Use and Consent

Your use of HURU’s Platform and/or Services indicates that you have both read and agreed to the terms of this Privacy Policy. You cannot browse or use our Platform if you do not accept this Privacy Policy.

By accepting our Terms of Use when browsing or using the Platform and/or when transacting with HURU for the rendering of any Services or for making enquiries thereto, you also consent to this Privacy Policy and for the use of your Personal Information for the rendering of the Services and as set out in this Privacy Policy.

By submitting your Personal Information you consent to our Privacy Policy and for the use of your Personal Information for the rendering of the Services or for making enquiries thereto as set out in this Privacy Policy.

All sections of this Privacy Policy are applicable to Users (including Customers and Candidates) as defined in the Terms of Use, unless the section expressly states or the context indicates otherwise.

This Privacy Policy aims to give you information on how we collect and process your personal information through any form of your engagement with us. This Privacy Policy complies with, and facilitates the obligations required from, the South African Protection of Personal Information Act, No. 4 of 2013 (“the POPI Act”), as amended.

It is important that you read this Privacy Policy together with any other privacy policy or fair processing notice we may provide on specific occasions when we are collecting or processing personal information about you, 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.

The Platform may include links to third-party platforms, plug-ins, and applications. Clicking on those links or enabling those connections may 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 leave our Platform, or engage with such third parties, we encourage you to read the distinct privacy policy of every third-party you engage with.

We do not process the data of minors. Do not provide us with any such personal data, as it will constitute an immediate and automatic material breach of this Privacy Policy and our Terms of Use.

Personal Information Collected

“Personal Information” will be understood in accordance with the definition provided in the POPI Act. Enquiry Information, Services Information, Special Personal Information and Findings as defined later in this Privacy Policy, constitute sub-sets of such Personal Information.

HURU also subscribes to the principles for electronically collecting Personal Information outlined in the POPI Act, and the further legislation referred to therein. We endeavour to ensure the quality, accuracy and confidentiality of personal information in our possession.

The primary purpose of HURU’s Platform is to allow Users to procure our Services including (without limitation) electronic fingerprint criminal checks and electronic fingerprint identity verifications, using an online portal and service contained on our website, and the Findings thereof.

HURU is an authorised reseller and provider of certain such Services, which HURU has access to as an authorised reseller of Afiswitch (Pty) Ltd (“Afiswitch”) on a commercial basis through the South African Police Service (“SAPS”) infrastructure as well as the Department of Home Affairs (“HANIS”) system put in place for this purpose, subject to its reseller obligations and SAPS’ and HANIS’ requirements from time to time.

The “Findings” means the Candidate’s Personal Information that is obtained by HURU and Afiswitch during the course of performing the Services, which includes, without limitation, a detailed summary of the Candidate’s criminal record (including, without limitation, information regarding the Candidate’s criminal history, previous convictions, cases awaiting trial and/or any other relevant information such as is ordinarily furnished by the Criminal Record Centre of the SAPS).

In adopting this Privacy Policy, HURU wishes to balance our legitimate business rights and interests and the User’s reasonable rights and expectation of privacy. Accordingly, we will adopt a minimal approach to obtaining, processing, storing and generally dealing with Personal Information; and we shall take all reasonable steps to prevent unauthorised access to or disclosure of your Personal Information. However, it is impossible to guarantee that your Personal Information shall be 100% secure.

Users who wish to make an enquiry concerning the use of the Services as Customers or Candidates will be prompted to complete an online process using our Platform wherein certain Personal Information will be furnished. In so doing, Users will be asked to provide the following information:

• First names;
• Surname;
• Cellphone number;
• Email address,

(“the Enquiry Information”).

The purpose for the Enquiry Information is in order to be able to communicate with the Users and to be able to answer their questions, including with a view to them possibly becoming a Customer or Candidate. The Enquiry Information is furnished on a voluntary basis.

Failing to provide the necessary Enquiry Information will result in HURU being unable reply to your enquiry about our Services or any other requests made.

