1Important Information and Who We Are
1.1Purpose of this Privacy Policy
1.1.1This Privacy Policy aims to give you information on how we collect and process your personal information through any form of your engagement with us.
1.1.2This Privacy Policy complies with, and facilitates the obligations required from, the Protection of Personal Information Act, No. 4 of 2013 (“POPI”), as amended.
1.1.3It is important that you read this Privacy Policy together with any other privacy policy or processing notice we may provide on specific occasions when we are collecting or processing personal information, so that you are fully aware of how and why we are using your personal information. This Privacy Policy supplements the other notices and is not intended to override them.
1.1.4We do not process minor data or special categories of personal information. Do not provide us with any such personal information, as this will constitute an immediate and automatic material breach of this Privacy Policy and our Terms.
1.2Responsible Party and Operator
1.2.1Sheetrails is the “Responsible Party” and is responsible for your personal information in instances where we decide the processing operations of your personal information. Sometimes we also operate as a “Operator” of personal information on behalf of a Responsible Party, but in that instance that Responsible Party’s privacy policy will apply.
1.2.2We have appointed an information officer at Sheetrails who is responsible for overseeing questions in relation to this Privacy Policy. If you have any questions about this Privacy Policy, including any requests to exercise your legal rights, please contact our information officer using the details set out below.
1.3Service Description
1.3.1SheetRails is an add-on application (“Application”) for use with Microsoft Excel.
1.3.2The Application can be used by Microsoft users (“Users”) who work with Excel spreadsheets, to control collaboration with others contributing to and consuming data in their spreadsheets, and to document and explain the purpose and intention of, and instructions for use of the spreadsheets.
1.4Our Contact Details
1.4.1Our full details are: ▪ Legal entity: Sheetrails (Pty) Ltd ▪ Information Officer: Daniel Hampton ▪ Email address: info@sheetrails.com ▪ Postal address: 57 Forest Drive Service Road, Pinelands Cape Town, 7405 ▪ Telephone number: [0799336834]
1.4.2You have the right to make a complaint at any time to the South African regulator’s office (Information Regulator’s Office of South Africa). We would, however, appreciate the chance to deal with your concerns before you approach any such regulator, so please contact us in the first instance.
1.5Changes to this Privacy Policy
1.5.1This Privacy Policy was last updated on [11 October 2023] and historic versions are archived and can be obtained by contacting us.
1.5.2It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your relationship with us.
1.5.3This Privacy Policy is subject to change without notice and is updated or amended from time to time and will be effective once we upload the amended version to the Platform. Your continued access or use of the Platform constitutes your acceptance of this Privacy Policy, as amended. It is your responsibility to read this document periodically to ensure you are aware of any changes.
1.6Third-Party Links on Platform To provide you with our services, we use third-party platforms, plug-ins, and applications. By using our Platform and enabling those connections you allow third parties to collect or share information about you. We do not control these third-party Platforms and are not responsible for their privacy statements or terms. When you engage with such third parties, you will be subject to the privacy policy of these third parties.
2What We Collect About You
2.1Personal information, or personally identifiable information, means any information about an individual, both natural and juristic entities (i.e., people and companies), from which that entity can be identified. It does not include information where the identity has been removed (anonymous data).
