Privacy Policy
1.0 Introduction
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1.1 Estuary Solutions (Pty) Ltd with registration number 2011/106942/07 (herein "Estuary") is committed to data protection and the right to privacy.
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1.2 This privacy policy applies to personal information collected by Estuary in connection to our website, services, and products provided by us. When you engage with us either as a customer and/or supplier, we may collect and process certain personal information. This privacy policy, together with any other contractual agreements entered into between you and Estuary from time to time, set out the basis on which any personal information that we collect from you, or that you provide to us, will be processed by us.
2.0 Our contact details
2.1 Name:Estuary Solutions (Pty) Ltd
2.2 Address:Suite 106 Valerida Building, Piet Retief Street, Stellenbosch
2.3 Phone number:0218879114
2.4 Email:admin@estuarys.co.za
3.0 The type of personal information we process and how we get it
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3.1 We currently collect and process the following personal information:
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3.1.1 Personal information collected from users of our website:
| Type of personal information | Source | Is collection voluntary / mandatory? | Consequences of failure to provide the information |
|---|---|---|---|
| IP addresses of users who browse the website | Directly from data subject | Voluntary | The website may have reduced functionality if it is blocked from processing this information. |
| Name, email, contact number entered into “contact us” form on website | Directly from data subject | Voluntary | You will be able to browse the website but will not be able to contact us via the website without providing this information. |
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3.1.2 Personal information collected from or relating to customers and prospective customers of our Swordfish software and/or services:
| Type of personal information | Source | Is collection voluntary / mandatory? | Consequences of failure to provide the information |
|---|---|---|---|
| Customer name, identity number or registration number | Directly from data subject | Voluntary | We will not be able to provide access to the software or communicate with customers without this information. |
| Customer VAT number | Directly from data subject | Voluntary | Customer may have increased difficulty claiming VAT if we are not provided with this information. |
| Customer email address, physical address and telephone number | Directly from data subject | Voluntary | We will not be able to provide services without being able to communicate with customers. |
| Names and contact details of employees of customers | Directly from data subject when they interact with us, and/or indirectly from their employer when providing contact details for the customer | Voluntary | We will not be able to respond to communication from individual employees of customers without processing this information. |
| Names or pseudonyms of clients of the customer for whom the customer has subscribed for services | Indirectly by an agent of the data subject subscribing for services on their behalf. | Voluntary | Where a single customer has multiple clients, we will not be able to separate each client’s trading information without a means to distinguish between each client. The choice of whether to use names or pseudonyms is made by our customer, and clients of that customer who object to having their names used for this purpose should request their broker to use pseudonyms. |
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3.1.3 Personal information collected in the course of rendering JSE Live Price Feed services:
| Type of personal information | Source | Is collection voluntary / mandatory? | Consequences of failure to provide the information |
|---|---|---|---|
| Customer name, identity number or registration number | Directly from data subject | Mandatory in terms of JSE rules | We will not be able to provide services unless this information is provided. |
| Customer email address, physical address and telephone number | Directly from data subject | Voluntary | We will not be able to provide services unless this information is provided. |
| Banking details of customers | Directly from data subject | Voluntary | If this information is not provided, then customers will need to use a method other than direct debit to pay their accounts. |
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3.1.4 Personal information collected from or relating to our suppliers:
| Type of personal information | Source | Is collection voluntary / mandatory? | Consequences of failure to provide the information |
|---|---|---|---|
| Supplier name, registration number | Directly from data subject and/or indirectly from publicly available information | Voluntary | We will not be able to procure goods or services from a supplier without this information. |
| Supplier email address and telephone numbers | Directly from data subject and/or indirectly from publicly available information | Voluntary | We will not be able to contact a supplier without at least one of these items being provided. |
| Work email address and/or telephone numbers of employees of suppliers | Directly from data subject and/or indirectly from their employer | Voluntary | We will not be able to contact particular individuals within a supplier without this information. |
| Supplier VAT number | Directly from data subject | Mandatory if supplier charges VAT | Supplier will not be able to charge VAT without providing a VAT number. |
| Supplier banking details | Directly from data subject | Voluntary | We will not be able to pay our suppliers without this information. |
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3.1.5 Personal information collected in relation to prospective employees during the hiring process:
| Type of personal information | Source | Is collection voluntary / mandatory? | Consequences of failure to provide the information |
|---|---|---|---|
| Applicant name and identity number | Directly from data subject | Voluntary | We will not be able to process a job application unless this information is provided. |
| Applicant email address, physical address and telephone number | Directly from data subject | Voluntary | We will not be able to process a job application without at least one of these items being provided. |
| Employment history; views or opinions of our relevant staff members about the data subject | Directly from data subject | Voluntary | We will not be able to assess the suitability of the applicant for the role unless this information is supplied |
| Views or opinions of former employers and other references about the data subject | Directly from data subject | Voluntary | Our ability to assess the suitability of the applicant for the role will be hindered if no references are supplied. |
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3.2 In order to update, correct or delete your personal information, you may contact us using the contact details provided in paragraph 12. If you are a user of our Swordfish software or services, you may also update, correct or delete certain of your personal details via the online platform and/or applications for which you have subscribed.
