TERMS & CONDITIONS

PRIVACY POLICY

Introduction

We at LinkIt Solutions respect your right to privacy.

Where we refer to “personal information”, it means “personal information” as defined in the Protection of Personal Information Act, 4 of 2013 (“POPI“).

 

Personal information includes any information about a person that can be used to identify a person directly or indirectly. It includes information such as your name, an identification number, location information, an online identifier or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that person. POPI includes the personal information of juristic persons in its ambit – so we will protect the personal information of juristic persons in the same manner as any other person’s personal information.

 

Where applicable, this privacy policy applies in addition to any other agreement that you enter into with us.

Our “POPI” manual is available for your reference on our website – www.linkitsolutions.co.za. For any comments or queries relating to this policy or our manual, please contact our Compliance Officer, Samantha van Dordrecht on: samantha@linkitsolutions.co.za

 

The personal information we collect:

We collect, amongst others, the following personal information:

  • Personal details, such as your name, email address or telephone number;

  • Billing information, such as relevant payment information;

  • Legally required information, which includes any additional information that the law requires from us to verify your identity.

  • Documents required to open an account such as, VAT registration, proof of residence, ID Document, Company Registration Document, Tax Clearance Certificate, Bank Account Confirmation and proof of Business address,

 

How we collect personal information:

  • Directly from you when you use our website or any of our services or if we request it from you.

  • In limited instances, we collect personal information from third parties. We will only collect personal information this way where such information is publicly available or for legitimate business purposes.

  • Through the use of cookies, which will mainly be used to identify visitors that return to our website. You can prevent us from doing this through a setting on your browser. Cookies only store information from your browser and cannot access data on your computer.

  • When you complete credit application forms or request quotations from us.

  • If we employ you and we enter into an employment contract with you.

 

Use of your personal information:

We may use your personal information for any legitimate business purposes relating to our services and/or business activities. Some of the purposes for which we use your personal information include:

  • Responding to your queries posted on our website or emailed to us;

  • Providing you with our services;

  • Referring you to other service providers with your consent;

  • Improving our website and services by analysing certain information collected, including cookies and other related information;

  • Complying with our regulatory or other obligations.

 

Sharing your personal information:

We will only share your personal information for purposes of providing services to you or any other legitimate business purpose relating to our business activities, including but not limited to, the protection of our or your rights, complaints, marketing, or enforcing any agreement between us.

Where required for our business operations, we may share your personal information with our service providers. We only share information with service providers after we enter into an agreement with the service provider to regulate the way in which the personal information will be secured.

Where the law requires us to do so, we may also share your personal information with third party service providers, agents, contractors, employees, law enforcement agencies or business affiliates. We will only share your personal information in these instances where it is necessary for us to do so and only to the extent that your personal information is needed for such third parties to perform their services or obligations.

Will we send your personal information trans-border:

We may transfer your information cross border for our legitimate business purposes, such as for cloud storage. All information transfers will comply with the applicable laws.

Security

We will take all reasonable steps to ensure that your personal information is protected. We protect and manage personal information that we hold about you by using electronic and computer safeguards such as firewalls, data encryption, and physical and electronic access control to our buildings. We only authorise access to personal information to those employees who require it to fulfil their designated responsibilities.

Right to object

You may, on reasonable grounds, object to us using your personal information. If you object, we will stop using your personal information, except if the law allows its use. Should you object to us using or storing your information, Linkit Solutions will be unable to provide you with any services.

Lodging a complaint

If you believe we are using your personal information unlawfully, please let us know first on samantha@linkitsolutions.co.za You may lodge a complaint to the Information Regulator with the following

contact details:

following contact details:

SECTION 51 MANUAL FOR LINKIT SOLUTIONS (PTY) LTD

DESIGNATED CONTACT PERSON

Information required by section 51(1)(a) of the Act

 

Contact person:               Samantha Van Dordrecht

Postal address:                17 Loerie Lane, Beacon Bay, East London 5241

Physical address:             No.6 Spargs Mall, Beacon Bay, East London

Telephone number:          087 160 0048

Email address:                 samantha@linkitsolutions.co.za

 

SECTION 10 GUIDE TO THE ACT

Information required by section 51(1)(b) of the Act

 

A guide has been compiled, in terms of section 10 of the Act, by the South African Human Rights Commission. It contains information to assist a person wishing to exercise a right, in terms of the Promotion of Access to Information Act 2 of 2002. This guide is available for inspection, inter alia, as follows:

 

Contact body: The South African Human Rights Commission

Postal address: Private Bag, 2700, Houghton 2041

 

Physical address:  PAIA Unit

                             29 Princess of Wales Terrace

                             Cnr York and Andrew Streets

                             Park Town

Telephone number: 011 484 8300

Facsimile number:  011 484 0582

Email address:  PAIA@sahrc.org.za

 

The regulations regarding the Act published under Government Notice No. R187 of 15 February 2002 set forth how the South African Human Rights Commission should make the guide available.

