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Privacy Policy

We appreciate your interest in our services and products, online (e.g. via our partners’ websites) and at conventions, seminars, trade shows and exhibitions, and our websites (boxfusion.co.za and smartgov.co.za), (collectively, our “Services”). Privacy protection is very important to us and we are committed to protecting and respecting your privacy. This privacy policy sets out information about how we collect, store, process, transfer and use data that identifies or is associated with you, as a natural person (hereinafter “personal information”). Personal information also covers all personal data as defined under Art. 4(1) of the European Data Protection Regulation (GDPR).

Who is the data controller of your personal information?

We, that is Boxfusion (Pty) Ltd, 266 Pretorius Street, Pretoria, 0002, South Africa, (“Boxfusion” or “we”) are the data controller. We are responsible for, and control, the processing of your personal information.

If you wish to contact us, you can find our contact details at the end of this privacy policy.

What personal information do we collect?

In the context of rendering our Services, be it online or offline, we may collect information about you. This information regularly includes the following:

  • If you use SmartGov cloud software: from downloaded, pulled or deployed instances we may collect information such as the platform, instance type, IP address, operating system details, the application being used.
  • If you register on our websites or sign up for a trial: Name, e-mail address, mailing address, phone number, company name, job title, IP address, username and password.
  • If you register for a paid service: in addition to the above, credit card or other payment information and information on your order such as price, license, service plan.
  • If you subscribe to our newsletter: Name, email address, marketing campaign information such as your reaction to our marketing and your interest in our Services.
  • If you contact us (via our websites or via phone, email or letter), e.g. for a support request, respond to a survey, send us an inquiry or post to our forum: Name, e-mail address, mailing address, phone number, company name, job title, IP address, information on our communication with you and any additional information you provide us with.
  • If you merely visit our websites: IP address, browser data, browser type, device type, device ID, Uniform Resource Locators (URL), operating system, language preferences, information on your usage of our websites and online activities.

How do we collect your information?

This personal information is collected in many ways and may include:

  • Personal information you provide to us: Most of the personal information we receive comes to us voluntarily from our users in the course of using our Services, such as when visiting our website, communicating with us or in the process of requesting our Services. You are free to choose which information you want to provide to us or whether you want to provide us with information at all. However, some information, such as your name, address, payment information and information on your requested Services may be necessary for the performance of our contractual obligations. Without providing this information, you will not be able to order certain Services or enter into a contract with us.
  • Personal information collected via technology: We may automatically collect information from SmartGov instances that you have deployed from our websites or a website of one of our partners. While you use our websites, we may collect passive information through the use of cookies. Please see below for more information about cookies.
  • Personal information we receive from others: We may receive personal information about users from third parties such as Clearbit, that provides us with additional information regarding our email and web form contacts, providers of denied party screening, data information agencies such as Dun & Bradstreet, and other marketing partners and consultants, such as our cloud partners, Microsoft who may pass on lead data of users of our applications on their marketplaces.

Why and on which legal basis do we collect and use your personal information?

The reasons for using your personal information may differ depending on the purpose of the collection. Regularly we use your information for the following purposes and on the following legal grounds:

  • We use your information in order to perform our contractual services or prior to entering into a contract with you . If you order Services from Boxfusion or if you contact us to request our Services, we use your information to provide you with these Services. Information we use includes: information we need to contact you or otherwise communicate with you; information to manage your account; information to enable the download or usage of Services; information for invoicing, payment and license renewals.
  • We use your information if justified by our legitimate interests. The usage of your information may also be necessary for our own business interests. For example, we may use some of your information to evaluate and review our business performance, create financial statements; improve our Services or to identify potential cyber security threats. If necessary, we may also use your information to pursue or defend ourselves against legal claims. We may use your email address for our email marketing campaigns. You can object to this use at any time by following the link to unsubscribe at the bottom of our marketing emails.
  • We use your information after obtaining your consent. In some cases, we may ask you to grant us separate consent to use your information. You are free to deny your consent and the denial will have no negative consequences for you. You are free to withdraw your consent at any time with effect for the future. If you have granted us consent to use your information, we will use it only for the purposes specified in the consent form.
    This also includes our marketing campaigns. If you sign up to one of our email newsletters or when providing us with your email address allow us to use this email address for email marketing, we will use your personal information in the relevant email marketing campaigns. You may unsubscribe from any of our email newsletters at any time by following the link to unsubscribe at the bottom of the newsletter. You may also contact us via email, phone or mail at the addresses provided at the end of this document to request that we remove you from our email list.
  • We use your information to comply with legal obligations. We are obligated to retain certain information because of legal requirements, for example, tax or commercial laws.

