Privacy and Cookies Notice

1.PURPOSE

1.1 To comply with the Protection of Personal Information Act 4 of 2013 (POPIA), a person processing another person’s (whether a natural person or juristic person) personal information must:

1.1.1 Provide the owner of the personal information with a number of details pertaining to the processing of his/her/its personal information, before such information is processed; and

1.1.2 Get permission or consent from the owner of such personal information to process his/her/its personal information, unless such processing is:

  • Necessary to carry out actions for the conclusion or performance of a contract to which the owner of the personal information is a party;
  • Required to comply with an obligation imposed by law;
  • For a legitimate purpose or is necessary to protect the legitimate interest(s) and/or for pursuing the legitimate interests of the owner of the personal information, the person processing the personal information or that of a third party to whom the personal information is supplied; or
  • Necessary for the proper performance of a public law duty by a public body or on behalf of a public body.

1.2 Where any person uses our website, electronic applications, email, electronic services, social media sites and/or services or messaging services, we will have to process such person’s personal information.

1.3 In accordance with POPIA, and because your privacy is important to us, please take note of this Notice, as it describes how we process your personal information, including the receipt, collection, use, disclosure, sharing, retention and, importantly, the protection of your personal information.

1.4 This Notice also asks that you provide us with your consent to process your personal information, where this is required, which consent will be deemed to have been given by yourself when you provide us with your personal information for processing.

2.APPLICATION OF THE PRIVACY AND COOKIES NOTICE

This Privacy and Cookies Notice applies to the use of  the POOLBRITE website (https://www.pool-brite.co.za) (hereinafter referred to as the “website”).

3.WHAT PERSONAL INFORMATION DO WE COLLECT AND PROCESS?

3.1 When you use our website, we will collect, without detracting from the generality thereof, the following personal information that belongs to you:

  • General contact details (including your name and business name, where applicable); contact details (including your address, email address and telephone or cellular phone number).
  • Device and browser information (including the device identification number and type); network and connection information (including the Internet Service Provider (ISP) and the Internet Protocol (IP) addresses); device and browser identifiers and information (including the device, application, browser type/version, plug-in type and version, operating system, user agent, language, time zone settings and other technical information); advertising identifiers; cookie identifiers and information; and similar data.
  • Usage information and browsing history, such as usage metrics (including usage rates, occurrences of technical errors, diagnostic reports, settings preferences, backup information, API calls and other logs); content interactions (including searches, views, downloads, prints, shares, streams and display/playback details); user journey history (including clickstreams, page navigation, URLs, timestamps, content viewed or searched for, page response times, page interaction information such as scrolling, clicks and mouse-overs, and download errors); advertising interactions (including when and how you interact with marketing and advertising materials, click rates, purchases or the next steps you may make after seeing an advertisement and marketing preferences); and similar data.
  • Location data, such as the location of your device; your household; and similar location
  • Opinions and preferences.
  • Your image, such as still pictures, video, voice and other similar data.
  • Social media and online content, such as information placed or posted on social media, online profiles, online posts and similar data.

4.HOW WE COLLECT INFORMATION

4.1 We collect the personal information detailed above about you and any other parties whose details you provide to us, when you use and access the website, including any access to such website to:

  • Make enquiries about POOLBRITE or its services, affiliates, service providers or business partners;
  • Use POOLBRITE’s services, especially any eServices that are available or accessible via our website, and to allow us to send you details regarding any request or requirement that you have asked of us, including any confirmation of request or order;
  • Complete online forms, including call-back requests;
  • Take part in surveys, post content on our message boards or post on any blogs;
  • Enter any competitions or prize draws;
  • Register to attend one of our events;
  • Look for, locate, read and/or download information or publications about us or our related companies and trading partners;
  • Request or sign up for or view marketing material;
  • Obtain details of our terms, conditions, policies and procedures, and enforce and apply same;
  • Participate in any interactive areas that appear on our website;
  • Click on a link in an email, advertisement or communication received from us.

