Preamble

• This Privacy Policy describes how we – Avianto (together with its affiliates companies – “Avianto”, “we”, “our” or “us”) collect, store, use and disclose personal data as a Responsible Party regarding individuals and companies (“you”) who, inter alia:
  • Visit and request services from us;
  • Otherwise interact with our services through any website, webpage, e-mail, text message or online ad under our control (collectively – “Sites”);
  • Works for us as an Employee or Contractor;
  • Acts as an Agent in a representative capacity; and
  • Provide a service to us;
• Specifically, this Privacy Policy describes our practices regarding:
  • Responsible Party and Data Operator
  • Data Collection;
  • Data Uses;
  • Data Location and Retention;
  • Data Sharing;
  • Communications;
  • Data Security;
  • Data Subject Rights;
  • Additional Notices.
• Your privacy is important to us, and we are strongly committed to making our practices regarding your personal data more transparent and fairer. Please read this Privacy Policy carefully and make sure that you fully understand and agree to it.
• You are not legally required to provide us with any Personal Data (defined below) and may do so (or avoid doing so) at your own free will. If you do not wish to provide us with such Personal Data or to have it processed by us, we may not be able to provide you with the full range of our services or with the best experience when using our service as required.

Responsible Party and Data Operator

• The Protection of Personal Information Act, 2013 distinguish between two main roles for parties processing Personal Data:
  • Responsible Party: The Client who bears ultimate responsibility for the processing of personal information in terms of the Protection of Personal Information Act 4 of 2014, irrespective of the outsourcing of processing or aspects of processing, and also includes:
    • the purpose of processing personal information; and
    • the means of processing personal data, whether acting alone or in conjunction with others
  • Operator: As set out in Section 1 of the Protection of Personal Information Act 4 of 2013, an Operator is a party who processes information for a Responsible Party, in terms of a contract or mandate, without coming under the Responsible Party’s direct authority.
• This policy mostly determines our methodology as a Responsible Party.

Data Collection

• We collect various types of personal data including profile data, customer data (for example the name of the bride, groom, guests etc), content, guests, residents, customers, clients, employee data, agent data, supplier data and other data as received from you, or from other third-party sources which enables us to deliver our services to you as you require.
• Such data is typically collected and generated through your interaction with us or our service, through automatic means, or directly from you, from other third parties which includes service providers.
• Specifically, we collect the following categories of data (which, to the extent it relates to an identified or identifiable individual, is deemed as “Personal Data”):
• Data automatically collected or generated: When you visit our offices, our premises, our website, or third-party websites, when you interact with or use our service, we may collect, record or generate specific data about you.
  • We do so either independently or with the help of third-party service providers;
  • We encourage you to carefully read the terms and privacy policies of such websites and third-party services, before completing the information on such sites;
  • Other data automatically collected may consist of biometric information such as video surveillance for security purposes at the entrance and other locations on our premises;
• User Data received from you:

When you contact us as a prospective employee or agent, we may collect the following data:

• Identification data – such as your name, surname, gender, photograph, date of birth, identification number, and language.
• Contact details – such as home address, telephone, email addresses, and emergency contact details.
• Employment details – such as employment history, performance and disciplinary records, grievance procedures, and sickness/holiday records.
• Educational and professional background – such as academic/professional qualifications, education, CV/resumé, reference letters and interview notes.
• Spouse, beneficiary & dependents information, marital status.
• Financial information – such as banking details, tax information, payroll information, salary, benefits, expenses, and company allowances.
• IT information – information required to provide access to our IT systems and networks such as IP addresses, log files, login information, and software/hardware inventories.
• Health information – such as information about short- or long-term disabilities or information about your physical or mental health or condition to monitor sick leave and make decisions as to your fitness for work.
• We may also collect certain demographic data that qualifies as special personnel of your racial or ethnic origin to monitor compliance with employment equity legislation.
• Information relating to any criminal proceedings in which you have been involved for insurance purposes and to comply with legal requirements and obligations to third parties.
• Information about your union membership to process the appropriate monthly deduction for union subsidies.
• And any other special personal information.

If you, as a client/customer, sign up for the service, irrespective of the service, you may provide us with Personal Data.

• This includes your name, date of birth, banking information and other financial records;
• identifying numbers, symbol, e-mail address, physical address, telephone number including driver’s licence number; and motor vehicle registration plates at the time when you enter our premises;
• personal opinions, views or preferences of our services as disclosed via any electronic platform;
• correspondence which is implicitly or explicitly of a private or confidential nature via any electronic platform;
• further correspondence that would reveal the contents of the original correspondence;
• views or opinions of another individual about the person;
• any other data you choose to provide when you use our service, contact us, or interact with others via our service;
• You may also provide us with feedback, reviews, or answers to surveys or promotions, including by submitting an online form on our service or social media channels, posting on any of our online public forums or communities, sending an e-mail to any of our designated addresses, or any other form of communication; and
• Such data may include details on a problem you are experiencing, contact information and any other documentation, screen recording, screenshots or other information.
• If your data contains the Personal Data of another: You may choose to upload or submit to our service certain content, materials and data on behalf of another. Such Personal Data will be processed as if meaningful consent has been provided to you by the relevant data subject, and you remain the Responsible Party thereto. This includes the contact details of their family members. Such data typically includes these individuals’ names, phone numbers and work e-mails, however, additional data may be provided at the discretion of those providing it. For the purposes of this Privacy Policy, this data will also be regarded as “Personal Data”.
• Data received from other third parties: We may receive Personal Data concerning you from other sources and third parties. We may also receive your contact and professional details (e.g., your name, company, position, contact details and professional experience, preferences and interests) from our business partners or service providers, and through the use of tools and channels commonly used in the public domain for connecting between companies and individuals in order to explore potential business and employment opportunities, such as LinkedIn.

