis for Processing:
- Consent: We may process personal information based on user consent, which can be obtained through explicit consent mechanisms or implied consent when users voluntarily provide information.
- Contractual Necessity: Processing personal information may be necessary for the performance of a contract with users, such as processing orders or providing requested services.
- Legitimate Interests: In some cases, we may process personal information based on legitimate interests, such as improving our services or ensuring the security of our website.
Types of Non-Personal Information Collected.
- Log Data: Information automatically recorded by our servers when you access the website, including your IP address, browser type, operating system, referring/exit pages, and timestamps.
- Device Information: Information about the device you use to access the website, such as device type, model, unique device identifiers, and mobile network information.
- Cookies and Similar Technologies: Information collected through cookies, web beacons, and other tracking technologies that do not personally identify you but help us enhance your website experience.
- Automated Collection: Non-personal information may be collected automatically through cookies, web beacons, and other tracking technologies.
- Aggregated Data: We may collect and analyse non-personal information in an aggregated form to understand website usage patterns, trends, and preferences.
- Purpose of Collection:
- a. Website Improvement: Non-personal information helps us analyse website performance, troubleshoot issues, and improve the overall user experience.
- b. Analytics and Reporting: We may use non-personal information for statistical or research purposes to understand user demographics, interests, and preferences.
- c. Advertising and Marketing: Non-personal information may be utilised for targeted advertising or marketing campaigns, where the information is anonymised and does not identify any individual.
- Purpose of Collection:
- It’s important to note that non-personal information does not personally identify you, and we do not combine it with personal information unless legally permitted or with your consent.
Use of Collected Information
- How we use Personal Information
At Elementary, we understand the importance of protecting and using your personal information responsibly. We use personal information collected through our website for the following purposes:
- Providing Services: We may use personal information to deliver the services you request, such as processing orders, managing user accounts, and providing customer support.
- 1.2.Communication: We may use personal information to communicate with you regarding your inquiries, requests, or transactions. This may include responding to your messages, providing updates about our services, or notifying you of any changes or important information.
- 1.3.Improving User Experience: We may analyse personal information to understand better how users interact with our website and services. This helps us improve our website’s functionality, usability, and performance and enhance the overall user experience.
- 1.4.Customisation: With your consent, we may use personal information to personalise your experience on our website, such as displaying relevant content, recommendations, or advertisements based on your preferences and interests.
- 1.5.Marketing and Promotions: With your consent, we may use personal information to send you marketing communications, newsletters, or promotional materials about our services, special offers, or upcoming events. You have the right to opt out of receiving such communications at any time.
- 1.6.Legal Compliance: We may use personal information to comply with applicable laws, regulations, legal processes, or enforceable governmental requests. This includes responding to legal inquiries or protecting our rights, property, and safety, as well as our users and the public.
How We Use Non-Personal Information
Non-Personal Information refers to data that does not directly identify an individual. As a lawyer specialising in internet law, I recommend addressing the use of non-personal information in the following manner:
- Aggregated Data Analysis: We may collect and use non-personal information in an aggregated and anonymised form to analyse trends, patterns, and user behaviour on our website. This helps us improve our services, enhance user experience, and make data-driven business decisions.
- Website Analytics: We may utilise analytics tools, such as Google Analytics, to gather non-personal information about website usage. This includes information like the number of visitors, page views, and demographic data. These insights help us understand user preferences, optimise our website, and measure the effectiveness of our marketing campaigns.
- Cookies and Tracking Technologies: We may employ cookies and similar technologies to collect non-personal information. These technologies allow us to personalise your experience, remember your preferences, and track website usage. Non-personal information collected through cookies and tracking technologies may be used for targeted advertising or to deliver customised content.
- Improving Services and Targeted Advertising: Non-personal information may be utilised to enhance and tailor our services, advertisements, and marketing communications. By analysing user behaviour and preferences, we can deliver relevant content, offers, and promotions that align with user interests.
- Research and Development: We may utilise non-personal information for research and development purposes to innovate and improve our products and services. This includes analysing usage patterns, identifying emerging trends, and developing new features or functionalities.
- It is important to note that non-personal information does not personally identify individuals and is treated with strict confidentiality. We do not combine non-personal information with personal information unless required by law or with your explicit consent.
Legal Basis for Processing Personal Information
- Consent: Elementary may rely on the legal basis of consent to process personal information when users provide explicit consent for specific processing activities. Users have the right to withdraw their consent at any time.
- Contractual Necessity: Elementary may process personal information that is necessary for the performance of a contract with the user. This includes processing information to fulfill orders, provide requested services, and respond to user inquiries.
- Legal Obligation: Elementary may process personal information to comply with legal obligations, such as tax obligations, regulatory requirements, or lawful requests from government authorities.