2.2We may collect, use, store, and transfer (“process”) different kinds of personal information about you which we have grouped together as follows:
2.2.1Identity Data including full name, or the information about your company such as company name, address and/or company registration details. We collect Identity Data so you can personalize your profile, and we can send you invoices, updates, or other essential information;
2.2.2Contact Data including email address, physical/registered addresses, and cell phone number. We collect contact information in order to send you invoices and other necessary communications;
2.2.3Profile Data including username and password, subscription information, all uploaded data, feedback, and reviews;
2.2.4Financial Data including bank account details, billing and payment card details. Your payment card details are passed directly to our payment processor and doesn’t ever go through our servers. We store a record of the payment transaction, including the last 4 (four) digits of the payment card number and as-of billing address, for account history, invoicing, and billing support. We store your billing address to calculate any sales tax due, to detect fraudulent credit card transactions, and to print on your invoices;
2.2.5Social Media Data including all information accessible on your public social media profile such as images, display photos, photo tags, likes, followers, comments, posts, statuses and stories;
2.2.6Transaction Data including details about payments to and from you, contracts, contractual terms, contract fees, signups, subscriptions, invoices and other details of products and services you have obtained from us, or provide to us;
2.2.7Technical Data including internet protocol address/es, browser type and version, time zone setting and location, cookies, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access the Platform;
2.2.8Usage Data including telemetry data about how you use our company, Platform, and Services; and
2.2.9Marketing and Communications Data including your preferences in receiving notices and marketing from us and our third parties and your communication preferences.
2.3We also collect, use, and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal information but is not considered personal information in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific Platform feature. However, if we combine or connect Aggregated Data with your personal information so that it can directly or indirectly identify you, we treat the combined data as personal information which will be used in accordance with this Privacy Policy.
2.4Where we need to collect personal information by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with services or allow you to provide us with your services). In this case, we may have to cancel access to the Platform, but we will notify you if this is the case at the time.
3How Is Your Personal Information Collected?
3.1We use different methods to collect personal information from and about you, including through:
3.1.1Direct interactions: You may give us your Identity, Contact, Profile, Financial, Social Media, Transaction, Technical, Marketing and Communications and Usage Data by corresponding with us. This includes personal information you provide when you:
3.1.1.1use our Platform;
3.1.1.2subscribe to our Platform;
3.1.1.3contract with us;
3.1.1.4interact with us via social media;
3.1.1.5provide any services to us as a service provider or independent contractor on contract with us;
3.1.1.6request information to be sent to you; or
3.1.1.7give us some feedback.
3.1.2Automated technologies or interactions: As you interact with our Platform, we may automatically collect Technical Data, Usage Data and Aggregated Data about your equipment, browsing actions and patterns. We may collect this personal information by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other Platforms employing our cookies.
3.1.3Third parties: We may receive personal information about you from various third parties such as:
3.1.3.1analytics providers;
3.1.3.2social media networks;
3.1.3.3survey data providers;
3.1.3.4marketing platforms;
3.1.3.5search information providers; and
3.1.3.6payment service providers.
4How We Use Your Personal Information
4.1We will only use your personal information when the law allows us to and for legitimate reasons, which you hereby expressly understand and consent to. Most commonly, we will use your personal information in the following circumstances:
4.1.1where we have your express consent to do so;
4.1.2where we need to consult with you or perform on the Services contract we are about to enter into or have entered into with you;
4.1.3where it is necessary for our legitimate business interests (or those of a third party) and your interests and fundamental rights do not override those interests; and/or
4.1.4where we need to comply with a legal or regulatory obligation.
5Purposes We Will Use Your Personal Information For
5.1We have set out below, a description of -
5.1.1the purpose for which we will process your personal information,
5.1.2which legal bases we rely on to do so; and
5.1.3our legitimate business interest.