 

RECORDS AUTOMATICALLY AVAILABLE

Information required by section 51(1)(c) of the Act

 

A section 52(2) notice regarding categories of records which are available without a person having to request access in terms of the Act, has to date, not been published.

 

RECORDS AVAILABLE IN ACCORDANCE WITH OTHER LEGISLATION

Information required by section 51(1)(d) of the Act

 

  • Basic Conditions of Employment Act 75 of 1997

 

SUBJECTS AND CATEGORIES OF RECORDS HELD AT PHYSICAL ADDRESS

Information required by Section 51(1)(e) of the Act

 

Human Resources

  • Employment contracts

  • Identity numbers

  • Bank account numbers

  • BEE certificates

  • Banking details

  • Addresses

  • Dates of birth

  • Telephone numbers

  • Email addresses

  • Leave records

  • Personnel files

  • UIF forms

  • Payroll records

  • Medical aid records

  • Letters of employment

 

Finance

  • Accounting records

  • Annual financial statements

  • Banking records

  • Invoices, credit notes and statements

  • Tax returns and SARS correspondence

  • Proposal and tender documents

  • General correspondence

  • Credit application

  • Business contracts

  • Management accounts

  • Property leases

 

Corporate Governance

  • Shareholder agreements

  • Directors’ minutes and records

  • Legal compliance

  • Policies and procedures

 

Customer personal information shared by Linkit Solutions

  • Email addresses

  • Third party service providers to uphold contract service obligations to client

 

IT Practices by Linkit Solutions

  • Physical security

  • Network security controls

  • Password controls

  • Virus and malware protection

  • Disaster recovery and back-up policy

  • Cloud storage

 

REQUEST FOR ACCESS TO RECORDS

Information required by section51(1)(e) of the Act

 

Successful completion and submission of form B does not automatically allow the requester access to the requested record. An application for access to a record is subject to certain limitations if the requested record falls within a category as specified within Part 3 Chapter 4 of the Act.

If it is reasonably suspected that the requester has obtained access to records through the submission of materially false or misleading information, legal proceedings may be instituted against such requester.

 

Completion of Access Request Form

 

In order to facilitate a timely response to requests for access to records, all requesters should take note of the following when completing the Access Request Form:

  • The Access Request Form must be completed;

  • Proof of identity is required to authenticate the identity of the requester. Therefore, in addition to the access form, requesters will be required to supply a copy of their identification document;

  • Type or print in block letters an answer to every question;

  • If a question does not apply, state “N/A” in response to that question;

  • If there is nothing to disclose in reply to a particular question state “nil” in response to that question;

  • If there is insufficient space on a printed form, additional information may be provided on an additional attached page; and

  • When an additional page is required, precede each answer with the applicable title.

The Access Request Form is included in this manual as an appendix.

 

Submission of Access Request Form and request fee payable

 

The completed Access Request form together with a copy of the requester’s identity document must be submitted either via conventional mail or by email and must be addressed to the designated contact person as indicated above.

An initial request fee of R50.00 is payable on submission.

This fee is not applicable to Personal Requesters referred to in section 54(1) of the Act, being any person seeking access to records that contain their personal information.

 

 

Notification

 

Linkit Solutions (Pty) Ltd will within 30 days of receipt of the request to access records decide whether to grant or decline the request and give notice with reasons (if required) to that effect.

The 30 day period within which LinkIt Solutions has to decide whether to grant or refuse the request, may be extended for a further period of not more than 30 days, if the request is for a large volume of information, or the request requires a search for information held at premises other than those of LinkIt Solutions and the information cannot be obtained within the original 30 day period. LinkIt Solutions will notify the requester in writing should an extension be sought.