- Legitimate Interests: Elementary may process personal information based on legitimate interests, provided they do not override the rights and freedoms of the individuals. This includes purposes such as improving services, preventing fraud, ensuring network and information security, and conducting analytics for business purposes.
- Vital Interests: In certain circumstances, Elementary may process personal information to protect vital interests, such as protecting the life or physical integrity of individuals.
- It is important to note that the specific legal basis for processing personal information may vary depending on the nature of the processing activity and applicable laws in the relevant jurisdiction. Elementary will ensure that personal information is processed lawfully, transparently, and in accordance with the principles of data protection.Data Retention
- Legal Obligations: We may retain personal information for a longer period if it is necessary to comply with legal obligations, resolve disputes, enforce our agreements, or protect our legal rights.
- Deletion of Data: Once personal information is no longer required for the specified purposes and there is no legal obligation to retain it, we will securely delete or anonymise the data.
- User Requests: If you request the deletion of your personal information, we will make reasonable efforts to comply with your request, unless retention of the information is necessary for legitimate business purposes, compliance with legal obligations, or protection of our legal rights.
- Backup and Archival: Please note that even after deletion or anonymisation, residual copies of personal information may remain in our backup or archival systems for a limited period.
- Non-Personal Information: We may retain non-personal information indefinitely, as it does not identify or relate to an individual.
- Data Retention Policy: We maintain a data retention policy that aligns with our legal obligations and business needs. This policy ensures that personal information is only retained for as long as necessary and is securely disposed of when no longer required.
Cookies and Similar Technologies
Types of Cookies Used
- Essential Cookies: These cookies are necessary for the functioning of the Elementary website and cannot be disabled in our systems. They enable basic features such as page navigation, secure user authentication, and access to secure areas of the website. Without these cookies, certain services may not be available.
- Analytical Cookies: We use analytical cookies to collect information about how visitors use our website. These cookies help us analyse and understand how users interact with our site, which allows us to improve its performance and usability. The data collected is aggregated and anonymous, and it is used solely for statistical purposes.
- Functionality Cookies: Functionality cookies allow the Elementary website to remember choices you make and provide enhanced features and personalised content. These cookies enable us to remember your preferences, such as language preferences, and provide you with a more personalised browsing experience.
- Advertising and Tracking Cookies: We may use advertising and tracking cookies to deliver relevant advertisements and track the effectiveness of our marketing campaigns. These cookies collect information about your browsing habits and may be used to show you targeted ads based on your interests and activities on the Elementary website and other websites.
- Social Media Cookies: On some pages of our website, you may find social media sharing buttons or embedded content from social media platforms. These cookies allow social media platforms to track your browsing activity and collect data about your interaction with their services. Please refer to the respective social media platforms’ privacy policies for more information on how they handle your data.
- It’s important to note that you can manage and control cookies through your browser settings. However, disabling certain cookies may impact the functionality and user experience of the Elementary website.
Purpose of Cookies
- Essential Cookies: These cookies are necessary for the proper functioning of our website. They enable core features such as secure login, shopping cart functionality, and session management.
- Analytical Cookies: We use analytical cookies to gather information about how visitors interact with our website. This helps us understand and improve the performance and usability of our site. These cookies collect anonymous data and do not identify individual users.
- Functional Cookies: Functional cookies allow our website to remember choices you make and provide enhanced features. For example, they may remember your preferred language or region selection.
- Third-Party Cookies: Our website may also contain cookies from third-party services, such as social media platforms and analytics providers. These cookies are subject to the respective privacy policies of those third parties.
Please note that you can manage or disable cookies through your browser settings. However, please be aware that disabling certain cookies may impact the functionality and user experience of our website.
Please consult our “Cookie Management and Opt-Out” section for more information on how to manage cookies and your choices regarding their use.
Cookie Management and Opt-Out
Please note that if you choose to block all cookies (including essential cookies), you may not be able to access all or parts of our website or it may affect
Information Sharing and Disclosure
Third-Party Service Providers
We may share your information with third-party service providers that help us operate our services, fulfil your requests, and improve your experience on the Elementary website. These third-party service providers perform various functions on our behalf such as hosting, data analysis, customer service, email delivery, auditing, and other services.
Our third-party service providers are required to use the same level of privacy protection as we do and are not allowed to use your information for any other purpose than to provide services on our behalf. They are bound by contractual obligations to keep your personal information confidential and secure.
Please note, however, that we do not control third-party service providers outside of our domain who may also collect or have access to your information. For these providers, we recommend that you read their privacy policies so you can understand the manner in which they will handle your personal information.
Remember, this policy does not cover the actions of third parties, and we don’t have control over their privacy policies or practices.
Legal Compliance and Protection
We reserve the right to disclose your personal information as required by law and when we believe that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request. This includes exchanging information with other companies and organisations for fraud protection and spam/malware prevention.
