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Privacy Policy

  1. WHAT THIS PRIVACY POLICY COVERS

1.1  This Privacy Policy provides information on the collection, use, sharing and processing of personal information by MACmobile Proprietary Limited and its regional offices, whose details are set out on this webpage, (“MACmobile”) in connection with your use of MACmobile websites and social media pages that link to this Privacy Policy, your interactions with MACmobile, whether in person or online, and your use of MACmobile’s products and services. This Privacy Policy also explains the choices you have in relation to these processing activities.

1.2  This Privacy Policy does not apply to non-MACmobile websites, services, products, applications or social networks (“non-MACmobile offerings”) that you may link to or connect with when interacting on MACmobile websites. Use of non-MACmobile offerings may lead to parties other than MACmobile processing your personal information. MACmobile does not have any control over non-MACmobile offerings and you should review the privacy policies of these parties before using the non-MACmobile offerings.

1.3  In this Privacy Policy:

1.3.1  “you” is a reference to any person, including a natural person, a company, a body corporate, an association, a joint venture, a partnership, a trust and any entity capable of suing and being sued, who visit and/or use MACmobile websites or social media pages, attendees at MACmobile events, customers and prospective customers and their representatives, suppliers and channel partners and their representatives and MACmobile’s employees;

1.3.2  “personal information” means information that relates to an identified or identifiable person such as a name, identification number, location data or online identifier;

1.3.3  “process” means any operation or set of operations that is performed on personal information, including the use of, recording, copying, compiling, collecting, collating, structuring, processing, mining, storing, erasing, altering, disclosing by transmission, disseminating and/or transferring such personal information;

1.3.4  “MACmobile offerings” means any one or more of MACmobile’s products, services, MACpartner Program, social media pages, non-marketing related newsletters, case studies, blogs, education services and materials, webinars, events and MACmobile websites and the services, tools, content and features made available through the MACmobile websites; and

1.3.5  the interpretation of general words shall not be restricted by being followed by words including a particular class of acts, matters or things or by being followed by particular examples.

 

  1. CONSENT

2.1 If you do not agree with this Privacy Policy, please do not access or use MACmobile offerings or interact with any other aspect of MACmobile’s business.

2.2 MACmobile may change this Privacy Policy from time to time. If there is an important change, MACmobile will inform you about such change in an appropriate way, such as a pop-up notice or a statement of the changes on this website. Your continued interaction with and use of MACmobile offerings will constitute your consent to the current version of this Privacy Policy.

2.3 You may at any time withdraw a consent granted under this Privacy Policy. Please refer to clause 11 below.

 

  1. WHAT INFORMATION MACmobile COLLECTS ABOUT YOU

3.1  MACmobile may collect information directly from you, including:

3.1.1  your name, physical address, email address, telephone numbers and/or your identification number and, in the case of a natural person, your company’s name, your company’s identification number, your job title, your business telephone number and/or email address, such as when you submit an enquiry to MACmobile, when you contract with MACmobile for a MACmobile offering or when you create an online account or profile to access MACmobile offerings;

3.1.2  your payment information if you purchase or subscribe for MACmobile offerings that are provided by way of MACmobile websites or if MACmobile needs to process a payment to you. However in most instances when you pay MACmobile for a MACmobile offering by way of a MACmobile website, your payment information will be transferred directly from you to the third party service provider that processes the payment without MACmobile having access to your payment information;

3.1.3  your financial information for vetting purposes if you apply to become a channel partner and, if you are a channel partner, for purposes of assessing your performance and determining your grading and benefits;

3.1.4  your company logo for display on MACmobile websites as recognition of the relationship that exists between you and MACmobile, whether as a customer, a channel partner or a supplier;

3.1.5  the passwords and log-in details that you have created to access your account with MACmobile in respect of the MACmobile offerings; and/or

3.1.6  your opinions relating to MACmobile offerings received from surveys.