Users who wish to contract with HURU for the provision of the Services, whether as: 1) Candidates of Customers; or as 2) Candidates who are also Customers, will be prompted to complete an online process using our Platform wherein certain Personal Information will be furnished. In so doing, Users will be asked to provide the following information:

• First names;
• Surname;
• Date of birth;
• Identity number or passport number;
• Race;
• Gender;
• Previous convictions;
• Physical address or location;
• Phone number;
• Email address;
• Identity document or passport;
• Fingerprints, photographs and possibly other biometric information; and
• Any other relevant information which may be required in order to be able to render the Services,

(“the Services Information”).

The purpose for the Services Information, Special Personal Information and any other Personal Information that Users provide through the Platform is in order to be able to render the Services to the Users and to be able to furnish the Findings. The Services Information, Special Personal Information and any other Personal Information is furnished on a voluntary basis.

Failing to provide the necessary Services Information Special Personal Information and any other Personal Information will result in HURU being unable to provide the Services.

HURU will not sell, share or rent your Personal Information to any third party or use your email address or phone number for unsolicited mail, texts or instant messages. Any emails, texts or electronic messages sent by HURU will only be in connection with the provision of our Services and/or the marketing thereof.

What We Collect About You

In addition to the foregoing specifically mentioned Personal Information, we may collect, use, store, and transfer (“process”) different kinds of Personal Information about you which we have grouped together as follows:

Identity Data including full names, surnames, ID numbers, passport numbers, race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language, birth, interests, preferences, approximate location, as well as height and weight and other biometric information (including fingerprints and facial image), education history, employment history, criminal behaviour and/or the information about your company such as company name, type, logo, addresses, contact persons and details, financial information, VAT numbers, BBBEE records and/or company registration details.

Content any content shared by you when you use our Services including photos, videos, audio, text and other types of content, such as your chats, messages and interactions with other users as well as confidential information and correspondence.

Contact Data including email address, physical or postal addresses, billing address and contact numbers.

Account Data including all information available in your Platform account including any support enquiries.

Financial Data including bank account details, third-party payment provider information and payment card details (which we do not store but is processed by our payment service provider).

Social Media Data including all information available on your public social media profiles including posts, stories, likes and comments.

Transaction Data including details about payments to and from you, contracts, contractual terms, contract fees, signups, purchases, subscriptions, invoices and other details of products and services you have obtained from us or provide to us.

Technical Data including internet protocol address/es, login data, 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.

Usage Data including information about how you use our company, Platform, surveys, and Services.

Marketing and Communications Data including messages sent or received by you to or from other users while using the Platform or our Services, messages sent to us, your preferences in receiving notices and marketing from us and our third parties and your communication preferences as well as details of which communications were sent to you and how they were sent.

Business Data and Reviews including data regarding your business, the services required by or performed by you as well as the reviews of your services.

We also collect, use, and share Aggregated Data. 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. 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.

Where 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. In this case, we may have to cancel your access to our Platform or Services, but we will notify you if this is the case at the time.

How We Collect Personal Information

We use different methods to collect personal information from and about you, including through:

Direct interactions: You may give us your personal information by corresponding with us through the Platform, email or otherwise. This includes personal information you provide when you:

• use our Services;
• use our Platform;
• contract with us;
• provide any services to us as a service provider or independent contractor on contract with us;
• request information to be sent to you;
• give us feedback.

Automated technologies or interactions: As you interact with our Platform, we may automatically collect Technical Data and Usage 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.

Third parties: We may receive personal information about you from various third parties such as:

• other users of our Platform;
• analytics providers;
• marketing platforms;
• messaging platforms;
• search information providers; and
• payment service providers.

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Consent and Authorisation and Processing Purposes

By accepting our Terms of Use when transacting with HURU on our Platform for the rendering of the Services, you as a User are confirming your express consent in terms of Section 27(1)(a) of the POPI Act to the processing of your special personal information as defined in Section 26(a) and (b) of the POPI Act in respect of biometric information (such as fingerprints and photographs) and criminal activity/behaviour/records/matters/allegations, which may be included in the subject matter of the Services being rendered to you as a User (“Special Personal Information”).

