FOCAL COMMUNICATIONS CC T/A DRYSTEAM PRIVACY NOTICE

1. OVERVIEW of Focal Communications cc T/A Drysteam

FOCAL COMMUNICATIONS CC T/A DRYSTEAM is a private company in the Republic of South Africa. FOCAL COMMUNICATIONS CC T/A DRYSTEAM is the Southern Africa distributor for the Blue Evolution range of Dry Steam Cleaning machines, accessories and spare parts.  FOCAL COMMUNICATIONS CC T/A DRYSTEAM’s legal entity structure can be found on its website at: www.drysteam.co.za

2.     DEFINITIONS

In this document, references to FOCAL COMMUNICATIONS CC T/A DRYSTEAM are to FOCAL COMMUNICATIONS CC T/A DRYSTEAM, its subsidiary companies, Strategic Alliance Partners (SAP’s), divisions, segments and business units. Confirmation as to whether this privacy notice applies to a specific company associated with FOCAL COMMUNICATIONS CC T/A DRYSTEAM Limited can be sought through the contact details provided in this privacy notice.

In this notice “process” means how FOCAL COMMUNICATIONS CC T/A DRYSTEAM collects, uses, stores, makes available, destroys, updates, discloses, or otherwise deals with customers’ personal information. As a general rule, FOCAL COMMUNICATIONS CC T/A DRYSTEAM will only process customers’ personal information if it is required to deliver or offer a solution to a customer. FOCAL COMMUNICATIONS CC T/A DRYSTEAM respects customers’ privacy and will treat their personal information confidentially. FOCAL COMMUNICATIONS CC T/A DRYSTEAM may combine customers’ personal information and use the combined personal information for any of the purposes stated in this notice.

3.     PURPOSE OF THIS NOTICE

Protecting customers’ personal information is important to FOCAL COMMUNICATIONS CC T/A DRYSTEAM. To do so, FOCAL COMMUNICATIONS CC T/A DRYSTEAM adheres to general principles in accordance with applicable privacy laws.

This privacy notice aims, among other things, to enable its customers to understand how FOCAL COMMUNICATIONS CC T/A DRYSTEAM undertakes to collect, use and store their personal information. This notice also outlines customers’ privacy rights and how the law protects customers.

FOCAL COMMUNICATIONS CC T/A DRYSTEAM collects personal information about its customers. This includes information customers share with us, information that FOCAL COMMUNICATIONS CC T/A DRYSTEAM gathers during the course of the relationship with the customer, as well as information about your marketing preferences.

In terms of applicable privacy laws, this notice may also apply on behalf of other third parties (such as authorised agents and contractors), acting on FOCAL COMMUNICATIONS CC T/A DRYSTEAM’s behalf when providing customers with solutions.

FOCAL COMMUNICATIONS CC T/A DRYSTEAM may change this notice from time to time if required by law or its business practices. Where the change is material, FOCAL COMMUNICATIONS CC T/A DRYSTEAM will notify customers and will allow a reasonable period for customers to raise any objections before the change is made. Please note that the FOCAL COMMUNICATIONS CC T/A DRYSTEAM may not be able to continue a relationship with a customer or provide customers with certain solutions if they do not agree to the changes.

The latest version of the notice displayed on FOCAL COMMUNICATIONS CC T/A DRYSTEAM’s website will apply to customers’ interactions with the FOCAL COMMUNICATIONS CC T/A DRYSTEAM and is available at: www.drysteam.co.za .

4.     RESPONSIBLE PARTY AND OPERATOR

FOCAL COMMUNICATIONS CC T/A DRYSTEAM is the responsible party and it is responsible for determining why and how it will use customers’ personal information.

5.     WHAT IS PERSONAL INFORMATION?

Personal information refers to any information that identifies a customer (including juristic entity) or specifically relates to a customer. Personal information includes, but is not limited to, the following information about a customer: contact information; national origin; age; language; date of birth; education; financial information; money management behaviour and needs based on transactions ; gender or sex (for statistical purposes as required by the law); identifying number (e.g. identity number); e-mail address; physical address (e.g. residential address, work address or physical location); telephone number; information about your location (e.g. geolocation or GPS location); online identifiers; social media profiles; race (for statistical purposes as required by the law); personal views, preferences and opinions; confidential correspondence; or another’s views or opinions about a customer and a customer’s name also constitute personal information.