3.2  MACmobile may also collect other information through your interaction with and use of MACmobile offerings, including:

3.2.1  Internet Protocol address (“IP address”) and information derived from your IP address, such as your geographic location, your company or when you access MACmobile websites;

3.2.2  information about the device that you use to access MACmobile websites, such as device type and version, mobile device identifier, browser type, operating system, the presence or use of applications or information about your preferred language;

3.2.3  information about the company that you work for, such as the name, size, location, industry or its public officers;

3.2.4  behavioural or demographic attributes, when tied to personal information that identifies you;

3.2.5  behavioural data about the internet connected device you use when interacting with MACmobile websites, such as webpages clicked, content areas visited and time spent on webpages, content downloaded, date and time of activities, how often you access MACmobile websites or the web search used to locate and navigate to a MACmobile website;

3.2.6  transactional data, including products and services that you have enquired about or ordered or are using;

3.2.7  your activities in relation to MACmobile offerings, such as the applications you have purchased through the MACmobile website, the support issues you have logged, the certification you have achieved or, in the case of a channel partner, the customers that you have sublicensed MACmobile products to;

3.2.8  your use and navigation of MACmobile websites and your use of the services, products, tools and material made available by way of MACmobile websites; and/or

3.2.9  aggregated information relating to the use of MACmobile offerings, such as which features or aspects of MACmobile offerings are used the most or the least or any errors or problems that are registered in respect of specific features or aspects of the MACmobile offerings.

3.3  In some instances, MACmobile may combine other information with personal information. If MACmobile combines other information with personal information, MACmobile will treat the combined information as personal information.

 

  1. HOW MACmobile COLLECTS INFORMATION

4.1  MACmobile, its affiliates and its third party service providers may collect information from a variety of sources including:

4.1.1  when you provide the information to MACmobile or its third party service providers either directly or through MACmobile websites;

4.1.2  your interaction with MACmobile, your use of MACmobile offerings and your access to and activities on or in relation to MACmobile offerings;

4.1.3  the use of technologies on MACmobile websites such as:

4.1.3.1  electronic communication protocols – when you visit MACmobile websites, MACmobile may automatically receive information from you as part of the communication connection itself, which may include the information listed in clauses 3.2.2 or 3.2.5 above, and MACmobile may also automatically receive and record information about your interaction with MACmobile websites;

4.1.3.2  cookies – are small text files sent by a web server to store information on your browser so it can later be read back from that browser. Cookies collect information such as your device ID, your IP address, behavioural data of your device usage on MACmobile websites and general usage and volume statistical information. Cookies remember log-in details and provide secure log-in, keep track of information you have provided to MACmobile, remember your task or transaction progress, analyse site usage to provide custom content, conduct analytics to optimise MACmobile website functionality, ensure the MACmobile websites look consistent and allow you to post comments. You can set your browser to alert you when a cookie is being used and accept, reject or disable the cookie. If you reject or disable a cookie, you may not be able to use certain functions or features of a MACmobile website;

4.1.3.3  tags (often called pixels) – are small blocks of code on a web page that allow MACmobile websites to do things like read and place cookies on your browser or device. MACmobile uses tags to collect information about you when you visit MACmobile websites, such as your IP address, the time that you visited the MACmobile website and the type of browser you used, and your behaviour on the MACmobile websites, such as which webpages you accessed or what information you downloaded; and/or

4.1.3.4  analytics tools – these tools may establish your location, track how you use MACmobile websites or create a profile of you. This assists MACmobile to determine which content is the most appropriate to be displayed while you visit MACmobile websites, which MACmobile offerings you are interested in and how you are using the information that is made available to you on MACmobile websites; and/or

4.1.4  other data you may have made publicly available, such as social media posts or when you ‘like’ MACmobile, share content or follow MACmobile on Twitter or data provided by third party sources, such as professional networking sites or information service providers.

 

  1. HOW MACmobile USES THE INFORMATION

5.1  Depending on which of the MACmobile offerings you use, how you use those offerings and any preferences you have communicated to MACmobile, MACmobile may use your personal information (unless otherwise restricted by applicable law):

5.1.1  to communicate with you and respond to your requests or enquiries which MACmobile may have received by you submitting contact forms on MACmobile websites, attending MACmobile events, sending an email to MACmobile or by visiting social media platforms;

5.1.2  to interact with you on third party social networks, such as providing a hashed user ID to third party social networks or other web offerings where this information is matched against their databases to display more relevant information to you;