We will only use your information for the purposes for which we have collected them. We will not use your information for other purposes. We do not use your personal information for automated individual decision-making.

With whom do we share your personal information?

As required in accordance with how we use it, we will share your personal information with the following third parties:

  • Service providers and advisors: Third party vendors and other service providers that perform services for us or on our behalf, which may include marketing campaign services, providing mailing or email services, tax and accounting services, product fulfilment, payment processing, data enhancement services, fraud prevention, web hosting, or providing analytic services; These third parties include: Microsoft, Google, Vodacom, Slack, SurveyMonkey, Freshdesk. Any such service providers will by appropriate data processing agreements be bound to only process the data on Boxfusion’s behalf and under its instructions.
  • Purchasers and third parties in connection with a business transaction: Personal information may be disclosed to third parties in connection with a Boxfusion-related transaction, such as a merger, sale of Boxfusion assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business, or in the event of a bankruptcy or similar proceedings.
  • Law enforcement, regulators and other parties for legal reasons: Third parties as required by law or subpoena or if we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of law enforcement; (b) to enforce our legal claims or to protect the security or integrity of our Services; and/or (c) to exercise or protect the rights, property, or personal safety of Boxfusion, our visitors, or others.

How long do we keep your information?

We will store personal information for as long as necessary to fulfil the purposes for which we collect the personal information, in accordance with our legal obligations and legitimate business interests.

We store your personal data during the time that you are a customer of Boxfusion for purposes of providing you the services, and for up to three years after you cease to be a customer.

If you have never been a customer or registered account holder, but have consented to receive a newsletter, we will continue to process your personal data for this purpose until you unsubscribe from this service or you have not viewed the newsletter for 12 consecutive months.

If you have never been a customer, but have consented to receiving other marketing inquiries or information from us, we may store your data for up to two years.

We reserve the right to store or delete your personal data earlier or later than set forth herein if required to do so by an applicable law or regulation, including the GDPR, especially where necessary to comply with statutory retention periods and for the exercise or defense of legal claims.

How do we protect your information?

We implement a variety of security measures to maintain the safety of your personal information when you place an order. We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential. After a transaction, your private information (credit cards, social security numbers, financials, etc.) may be kept on file solely for the purpose of processing your recurring subscription payments until such a subscription is cancelled.

How do we safeguard your personal information when there is an international transfer?

As we are located in South Africa, any information you provide, will be processed and stored in South Africa. If you are in the European Union or European Economic Area, this may mean that your personal information will be stored in a jurisdiction that offers a level of protection that may, in certain instances, be less protective of your personal information than the jurisdiction you are typically a resident in.

For this reason, we have entered into guarantees to ensure appropriate safeguards. If we transfer information from the European Union to third parties outside the European Union and to countries not subject to schemes which are considered as providing an adequate data protection standard, we will enter into contracts which are based on the EU Standard Contractual Clauses with these parties.

If you wish to inquire further about the safeguards we use, please contact us using the details set out at the end of this Privacy Policy. We will take reasonable steps to ensure that your personal information is treated securely and in accordance with applicable law and this Privacy Policy.

What kind of cookies do we use?

By using our websites, you are agreeing that we can use cookies in accordance with this policy. You can usually change the settings of your browser to modify the permissions you give to us and third parties for the storing of and gaining access to cookies on your device.