5.PURPOSES FOR THE COLLECTION AND USE OF YOUR INFORMATION

5.1 The personal information detailed under clause 4 above and which you provide to us is used for the following purposes:

  • To provide any information to you that you have requested (legitimate purpose);
  • To provide you with any organisational information or services that you have enquired about and/or requested (legitimate and contractual purposes);
  • To provide, maintain, protect and improve our website, POOLBRITE services and products (legitimate purpose);
  • To manage and administer POOLBRITE services or products you have asked us to provide you with (legitimate and contractual purposes);
  • To undertake an internal testing of our website and services, to test and improve their security, provision and performance (legitimate, lawful and contractual purposes);
  • To monitor and carry out statistical analysis and benchmarking, provided that in such circumstances it is on an aggregated basis that will not be linked back to you or any living individual (legitimate, lawful and contractual purposes);
  • For data analytics and benchmarking, to carry out research and development to improve our company services, products and website (legitimate, lawful and contractual purposes); and
  • To develop and provide new and existing functionality and services, including statistical analysis, benchmarking and forecasting services (legitimate, lawful and contractual purposes).

5.2 Our website may contain technology (including cookies) that enables us to:

  • Check for specific information, from your device or systems, that is directly relevant to your use of the website against our records, to make sure the website is being used in accordance with our end-user agreements and to troubleshoot any problems (legitimate, lawful and contractual purposes);
  • Obtain information relating to any technical errors or other issues with our website (legitimate purpose);
  • Collect information about how you and other users use the functions of the features of our website (legitimate, lawful and contractual purposes); and
  • Gather statistical information about the operating system and environment from which you access our website, applications or services (legitimate, lawful and contractual purposes).

5.3 Where you are not happy with the types of processing detailed under section 5.2 above, then you can opt out of these processing types by managing your cookies and privacy settings within your browser or on our website (where applicable).

5.4 We may monitor and record any communications that we hold from you when using the website, for quality assurance purposes, evidential purposes and to meet our legal and regulatory obligations generally.

6.SHARING YOUR INFORMATION

6.1 We may share your information with:

  • Any POOLBRITE and BLSA INDUSTRIES employee, accredited professional bodies, local and international regulators and other spheres of the South African government, for the purposes set out in this Notice (e.g. global information and registrants-membership management; software and service compatibility and improvements; or to provide you with any information, applications, products or services that you have requested).
  • Our service providers and agents (including their subcontractors) or third parties that process information on our behalf (e.g. affiliates, internet service and platform providers,
  • payment processing providers and those service providers or organisations that we engage to help us provide you with POOLBRITE services or to send communications to you);
  • POOLBRITE service providers, including system implementers, independent software vendors and developers that may help us to provide you with website, products and services information you have requested or which we believe is of interest to you;
  • Third parties, where you have a relationship with that third party and you have consented to us sending information to such party;
  • Law enforcement agencies so that they may detect or prevent crime or prosecute offenders;
  • Any third party in the context of actual or threatened legal proceedings, provided we can do so lawfully (for example, in response to a court order);
  • Any third party, to meet our legal and regulatory obligations, including statutory or regulatory reporting or the detection or prevention of unlawful acts;
  • Government departments or entities, where reporting is mandatory under applicable law.

6.2 We may share non-personal identifiable information about the use of our website, products or services publicly or with third parties, but this will not include information that can be used to identify you.

6.3 Where we share or disclose your personal information, as described above, such sharing and/or disclosure will always be subject to an agreement that will be concluded between ourselves and the party to whom we are disclosing your personal information, which contractually obliges the recipient of your personal information to comply with strict confidentiality and data security conditions.

6.4 By using our website, or by interacting with us in the ways described in this Notice, you consent to the transfer of your personal information to other parties in the circumstances set out herein. If you do not want your information to be shared and/or transferred in such a manner, you should not use our website.