5.1.3  if you choose to register with MACmobile, such as to become a channel partner or as a customer or to receive MACmobile offerings, to create and manage an account for you;

5.1.4  to engage in transactions with you and to process your transactions, such as sending you licence keys to activate your use of MACmobile’s products, activating your subscription to a service or sending you invoices;

5.1.5  to perform in terms of an agreement that you or your company have entered into with MACmobile, such as providing you with the relevant MACmobile offering, verifying your identity, taking payments and sending you necessary communications;

5.1.6  to process activities necessary to perform or provide the MACmobile offerings, such as testing and applying new products, patches and updates and resolving errors and other issues that you have reported to MACmobile;

5.1.7  to track or record your use of MACmobile offerings, such as the version of MACmobile software you are using or the webinars you have attended;

5.1.8  to communicate with you about any matters or information relating to MACmobile offerings, such as new product releases and service developments, updates, events, special offers, promotions or requirements and benefits applicable to channel partners. This information may apply specifically to you or generally to all parties using those or related MACmobile offerings. This may occasionally include information from other business partners about their products and services that can add value to MACmobile offerings;

5.1.9  to send you newsletters and notify you about blogs published on MACmobile websites;

5.1.10  to share information about your use of MACmobile offerings with your company, such as the courses that you have registered for, the certifications that you have achieved or the tools that you have downloaded;

5.1.11  to provide MACmobile online communities and moderate the activities that take place on such platforms. MACmobile websites may permit you to participate in interactive discussions, post content and engage in networking activities. Certain of your personal information, such as your name, may be visible to other participants. MACmobile does not control the content that users post to these forums. You should carefully consider whether you wish to submit personal information to these forums. Please refer to clause 11 below regarding your right to manage or remove your personal information from MACmobile online communities;

5.1.12  to help create and personalize content for you on MACmobile websites and to facilitate and improve your use of the MACmobile websites;

5.1.13  to diagnose problems in respect of MACmobile websites, to administer MACmobile websites, to keep MACmobile websites secure and to gather demographic information about the users of MACmobile websites;

5.1.14  to conduct surveys and market research in respect of various topics, such as MACmobile’s customers or channel partners or their experience of MACmobile offerings or the effectiveness of MACmobile’s marketing campaigns or learning courses, to evaluate and improve the use, function and performance of MACmobile offerings, marketing and sales campaigns and MACmobile’s customer, channel partner and supplier relationships;

5.1.15  to investigate and prevent potential fraud or illegal activities involving MACmobile’s systems and networks, to administer MACmobile’s back-up and disaster recovery plans and policies and to confirm compliance with licensing and other terms of use applicable to MACmobile offerings;

5.1.16  to comply with applicable laws and to operate MACmobile’s business, such as confirming your identity, responding to a request from a regulator, defending a legal claim, conducting internal audits and investigations or for finance and accounting, archiving and insurance purposes;

5.1.17  as MACmobile believes to be necessary or appropriate to protect you, MACmobile’s employees and affiliates and other users of MACmobile offerings, MACmobile’s physical and online operations, MACmobile’s property, MACmobile’s rights and MACmobile’s privacy and/or that of MACmobile’s affiliates, you or others; and/or

5.1.18  carry out any other purpose described to you at the time the information was collected from you.

5.2  Some of the personal information uses specified above are not mandatory and may be controlled by you by setting use preferences or electing to opt-out, however your decision to do so may affect your use of MACmobile offerings and/or MACmobile’s ability to transact with you.

5.3  If you are a natural person residing in the European Union, MACmobile’s basis for processing your personal information is the following:

5.3.1  in order to communicate adequately with you and to respond to requests, MACmobile needs to process information about you and therefore MACmobile has a legitimate interest in processing this information;

5.3.2  in order to engage in transactions with customers, suppliers and partners and to process purchases and downloads of MACmobile offerings, MACmobile needs to process information about you as necessary to enter into or perform a contract with you;

5.3.3  MACmobile processes personal information for marketing and sales activities based on your consent where so indicated on MACmobile websites at the time your personal information was collected or further to MACmobile’s legitimate interest to market and promote MACmobile offerings;

5.3.4  MACmobile relies on its legitimate interest to analyse, develop, improve and optimise MACmobile offerings and to maintain the security of its websites, networks and systems;

5.3.5  in order to comply with MACmobile’s legal obligations, applicable laws and regulations, such as to comply with a subpoena or other legal process or to process an opt-out request.