6.     PROCESSING CUSTOMERS’ PERSONAL INFORMATION

FOCAL COMMUNICATIONS CC T/A DRYSTEAM may process customers’ personal information for the reasons outlined below.

6.1 If it is necessary to conclude a transaction or perform its obligations in accordance with such transaction. This includes: to provide a customer with solutions they have requested; to enable FOCAL COMMUNICATIONS CC T/A DRYSTEAM to deliver goods, or notices to customers; to communicate with customers and carry out customer instructions and requests; to respond to customer enquiries and complaints; to enforce and collect on any agreement when a customer is in default or breach of the terms and conditions of any agreement; to disclose and obtain personal information from credit bureaus regarding a customer’s credit history; to meet record-keeping obligations; to conduct market and behavioural research; to enable customers to participate in and make use of value-added solutions; for customer satisfaction surveys, promotional and other competitions; for security and identity verification, and to check the accuracy of customer personal information; or for any other related purposes.

6.2 FOCAL COMMUNICATIONS CC T/A DRYSTEAM may process customers’ personal information if the law requires or permits it. This includes: to comply with legislative, regulatory, and compliance requirements (including directives, sanctions and rules); to comply with voluntary and involuntary codes of conduct and industry agreements; to fulfill reporting requirements and information requests; to process payment instruments and payment instructions; to meet record-keeping obligations; to detect, prevent and report theft, fraud, money laundering, corruption and other crimes. This may include the processing of special personal information, such as alleged criminal behaviour or the supply of false, misleading or dishonest information when concluding a transaction with the FOCAL COMMUNICATIONS CC T/A DRYSTEAM, or avoiding liability by way of deception, to the extent allowable under applicable privacy laws.

6.3 Legitimate interest - FOCAL COMMUNICATIONS CC T/A DRYSTEAM may process customers’ personal information in the daily management of its business and finances and to protect its customers, employees, service providers and assets. It is to FOCAL COMMUNICATIONS CC T/A DRYSTEAM’s benefit to ensure that its procedures, policies and systems operate efficiently and effectively. FOCAL COMMUNICATIONS CC T/A DRYSTEAM may process customers’ personal information to provide them with the most appropriate solutions and to develop and improve solutions and FOCAL COMMUNICATIONS CC T/A DRYSTEAM’s business. FOCAL COMMUNICATIONS CC T/A DRYSTEAM may process a customer’s personal information if it is required to protect or pursue their, FOCAL COMMUNICATIONS CC T/A DRYSTEAM’s or a third party’s legitimate interest.

If a customer is a juristic person, such as a company or close corporation, FOCAL COMMUNICATIONS CC T/A DRYSTEAM may collect and use personal information relating to the juristic person’s directors, officers, employees, beneficial owners, partners, shareholders, members, authorised signatories, representatives, agents, payers, payees, customers, guarantors.

If customers provide the personal information of a related person to FOCAL COMMUNICATIONS CC T/A DRYSTEAM, they warrant that the related person is aware that they are sharing their personal information with FOCAL COMMUNICATIONS CC T/A DRYSTEAM, and that the related person has consented thereto.

FOCAL COMMUNICATIONS CC T/A DRYSTEAM will process the personal information of related persons as stated in this notice, thus references to “customer/s” in this notice will include related persons with the necessary amendments

7.     WHEN, AND FROM WHERE, DOES FOCAL COMMUNICATIONS CC T/A DRYSTEAM OBTAIN PERSONAL INFORMATION ABOUT CUSTOMERS?

We collect information about customers: directly from customers; based on customers’ use of FOCAL COMMUNICATIONS CC T/A DRYSTEAM solutions or service channels (such as the FOCAL COMMUNICATIONS CC T/A DRYSTEAM website, applications, including both assisted and unassisted customer interactions) as applicable; based on how customers engage or interact with FOCAL COMMUNICATIONS CC T/A DRYSTEAM, such as on social media, and through emails, letters, telephone calls and surveys; based on a customer’s relationship with FOCAL COMMUNICATIONS CC T/A DRYSTEAM; from public sources (such as company registers, online search engines, public posts on social media); from technology, such as a customer’s access and use including both assisted and unassisted interactions (e.g. on the FOCAL COMMUNICATIONS CC T/A DRYSTEAM’s website and/or mobile applications) in order to access and engage with the FOCAL COMMUNICATIONS CC T/A DRYSTEAM’s platforms; customers’ engagement with FOCAL COMMUNICATIONS CC T/A DRYSTEAM advertising, marketing and public messaging; and from third parties that FOCAL COMMUNICATIONS CC T/A DRYSTEAM interacts with for the purposes of conducting its business (such as partners, reward partners, list providers).