Data Uses

• We use Personal Data to provide, improve and secure our service; to comply with applicable laws; and to support our legitimate interests.
• We use Personal Data as necessary for the performance of our service; to comply with our legal and contractual obligations (this includes employment contracts); and to support our legitimate interests in maintaining and improving our service.
• You currently reside and are using the service
  • in a territory governed by privacy laws which determine that “consent” is the only or most appropriate legal basis for processing Personal Data (in general, or specifically with respect to the types of Personal Data you choose to share via the service), your payment of a deposit, of an account, your continued employment, entrance or continuance of contractual obligations, acceptance and lack of objection of our services and of this Privacy Policy will be deemed as your consent to the processing of your Personal Data for all purposes detailed in this Privacy Policy.
  • If you wish to revoke such consent, please contact us by email at info@avianto.co.za.. Please have a look at clauses 10 and 12 for more details.
• Specifically, we use Personal Data for the following purposes:
  • To facilitate, operate, and provide our service;
  • To authenticate the identity of you, and to allow you to access our service;
  • to provide our employees and service providers with assistance and support;
  • To gain a better understanding of how you evaluate, use and interact with our service, and how we could improve your and others’ user experience, and continue improving our services, offerings and overall performance of our service;
  • To contact our visitors, yourself and service providers (whether existing or prospective) with general or personalized service-related messages, as well as promotional messages that may be of specific interest to them;
  • To publish your feedback and submissions to our public forums and blogs;
  • To support and enhance our data security measures, including for the purposes of preventing and mitigating the risks of fraud, error or any illegal or prohibited activity;
  • To create aggregated statistical data, inferred non-personal data or anonymized or pseudonymized data (rendered non-personal), which we or our service providers may use to provide and improve our respective services, or for any other purpose; and
  • To comply with applicable laws and regulations.

Data Location & Retention

• We store your data in locations only located in South Africa for as long as necessary in accordance with our reasonable business needs (as necessary for the performance of our service or for supporting and exercising our legitimate interests); and in accordance with our legal obligations.
• Data Location: We and our authorized service providers maintain, store and process Personal Data in South Africa.
  • Should cloud services be utilized, we endeavour to use service providers who comply to all the international security protocols pertaining to data transfer and secure locations pertaining to the servers which will ensure the proper performance and delivery of our service, as required by law.
  • Avianto is headquartered in Gauteng, a jurisdiction which is considered to be offering an adequate level of protection for Personal Data.
  • Avianto, its affiliates and service providers are each committed to protecting Personal Data in accordance with this Privacy Policy, customary industry standards, and such appropriate lawful mechanisms and contractual terms requiring adequate data protection.
• Data Retention:
  • We will retain your Personal Data:
    • for as long as it is reasonably necessary in order to maintain and expand our relationship and provide you with our service and offerings;
    • in order to comply with our legal and contractual obligations; or to protect ourselves from any potential disputes (i.e. as required by laws applicable to log-keeping, records and bookkeeping, and in order to have proof and evidence concerning our relationship, should any legal issues arise following your discontinuance of use); and
    • all in accordance with our data retention policy.
• Please note that except as required by applicable law or our specific agreements with you, we will not be obligated to retain your Personal Data for any particular period, and we are free to securely delete it or restrict access to it for any reason and at any time, with or without notice to you.
• If you have any questions about our data retention policy, please contact us by e-mail at info@avianto.co.za.

Data Sharing

• We share your data (& feedback) with:
  • our service providers;
  • our clients;
  • within our group;
  • in accordance with legal compliance.
• Legal Compliance:
  • In exceptional circumstances, we may disclose or allow government and law enforcement officials access to your Personal Data, in response to a subpoena, search warrant or court order (or similar requirement), or in compliance with applicable laws and regulations.
  • Such disclosure or access may occur if we believe in good faith that:
    • we are legally compelled to do so;
    • disclosure is appropriate in connection with efforts to investigate, prevent, or take action regarding actual or suspected illegal activity, fraud, or other wrongdoing; or
    • such disclosure is required to protect the security or integrity of our services.
• Service Providers:
  • We may engage selected third-party companies and individuals to perform services complementary to our own.
  • Such service providers include providers of third-party wedding services by your choice, hosting and server co-location services, communications and content delivery networks (CDNs), data and cyber security services, billing and payment processing services, fraud detection and prevention services, web analytics, e-mail distribution and monitoring services, session or activity recording services, remote access services, performance measurement, data optimization and marketing services, social and advertising networks, content providers, e-mail, voicemails, support and customer relation management systems, resellers, distributors and providers of professional services related to our service, and our legal, compliance and financial advisors (collectively, “service providers“).
  • These service providers may have access to your Personal Data, depending on each of their specific roles and purposes in facilitating and enhancing our service, and may only use it for such limited purposes as either determined in our agreements with them or by law.
  • When our service providers contact you in order to deliver services complementing our services, they may additionally interest you in their own services.
  • Should you decide to engage in such additional services with Avianto’s service providers, please note that such engagement is beyond the scope of our Privacy Policy and will therefore be covered by our service provider’s own terms and privacy policy.
  • Our service providers shall be deemed as ‘Sub-data Operators’ in circumstances where we are contracted to be the “Operator”.
• Third-Party Websites and services:
  • Our service also includes links to third-party websites and integrations with third-party services.
  • Such websites and third-party services, and any information you process, submit, transmit or otherwise use with such websites and third-party services, are governed by such third-party’s terms and privacy practices and policies, and not by this Privacy Policy.
  • Again, we encourage you to carefully read the terms and privacy policies of such websites and third-party services.