This SMART WORKS (PTY) LTD. Privacy Policy applies to how we collect, use and process your Personal Information when you use the SMART WORKS (PTY) LTD. website, the SMART WORKS (PTY) LTD. mobi site, the SMART WORKS (PTY) LTD. mobile application or the services provided by SMART WORKS (PTY) LTD.. Please read this Privacy Policy carefully.
This Privacy Policy forms part of the SMART WORKS (PTY) LTD. Terms of Use accessible at www.smartworks.co.za By accessing or using the the SMART WORKS (PTY) LTD. website, the SMART WORKS (PTY) LTD. mobi site, the SMART WORKS (PTY) LTD. mobile application or the services provided by SMART WORKS (PTY) LTD. you are agreeing to this Privacy Policy and the Terms of Use. If you do not comply with the Privacy Policy, that will also be a breach of the Terms of Use. SMART WORKS (PTY) LTD. and others will have claims and other rights against you under the Privacy Policy and the Terms of Use.

To the extent that the Consumer Protection Act, No 68 of 2008 applies, we have a duty to point out certain important provisions in this Privacy Policy to you. The sections of this Privacy Policy which contain these important provisions and reasons why they are important are set out below.
It is also very important that you read all of these sections carefully and not just what we say below.

1. Limitation of risk, legal responsibilities and liability. Sections A, C, D, F and G are important because they limit and exclude obligations, liabilities and legal responsibilities that we may otherwise have to you. As a result of these Sections, your rights and remedies against us and these other persons and entities are limited and excluded. These Sections also limit and exclude your right to recover or make claims for losses, damages, liability or harm you or others may suffer. These Sections also state that you know and accept that the Internet is not absolutely secure and there is a risk that your Personal Information will not be secure when transmitting over the Internet.

2. Assumption of risk, legal responsibilities and liability by you. Sections A, B, E and G are important because you take on risk, legal responsibilities and liability. As a result of these Sections, you may also be responsible for claims and other amounts. You will also be responsible for, and you accept, various risks, damages, harm, and injury which may be suffered by you and others for what is stated in these Sections. In these Sections, you also waive your rights, and as a result, we may not have to perform our duties and you may not become aware of information that you may need to protect yourself. We respect your privacy and have developed a detailed Privacy Policy.

This Privacy Policy describes our practices with respect to personal information collected via our website accessible at www.smartworks.co.za, or our mobile site accessible at m.Smartworks.co.za , or the software application made available by us for mobile devices (“SMART WORKS (PTY) LTD. App”) and associated services and tools, where users may engage in activities such as creating a profile, posting or viewing online classifieds listings, entering into transactions with other users, exchanging messages and performing a host of associated functions (the “Service”). Our website and our mobile site and the SMART WORKS (PTY) LTD. App are individually and collectively referred to as the “Website” in this Privacy Policy. In all cases we shall comply with applicable provisions of data protection law in the jurisdictions where we operate. This Privacy Policy is subject to the laws of the Republic of South Africa.

This Privacy Policy forms part of our Terms of Use (“Terms of Use” or the “Terms”). By accessing the Website or using the Service, you agree that you have read, understood and agree to be bound by this Privacy Policy and you provide us with your express consent and agreement that we may collect, get, receive, record, organise, collate, store, update, change, retrieve, read, process, use and share your Personal Information in the ways set out in this Privacy Policy. When we do one or more of these actions with your Personal Information, we are “Processing” your Personal Information.

The term “Personal Information” refers to your private information, such as your name and surname, age, date of birth, contact details (e.g. your home address, postal address, e-mail address or phone number), physical location, social media account details, profile pictures, and other information defined as “personal information” in laws.

You are not allowed to make any use of the Website or the Service if you do not agree to this Privacy Policy. If you make any use of the Website or the Service, this will mean that you agree to this Privacy Policy. If you do not agree to this Privacy Policy, you must immediately stop using the Website and the Service.

You should be aware that when you click certain links on our Website or within the SMART WORKS (PTY) LTD. APP you could be directed to other companies’ properties outside of our hosted environment where the information collected is outside of our direct control. The privacy policy of the third parties’ properties or applications will govern the information obtained from you by these third parties in those contexts.