In amplification to the above, if a member of the public interacts with the DRYSTEAM website and enters their details into the appropriate website forms which request personal information from said member of the public, they directly grant FOCAL COMMUNICATIONS CC T/A DRYSTEAM permission to possess such personal information and to process it accordingly by inter alia allowing FOCAL COMMUNICATIONS CC T/A DRYSTEAM to deliver and/electronically transmit marketing material to them in any manner.

FOCAL COMMUNICATIONS CC T/A DRYSTEAM collects and processes customers’ personal information at the start of, and for the duration of their relationship with the FOCAL COMMUNICATIONS CC T/A DRYSTEAM. FOCAL COMMUNICATIONS CC T/A DRYSTEAM may also process customers’ personal information when their relationship with the FOCAL COMMUNICATIONS CC T/A DRYSTEAM has ended, as required by law.

FOCAL COMMUNICATIONS CC T/A DRYSTEAM may also collect customers’ personal information from third parties (which may include parties with whom FOCAL COMMUNICATIONS CC T/A DRYSTEAM engages with as independent responsible parties, joint responsible parties or operators), these third parties may include, but are not limited to, the following: people the customer has authorised to share their personal information; payment processing services providers, merchants, FOCAL COMMUNICATIONS CC T/A DRYSTEAMs and other persons that assist with the processing of customers’ payment instructions, such as bank card scheme providers (including VISA or MasterCard); law enforcement and fraud prevention agencies; regulatory authorities; the FOCAL COMMUNICATIONS CC T/A DRYSTEAM’s service providers, agents and subcontractors, such as couriers and other persons the FOCAL COMMUNICATIONS CC T/A DRYSTEAM uses to offer and provide solutions to customers; participating partners, whether retail or online; FOCAL COMMUNICATIONS CC T/A DRYSTEAM’s joint venture partners; marketing list providers; social media platforms; or online search engine providers.

8.     REASONS WHY FOCAL COMMUNICATIONS CC T/A DRYSTEAM MAY FURTHER USE OR PROCESS CUSTOMERS’ PERSONAL INFORMATION

At the time that FOCAL COMMUNICATIONS CC T/A DRYSTEAM collects personal information from  a customer, it will have a reason or purpose to collect that personal information. In certain circumstances, however, FOCAL COMMUNICATIONS CC T/A DRYSTEAM may use that same personal information for other purposes. FOCAL COMMUNICATIONS CC T/A DRYSTEAM will only do this where the law allows it to, and the other purposes are compatible with the original purpose/s applicable when FOCAL COMMUNICATIONS CC T/A DRYSTEAM collected the customer’s personal information. FOCAL COMMUNICATIONS CC T/A DRYSTEAM may also need to request a customer’s specific consent for the further processing in limited circumstances.

FOCAL COMMUNICATIONS CC T/A DRYSTEAM may also further use or process a customer’s personal information if: the personal information about the customer was obtained from a public record; the customer made the personal information public, like on social media; the personal information is used for historical, statistical or research purposes, the results of which will not identify the customer; it is in the interest of national security; if FOCAL COMMUNICATIONS CC T/A DRYSTEAM must adhere to the law, specifically tax legislation; or the Information Regulator has exempted the processing. FOCAL COMMUNICATIONS CC T/A DRYSTEAM may also further use or process a customer’s personal information if the customer has consented to it or in the instance of a child; a competent person has consented to it. Any enquiries about the further processing of customer personal information can be made through the FOCAL COMMUNICATIONS CC T/A DRYSTEAM’s Information Officer, contact details as set out in this document below.