  • What are Cookies? Cookies are small text files stored in your browsing device (computer, tablet or mobile) by the websites you are visiting. They help the browser remember stateful information related to your profile during your browsing session or between sessions. Only the website that provided you with a cookie has the ability to read it.
  • What are Cookies used for? Cookies do lots of different jobs, like helping us understand how our websites are being used, letting you navigate between pages efficiently, remembering your preferences and generally improving your browsing experience.
  • What types of cookies are used by Boxfusion? The types of cookies used on our site can generally be put into one of the following categories: authentication; analytics; functionality; and social media. You can find out more about each of the cookie categories in the table below.
    • Authentication Cookies: These cookies work in conjunction with the login and authentication mechanisms of our websites. When you are authenticated, they are essential to make our websites work as intended and enable you to use the features specific to your account profile. Without these cookies, you would not be able to use these services whilst authenticated.
    • Analytics Cookies: These cookies collect information about how people are using our websites, for example which pages are visited most often, how people are moving from one link to another and if a particular user experiences error messages on certain pages. All information these cookies collect is grouped together with information from other people’s use of our websites. Overall, these cookies provide us with analytical information about how our websites are performing and how we can improve them. Although Analytics Cookies may be used by third parties for advertising purposes, they are not per se advertising cookies.
    • Functionality Cookies: These cookies allow us to remember choices you make and tailor our websites to provide enhanced features and content to you. For example, these cookies can be used to remember your IP address, language choice, geolocation and requested Services.
    • Social Media Cookies: Some of the pages on our websites may contain tools or applications that are linked to third party social media service providers such as Facebook, Twitter or Google+. Through these tools or applications, the social media service provider may set its own cookies on your device. We do not control these cookies and you should check the social media service provider’s website for further details about how they use cookies.
  • How long will cookies stay on your browsing device? The length of time a cookie will stay on your browsing device depends on whether it is a “persistent” or “session” cookie. Session cookies will only stay on your device until you stop browsing the website that has set the cookie. Persistent cookies stay on your browsing device after you have finished browsing a particular website, until they are deleted or until they expire.
  • Cookies by third parties: Some cookies belong to us and we place them on your device. Other cookies are placed on your browsing device by third parties when you visit our websites. Third parties setting cookies from our websites will be providing a service to us or a function of the website, but we do not always control how third-party cookies are used. Some third parties may use cookies to help gather information about your browsing activity so that they can deliver website advertising to you that is relevant to your interests. The advertising industries in the EU have developed a scheme to help you opt-out of receiving cookies used for these purposes. You can find out more about the EU scheme from www.youronlinechoices.eu. You should check the third party’s website for more information about how they use cookies. The Third-party cookies on our websites are provided by Google, Hotjar and Pardot.
    • Google Analytics: We use Google Analytics to recognize you and link the devices you use when you visit our websites or use our Service on your browser or mobile device. Google Analytics facilitates the assignment of data, sessions and interactions across several devices to a pseudonymous user ID and thus the analysis of activities across devices. We share a unique identifier, like a user ID or hashed email address, with Google to facilitate the service. The generated information is usually transferred to a Google server in the USA and stored there. As IP anonymization is activated on this website, Google will reduce your IP address within the Member States of the European Union or in other states party to the Agreement on the European Economic Area beforehand. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. The IP address transmitted by your browser in the context of Google Analytics is not merged with other Google data. Google will use the collected data on our behalf to evaluate the use of the websites, to compile reports on website activity and to provide the website operator with other services related to website and Internet use.
      For information on how Google Analytics collects and processes data, as well as how you can control information sent to Google, review Google’s site https://policies.google.com/?hl=en. You can learn about Google Analytics’ currently available opt-outs, including the Google Analytics Browser Ad-On herehttps://tools.google.com/dlpage/gaoptout/.
    • Hotjar: Hotjar is a technology service that helps us better understand our users’ experience (e.g. how much time they spend on which pages, which links they choose to click, what users do and don’t like, etc.) and this enables us to maintain and improve our service according to the use of our websites. Hotjar uses cookies and other technologies to collect data on our users’ behavior and their devices (in particular device’s IP address (captured and stored only in anonymized form), device screen size, device type (unique device identifiers), browser information, geographic location (country only), preferred language used to display our website). Hotjar stores this information in a pseudonymized user profile. Neither Hotjar nor we will ever use this information to identify individual users or to match it with further data on an individual user. For further details, please see Hotjar’s privacy policy: End user Hotjar’s privacy policy.
      You can opt-out to the creation of a user profile, Hotjar’s storing of data about your usage of our site and Hotjar’s use of tracking cookies on other websites by following this opt-out link.
  • How can you manage cookies? The cookies we use are designed to help you get the most from the Services but if you do not wish to receive cookies, most browsers allow you to change your cookie settings. Please note that if you choose to refuse cookies you may not be able to use the full functionality of the Services. These settings will typically be found in the “options” or “preferences” menu of your browser. In order to understand these settings, the following links may be helpful, otherwise you should use the “Help” option in your browser for more details.
    • Cookie settings in Internet Explorer
    • Cookie settings in Firefox
    • Cookie settings in Chrome
    • Cookie settings in Safari web and iOS