HURU has Prior Authorisation as contemplated in sections 57(1) and 58(1) of the POPI Act.

By submitting your Special Personal Information in the form of your fingerprints, photographs and any other biometric information, you as a User are confirming your express consent in terms of Section 27(1)(a) of the POPI Act to the processing of your Special Personal Information as defined in Section 26(a) and (b) of the POPI Act in respect of biometric information and criminal activity, which may be included in the subject matter of the Services being rendered to you as a User and HURU’s access thereto.

HURU will not collect, use or disclose Special Personal Information as contemplated in Sections 26 of the POPI Act (such as biometric information and criminal behaviour) except with a User’s specific consent or in the circumstances permitted by law.

We will not to use the biometric data for any other purpose than the purpose/s which were disclosed and assented to when the biometric data was obtained. It is agreed that the foregoing shall not –

• prevent Afiswitch from reporting and/or furnishing any demographic and/or biometric data to SAPS in the event that any search reveals that the subject is a wanted person; or
• preclude Afiswitch from hosting any biometric data in circumstances where the subject has granted its prior written consent in respect thereof.

The Candidate authorises HURU and Afiswitch to process, access, use, retain, store and transfer their Personal Information for purposes of conducting the Services. In this regard the Candidate acknowledges and agrees that their Personal Information may be shared by HURU with Afiswitch and vice versa for purposes of performing the Services.

The Candidate authorises HURU and Afiswitch to process, access, use, retain, store and transfer the Personal Information and the Findings for any other legitimate purpose, including for purposes of verifying their identity which will include comparing and verifying the Special Personal Information and the Findings against any national data registers in the Republic of South Africa.

The Candidate agrees that the Findings (including, without limitation, any adverse findings, which will include my criminal record and any cases against them that are pending/awaiting trial) may be shared by HURU with Afiswitch and vice versa.

The Candidate warrants that the Personal Information provided to HURU and Afiswitch is accurate and current and that they have not knowingly withheld any facts or circumstances.

The Candidate agrees that they will correct and update the Personal Information when necessary.

The Candidate understands that HURU and Afiswitch will use reasonable efforts to maintain the confidentiality of the Personal Information and the Findings and that the Personal Information will be stored in a secure manner and accessed and transferred for the purposes they have authorised.

By the Candidate agreeing to this Privacy Policy, they warrant that they are an adult over the age of 18 of sound mind and declare that they have read through this Privacy Policy and know and understand its terms and the consequences thereof; and fully agree to bind themself to these provisions.

By interacting with HURU’s Platform, our Services or engaging with our marketing communications, you consent to the processing of your personal information in accordance with this Privacy Policy.

We 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:

• where we have your express consent to do so;
• where we need to consult with you or perform on the Services contract we are about to enter into or have entered into with you;
• where 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
• where we need to comply with a legal or regulatory obligation.

We have set out below the purposes for which we will process your Personal Information, which includes:

• to engage with you after you have contacted us via the Platform or otherwise;
• to allow you to use our Services and to provide you with our Services as contracted;
• to allow you to communicate and share information with other users of our Platform;
• to contract with you as a service provider to HURU;
• to provide it to our authorised service providers who need your personal information to provide their services to you (such as our payment gateway);
• to process and service your payment for any Services rendered by HURU or its service providers;
• to manage payments, fees, and charges;
• to manage our relationship with you which may include notifying you about changes to our Terms of Use, Privacy Policy, or Services or the delivery of communications and the effectiveness thereof;
• to administer and protect our company, Platform and Services (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data);
• to use data analytics to improve our Platform, Services, client relationships and experiences;
• to provide you with direct marketing and make suggestions about goods/services that may be of interest in accordance with your preferences and applicable legal requirements;
• to communicate with you about our Services, updates, and offerings;
• to personalise and improve user experience on our Platform;
• to respond to your inquiries or requests for information; and
• to make a hiring decision or for recruitment/employment processing.