9.     THE USE OF CUSTOMERS’ PERSONAL INFORMATION FOR MARKETING

FOCAL COMMUNICATIONS CC T/A DRYSTEAM will use customers’ personal information to market products, services and other related FOCAL COMMUNICATIONS CC T/A DRYSTEAM services and solutions to them. FOCAL COMMUNICATIONS CC T/A DRYSTEAM will do this in person, by post, telephone, or electronic channels such as SMS, Automated Voice Messages and email. If a person is not a FOCAL COMMUNICATIONS CC T/A DRYSTEAM customer, or in any other instances where the law requires, FOCAL COMMUNICATIONS CC T/A DRYSTEAM will only market to them by electronic communications with their consent. In all cases, a person can request FOCAL COMMUNICATIONS CC T/A DRYSTEAM to stop sending marketing communications to them at any time.

10.   WHEN WILL FOCAL COMMUNICATIONS CC T/A DRYSTEAM PROCESS CUSTOMERS’ PERSONAL INFORMATION IN A MANUAL, AND/OR MECHANICAL AND/OR ELECTRONIC AND/OR AUTOMATED MANNER IN ORDER TO MAKE DECISIONS ABOUT THEM?

FOCAL COMMUNICATIONS CC T/A DRYSTEAM may process a customer’s personal information in a manual, mechanical, electronic and/or automated manner in order to make decisions pertaining to them; as allowed by the law. This will apply in circumstances where FOCAL COMMUNICATIONS CC T/A DRYSTEAM has lawful access to a customer’s personal information due to previous interactions or previous behaviour from said customer or from any circumstances and/or scenarios as set out above. Such interactions, behaviour and/or scenarios will have the result that the customer has expressly or by tacit implication allowed FOCAL COMMUNICATIONS CC T/A DRYSTEAM to analyze and process the customer’s personal information and to make contact with said customer when certain circumstances arise, such as: new to market scenarios or any circumstances that are directly related to the customer’s previous concluded transactions. An example of such analysis and processing is the offering of any product or service to the customer or the offering to a customer of a comparative FOCAL COMMUNICATIONS CC T/A DRYSTEAM related product or service, or the offering of any product or service to said customer based on processing of said customer’s personal information. Customers have the right to query any such processing decisions, and FOCAL COMMUNICATIONS CC T/A DRYSTEAM will provide reasons for the processing decisions as far as reasonably possible.

11.     WHEN, HOW, AND WITH WHOM DOES FOCAL COMMUNICATIONS CC T/A DRYSTEAM SHARE CUSTOMERS’ PERSONAL INFORMATION?

In general, FOCAL COMMUNICATIONS CC T/A DRYSTEAM will only share customers’ personal information if any one or more of the following apply: if the customer has consented to this; if it is necessary to conclude or perform under a contract we have with the customer; if the law requires it; or if it is necessary to protect or pursue the customer’s, FOCAL COMMUNICATIONS CC T/A DRYSTEAM’s or a third party’s legitimate interest.

Where required, each member of FOCAL COMMUNICATIONS CC T/A DRYSTEAM may share a customer’s personal information with the following persons, which may include parties that FOCAL COMMUNICATIONS CC T/A DRYSTEAM engages with as independent responsible parties, joint responsible parties or operators. These persons have an obligation to keep customers’ personal information secure and confidential: members of FOCAL COMMUNICATIONS CC T/A DRYSTEAM, any connected companies, subsidiary companies, associates, cessionaries, delegates, assignees, affiliates or successors in title and/or appointed third parties (such as its authorised agents, partners, contractors and suppliers) for any of the purposes identified in this notice; FOCAL COMMUNICATIONS CC T/A DRYSTEAM’s employees, as required by their employment conditions; people the customer has authorised to obtain their personal information, such as a person that places an order on the customer’s behalf; payment processing services providers, merchants, and other persons that assist with the processing of customer payment instructions, such as card scheme providers (including VISA or MasterCard); law enforcement and fraud prevention agencies; regulatory authorities, and other persons the law requires FOCAL COMMUNICATIONS CC T/A DRYSTEAM to share customer personal information with; our service providers, agents and subcontractors.

12.     CUSTOMERS’ DUTIES AND RIGHTS REGARDING THE PERSONAL INFORMATION FOCAL COMMUNICATIONS CC T/A DRYSTEAM HAS ABOUT THEM

Customers must provide FOCAL COMMUNICATIONS CC T/A DRYSTEAM with proof of identity when enforcing the rights below. Customers must inform the FOCAL COMMUNICATIONS CC T/A DRYSTEAM when their personal information changes, as soon as possible after the change.