What rights and choices do you have?

We want you to understand your rights and choices regarding how we may use your personal information. Depending on how you use your information, these rights and choices may include the following:

  • Individual Rights: You have specific rights under applicable privacy law in respect to your personal information that we hold, including a right of access and erasure and a right to prevent certain processing activities.

    If you are a resident in the European Union, you have the following rights in respect to your personal information that we hold:
    • Right of access: The right to obtain access to your personal information.
    • Right to rectification: The right to obtain rectification of your personal information without undue delay where that personal information is inaccurate or incomplete.
    • Right to erasure: The right to obtain the erasure of your personal information without undue delay in certain circumstances, such as where the personal information is no longer necessary in relation to the purposes for which it was collected or processed.
    • Right to restriction: The right to obtain restriction of the processing undertaken by us on your personal information in certain circumstances, such as, where the accuracy of the personal information is contested by you, for a period of time enabling us to verify the accuracy of that personal information.
    • Right to portability: The right to portability allows you to move, copy or transfer personal information easily from one organization to another.
    • RIGHT TO OBJECT: YOU HAVE THE RIGHT TO OBJECT TO ANY PROCESSING BASED ON OUR LEGITIMATE INTERESTS WHERE THERE ARE GROUNDS RELATING TO YOUR PARTICULAR SITUATION. YOU CAN OBJECT TO MARKETING ACTIVITIES FOR WHATEVER REASON WHATSOEVER.

If you wish to exercise one of these rights, please contact us using the contact details below. For cookies or e-mail marketing, we provide the following easily usable option:

  • Cookies Settings and Preferences: You may disable cookies and other tracking technologies through the settings in your browser.
  • E-Mail Settings and Preferences: If you no longer want to receive marketing e-mails from us, you may choose to unsubscribe at any time by following the unsubscribe instructions provided in the particular newsletter.

In addition to the afore listed rights, as an EU resident, you also have the right to lodge a complaint with your local data protection authority. Further information about how to contact your local data protection authority is available at http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

Policy for Children

We do not knowingly solicit information from or market to children under the age of sixteen (16). If you are under age 16, please do not give us any personal data. We encourage parents and legal guardians to monitor their children’s Internet usage and to help us enforce our Privacy Policy by instructing them to never share personal data through our Websites without their permission. If you suspect or become aware of any data we have collected from children under age 16, please contact us immediately using the contact information provided below.

How to contact us

If you have any questions or concerns about our Privacy Policy or if you want to exercise your rights, please send an email to privacy@boxfusion.co.za or write to us at: Boxfusion (Pty) Ltd.,301 Centrewalk West, 266 Pretorius Street, Pretoria, 0002, South Africa.

Data Privacy Management Team

For all enquiries regarding Boxfusion’s activities you may also want to contact our Data Privacy Management Team who can be reached at: privacy@boxfusion.co.za.

Online Privacy Policy Updates

We may make changes to our privacy policy from time to time. Please review our policies regularly as updated policies will apply to your future use of our Services.