We 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.

If 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.

Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules and where required or permitted by law.

All personal information is collected in a lawful and reasonable manner and is limited to what is necessary for the purpose for which it is collected.

In addition to the above, by agreeing to the terms contained in this Privacy Policy, each User expressly consents to the use and processing of their Personal Information in relation to:

• Searches by Customers or prospective Customers to find possible matches of their Candidates or prospective Candidates on the HURU database, prior to the rendering of the Services (subject to the remaining consent provisions of this Privacy Policy);
• The provision and performance of the Services;
• The provision of the Findings;
• Informing you of changes made to our Platform;
• The provision of marketing related services to you by HURU;
• Responding to any queries or requests you may have;
• Developing a more direct and substantial relationship with Users for the purposes described in this clause;
• Developing an online user profile;
• Understanding general user trends and patterns so that we can develop and support existing and ongoing marketing strategies;
• For security, administrative and legal purposes; and
• The creation and development of market data profiles which may provide insight into market norms, practices and trends to help us improve our offering to you. Such information will be compiled and retained in aggregated form, but shall not be used in any way which may comprise the identity of a User.

HURU will attempt to limit the types of Personal Information we process to only that to which the User consents to (for example, in the context of online registration, searches for Candidates or prospective Candidates on our database, rendering of the Services, newsletters, message boards, surveys, polls, professional announcements, SMS, MMS, other electronic communications and other mobile services), but, to the extent necessary, the User’s agreement to this Privacy Policy constitutes their consent as contemplated in Section 69 of the POPI Act.

Where a User or Candidate’s Personal Information is already on the HURU database (in part or in whole) and in particular where their biometric information (such as fingerprints and photographs) is already stored on the HURU database, the User or Candidate consents to HURU being permitted to do a search on our database on the request of a Customer or prospective Customer by furnishing HURU with an identity number or passport number; and if such a search renders a positive result for HURU to be permitted to confirm to the Customer or prospective Customer that the User or Candidate’s biometric information is already on the HURU database and to furnish the Customer or prospective Customer with sufficient limited proof thereof in the form of a watermarked, low resolution photograph and initials and surname of the User or Candidate, in order to facilitate the efficient rendering of the Services to the Customer or prospective Customer, for the benefit of the Candidate or User. The provisions of the next paragraph shall not apply to this process.

A Candidate will be notified each time when a Customer requires HURU to render Services in respect of the Candidate and access such Special Personal Information in the form of electronic fingerprint criminal checks and electronic fingerprint identity verifications and any other Services Information as well as any re-checks in respect thereof (which the Candidate accepts may be scheduled). A Candidate shall have the right to object thereto, in which case HURU shall not conduct the Services or furnish the Findings to a Customer or other third party (as the case may be) and shall notify the Customer in this regard in terms of a Candidate’s selection of either the Regular Consent or Restricted Consent options (see below).

The User has the right to object to the processing of their Personal Information in terms of Section 11(3) of the POPI Act, in which case HURU shall no longer process the User’s Personal Information.

In order to give effect to the provisions of the above, HURU offers two consent options for Candidates:

• Option 1 (default option) – where a Candidate gives their consent at the point of the online capture of their Personal Information, including their Services Information and Special Personal Information, which is referred to as “Regular Consent”; and
• Option 2 – where a Candidate can change the basis of their consent by logging into their User profile, which is referred to as “Restricted Consent”.

Regular Consent is the default option and means that a Candidate gives consent to HURU and the relevant Customer/s to access their Personal Information for the rendering of Services. Each time the Candidate’s Personal Information is accessed they will be receive a “Check Submission Notice” that is sent to them electronically. The Check Submission Notice will inform the Candidate that the Services have been requested on their Personal Information.