1. INFORMATION WE COLLECT, RECEIVE AND HOST

2. Account and Profile Information: When you use our Services we may require and use certain information such as a valid email address and password. In addition, users may create a profile that includes information such as their location, first and last name, gender, phone number, interests and associated information, including social media details, geographical location, interests, photographs, images, files, comments, user posts or other material they may wish to upload (“Content”). In certain circumstances users may also contact one another via their profiles. Any information users share in publicly-available profiles is their own responsibility. You should carefully consider the risks of making certain personal information, particularly information such as address or precise location information, publicly available. Where a user has decided to login to our site using a third-party authentication service such as Facebook Connect, we may also receive additional profile or other information authorised by that third party provider.
2. Listings and Transactions: We may host the information, including Personal Information and contact information, valid contact information and password necessary to provide our Services. Much of the same information used to create an account or profile may be required to post a listing. Any information users share in listings is their own responsibility. Like with profiles, users should carefully consider the risks of making certain personal information, particularly information such as address or precise location information, publicly available in a listing.

3. Games, Advertising and Promotions: We may collect Personal Information such as your name and contact information when you participate in games, quizzes or other marketing promotions we sponsor on our site or on third-party sites. We may also process information related to the effectiveness of our advertising campaigns, including what ads are viewed and clicked either on our network or on third-party sites.

4. Customer Care: When you contact our customer care department, we may collect the Personal Information necessary to fulfil your request and to contact you for follow up as needed. We may also contact you using existing account contact information you provide to us for this purpose. We may also collect other information about our communications with our users, for example any user support requests that our users make or any feedback that our users provide to us.

5. Website and Mobile Data: We may automatically receive and log information on our servers from your browser or device including your IP address, software and hardware attributes, pages that you request, mobile identifiers, information about app usage, and other device or systems-level information. This can occur on our Website, the SMART WORKS (PTY) LTD. App, or on third parties’ services.

6. Consolidated Information and User profiles: We may also consolidate, compare and compile Personal Information we have about you and other users with Personal Information about you and other users that we lawfully obtain from business partners or third parties.

IP ADDRESS, COOKIES & MOBILE IDENTIFIERS:
1. We may collect certain information through technology like cookies, pixels and local storage (like on your browser or device). Cookies are small text files that store information on your computer, mobile phone or other device locally. Pixels are small images that are part of codes on webpages that do things like allow another server to measure viewing of a webpage and often are used in connection with cookies. The code tracks if and when (and on which page) a pixel is loaded to indicate that a user has engaged with a specific screen or portion of a screen.

2. With the help of cookies, the web server can save, for instance, preferences and settings on the user’s computer, mobile phone or other device which are then automatically restored on the next visit. Or to put it another way, the cookies are used, among other things, to make the use of the Website more user- friendly so that, for instance, you do not have to repeat the log-in process when you visit again. We use both persistent cookies and session cookies. Whereas persistent cookies remain on your computer for a longer period of time, session cookies are automatically deleted when the browser window is closed.

3. We may allow third parties such as advertising or analytics providers to collect information using these types of technologies directly on our Website or from our mobile application. The data that they collect is subject to the applicable privacy policy of those third parties.

USE OF THIS INFORMATION

1. To provide our Services we may use the information we collect and host for the following general purposes:
(i) to provide customer services, including to create and manage user accounts, to resolve technical difficulties and to enable features;
(ii) to customize offers and experiences, including advertising on our properties or third parties’ properties;
(iii) to monitor general and individual user activity, such as keyword searches, postings and transactional activity, and to manage traffic on the Website;
(iv) to contact our users, including for service matters, customer care or permitted marketing communications via any available communications channels;
(v) to undertake research initiatives and to perform analytics to improve our services; and
(vi) to enforce our Terms of Use including to combat fraud and abuse.

2. We may retain information that we collect and observe on our network only for as long as is required to fulfil the above business objectives.

INFORMATION SHARING

1. We may share information we collect with our affiliates (an affiliate is (i) any company which controls SMART WORKS (PTY) LTD. from time to time; or (ii) any company which is controlled or owned by SMART WORKS (PTY) LTD. from time to time, or (iii) any company commonly controlled or owned with SMART WORKS (PTY) LTD. from time to time; or (iv) any entity forming part of SMART WORKS (PTY) LTD.’s group of companies jointly offering the Service from time to time). These affiliates may be located in another country. These affiliates may only process and use this information to assist us for purposes described in this Privacy Policy and are bound to honour this Privacy Policy.