 

  1. WHEN AND HOW MACmobile SHARES YOUR INFORMATION

6.1  MACmobile uses and shares the personal information it collects (unless otherwise restricted by applicable law):

6.1.1  globally between and amongst MACmobile Proprietary Limited and its regional offices. MACmobile employees are authorised to access personal information only to the extent necessary to serve the applicable purpose and to perform their job functions;

6.1.2  with third parties who provide services to MACmobile such as analytics, hosting websites, payment processing, marketing and promotions, event/campaign management, website management, information technology and related infrastructure provision, customer service, e-mail delivery, auditing, legal and other similar services;

6.1.3  with third parties who provide products to MACmobile which are incorporated into or used with MACmobile offerings;

6.1.4  with specific partners that offer complementary products and services;

6.1.5  with your consent, such as displaying your testimonial as a satisfied customer or partner on a MACmobile website;

6.1.6  as MACmobile in good faith believes to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence or business; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence or business, for national security and/or law enforcement purposes; (d) to enforce MACmobile’s terms and conditions; and (e) to allow MACmobile to pursue available remedies or limit the damages that MACmobile may sustain; and/or

6.1.7  with the relevant third party in the event of a reorganisation, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of MACmobile’s business, assets or shares (including in connection with any bankruptcy or similar proceedings).

6.2  When MACmobile shares personal information with third parties, MACmobile requires that
your personal information is processed only to the extent that such processing is necessary and subject to terms consistent with this Privacy Policy.

6.3  MACmobile does not sell or rent your personal information to third parties for any purpose.

6.4  MACmobile may use, transfer and disclose other information, which is not personal information, that MACmobile collects for any purpose, such as statistical information about visitors to MACmobile websites, except where applicable law requires otherwise.

 

  1. ANOTHER PERSON’S INFORMATION

7.1  If you share any personal information with MACmobile that relates to another person (“Data Subject”) you warrant and undertake to and in favour of MACmobile that:

7.1.1  you are in lawful possession and control of the personal information and that you have the consent of the Data Subject to allow MACmobile to process and in any other manner use such personal information for the purpose for which it was collected or made available and as contemplated in this Privacy Policy;

7.1.2  the Data Subject has consented to the Data Subject’s personal information being processed in a country that is different to the Data Subject’s country of residence or business;

7.1.3  you will promptly inform MACmobile in writing in the event that a Data Subject requests that its personal information be updated or in the event that a Data Subject withdraws the consent referred to in this clause 7.1;

7.1.4  you will be responsible for ensuring the correctness or accuracy of the Data Subject’s personal information that is processed by MACmobile.

7.2  You indemnify, defend and hold MACmobile harmless from and against any and all claims, demands, causes of action, liabilities, losses, damages, judgments, settlements, fines, penalties, awards, costs, expenses and fees (including legal costs and fees on an indemnity basis) that may be sustained, suffered or secured against or incurred by MACmobile arising out of or resulting from:

7.2.1  MACmobile’s lawful processing of a Data Subject’s personal information;

7.2.2  the personal information not being correct or accurate; or

7.2.3  your breach of the above provisions.

 

  1. FOR WHAT PERIOD DOES MACmobile RETAIN PERSONAL INFORMATION

8.1  The time periods for which MACmobile keeps your personal information may vary according to the use or purpose attached to the personal information. MACmobile will keep your personal information (i) only for as long as it is required to fulfil the purpose for which the personal information was collected or for which it is to be processed or (ii) until you withdraw your consent. However, where MACmobile is required by applicable law to retain your personal information longer or where your personal information is required for MACmobile to assert or defend against legal claims, MACmobile will retain your personal information until the end of the relevant retention period or until the claims in question have been settled.

8.2  At the end of the retention period, MACmobile will delete your personal information in a manner designed to ensure that it cannot be reconstructed or read.