Restricted Consent means that a Candidate is required to give consent to HURU and HURU Customers to access their Personal Information for the rendering of the Services each and every time a Customer submits a request. When a Customer submits a request for the Services in respect of a Candidate, the Candidate will receive a “Check Request Notice” that is sent to them electronically.

The Candidate will then have three options:

• Option 1 – to object to the Services being performed, where HURU will not proceed to render the Services;
• Option 2 – to approve the Services being performed, where HURU will proceed to render the Services forthwith; and
• Option 3 – to ignore the Check Request Notice, where after 48 hours HURU will proceed to render the Services on the basis of that the Candidate shall have been deemed to have consented thereto. The Candidate hereby expressly agrees to such deemed consent.

If for any reason the Candidate believes their Personal Information is being accessed and/or used without their consent or in any other unlawful or wrongful manner, whether they have given Regular Consent or Restricted Consent, they can submit an “Abuse Notice” to HURU containing the relevant information to be brought to our attention and we will conduct an investigation into the matter and provide feedback to the Candidate as soon as reasonably possible.

Each User acknowledges and agrees that the Services will proceed immediately when a Customer requests them and any suspected unauthorised, unlawful and/or wrongful access and/or use of Personal Information may only be able to be addressed after the fact, which may include the suspension of the Customer’s account and further access to the Findings.

Sharing of Information with Third Parties

We may have to share your personal information with the parties set out below for the purposes set out in this Privacy Policy.

• Internal Third Parties including other entities or parties in the HURU group and their respective directors, employees and temporary staff, acting as joint responsible parties or operators;
• External Third Parties including:
  • authorised third-party service providers under contract with HURU who need your personal information to provide their services to you pursuant to your use of our Services;
  • service providers and contractors providing their services to us and acting as operators of your personal information on instruction from us including for managing and hosting communications platforms (e.g. CRM, email services, or messaging platforms) and for providing technical support or analytical services;
  • South African or other national governments and/or their respective authorities pursuant to our adherence with legislative requirements; such as tax;
  • professional 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; and
  • These may include, without limitation, any juristic entity that HURU uses to collect payments and recover debts or to provide a service on its behalf, credit bureaus that we obtain services from, Afiswitch who process criminal record checks on behalf of SAPS, SAPS, any other juristic entity that provides HURU with products or services, any payment systems HURU uses, regulatory and governmental authorities or ombudsmen, or other authorities, including tax authorities, where HURU has a duty to share information, third parties to whom payments are made on behalf of employees, financial institutions from whom payments are received on behalf of data subjects, contractors and agents.
• Third 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 such 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.

We 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.

Data Security and Safeguards

Although absolute security cannot be guaranteed on the internet, HURU has in place up-to-date, reasonable technical and organisational security measures to protect the User’s Personal Information against accidental or intentional manipulation, loss, misuse, destruction or against unauthorised disclosure or access to the Personal Information we process online in accordance with the POPI Act. These measures include, but are not limited to:

• Access control protocols;
• Encryption of sensitive data;
• Secure data storage and transfer practices; and
• Regular data protection training for staff.

While HURU cannot ensure or warrant the security of any Personal Information a User provides to us, we will continue to maintain and improve these security measures over time in line with legal and technological developments.

We have put in place procedures to deal with any suspected Personal Information breach and will notify you and the Information Regulator of a breach where we are legally required to do so.

Data Retention

We 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.

To 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.

We 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.

Monitoring

The Personal Information HURU collects from Users shall only be accessed by HURU employees, representatives, agents, contractors, service providers and consultants on a need-to-know basis, and subject to reasonable confidentiality obligations binding such persons.

HURU shall have the right, but shall not be obliged, to monitor or examine any information and materials including any website link that a User publishes or submits to HURU for publishing on the Platform. The User shall be solely responsible for the contents of all material published by them.

HURU regularly reviews its systems and data to ensure the best possible service to our Users.

Marketing

We strive to provide you with choices regarding how we use your personal information, particularly around marketing and advertising. To manifest your rights attached to any marketing sent to you as an existing customer, please use the in-built prompts provided on those communications, or contact us.