When we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a lawful request from a public authority, we may disclose your personal information to such entities.
Please note that we may also disclose your personal information where needed to enforce our Terms of Service, to protect our operations or those of any of our affiliates, or to protect our rights, privacy, safety, or property and/or that of our affiliates, you, or others.
These disclosures may be made without notice to you, unless required by applicable law.
Please be aware that laws relevant to personal data and privacy vary by country. Elementary Digital (Pty) Ltd is committed to complying with all applicable laws and regulations regarding the protection of personal information.
In the event that Elementary Digital (Pty) Ltd, or substantially all of its assets, are acquired by a third party, or in the unlikely event that Elementary Digital (Pty) Ltd goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party.
This is in accordance with the personal data protection laws and you have the right to contact the data protection authority if you have any issues or complaints.
- Please note, this is a general drafting and it should be vetted by a local attorney familiar with South African laws and regulations, as it may require changes to be fully compliant with the local legislation.Your Rights and Choices
Accessing and Updating Personal Information
Accessing Your Personal Information
We acknowledge and respect your right to access your personal information. If you wish to know what information we hold about you or want to request a copy of your information, please contact us at [email protected]. We will respond to your request within a reasonable period. We may need to verify your identity before providing access to your personal information.
Updating Your Personal Information
To ensure that the personal information we hold about you is accurate and up-to-date, we encourage you to regularly review and update your information as necessary. If you believe that the information we hold about you is incorrect, incomplete, or outdated, you may request us to amend it. You can update your information directly through your user account settings or by contacting us at [email protected].
Please note that if you choose not to provide us with certain personal information, we may not be able to provide you with the services or information that you requested.
Opting-Out of Marketing Communications
Elementary Digital respects your preferences regarding the collection and use of your Personal Information. When you register on our website, or during the course of your interactions with us, you may be prompted to opt into receiving marketing communications from us.
If you have opted in and later decide that you would no longer like to receive these communications, you can opt-out at any time by following the ‘unsubscribe’ instructions provided in the email or communication that you receive, or by contacting us directly (please refer to our Contact Information below).
Please note that even if you opt-out of receiving marketing communications, you may still receive business-related communications such as transaction confirmations, notifications about your account activities, and any other important non-marketing related announcements.
Elementary Digital will comply with your request(s) as soon as reasonably practicable, and in accordance with applicable laws.
Remember, opting out of receiving marketing communications does not mean that you will no longer receive Elementary Digital’s service-related updates or notifications, which are essential to the services provided by Elementary Digital.
If you have any questions or concerns about our privacy practices with respect to your Personal Information, you can reach out to us using the Contact Information provided in this policy.
Do Not Track Signals
“Do Not Track” (“DNT”) is a preference you can set in your web browser to inform websites that you do not want to be tracked. At Elementary, we respect these signals and do not track users when a DNT browser mechanism is in place. That means we do not use information collected from individual users for any purpose, including marketing or advertising, once a DNT browser setting has been activated. Please note that not all tracking will stop if you delete cookies or use a different device or web browser.
However, because there isn’t a consistent industry understanding of how to respond to these signals, we do not alter our data collection and usage practices when we detect such a signal from your browser. Please refer to your browser’s technical information for instructions on how to enable and disable the DNT feature.
Please note that while we do our best to honour your privacy preferences, we cannot guarantee that our practices will prevent all tracking when DNT settings are in place due to the inherent complexities and inconsistencies in the internet ecosystem.
Rights under Data Protection Laws
Depending on your location and applicable data protection laws, you may have certain rights regarding your personal information.
- Right of Access: You have the right to request access to your personal information that we have on file.
- Right to Rectification: If you believe that any personal information we have about you is incorrect or incomplete, you can request that we correct or supplement such data.
- Right to Erasure (Right to be Forgotten): You may have the right to have your personal information erased from our files, subject to certain conditions.
- Right to Restrict Processing: Under certain conditions, you have the right to restrict the processing of your personal data.
- Right to Data Portability: You may have the right to receive your personal information in a structured, commonly used, and machine-readable format, and have the right to transmit those data to another controller without hindrance from us.
- Right to Object: Under certain circumstances, you have the right to object to the processing of your personal data, including for direct marketing purposes.
- Right to Lodge a Complaint: You have the right to lodge a complaint with your local data protection authority if you believe that we have not complied with applicable data protection laws.
Please note that these rights may be limited, for example, where fulfilling your request would adversely affect other individuals, where there are overriding public interest reasons or where we are required by law to retain your personal data.
