PRIVACY POLICY


Protection of Personal Information Act ("POPI)


  • 1. “Operator” means an operator as defined in the Protection of Personal Information Act, 4 of 2013;
  • 2. “Personal Information” means personal information as defined in the Protection of Personal Information Act, 4 of 2013;
  • 3. Protection of Personal Information You hereby authorise Hylton Ross to collect your Personal Information as it is relevant to this Agreement and/or service which we are providing for you or is deemed to be relevant for the provision of such service. Hylton Ross is committed to the adherence of national legislation and regulations pertaining to the safeguarding of data privacy. Hylton Ross shall use information previously provided by you to perform our services and to amongst other things, process invoices, credit notes, statements and any other document related to the services. You confirm that we may share your personal information with the following persons, who have an obligation to keep the personal information secure and confidential: 1. Employees of Hylton Ross who are required to be informed of the personal information in order to attend to the services supplied and; 2. All third parties who may assist us in supplying the services. We undertake not to disclose your personal information unless it is legally or contractually required to do so. We agree to use all reasonable efforts to ensure your personal information in our possession is kept confidential, stored in a secure manner and processed in terms of POPI. You hereby acknowledge and warrant that:
  • 3.1.1. Hylton Ross is entitled to process and store any such Personal Information in the manner set out in the Hylton Ross Privacy Policy, available on the website www.hyltonross.co.za
  • 3.1.2. Hylton Ross is entitled and authorised by you to transfer any Personal Information to any of its Operators; and
  • 3.1.3. Hylton Ross is entitled to store and back-up your Personal Information on its servers. You confirm that you have read and agree to Hylton Ross Privacy Policy and hereby provide your consent to Hylton Ross to process your personal information and acknowledge that you understand the purpose for which it is required and for which it will be used.


Types of Data collected


Among the types of Personal Data that hyltonross.co.za collects, by itself or through third parties, there are: Cookies; Usage Data; Data communicated while using the service; first name; last name; phone number; email address.

Complete details on each type of Personal Data collected are provided in the dedicated sections of this privacy policy or by specific explanation texts displayed prior to the Data collection.

Personal Data may be freely provided by the User, or, in case of Usage Data, collected automatically when using hyltonross.co.za.

Unless specified otherwise, all Data requested by hyltonross.co.za is mandatory and failure to provide this Data may make it impossible for hyltonross.co.za to provide its services. In cases where hyltonross.co.za specifically states that some Data is not mandatory, Users are free not to communicate this Data without consequences to the availability or the functioning of the Service.

Users who are uncertain about which Personal Data is mandatory are welcome to contact the Owner.

Any use of Cookies – or of other tracking tools – by hyltonross.co.za or by the owners of third-party services used by hyltonross.co.za serves the purpose of providing the Service required by the User, in addition to any other purposes described in the present document and in the Cookie Policy, if available.

Users are responsible for any third-party Personal Data obtained, published or shared through hyltonross.co.za and confirm that they have the third party's consent to provide the Data to the Owner.


Mode and place of processing the Data


Methods of processing

The Owner takes appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data.

The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Owner, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of hyltonross.co.za (administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner. The updated list of these parties may be requested from the Owner at any time.


Legal basis of processing

The Owner may process Personal Data relating to Users if one of the following applies:

Users have given their consent for one or more specific purposes. Note: Under some legislations the Owner may be allowed to process Personal Data until the User objects to such processing (“opt-out”), without having to rely on consent or any other of the following legal bases. This, however, does not apply, whenever the processing of Personal Data is subject to European data protection law;

provision of Data is necessary for the performance of an agreement with the User and/or for any pre-contractual obligations thereof;

processing is necessary for compliance with a legal obligation to which the Owner is subject;

processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Owner;

processing is necessary for the purposes of the legitimate interests pursued by the Owner or by a third party.

In any case, the Owner will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.


Place

The Data is processed at the Owner's operating offices and in any other places where the parties involved in the processing are located.

Depending on the User's location, data transfers may involve transferring the User's Data to a country other than their own. To find out more about the place of processing of such transferred Data, Users can check the section containing details about the processing of Personal Data.

Users are also entitled to learn about the legal basis of Data transfers to a country outside the European Union or to any international organization governed by public international law or set up by two or more countries, such as the UN, and about the security measures taken by the Owner to safeguard their Data.

If any such transfer takes place, Users can find out more by checking the relevant sections of this document or inquire with the Owner using the information provided in the contact section.


Retention time

Personal Data shall be processed and stored for as long as required by the purpose they have been collected for.

Therefore:
Personal Data collected for purposes related to the performance of a contract between the Owner and the User shall be retained until such contract has been fully performed.

Personal Data collected for the purposes of the Owner’s legitimate interests shall be retained as long as needed to fulfill such purposes. Users may find specific information regarding the legitimate interests pursued by the Owner within the relevant sections of this document or by contacting the Owner.