7.SOCIAL MEDIA AND OTHER THIRD-PARTY PLATFORMS

7.1 When you link onto social media forums, such as those on Facebook, Twitter, Yammer, Pinterest, Instagram, LinkedIn and YouTube, among others, which may have a reference to us, please note that these are not our platforms and the use of these platforms will be subject to the relevant platform owners’ own privacy notices; and we take no responsibility for your use of those platforms.

7.2 Where our website may contain links to third-party websites, if you follow these links you will exit our website and the use of these websites will be subject to the relevant platform owners’ own privacy notices.

7.3 Where you respond to communication we post on third-party platforms, such as Facebook, Google and Twitter, your personal information may be shared with those third party platforms for the purposes of providing you with targeted advertising via the relevant third-party platform, based on your provided profile/interests.

7.4 While these third-party websites are selected with care, POOLBRITE cannot accept liability for the use of your personal information by these organisations. However, you can control what advertisements you receive by using the privacy settings on the relevant third party’s platform.

8.PROCESSING OF CHILDREN’S PERSONAL DATA

Any person who accesses our website and is under the age of 18 may only do so with the consent of his/her parent or legal guardian. If we determine upon collection that any person accessing the website is under the age of 18, and has not provided a parent/guardian’s consent, we will not use or maintain his/her personal information.

9. SECURITY AND STORAGE OF INFORMATION

9.1 We will use our best endeavours to keep your personal information secure by taking appropriate technical and organisational measures against any unauthorised or unlawful processing and any accidental loss, destruction or damage.

9.2 While we will use our best endeavours, as indicated above, to protect your personal information, please note that no method of transmission over the internet or electronic storage is 100% secure; and, in light of this, we cannot guarantee the security of your personal information which is transmitted via our website or other websites, applications and services through an internet or similar connection. Therefore, while we strive to use commercially acceptable measures designed to protect personal information, we cannot guarantee its absolute security.

10.OTHER SITES AND SOCIAL MEDIA

10.1 If you follow a link from our website to another site or service, this Notice will no longer apply.

10.2 We are not responsible for the information-handling practices of third-party sites or services, and we encourage you to read the privacy notices appearing on those sites or services.

10.3 Our website may enable you to share information with social media sites, or use social media sites to create an account or connect your social media account. Those social media sites may automatically provide us with access to certain personal information they have retained about you (for example, any content you have viewed). You should be able to manage your privacy settings from within your own third-party social media account(s) to filter what personal information you enable us to access from that account.

11. YOUR RIGHTS

11.1 You, as a Data Subject, have certain rights, which are detailed below.

  • The right of access: You may ask POOLBRITE (free of charge) to confirm that we hold your personal information, or ask us to provide you with details (at a fee) on how we have processed your personal information, which request must be done by following the process set out in POOLBRITE Promotion of Access to Information (PAIA) Manual, which can be requested form us via email at poolbritecustomercare@blsa.co.za.
  • The right to rectification: You have the right to ask us to update or rectify any inaccurate personal information of yours that we hold, and this can be done by accessing the update/rectification request.
  • The right to object to and restrict further processing: Where we do not need your consent to process your personal information, but you are not in agreement with such processing, you may lodge an objection to such processing by accessing the objection request.

11.2 These rights may be exercised by sending an email with your request to poolbritecustomercare@blsa.co.za.

12. COMPLIANTS OR QUERIES: CONTACT US

12.1 Any comments, questions or suggestions about this processing Notice or our handling of your personal information should be emailed to the following:

Information Officer

Deputy Information Officer

12.2 Should you wish to discuss a complaint, please feel free to contact us using the details provided above. All complaints will be treated in a confidential manner.

12.3 Our business hours are 8h30am-4h30pm GMT, Monday to Friday, except on public holidays.

13.ACCEPTANCE AND BINDING NATURE OF THIS DOCUMENT

13.1 By visiting our website and, where applicable, by providing us with your personal information:

  • You acknowledge that you understand why your personal information needs to be processed;
  • You accept the terms that will apply to such processing, including the terms applicable to the cross-border transfer of such personal information; and

13.2 Where consent is required for any processing, as reflected in this processing Notice, you agree that we may process this particular personal information.