12.1 Right to Access: Customers have the right to request access to the personal information FOCAL COMMUNICATIONS CC T/A DRYSTEAM has about them by contacting FOCAL COMMUNICATIONS CC T/A DRYSTEAM. This includes requesting: confirmation that  FOCAL COMMUNICATIONS CC T/A DRYSTEAM holds the customer’s personal information; a copy or description of the record containing the customer’s personal information; and the identity or categories of third parties who have had access to the customer’s personal information.

FOCAL COMMUNICATIONS CC T/A DRYSTEAM will attend to requests for access to personal information within a reasonable time. Customers may be required to pay a reasonable fee to receive copies or descriptions of records, or information. FOCAL COMMUNICATIONS CC T/A DRYSTEAM will inform customers of the fee before attending to their request.

Customers should note that the law may limit their right to access to information.

Please refer to Section 51 of the Promotion of Access to Information Act, No. 2 of 2000 for further information on how customers can give effect to this right.

12.2 Right to correction, deletion or destruction: Customers have the right to request FOCAL COMMUNICATIONS CC T/A DRYSTEAM to correct, delete or destroy the personal information it has about them if it is inaccurate, irrelevant, excessive, out of date, incomplete, misleading, obtained unlawfully, or if FOCAL COMMUNICATIONS CC T/A DRYSTEAM is no longer authorized to keep it.

FOCAL COMMUNICATIONS CC T/A DRYSTEAM will take reasonable steps to determine if the personal information is correct and make any correction needed. It may take a reasonable time for the change to reflect on the FOCAL COMMUNICATIONS CC T/A DRYSTEAM’s platform/systems. FOCAL COMMUNICATIONS CC T/A DRYSTEAM may request documents from the customer to verify the change in personal information.

A specific agreement that a customer has entered into with FOCAL COMMUNICATIONS CC T/A DRYSTEAM may determine how the customer must change their personal information provided at the time when they entered into the specific agreement. Customers must adhere to these requirements.

If the law requires FOCAL COMMUNICATIONS CC T/A DRYSTEAM to keep the personal information, it will not be deleted or destroyed upon the customer’s request. The deletion or destruction of certain personal information may lead to the termination of a customer’s business relationship with FOCAL COMMUNICATIONS CC T/A DRYSTEAM.

12.3 Right to objection: Customers may object on reasonable grounds to the processing of their personal information where the processing is not in their legitimate interest, FOCAL COMMUNICATIONS CC T/A DRYSTEAM’s legitimate interest or in the legitimate interest of another party.

Customers must inform FOCAL COMMUNICATIONS CC T/A DRYSTEAM of their objection. FOCAL COMMUNICATIONS CC T/A DRYSTEAM will not be able to give effect to the customer’s objection if the processing of their personal information was and is permitted by law, the customer has provided consent to the processing and FOCAL COMMUNICATIONS CC T/A DRYSTEAM processing was conducted in line with their consent; or the processing is necessary to conclude or perform under a contract with the customer.

FOCAL COMMUNICATIONS CC T/A DRYSTEAM will also not be able to give effect to a customer’s objection if the objection is not based upon reasonable grounds and substantiated with appropriate evidence.

FOCAL COMMUNICATIONS CC T/A DRYSTEAM will provide customers with feedback regarding their objections.

12.4 Right to withdraw consent: Where a customer has provided their consent for the processing of their personal information, the customer may withdraw their consent. If they withdraw their consent, FOCAL COMMUNICATIONS CC T/A DRYSTEAM will explain the consequences to the customer. If a customer withdraws their consent, FOCAL COMMUNICATIONS CC T/A DRYSTEAM may not be able to provide any services to the customer. FOCAL COMMUNICATIONS CC T/A DRYSTEAM will inform the customer if this is the case. FOCAL COMMUNICATIONS CC T/A DRYSTEAM may proceed to process customers’ personal information, even if they have withdrawn their consent, if the law permits or requires it.

12.5    Right to complain: Customers have a right to file a complaint with FOCAL COMMUNICATIONS CC T/A DRYSTEAM or any regulator with jurisdiction (customers can contact the Information Regulator) about an alleged contravention of the protection of their personal information. FOCAL COMMUNICATIONS CC T/A DRYSTEAM will address customer complaints as far as possible.