 

GROUNDS FOR REFUSAL OF ACCESS TO RECORDS

Chapter 4 of the Act

 

The main grounds for refusal of a request for access to records are –

 

  • Mandatory protection of the privacy of a third party who is a natural person if its disclosure would involve the unreasonable disclosure of personal information in contravention of the Protection of Personal Information Act;

  • Mandatory protection of the commercial information of a third party;

  • Mandatory protection of confidential information of third parties if it is protected in terms of any agreement;

  • Mandatory protection of safety of individual and the protection of property;

  • Mandatory protection of records which could be regarded as privileged in legal proceedings;

  • The commercial information of LinkIt Solutions (Pty) Ltd which may include trade secrets, financial, commercial or technical information which disclosure would likely cause harm to the financial or commercial interests of LinkIt Solutions, or information, the disclosure thereof could reasonably put LinkIt Solutions at a disadvantage in contractual negotiations or in commercial competition; and

  • Mandatory protection of research information of a third party or LinkIt Solutions.

 

Sharing your personal information:

We will only share your personal information for purposes of providing services to you or any other legitimate business purpose relating to our business activities, including but not limited to, the protection of our or your rights, complaints, marketing, or enforcing any agreement between us.

Where required for our business operations, we may share your personal information with our service providers. We only share information with service providers after we enter into an agreement with the service provider to regulate the way in which the personal information will be secured.

Where the law requires us to do so, we may also share your personal information with third party service providers, agents, contractors, employees, law enforcement agencies or business affiliates. We will only share your personal information in these instances where it is necessary for us to do so and only to the extent that your personal information is needed for such third parties to perform their services or obligations.

Will we send your personal information trans-border:

We may transfer your information cross border for our legitimate business purposes, such as for cloud storage. All information transfers will comply with the applicable laws.

Security

We will take all reasonable steps to ensure that your personal information is protected. We protect and manage personal information that we hold about you by using electronic and computer safeguards such as firewalls, data encryption, and physical and electronic access control to our buildings. We only authorise access to personal information to those employees who require it to fulfil their designated responsibilities.

Right to object

You may, on reasonable grounds, object to us using your personal information. If you object, we will stop using your personal information, except if the law allows its use. Should you object to us using or storing your information, Linkit Solutions will be unable to provide you with any services.

Lodging a complaint

If you believe we are using your personal information unlawfully, please let us know first on samantha@linkitsolutions.co.za You may lodge a complaint to the Information Regulator with the following contact details:

following contact details:

 

EMAIL DISCLAIMER

The following terms shall apply to this e-mail communication, attachments and all subsequent e-mail communications and attachments, collectively referred to as the electronic message, which Linkit Solutions may send to you, the receiver. For purposes of this e-mail disclaimer:


This e-mail disclaimer shall at all times take precedence over any other e-mail disclaimer(s).
The information contained in this electronic message is confidential and may be legally privileged. It is intended solely for the use of the receiver (individual or entity) to whom Linkit Solutions has addressed the electronic message to and others authorized by Linkit Solutions to receive it. If you are not the intended receiver you are hereby notified that any disclosure, copying, distribution or taking action in reliance of the contents of this information is strictly prohibited and may be unlawful. If you are not the intended receiver of this e-mail (or such person’s authorized representative), then please notify the sender of this e-mail immediately by return e-mail, facsimile or telephone and delete this message from your system. You may not print, store, forward or copy this message or any part thereof or disclose or cause information in this message to be disclosed to any other person. Linkit Solutions is not liable for the improper or incomplete transmission of the information contained in this electronic message, or for any delay in its receipt.


Linkit Solutions is not liable for any harm or loss resulting from malicious software code or viruses in this e-mail or its attachments, including data corruption resulting there from. Any advice or information contained in this e-mail is subject also to any governing agreement between us. Only a director, acting within the scope of their authority, is able to bind Linkit Solutions contractually.
Unless expressly indicated as such, nothing in this e-mail constitutes an offer, warranty or representation from Linkit Solutions.


In accordance with the ECTA, an e-mail is only deemed to be received by Linkit Solutions once Linkit Solutions acknowledges receipt thereof. Linkit Solutions will be deemed to have sent an e-mail once reflected as sent on Linkit Solutions’ e-mail server. An auto-reply shall not constitute a response for the purposes hereof. If this electronic message contains offensive, derogatory or defamatory statements or materials, it means the message has been sent outside the sender’s scope of employment with Linkit Solutions and only the sender can be held liable in his/her personal capacity.


Linkit Solutions respects your privacy and acknowledge that this e-mail will contain personal details, which may belong to you, others and/or to your company (personal information). By sending Linkit Solutions this email communication, you expressly give Linkit Solutions consent to process and further process the personal information which will be done in accordance with the Protection of Personal Information Act (4 of 2013) (POPI), the Linkit Solutions’ POPI policy and the Linkit Solutions’ standard section 18 informed consent documentation which sets out why Linkit Solutions needs the personal information, what Linkit Solutions will do with it, and with whom Linkit Solutions will share it.