4.0 How we use personal information:
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4.1 We use personal information of our customers:
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4.1.1 to identify our customers in order to provide them with services;
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4.1.2 to fulfil our contractual obligations;
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4.1.3 to provide our services and or products; and
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4.1.4 to process payments.
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4.2 We use personal information of our suppliers:
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4.2.1 for general procurement functions including making orders and arranging deliveries; and
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4.2.2 to pay them for products/services.
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4.3 We use personal information of prospective employees:
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4.3.1 to evaluate them for possible employment, which includes verification of the information they provide.
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4.4 More generally, we use personal information collected and processed as follows:
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4.4.1 to fulfil our contractual obligations;
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4.4.2 to communicate with customers, suppliers and their respective employees who interact with us;
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4.4.3 to comply with applicable rules of the Johannesburg Stock Exchange;
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4.4.4 to comply with any applicable laws.
5.0 Storage and security of your personal information
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5.1 We store your personal information on Estuary's servers hosted within South Africa. Some of our third party service providers are, however, located outside of South Africa, and accordingly your personal information may be transferred to one or more of the following countries in order for us to receive services from the relevant service provider:
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5.1.1 Xero (processes accounting-related personal information): United States, New-Zealand, Australia, United Kingdom. Xero’s privacy policy is available here: https://www.xero.com/za/about/legal/privacy/
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5.2 We have organisational and technical measures in place to protect your personal information. Our efforts in this regard will comply with the requirements of applicable law. You acknowledge and agree however that there are inherent risks to the security of data in the use of applications and services, such as vulnerabilities in the underlying technology. We accordingly do not guarantee that your data cannot ever be compromised and you accept this risk by using the website, our services and/or products.
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5.3 When you have chosen or been given a password which enables you to access certain parts of our services and/or products, you are responsible for keeping that password confidential. Please do not share your password with anyone.
6.0 Cookies
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6.1 Cookies are small text files transferred by a server to your device and may contain various types of information useful in persisting data, such as login status, preferences and settings. We use cookies on the website as described in our cookie policy.
7.0 Third party websites
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7.1 Our website may occasionally contain links to third-party websites. If you click on the links to third-party websites, you leave our website.
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7.2 We are not responsible for the content of third-party websites or for the security of your personal information when you use them.
8.0 Social networking services
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8.1 We use social networking services such as Facebook to communicate with the public about our business. When you communicate with us through these services, that social networking service may collect your personal information for its own purposes.
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8.2 These services have their own privacy policies which are independent of the privacy policy and practices of Estuary.
9.0 How we share your personal information
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9.1 We may share your personal information with third parties service providers engaged by Estuary. Where your personal information is shared with service providers, Estuary shall enter into written agreements to ensure your personal information is processed in accordance with POPIA and this privacy policy.
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9.2 We share your personal information with the following categories of recipients:
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9.2.1 Storage providers
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9.2.2 Service providers
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9.3 On rare occasions, we may be required to disclose your personal information because of legal or regulatory requirements. In such instances, we reserve the right to disclose your personal information as required in order to comply with our legal obligations, including complying with court orders, warrants, subpoenas, service-of-process requirements or discovery requests.
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9.4 We may also disclose information about our data subjects to law enforcement officers or others, in the good faith belief that such disclosure is reasonably necessary to enforce our Terms or this privacy policy or respond to legal claims that any content violates the rights of third parties, or to protect our intellectual property rights or our personal safety or the personal safety of our users or the general public.
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9.5 Changes of business ownership or control: We may share your personal information with third parties in connection with a sale of assets, restructuring or merger, in which case we will notify you and will, if required by applicable law, also notify and obtain approval from any relevant regulators.
10.0 Your data protection rights
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10.1 Your rights as a data subject in terms of POPIA include the following:
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10.1.1 Notification: You have the right to be notified that your personal information is being collected in terms of section 18 of POPIA. You have the right to be notified that your personal information has been accessed or acquired by an unauthorised person in terms of section 22 of POPIA.
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10.1.2 Access: You have the right to establish whether we hold personal information about you and to request access to your personal information as provided for in section 23 of POPIA.
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10.1.3 Correction or deletion: You have the right to request, where necessary, the correction, destruction or deletion of your personal information as provided for in section 24 of POPIA.
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10.1.4 Objection: You have the right to object, on reasonable grounds relating to your particular situation, to the processing of your personal information as provided for in terms of section 11(3)(a) of POPIA. You have the right to object to the processing of your personal information at any time for purposes of direct marketing in terms of section 11(3)(b) of POPIA, or in terms of section 69(3)(c) of POPIA.
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10.1.5 Direct marketing: You have the right not to have your personal information processed for purposes of direct marketing by means of unsolicited electronic communications except as referred to in section 69(1) of POPIA.
