PRIVACY POLICY

This Privacy Policy applies to Kunneke Analytix (Pty) Ltd, (“Kunnelytix” or “we” or “us”), regarding all persons (both nature and juristic) that we collect and processes personal information from or about, including our clients, customers, suppliers, service providers, other 3rd parties and website visitors (“you”).

Kunnelytix is committed to protecting the confidentiality and privacy of the personal information it processes. This Privacy Policy explains how we process and protect your personal information.  

As a South African registered business, all our data processing activities are primarily regulated by the Protection of Personal Information Act, No. 4 of 2013 (“POPIA”), as amended from time to time. For the purposes of this Privacy Policy, the terms “personal information” and “process”, are as defined in POPIA.

WHO WE ARE

We are Kunneke Analytix (Pty) Ltd, Registration Number 2021/146682/07, an expert crime data analysis, evidence and testimony company.

WHAT IS PERSONAL INFORMATION

POPIA defines personal information as information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to:

  • information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person;
  • information relating to the education or the medical, financial, criminal or employment history of the person;
  • any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person;
  • the biometric information of the person;
  • the personal opinions, views or preferences of the person;
  • correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;
  • the views or opinions of another individual about the person; and
  • the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person.

WHAT PERSONAL INFORMATION WE COLLECT AND PROCESS

While using our website or engaging with us for the provision of any of our services, you may be required to provide us with your personal information. This may happen when, for example, you send an enquiry on a contact form on our website, www.kunnelytix.co.za or when you contract with us for the provision of products or services.

In certain instances, you may also be required to provide us with sensitive information that is classified by POPIA as special personal information. The collection of this information from you, when required, will be necessary to provide you with our services.

WHO WE COLLECT PERSONAL INFORMATION FROM

Generally, we collect your personal information directly from you.

Generally, the collection of personal information from you and the other sources referred to above is mandatory to achieve the purpose that we are collecting it for (as set out below). We will let you know you where the collection of certain personal information is voluntary and not mandatory.

THE PURPOSES THAT WE USE PERSONAL INFORMATION FOR

We may collect, use, share and/or generally process your personal information including, where applicable your special personal information for the following purposes:

  • To provide you with our products and/or services;
  • To comply with all legislative and legal requirements placed on us, which may include, but not be limited to, legislative reporting and document retention periods and where the law requires that information be notified to third parties (such as government institutions);
  • To conclude or perform a contract with you, or to take any take steps linked to or necessary for the conclusion or performance of a contract with you;
  • Where applicable, for general marketing and communication purposes, where you are an existing customer of Kunnelytix or where we have received your consent to receive these communications, and in compliance with the provisions of POPIA. You will be given the opportunity to unsubscribe from any marketing communications, general communications and/or newsletters at any time, and with each communication received;
  • Where necessary, for any purposes which are in our, your or a third party’s legitimate interests;
  • To perform general administrative, operational, management and performance functions and activities relating to the operation and running of our business and of our website, and for the purposes of managing our legal and operational affairs;
  • For any purposes which are required or authorised by law;
  • To respond to requests by government, a court of law, or law enforcement authorities conducting an investigation;
  • For reporting, statistical, analytical, research and historical purposes;
  • Where you are applying for a vacancy, to process your application throughout our recruitment process;
  • In relation to the use of our website, to identify, investigate and attend to any technical issues, support and user queries;
  • To detect, prevent or deal with any actual or alleged fraud, security breach, or the abuse, misuse or unauthorised use of the website and/or contravention of this Privacy

WHO WE MAY DISCLOSE PERSONAL INFORMATION TO

We value and respect the confidentiality and privacy of the personal information that you entrust us with. We are not in the business of selling your personal information and we will not share or disclose your personal information to anyone except as provided in this Privacy Policy and/or any contracts or terms and conditions of Service concluded with us.

By using our website and/or engaging with us for the provision of products or services, you acknowledge and agree that we may share your personal information including, where applicable your special personal information in the following instances:

  • With our service providers (including our suppliers, subcontractors, affiliates, partners, agents and professional advisors), in order to provide you with our services, for reporting purposes or generally as required for the administration and management of our business. In these instances, we will ensure that the necessary security safeguards and confidentiality undertakings are in place to secure your personal information. We will only allow third parties to process your personal information for a specific purpose, in accordance with our instructions and in accordance with the requirements of POPIA and any other applicable data privacy laws;
  • With our employees, who may require that information to do their jobs;
  • With regulators and government authorities in connection with our compliance procedures and legal obligations;
  • With a purchaser or prospective purchaser of all or part of our assets or our business or the shares of our company (or any subsidiary company), and their professional advisers, in connection with the purchase;
  • With a third party, to enforce or defend our rights, or to address financial or reputational risks.

HOW WE SECURE PERSONAL INFORMATION

Securing the personal information you give us, or that we receive about you, is a priority for us.

We take appropriate and reasonable technical and organisational security measures to protect the personal information that we process, in accordance with the requirements of POPIA.

All of our employees are familiar with our security policy and practices.

The Personally Identifiable Information of our Visitors and Authorized Customers is only accessible to a limited number of qualified employees who are given a password to gain access to the information. We audit our security systems and processes on a regular basis. Sensitive information, such as credit card numbers or social security numbers, is protected by encryption protocols, in place to protect information sent over the Internet. While we take commercially reasonable measures to maintain a secure site, electronic communications and databases are subject to errors, tampering and break-ins, and we cannot guarantee or warrant that such events will not take place and we will not be liable to Visitors or Authorized Customers for any such occurrences.