You will receive marketing communications from us if you have requested our Services, requested information from us, or provided us with your details in any other circumstance and, in each case, have not opted-out of receiving that marketing.

You can ask us to stop sending you marketing messages at any time by using the built-in prompts or contacting us and requesting us to cease or change your marketing preferences. Where you opt-out of receiving marketing messages, this opt-out will not apply to other personal information of yours which we process for another lawful basis.

Third-Party Marketing: Whilst 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 HURU for marketing.

HURU or one our employees, representatives, agents, contractors, service providers or consultants may contact a User by email, SMS, instant message, telephone or other means to ask you for your feedback and comments on our Services. We may also wish to provide you with information about special features of our Platform or any other services or products, which we think may be of interest to you. If you would rather not receive this information, an opt out option will be given to you.

HURU uses various online marketing and advertising platforms and service providers from time to time (such as, but not limited to, Google, Facebook and/or LinkedIn) to market and advertise our Platform and Services across the web. We place a cookie on a browser, and then a third party (such as, but not limited to, Google, Facebook or LinkedIn) reads these cookies and may serve an ad on a third party site. A User may opt out of this ad serving on the relevant third party’s opt out page.

HURU uses a variety of third party service providers (such as, but not limited to, Google, Facebook and/or LinkedIn Analytics) to better understand our Platform usage and Services. We may allow such third party service providers to place and read their own cookies, web beacons and similar technologies to collect information through the Platform. This information is collected directly and automatically by these third parties and we do not participate in these data transmissions. HURU will, wherever feasible, contractually obligate our third party service providers to abide by the terms of this Privacy Policy.

In compliance with Section 69 of the POPI Act:

• We will only send direct electronic marketing communications (e.g. via email, SMS, WhatsApp) to you if you are an existing customer or have provided explicit consent (opt-in) to receive such communications.
• You may at any time opt out of receiving marketing communications by using the unsubscribe functionality provided in each message or by contacting us directly.

No unsolicited direct marketing communications will be sent without proper lawful basis or consent.

Data Subject Rights

You have rights in relation to your Personal Information where we are the relevant “Responsible Party” over such personal information. Please contact us to find out more about, or manifest, these rights:

• request access to your personal information;
• request correction of your personal information;
• request erasure of your personal information;
• object to the processing of your personal information;
• request a restriction of processing your personal information;
• request transfer of your personal information;
• right to withdraw consent; and/or
• lodge a complaint with the Information Regulator of South Africa if you believe your rights under the POPI Act have been infringed. Complaints may be submitted to POPIAComplaints@inforegulator.org.za. 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.

You 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.

We 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.

We 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.

Cross-border Transfers

We may share and process your Personal Information outside of South Africa for the purpose of cloud storage or to engage with third parties or for purposes of providing any Services or as may be shared within HURU’s group of companies or processed outside of South Africa by their employees, directors or agents as part of the group structure and operations.

The Candidate agrees that their Personal Information may be transferred cross-border to other countries (outside of South Africa) for processing.

Whenever 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:

• We will only transfer your Personal Information to countries that have appropriate data protection legislation in place similar to that of South Africa; and/or
• Where we use service providers, we will use specific contracts/clauses which ensure Personal Information is processed and secured lawfully.

Users with citizenships from jurisdictions other than South Africa, please note that we comply with South African data protection laws when processing your personal information as we are a South African entity. Should foreign law be applicable to your use of the Services and/or the Platform in any way, including how we may process your personal information, please contact us and we will gladly engage with you on your rights.

HURU’s Platform and Services are operated and managed on servers located and operated within the Republic of South Africa. In order to provide our Services to you, we may send and store your Personal Information outside of the country where you reside or are located, including to South Africa. Accordingly, if a User resides or is located outside of South Africa, your Personal Information may be transferred outside of the country where you reside or are located, including to countries that may not or do not provide the same level of protection for your Personal Information.