| Purpose / activity | Type of data | Lawful basis & business interest |
|---|---|---|
| To engage with you after you have contacted us | Identity; Contact; Social Media; Technical; Usage; Marketing & Communications | Express consent; performance of a contract; legitimate interests (keep records updated, study how users use our services, develop services, grow) |
| To allow you to use our Platform | Identity; Contact; Profile; Financial; Social Media; Transaction; Marketing & Communications; Usage | Performance of a contract; express consent; comply with a legal obligation; legitimate interests (provide contracted services, keep records updated) |
| To contract with you as a service provider to us | Identity; Contact; Financial; Transaction | Performance of a contract; express consent; comply with a legal obligation; legitimate interests (receive your services, keep records updated) |
| To provide it to authorised third-party service providers (e.g. payment gateways) | Identity; Contact; Profile; Social Media; Financial; Transaction; Usage | Performance of a contract; legitimate interests (provide third-party services, develop & grow); express consent |
| To process & service your payment; manage payments, fees and charges | Identity; Contact; Financial; Profile; Transaction | Performance of a contract; legitimate interests (make or receive payments); express consent |
| To manage our relationship with you (e.g. notify you of changes to Terms, Privacy Policy or Platform) | Identity; Contact; Profile; Social Media; Marketing & Communications | Performance of a contract; comply with a legal obligation; legitimate interests (keep records updated); express consent |
| To help you troubleshoot or fix a software bug | Identity; Contact; Profile; Technical; Usage | Performance of a contract; comply with a legal obligation; express consent |
| To administer & protect our company and Platform (troubleshooting, testing, maintenance, support, hosting) | Identity; Contact; Technical; Usage | Legitimate interests (run our organisation, IT & network security, prevent fraud); comply with a legal obligation; express consent |
| To use data analytics to improve our Platform and client experiences | Technical; Usage; Identity; Marketing & Communications | Legitimate interests (define user types, keep Platform updated, inform marketing); express consent |
| To provide you with direct marketing & suggest services of interest | Identity; Contact; Technical; Usage; Profile; Marketing & Communications | Legitimate interests (develop our services and grow); express consent |
5.3Marketing
5.3.1We strive to provide you with choices regarding certain personal information uses, particularly around marketing and advertising. To manifest your rights attached to any marketing sent to you, please use the in-built prompts provided on those communications, or contact us.
5.3.2You will receive marketing communications from us if you have engaged with our Services or if you provided us with your details and you have not opted-out of receiving that marketing.
5.3.3Whilst we may use your personal information within our company, we will get your express opt-in consent before we share your personal information publicly with any entity outside of SheetRails for the purpose of marketing.
5.4Opting-Out
5.4.1You can ask us to stop sending you marketing messages at any time by contacting us at any time and requesting us to cease or change your marketing preferences.
5.4.2Where you opt-out of receiving these marketing messages, this opt-out will not apply to other personal information of yours which we process for another lawful basis.
5.5Change of Purpose
5.5.1We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
5.5.2If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
5.5.3Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
6Disclosures of Your Personal Information
6.1We may have to share your personal information with the parties set out below for the purposes set out in the table above. These parties include:
6.1.1Internal Third Parties as set out in the Glossary;
6.1.2External Third Parties as set out in the Glossary; or
6.1.3Third parties to whom we may choose to sell, transfer, or merge parts of our company or our assets. Alternatively, we may seek to acquire other organisations or merge with them. If a change happens to our company, we may continue to use your personal information in the same way as set out in this Privacy Policy.
6.2We require all third parties to respect the security of your personal information and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal information for their own purposes and only permit them to process your personal information in accordance with our instructions and standards.
7Cookies
7.1The Platform may make use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a Platform can use (and which we may use) to recognise repeat users, facilitate the user’s on- going access to and use of a Platform and allow a Platform to track usage behaviour and compile aggregate data that will allow the Platform operator to improve the functionality of the Platform and its content, and to display more focused advertising to a user by way of third party tools.
7.2The type of information collected by cookies is not used to personally identify you. If you do not want information collected using cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Please note that cookies may be necessary to provide you with certain features available on our Platform and thus if you disable the cookies on your browser, you may not be able to use those features, and your access to our Platform will therefore be limited. If you do not disable “cookies”, you are deemed to consent to our use of any personal information collected using those cookies, subject to the provisions of this Privacy Policy and our other policies or terms.
8International Transfers
8.1We may share and process your personal information outside of South Africa for the purpose of cloud storage or to engage with third party software.
8.2Whenever we may transfer your personal information out of south Africa, we will ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
8.2.1We will only transfer your personal information to countries that have appropriate data protection legislation in place similar to that of south Africa; and/or
8.2.2Where we use service providers, we may use specific contracts/clauses which ensure personal information is processed and secured lawfully.