- To exercise any of these rights, please contact us using the contact details provided under the ‘Contact Information’ section.”Data Security
- Security Measures Implemented
We at Elementary Digital understand the importance of your personal information and are committed to protecting it. We have implemented several measures to safeguard your data, which include, but are not limited to, the following:
- Secure Sockets Layer (SSL) Technology: We use SSL technology to encrypt data during transmission. This ensures that all information you provide on our website is secure and maintains its integrity.
- Secure Server Facilities: Our servers are located in secure facilities with strict access controls.
- Regular Security Audits: We conduct regular security audits and continuously assess our systems for vulnerabilities to stay ahead of potential threats.
- Firewalls: We use firewalls to help prevent unauthorised access to our networks.
- Data Access Controls: Only authorised personnel have access to your personal information, and they are required to adhere to our strict data privacy standards.
- Two-Factor Authentication (2FA): We use 2FA to add an additional layer of security to user accounts.
While we strive to protect your personal information, please be aware that no security measures can provide absolute assurance. We recommend that you always use up-to-date and secure devices and internet connections and that you safeguard your account passwords.
Protection of Personal Information
Elementary is committed to securing your personal information and employs a range of technical and administrative measures designed to protect your data from unauthorised access, disclosure, use, alteration, or destruction.
We use secure server software (SSL) for encryption when collecting or transferring sensitive data such as credit card information. This method of encryption is designed to help prevent any unauthorised person from intercepting or accessing your personal information while it’s being transferred over the internet.
We also implement access controls, ensuring that only necessary personnel have access to your information. Additionally, we train our staff about the importance of confidentiality and maintaining the privacy and security of your information.
However, while we take all reasonable steps to protect your personal information, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to protect your personal information, we cannot guarantee its absolute security. In the unlikely event of a data breach, we will comply with all applicable laws regarding notification and communication to affected users.
We recommend that you help ensure your online security by doing the following: keep your account login information confidential; use a strong password that includes numbers, symbols, and both uppercase and lowercase letters; and ensure that your personal computer or device is secure and protected against unauthorised access or use.
Please contact us if you have any questions or concerns about the security of your personal information.
Elementary Digital is committed to protecting the privacy of children. The Services provided on our websites are not directed or intended for children under the age of 13. We do not knowingly collect, use, or disclose personal information from children under 13 years of age. If we learn that we have collected personal information of a child under the age of 13, we will take steps to delete the information as soon as possible.
Please note that this provision is based on U.S. privacy laws and regulations and may need to be adjusted to comply with other jurisdictions’ laws and regulations as applicable.
We are committed to protecting the privacy of children. The Services are not designed for or intentionally targeted at children under the age of 13. It is not our policy to intentionally collect or maintain information about anyone under the age of 13.
If we obtain actual knowledge that we have collected personal data from a child under the age of 13, we will take steps to remove that user’s personal data from our databases. If you are a parent or guardian and you are aware that your child has provided us with personal data, please contact us. If we become aware that we have collected personal data from children without verification of parental consent, we take steps to remove that information from our servers.
If you believe that we might have any personal data from or about a child under 13, please contact us at [email protected]. If you are under 13, please do not send any data about yourself to us, including your name, address, telephone number, or email address. Unless we have parental consent, we will not knowingly collect personal data from children under the age of 13, and if we learn that we have inadvertently collected such data, we will delete it as quickly as possible.
International Data Transfers
Transfer of Information to Other Countries
Elementary Digital (Pty) Ltd is based in South Africa and the information we collect is governed by South African law. However, as an international organisation, the information we collect may be transferred to, stored and processed in countries outside of South Africa where we or our service providers have operations.
Links to Third-Party Websites
External Links Disclaimer
Elementary’s websites may contain links to external websites and online resources that are not owned or controlled by Elementary Digital (Pty) Ltd. Please be aware that we have no control over the content, policies, or practices of these third-party sites, and we cannot assume responsibility for their treatment of your personal information. These links do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
Third-Party Privacy Policies
Our website may contain links to third-party websites, services, or applications, each of which is governed by their own privacy policies. We provide these links for your convenience only, and the inclusion of any link does not imply endorsement or approval by Elementary of the third-party site, its content, or its privacy practices.
If you have any concerns about the privacy practices of a third-party site linked from our website, please contact the third-party directly. We cannot address these concerns for you, as we have no control over these third-party sites. Your use of third-party sites, services, and applications is at your own risk.
- This approach ensures that our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.
- Contact Information
Contact Details for Privacy Concerns
Email: [email protected]
Mailing Address: 106a Parktown Quarter Corner 3rd and, 7th Ave, Parktown North, Johannesburg, 2196, South Africa
We will then look into your complaint and work with you to resolve the matter.
If you still feel that your personal data has not been handled appropriately according to the law, you can contact the Information Regulator’s office in South Africa and file a complaint with them.
Information Regulator (South Africa)
Email: [email protected]
Mailing Address: JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2017