By using and accessing our Services, Users who reside or are located in countries outside of South Africa agree and consent to the transfer to and processing of their Personal Information on servers located outside of the country where they reside, and that the protection of such information may be different than required under the laws of their residence or location.

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Changes to this Privacy Policy

If HURU changes this Privacy Policy we will post the changes on this page, and may place notices on other pages of our Platform and may notify Users through other electronic means, so that Users may be aware of the Personal Information we collect and how we use it at all times. Continued use of the Platform and/or our Services will signify that you agree to any such changes.

HURU reserves the right to update this Privacy Policy, from time to time. Your continued browsing or use of our Platform shall be accepted as confirmation of your acceptance of such changes.

This Privacy Policy was last updated on the date indicated at the start hereof and previous versions are archived and can be provided on request.

It 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.

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Responsible Party and Operator

HURU is the “Responsible Party” and is responsible for your personal information when we decide the processing operations of your personal information. In certain instances, we operate as an “Operator” of personal information on behalf of a Responsible Party who use our services. In that case, that Responsible Party’s privacy policy will apply to your use of their services.

We have appointed an information officer at HURU 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. Our Contact Details:

• This Platform is owned and operated by Huru Technologies (Pty) Ltd, registration Number: 2017/168618/07, a private company incorporated and operated in accordance with the laws of the Republic of South Africa.
• Legal entity: HURU Technologies (Pty) Ltd
• Information Officer: Adrian Albrecht
• Information Officer Email address: info-officer@huru.co.za
• Postal address: Stonemill Office Park Kiepersol HO, Office F04 300 Acacia Road, Darrenwood, Johannesburg, Gauteng, 2195
• Contact Number: 010 593 4491
• Support Email address: legal@huru.co.za
• Website address: www.huru.co.za

Log Files

When a User visits our Platform, even if they do not submit an enquiry or complete a form/s, HURU may collect information, such as your IP address, the name of your ISP (Internet Service Provider), your browser, the website from which you visit us, the pages on our website or app that you visit and in what sequence, the date and length of your visit, and other information concerning your computer’s or device’s operating system, language settings and broad demographic information.

This information is aggregated as anonymous data and does not identify you specifically. However, you acknowledge that this data may be able to be used to identify you if it is aggregated with other Personal Information that you supply to us. This information is not shared with third parties and is used only within HURU on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above, without your explicit permission.

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Cookies

HURU uses cookies. A cookie is a small piece of information stored on your computer, tablet, smartphone or other device by the web browser. The two types of cookies used on the Platform are described below:

“Session cookies”: These are used to maintain a so-called ‘session state’ and only lasts for the duration of your use of the Platform. A session cookie expires when you close your browser, or if you have not visited the server for a certain period of time. Session cookies are required for the Platform to function optimally, but are not used in any way to identify you personally.

“Permanent cookies”: These cookies permanently store a unique code on your computer or smart device hard drive in order to identify you as an individual user. No Personal Information is stored in permanent cookies. You can view permanent cookies by looking in the cookies directory of your browser installation. These permanent cookies are not required for the Platform to work, but may enhance your browsing experience.

Most web browsers provide the option to block some or all cookie types should you wish to. Users can also opt out of the various online marketing and advertising platforms and service providers used by HURU from time to time (such as, but not limited to, Google, Facebook and/or LinkedIn) to market and advertise HURU’s Platform and Services across the web, using the relevant third party’s opt out page. Because many of our Platform features utilise cookies, we recommend that Users do no block them.

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The Electronic Communications and Transactions Act 25 of 2002 (“ECT Act”)

We are only deemed to have received any Data Messages (as defined in the ECT Act) once we have confirmed receipt thereof.

We are deemed to have sent any Data Messages once reflected as “sent” on our email server or other information system.

Users acknowledge that electronic signatures, encryption and/or authentication are not required for valid electronic communications between Users and HURU.

Users warrant that Data Messages sent to HURU from any electronic device owned or used by such User, from time to time, were sent and/or authorised by such User, personally.