9Data Security
9.1We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used, or accessed in an unauthorised way, altered, or disclosed by using industry-specific data security measures. We protect and manage information that we hold about you by using electronic and computer safeguards such as meet industry standards. We only authorise access to information to people who require access to fulfil their designated responsibilities. We also limit access to your personal information to those employees, agents, contractors and other third parties who have a legitimate need to know. They will only process your personal information on our instruction and are subject to a duty of confidentiality.
9.2We have put in place procedures to deal with any suspected personal information breach and will notify you and the South African Information Regulator of a breach where we are legally required to do so.
10Data Retention
10.1We will only retain your personal information for as long as necessary to fulfil the purpose we collected it for including any legal, accounting, or reporting requirements.
10.2To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorised use or disclosure of your personal information, the purpose for which we process your personal information, any other South African applicable law requiring us to retain the personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.
10.3We may also anonymise your personal information (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
11Your Legal Rights
11.1You have rights under POPI in relation to your personal information where we are the “Responsible Party” over such personal information. Please contact us to find out more about, or manifest, these rights:
11.1.1request access to your personal information;
11.1.2request correction of your personal information;
11.1.3request erasure of your personal information;
11.1.4object to the processing of your personal information;
11.1.5request a restriction of processing your personal information;
11.1.6request transfer of your personal information; and/or
11.1.7right to withdraw consent.
11.2You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
11.3We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal information (or to exercise any of your other rights). This is a security measure to ensure that personal information is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
11.4We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
11.5Users with citizenships from jurisdictions other than of South Africa, please note that we comply with South African data protection laws as we are a South African entity operating in South Africa. Should foreign law be applicable to you in any way, including how we process your personal information, please contact us at info@sheetrails.com to engage you on its application and your rights.
12Glossary
12.1Lawful Basis
12.1.1Legitimate Interest means the interest of our organisation in conducting and managing our organisation to enable us to give you the best service and the most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal information for our legitimate interests. We do not use your personal information for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
12.1.2Performance of Contract means processing your personal information where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
12.1.3Comply with a legal or regulatory obligation means processing your personal information where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
12.1.4Express consent means the confirmed express consent you have provided to us for processing your personal information by actively accepting this Privacy Policy.
12.2Third Parties
12.2.1Internal Third Parties means other entities or parties at Sheetrails acting as joint responsible parties or operators of the Platform.
12.2.2External Third Parties means:
12.2.2.1authorised service providers under contract with Sheetrails who need your personal information in order to contact and transact with you pursuant to your use of the Platform;
12.2.2.2authorised and reputable payment gateway providers that Sheetrails is contracted;
12.2.2.3service providers acting as operators who provide administrative and system maintenance services;
12.2.2.4South African or other national governments and/or their respective authorities pursuant to our adherence with anti-corruption and crime- fighting legislation; and/or
12.2.2.5professional advisers acting as operators or joint responsible parties including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services as required from time to time.
12.3Your Legal Rights You have the right to:
12.3.1Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
12.3.2Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
12.3.3Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no valid reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal information to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be communicated to you, if applicable, at the time of your request.
12.3.4Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal information for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
12.3.5Request restriction of processing of your personal information. This enables you to ask us to suspend the processing of your personal information in the following scenarios:
12.3.5.1if you want us to establish the data’s accuracy;
12.3.5.2where our use of the data is unlawful but you do not want us to erase it;
12.3.5.3where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or
12.3.5.4you have objected to our use of your data, but we need to verify whether we have overriding legitimate grounds to use it.
12.3.6Request the transfer of your personal information to you or to a third party. We will provide to you, or a third party you have chosen, your personal information in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform on a contract with you.
12.3.7Withdraw consent at any time where we are relying on consent to process your personal information. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain Platform access or Services to you. We will advise you if this is the case at the time you withdraw your consent. Please take note that regardless of your right to withdraw consent under POPI, other South African legislation applies and may require that we continue to process your data to comply with anti-corruption, crime-fighting and/or other national legislation, which you expressly understand and agree to.