 

  1. HOW MACmobile SECURES YOUR PERSONAL INFORMATION

9.1  MACmobile uses reasonable technical and organisational safeguards that are designed to protect your personal information from unauthorised or unlawful processing, accidental loss, misuse, unauthorised access, disclosure, alteration and destruction.

9.2  All transmission of data to and from MACmobile’s servers is encrypted using Secure Sockets Layer (SSL) technology.

9.3  However, despite MACmobile’s efforts, no security controls are 100% effective and MACmobile cannot guarantee the security of your personal information. In the event that your personal information is acquired, or is reasonably believed to have been acquired, by an unauthorised person and applicable law requires notification, MACmobile will give you notice promptly. MACmobile will determine the scope of the breach and investigate and restore the integrity of the data system.

9.4  It is important for you to protect against unauthorised access to your account password and to your devices.

 

  1. HOW MACmobile TRANSFERS INFORMATION IT COLLECTS INTERNATIONALLY

10.1  MACmobile collects and shares information globally.

10.2  For purposes of providing the MACmobile offerings to you, MACmobile may transfer, process and store your personal information outside your country of residence or business to wherever MACmobile or its third party service providers operate. In some of these countries, such as the United States, the privacy protections and rights of authorities to access personal information may not be equivalent to those applicable to your country of residence or business. However, in such circumstances MACmobile requires that any processing of your personal information in such country will be subject to the provisions of this Privacy Policy.

 

  1. YOUR RIGHTS

11.1  You may:

11.1.1  request information from MACmobile at any time about the personal information that MACmobile processes about you;

11.1.2  request a copy of the personal information that you have provided to MACmobile. MACmobile will carefully consider your request and discuss with you how MACmobile can best fulfil it;

11.1.3  withdraw consent you have previously provided for the processing of your personal information;

11.1.4  ask MACmobile to erase or delete all or some of your personal information;

11.1.5  edit some of your personal information or request MACmobile to change, update or fix your personal information in certain cases, particularly if it is inaccurate;

11.1.6  ask MACmobile to stop using all or some of your personal information or to limit MACmobile’s use of your personal information.

Please note that these rights are not absolute and certain exemptions apply.

11.2  You can exercise some of the above rights by:

11.2.1  logging into the MACmobile offering and using settings available within the offering or updating your profile settings and modifying content that contains information about you using the options associated with that content;

11.2.2  using the unsubscribe link within promotional communications or updating
your email preferences within your profile settings;

11.2.3  adjusting your browser settings; and/or

11.2.4  contacting MACmobile via the details provided in clause 17 below.

11.3  MACmobile will accommodate your request in terms of clause 11.1 above to the extent that it does not conflict with a statutory obligation or prevailing right of MACmobile.

11.4  You acknowledge that:

11.4.1  any request in terms of clause 11.1 above may mean that you may not be able to continue using some or all of the MACmobile offerings;

11.4.2  any request in terms of clause 11.1 above will have no effect on MACmobile’s past processing of information up until MACmobile’s receipt of your request;

11.4.3  even though you may opt out of receiving marketing communications, you cannot opt out of, and will continue receiving, transactional communications from MACmobile regarding your contracted MACmobile offerings.

11.5  For natural persons who reside in the European Union, you can request that MACmobile restricts its processing of your personal information (i) if you contest the accuracy of the personal information and then for a period enabling MACmobile to verify the accuracy of your personal information; (ii) if there is no legal basis for MACmobile to process your personal information and you oppose MACmobile’s erasure of such personal information; (iii) if MACmobile no longer needs your personal information for the purposes of processing same but you claim that you require MACmobile to retain such information in order to claim or exercise legal rights or to defend against third party claims; or (iv) if you object to the processing of your personal information, for as long as it is required to review as to whether MACmobile has a prevailing interest or legal obligation in processing your personal information. If you request a copy of your personal information, to the extent that MACmobile can comply with such request, it will provide you with that information in a machine-readable form.

 

  1. LINKS TO OTHER SITES

MACmobile websites may contain links to websites of other parties. MACmobile is not responsible for the privacy practices or the content of such other websites. Therefore, you must carefully read the privacy statements of such websites.