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10.1.6 Automated processing: You have the right not to be subject to a decision which results in legal consequences for you, or which affects you to a substantial degree, which is based solely on the basis of the automated processing of your personal information intended to provide a profile of you as provided for in terms of section 71 of POPIA.
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10.1.7 Complaints: You have the right to lodge a complaint to the Information Regulator in terms of section 74 of POPIA as detailed in paragraph 12.
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10.1.8 Civil proceedings: You have the right to institute civil proceedings regarding the alleged interference with the protection of your personal information as provided for in section 99 of POPIA.
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10.1.9 You are not required to pay any charge for exercising your rights. If you make a request, we have one month to respond to you. Please contact us at info@estuarys.co.za if you wish to make a request.
11.0 Notification of changes
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11.1 We reserve the right to change this privacy policy from time to time and in our sole discretion.
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11.2 We will notify you of material changes to this privacy policy by the email address we have on record for you or by using any other reasonable methods.
12.0 How to contact us
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12.1 If you have questions about this privacy policy, please contact us at admin@estuarys.co.za.
13.0 How to complain
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13.1 If you have any concerns about our use of your personal information, you can make a complaint to us by emailing admin@estuarys.co.za. You can also submit a complaint to the Information Regulator by emailing complaints.IR@justice.gov.za.
Terms of Use
1.0 By using the Swordfishonline.com website, you are agreeing, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to any individual Estuary Solutions Network web site, Product or Service. All such guidelines and rules are hereby incorporated by reference into the Terms and Conditions.
2.0 Estuary Solutions will not be liable for any direct, indirect, consequential, special or other damages resulting from your use of this website or any links contained in this website.
3.0 You expressly indemnify Estuary Solutions, its subsidiary (s) and/or affiliated companies, the directors, the employees and agents of Estuary Solutions and/or its affiliated and/or subsidiary companies from any actions, damages, liabilities and costs, including all legal costs, arising from any breach of these terms and conditions or from trade mark or copyright infringement or any violation of personal property or privacy rights.
4.0 We may update the Terms and Conditions from time to time without notice to you. You can review the most current version of the Terms and Conditions at any time. It is your responsibility to check these Terms and Conditions regularly to ensure that you agree with them. If you do not agree with any of these Terms and Conditions, you may not continue to use this website.
5.0 Should you breach any of these Terms and Conditions, you will be solely responsible for any damages, liabilities or claims arising as a result of your actions.
6.0 Estuary Solutions is not responsible for the consequences of your actions on this website, particularly when you make your personal information available.
7.0 You may not distribute materials protected by copyright or trademark law without the express permission of the owner of the copyright and/or trademark. This means that you may not share files such as mpeg's, gif's, tif's, jpeg's or mp3's etc.
8.0 Where you are required to make your personal information available, this information will be used for the specified intended purpose only and will be kept confidential.
9.0 While using this website you may not:
- 9.1 harm other users, especially children, in any way;
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9.2 make available or distribute any information or make any statement, that is defamatory, hateful, abusive, vulgar, pornographic, racist, threatening, harassing or in any way legally or morally objectionable;
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9.3 transmit any pirated or illegal software or software containing viruses, worms, trapdoors, Trojan horses or any other code or program which may cause damage to Estuary Solutions or any of its subsidiary and/or affiliated companies or agents, to this website, or to any other users of this website;
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9.4 transmit or make available any information, file or program which constitutes an advertisement, unsolicited messaging ("spam") or any kind of promotional material;
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9.5 frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Estuary Solutions and any of its subsidiaries without express written consent.
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9.6 use any metatags or any other "hidden text" utilizing Estuary Solutions' name or trademarks without the express written consent of Estuary Solutions.
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9.6 use any metatags or any other "hidden text" utilizing Estuary Solutions' name or trademarks without the express written consent of Estuary Solutions.
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9.7 reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit for any commercial purpose any part of this site without express written consent of Estuary Solutions.
10.0 The Swordfishonline.com website contains links to other Internet sites. No inference can be made or representation implied that Estuary Solutions is connected with, operates or controls these linked web sites. Whether or not these linked sites are in fact affiliated with Estuary Solutions, Estuary Solutions is not responsible for the content on the aforesaid sites. The linked sites are for the users convenience only and the user access thereto is at the users own risk. When visiting linked sites the user must refer to that linked site's individual terms of use.
11.0 If you do not comply with these Terms and Conditions you may not access or use this website.
12.0 Please review our other notices, such as our disclaimer and Intellectual Property Notices, posted on this site. These notices also govern your visit to Swordfishonline.com. We reserve the right to make changes to our site, policies, and these Terms and Conditions. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining Terms and Conditions.
13.0 By visiting Swordfishonline.com, you agree that the laws of the Republic of South Africa, without regard to principles of conflict of laws, will govern these terms and conditions and any dispute of any sort that might arise between you and Estuary Solutions or its affiliates.
14.0 The 'Disclaimer', 'Copyright and Trademark Notices' are incorporated in these Terms and Conditions by reference.