2. We do not share Personal Information about our users with non-affiliated third parties unless we have our users’ specific permission to do so, or in the following circumstances:

o We may use third-party service providers to assist in offering aspects of our Services, in which case they shall have no authority to independently use any Personal Information they process on our behalf, and shall be subject to the terms of this Privacy Policy.

o We reserve the right to share information with private or public authorities that will enable us to fight fraud and abuse on our network, to investigate suspected violations of law, or to fight any other suspected breach of our terms of service.

o We may share Personal Information with government authorities as required by applicable law.

o As a matter of policy we do not rent or sell Personal Information about our users with non-affiliated third parties unless we have our users’ specific permission to do so. In the event that our business or a division of our business is reorganised or sold and we transfer all or substantially all of our assets to a new owner, your Personal Information may be transferred to the buyer to enable continuity of service.

o We may share certain non-personal information (data that does not identify our users individually) with third-party service providers, trusted partners or approved researchers in order to better understand what advertisements or services may interest you, to improve the overall quality and effectiveness of our Services or their services, or to contribute to academic research that we believe is of broader social benefit.

USER CONTROLS

1. Access, Correction and Deletion: For users that have created an account or listing with us, you can access, correct or delete your Personal Information by writing to us at the following address info@smartworks.co.za. You are responsible for keeping the data you provide or post on our network accurate. If your account was created through an identity provider (e.g. Facebook Connect) you may also disable or change the account information through the settings offered by the identity provider (e.g. on Facebook.com).

2. Cookies: Most major desktop and mobile web browsers (ie. Safari, Firefox, Internet Explorer, Chrome, Opera) provide controls that allow you to limit or block the setting of cookies on your systems. Note that disabling cookies in your browser for either first-party domains (the sites you actively visit) or third-party domains (companies other than those you directly visit on the Web) may result in decreased functionality in certain instances.

SECURITY

All information we collect is protected by reasonable technical means and reasonable security procedures in order to prevent unauthorised access or use of data. Our affiliates, trusted partners and third-party service providers have committed to manage the information in accordance with our requirements for security and privacy. Unfortunately, the transmission of information via the internet is not completely secure. Although we try protect your Personal Information, we cannot guarantee the security of your information in the course of its transmission.

CHANGES TO THIS POLICY

This Privacy Policy was last updated in July 2016. We may update this Privacy Policy from time to time.
All changes to this Privacy Policy will take effect from the time that SMART WORKS (PTY) LTD. places them on the Website. You are responsible for reviewing and checking this Privacy Policy whenever you wish to use the Website, Service or the Content.

SEVERABILITY

Each provision of this Privacy Policy, and each part of any such provisions, is separate and severable from the others. To the extent that any provision in this Privacy Policy, or any part of such provision is, becomes or is declared by a court of competent jurisdiction or other competent authority to be unlawful, invalid or unenforceable for any reason or in any jurisdiction, then it will, to the extent that it is unlawful, invalid or unenforceable, be severed from this Privacy Policy and treated as if it had not been written (ie pro non scripto), without invalidating or affecting the enforceability of the remainder of such provision or the remainder of this Privacy Policy.

1. CONSUMER PROTECTION ACT AND ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT
If this Privacy Policy is regulated by the Consumer Protection Act, 68 of 2008 (“CPA”) or the Electronic Communications and Transactions Act, 25 of 2002 (“ECTA”) or Protection of Personal Information Act, 4 of 2013 (“POPI”), it is not intended that any provision of this Privacy Policy contravenes any provision of the CPA or ECTA or POPI. Therefore, all provisions of this Privacy Policy must be treated as being qualified, to the extent necessary, to ensure that the provisions of the CPA, ECTA and POPI are complied with.

Nothing in this Privacy Policy:

1. limits or exempts SMART WORKS (PTY) LTD. or any person from any responsibility or liability (including, without limitation, for any loss directly or indirectly attributable to the gross negligence or wilful default of SMART WORKS (PTY) LTD. or any other person, or that of any person acting for or controlled by SMART WORKS (PTY) LTD. or any other person) to the extent that the law does not allow this; or
2. requires you to assume risk or responsibility or liability (including, without limitation, for the kind of loss referred to above) to the extent the law does not allow this; or
3. excludes any warranties implied into this Privacy Policy by law, to the extent that the law does not allow them to be excluded.

CONTACT INFORMATION

Questions about this policy can be directed to info@smartworks.co.za