 

  1. NOTE ABOUT CHILDREN

13.1  MACmobile’s services are focussed on serving the needs of businesses and are not directed to minors (being children below the age of 18 years). Therefore minors are not eligible to use MACmobile websites or transact with MACmobile and MACmobile requests that they do not submit any personal information to MACmobile.

13.2  If you believe that MACmobile has mistakenly or unintentionally collected personal information of a minor, please notify MACmobile via the contact details contained in clause 17 below so that MACmobile may immediately delete the information from MACmobile’s or its service providers’ servers and make any other corrections.

 

  1. SENSITIVE INFORMATION

Save for information relating to your dietary preferences that you may furnish to MACmobile if you attend any functions hosted by MACmobile, as your sensitive personal information is not required for your transactions or communications with MACmobile, you undertake not to send or share with MACmobile or publish on MACmobile online communities any sensitive personal information (such as information related to racial or ethnic origin, political opinions, religious or other beliefs, health, genetic data, biometric data, criminal background or trade union membership). MACmobile reserves the right to remove and destroy such information.

 

  1. DISPUTES

15.1  If you have any complaints regarding MACmobile’s compliance with this Privacy Policy, you should first contact MACmobile at the details recorded in clause 17 below. MACmobile will investigate and attempt to resolve complaints and disputes regarding use and disclosure of personal information in accordance with this Privacy Policy. If your complaint is not satisfactorily resolved, you may lodge a complaint with the necessary regulatory authority.

15.2  This Privacy Policy shall be deemed to be made under the laws of the Republic of South Africa and the construction, validity, interpretation and performance of this Privacy Policy as well as any dispute related to or arising from this Privacy Policy shall be governed in all respects by the laws of the Republic of South Africa without regard to the principles of conflict of laws and specifically excluding the provisions of the United Nations Convention on the International Sale of Goods. You and MACmobile hereby submit to the exclusive jurisdiction of the courts of the Republic of South Africa.

Notwithstanding the foregoing, nothing in this Privacy Policy precludes MACmobile from taking proceedings against you in any court of competent jurisdiction nor will the taking of proceedings in any one or more jurisdiction preclude the taking of proceedings in other jurisdictions, whether concurrently or not.

 

  1. GENERAL CLAUSES

16.1  This Privacy Policy records the entire understanding and agreement between MACmobile and you with respect to the subject matter hereof. No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded in this Privacy Policy.

16.2  In the event that any provision of this Privacy Policy is or may become illegal, invalid, unlawful or unenforceable in any jurisdiction affected by this Privacy Policy, such provision as to such jurisdiction, shall be ineffective to the extent of such prohibition or unenforceability and shall be treated as not written in this Privacy Policy and severed from the balance of this Privacy Policy, without invalidating the remaining provisions of this Privacy Policy or affecting the validity or enforceability of such provision in any other jurisdiction.

16.3  MACmobile’s failure to enforce any provision of this Privacy Policy will not constitute a waiver of such provision or affect in any way MACmobile’s right to require the performance of such provision at any time in the future.

16.4  You shall not be entitled to cede or assign your rights or delegate your obligations in terms of this Privacy Policy to any third party without MACmobile’s prior written consent.

16.5  The termination of your relationship with MACmobile, for any reason, or the cessation of your use of MACmobile offerings shall not affect the provisions of this Privacy Policy as expressly provide that they will operate after any such termination or cessation or which of necessity must continue to have effect after such termination or cessation notwithstanding that the provisions themselves do not expressly provide for this.

16.6  The head notes to the paragraphs to this Privacy Policy are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.

16.7  Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include the female and neuter genders and words importing persons shall include partnerships and corporate and unincorporated entities.

16.8  No provision in this Privacy Policy shall be construed against or interpreted to the disadvantage of MACmobile by reason of MACmobile having or being deemed to have structured, drafted or introduced such provision.

 

  1. MACmobile’S CONTACT DETAILS

If you believe that your personal information has been used in a way that is not consistent with this Privacy Policy or your choices, or if you wish to submit a request to MACmobile regarding your personal information or if you have any questions or comments related to this Privacy Policy, please address same in writing to the Information Officer at:

17.1  Email address: info@MACmobile.com

17.2  Physical address: Lyttletown Office Park, Building G, 1 Shelanti Ave, Centurion, South Africa

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