HOW LONG WE RETAIN PERSONAL INFORMATION FOR

We will not retain your personal information longer than necessary. We will retain the personal information you provide to us or that we receive about you for as long as is needed to achieve the purpose that it was collected for, or for an extended period of time, even after the personal information is no longer needed to achieve the purpose that it was collected for, if the retention of your personal information records is:

  • required by law or any code of conduct;
  • required to meet regulatory requirements;
  • needed for evidentiary purposes, to resolve disputes, to prevent or investigate fraud and abuse, or to enforce any contract concluded with you;
  • reasonably required for lawful purposes that are related to Kunnelytix’s function, operations or activities;
  • determined necessary in accordance with our internal document retention and destruction policies;
  • required for historical, research or statistical purposes.

Where applicable, personal information that has been included on our customer database and that is used for marketing and communication purposes will be retained by us. When you request to unsubscribe from these communications, your contact information contained in our customer communication databased will be placed into an unsubscribe list, to enable us to manage and honour your unsubscribe request. If you require us to delete your information completely from our customer communication data base, you understand that we will no longer be able to manage your unsubscribe request (as we will no longer have a record of your unsubscribe request available in our database). 

TRANSFER OF PERSONAL INFORMATION OUTSIDE OF SOUTH AFRICA

Given the nature of our business, we may store both hard copy and electronic records containing personal information.

Electronic personal information records may be stored on Kunnelytix’s servers and/or on third party servers, including servers used for cloud-based software and applications used by Kunnelytix for the purposes of providing you with our products and/or services and for the administration and management of our business.

While we endeavour, as far as reasonably possible, to store your personal information locally in South Africa, we may be required to transfer to and/or store your personal information on servers located outside of South Africa. We may also have third party service providers that are located outside of South Africa, which may result in your personal information being transferred and processed outside of South Africa.

We will take reasonable and appropriate measures to ensure that any personal information, special personal information or children’s information (where applicable) that is transferred outside of the borders of South Africa is transferred in compliance with the requirements of POPIA and that an adequate level of privacy protection is in place between us and these third-party service providers. 

PROCESSING SPECIAL PERSONAL INFORMATION AND CHILDREN’S PERSONAL INFORMATION

Due to the nature of Kunnelytix’s business, it is required to collect and process special personal information and children’s personal information.

All special personal information and children’s personal information collected and processed by Kunnelytix will be done in compliance with the provisions of POPIA and with your consent, where POPIA requires us to obtain your consent.

WHAT YOUR PRIVACY RIGHTS ARE

As a data subject, POPIA provides you with a number of rights regarding how your personal information is used and processed. In terms of POPIA, you are entitled, in the prescribed manner and form, to:

  • request a copy of the personal information that we hold about you (subject to and in accordance with the provisions of the Promotion of Access to Information Act);
  • update the personal information you have given to us, in the event that the personal information is inaccurate or outdated;
  • request the correction, destruction or deletion of personal information we hold about you (where legally permissible and subject to our right not to correct or delete the personal information record in certain circumstances);
  • object to your personal information being processed by us (on reasonable and lawful grounds), in instances where you have a legitimate reason to believe that we are not processing your personal information in accordance with the provisions of POPIA; and to
  • object to any processing of your personal information for the purpose of direct marketing by electronic communication, in the prescribed manner and form, or to unsubscribe from receiving any marketing or communication emails received from us by clicking the “unsubscribe” link at the bottom of any email.

We will make commercially reasonable efforts to give you reasonable access to any of your personal or other account information that we process and/or retain. Sometimes, for example when we are required retain or withhold the disclosure of certain personal information by law, we may not be able to give you with access to all your personal information or we may not be able to change, rectify or delete your personal information at your request. In these circumstances, we will give you reasons as to why your request cannot be complied with.

COMPLAINTS

If you have a complaint about how we are processing your personal information, or if you want to object to us processing your personal information or request the correction, deletion or destruction of any of the personal information records we hold about you, please contact our Information Officer at [thereza.kunneke@kunnelytix.co.za], in the first instance, so that we can resolve the complaint or attend to your request.

All requests for access to personal information records that we hold must be done on the form prescribed in terms of PAIA (the Promotion of Access to Information Act).

All objections to us process your personal information need to be submitted to us on prescribed Form 1, as set out in the POPIA Regulations.

All requests for correction, deletion or destruction of your personal information records need to be submitted to us on prescribed Form 2, as set out in the POPIA Regulations.  

The POPIA Regulations and the PAIA Act can be accessed on the Information Regulator’s website: https://inforegulator.org.za

In terms of POPIA, you are also entitled to direct a compliant to the Office of the Information Regulator, South Africa, if you feel that your complaint has not been adequately addressed directly with us. Complaints to be addressed to the Information Regulator must be completed in the prescribed manner and form (on prescribed Form 5 Part II, as set out in the POPIA Regulations).

The Office of the Information Regulator may be contacted at inforeg@justice.gov.za (general enquiries) or POPIAComplaints.IR@justice.gov.za (complaints).

The Information Regulator’s website is: https://inforegulator.org.za/popia-forms/ 

CHANGES TO THIS PRIVACY POLICY

Changes may need to be made to this Privacy Policy, from time to time. We will try to only make changes to this Privacy Policy where they are material, necessary and/or required as a result of legislative or regulatory changes or guidance, or any code of conducts published that may be relevant to the industry in which our business operates.

Any changes made to this Privacy Policy will be posted through an updated Privacy Policy that is loaded onto this website page. Please check this page to keep informed of any updated or revised Privacy Policy that may be posted. 

LAWS APPLICABLE TO THIS PRIVACY POLICY

This Privacy Policy is governed by the laws of the Republic of South Africa, and you hereby consent to the jurisdiction of the South African courts in respect of any dispute which may arise out of or in connection with the formation, interpretation, substance or application of this Privacy Policy.