The contact details of the Information Regulator are provided below.

Physical Address: Information Regulator

33 Hoofd Street Forum III,

3rd Floor Braampark, P.O Box 31533,Braamfontein

Johannesburg 2017

Website: www.justice.gov.za/inforeg

Complaints email: complaints.IR@justice.gov.za

General enquiries email: inforeg@justice.gov.za 

13.   HOW FOCAL COMMUNICATIONS CC T/A DRYSTEAM SECURES CUSTOMERS’ PERSONAL INFORMATION

FOCAL COMMUNICATIONS CC T/A DRYSTEAM will take appropriate and reasonable technical and organizational steps to protect customers’ personal information in line with industry best practices. FOCAL COMMUNICATIONS CC T/A DRYSTEAM’s security measures, including physical, technological and procedural safeguards, will be appropriate and reasonable. This includes the following: keeping FOCAL COMMUNICATIONS CC T/A DRYSTEAM systems secure (such as monitoring access and usage); storing FOCAL COMMUNICATIONS CC T/A DRYSTEAM records securely; controlling the access to FOCAL COMMUNICATIONS CC T/A DRYSTEAM premises, systems and/or records; and safely destroying or deleting records.

14.   HOW LONG DOES THE FOCAL COMMUNICATIONS CC T/A DRYSTEAM KEEP CUSTOMERS’ PERSONAL INFORMATION?

FOCAL COMMUNICATIONS CC T/A DRYSTEAM will keep customers’ personal information for as long as: the law requires the FOCAL COMMUNICATIONS CC T/A DRYSTEAM to keep it; a contract between the customer and the FOCAL COMMUNICATIONS CC T/A DRYSTEAM requires FOCAL COMMUNICATIONS CC T/A DRYSTEAM to keep it; the customer has consented to FOCAL COMMUNICATIONS CC T/A DRYSTEAM to keeping it; FOCAL COMMUNICATIONS CC T/A DRYSTEAM is required to keep it to achieve the purposes listed in this privacy compliance notice; FOCAL COMMUNICATIONS CC T/A DRYSTEAM requires it for statistical or research purposes; a code of conduct requires FOCAL COMMUNICATIONS CC T/A DRYSTEAM to keep it; and/or FOCAL COMMUNICATIONS CC T/A DRYSTEAM requires it for lawful business purposes.

Furthermore to the above; FOCAL COMMUNICATIONS CC T/A DRYSTEAM may keep customers’ personal information even if they no longer have a relationship with FOCAL COMMUNICATIONS CC T/A DRYSTEAM or even if they request FOCAL COMMUNICATIONS CC T/A DRYSTEAM to delete or destroy it, if the law permits or requires such information to be kept by FOCAL COMMUNICATIONS CC T/A DRYSTEAM.

15.   COOKIES

A cookie is a small piece of data that is sent (usually in the form of a text file) from a website, mobile application to the user’s device, such as a computer, smartphone or tablet. The purpose of a cookie is to provide a reliable mechanism to “remember” user behaviour (keeping track of previous actions), e.g. remembering the contents of an online user’s query, and actions that the user performed whilst accessing or browsing when not signed up or logged into any online account platform owned by FOCAL COMMUNICATIONS CC T/A DRYSTEAM.

FOCAL COMMUNICATIONS CC T/A DRYSTEAM does not necessarily know the identity of the user of the device but could see the behaviour recorded on the device.                                        

Cookies could, however, be used to identify the device and, if the device is linked to a specific user the user would also be identifiable. For example, a device or cellular MSISD Number registered on a website.

By using FOCAL COMMUNICATIONS CC T/A DRYSTEAM websites or applications, customers agree that cookies may be forwarded from the relevant website or application to their computer or device. The cookie will enable FOCAL COMMUNICATIONS CC T/A DRYSTEAM to know that a customer has visited a website or application before and will identify the customer. FOCAL COMMUNICATIONS CC T/A DRYSTEAM may also use the cookie to prevent fraud.

Privacy Compliance and Policy Document Dated June 2021

By authority: FOCAL COMMUNICATIONS CC T/A DRYSTEAM

Registration Number: 1994/037016/23

Physical Address: Deauville, Parade Ring Road, Milnerton, 7441