The Owner may be allowed to retain Personal Data for a longer period whenever the User has given consent to such processing, as long as such consent is not withdrawn. Furthermore, the Owner may be obliged to retain Personal Data for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority.

Once the retention period expires, Personal Data shall be deleted. Therefore, the right of access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after expiration of the retention period.


The purposes of processing

The Data concerning the User is collected to allow the Owner to provide its Service, comply with its legal obligations, respond to enforcement requests, protect its rights and interests (or those of its Users or third parties), detect any malicious or fraudulent activity, as well as the following: Analytics, SPAM protection, Tag Management, Interaction with live chat platforms, Remarketing and behavioral targeting, Displaying content from external platforms, Platform services and hosting, Contacting the User, Interaction with external social networks and platforms and Handling payments.

For specific information about the Personal Data used for each purpose, the User may refer to the section “Detailed information on the processing of Personal Data”.


Detailed information on the processing of Personal Data


Personal Data is collected for the following purposes and using the following services:


Analytics

The services contained in this section enable the Owner to monitor and analyze web traffic and can be used to keep track of User behavior.


Google Analytics (Google Inc.)

Google Analytics is a web analysis service provided by Google Inc. (“Google”). Google utilizes the Data collected to track and examine the use of hyltonross.co.za, to prepare reports on its activities and share them with other Google services.

Google may use the Data collected to contextualize and personalize the ads of its own advertising network.

Personal Data processed: Cookies; Usage Data.


Wordpress Stats (Automattic Inc.)

Wordpress Stats is an analytics service provided by Automattic Inc.

Personal Data processed: Cookies; Usage Data.


Contacting the User

Contact form (hyltonross.co.za)

By filling in the contact form with their Data, the User authorizes hyltonross.co.za to use these details to reply to requests for information, quotes or any other kind of request as indicated by the form’s header.

Personal Data processed: email address; first name; last name; phone number.

Phone contact (hyltonross.co.za)

Users that provided their phone number might be contacted for commercial or promotional purposes related to hyltonross.co.za, as well as for fulfilling support requests. Personal Data processed: phone number.


Displaying content from external platforms

This type of service allows you to view content hosted on external platforms directly from the pages of hyltonross.co.za and interact with them.

This type of service might still collect web traffic data for the pages where the service is installed, even when Users do not use it.


Google Maps widget (Google Inc.)

Google Maps is a maps visualization service provided by Google Inc. that allows hyltonross.co.za to incorporate content of this kind on its pages. Personal Data processed: Cookies; Usage Data.


YouTube video widget (Google Inc.)

YouTube is a video content visualization service provided by Google Inc. that allows hyltonross.co.za to incorporate content of this kind on its pages. Personal Data processed: Cookies; Usage Data.


Handling payments

Payment processing services enable hyltonross.co.za to process payments by credit card, bank transfer or other means. To ensure greater security, hyltonross.co.za shares only the information necessary to execute the transaction with the financial intermediaries handling the transaction.

Some of these services may also enable the sending of timed messages to the User, such as emails containing invoices or notifications concerning the payment.


PayPal (PayPal Inc.)

PayPal is a payment service provided by PayPal Inc., which allows Users to make online payments.

Personal Data processed: various types of Data as specified in the privacy policy of the service.

Place of processing: See the PayPal privacy policy – Privacy Policy.


Interaction with external social networks and platforms

This type of service allows interaction with social networks or other external platforms directly from the pages of hyltonross.co.za.

The interaction and information obtained through hyltonross.co.za are always subject to the User’s privacy settings for each social network.

This type of service might still collect traffic data for the pages where the service is installed, even when Users do not use it.

It is recommended to log out from the respective services in order to make sure that the processed data on hyltonross.co.za isn’t being connected back to the User’s profile.


Platform services and hosting

These services have the purpose of hosting and running key components of hyltonross.co.za, therefore allowing the provision of hyltonross.co.za from within a unified platform. Such platforms provide a wide range of tools to the Owner – e.g. analytics, user registration, commenting, database management, e-commerce, payment processing – that imply the collection and handling of Personal Data. Some of these services work through geographically distributed servers, making it difficult to determine the actual location where the Personal Data are stored.


WordPress.com (Automattic Inc.)

WordPress.com is a platform provided by Automattic Inc. that allows the Owner to build, run and host hyltonross.co.za. Personal Data processed: various types of Data as specified in the privacy policy of the service.

Place of processing: United States – Privacy Policy.


Remarketing and behavioral targeting

This type of service allows hyltonross.co.za and its partners to inform, optimize and serve advertising based on past use of hyltonross.co.za by the User. This activity is facilitated by tracking Usage Data and by using Trackers to collect information which is then transferred to the partners that manage the remarketing and behavioral targeting activity.

Some services offer a remarketing option based on email address lists.

In addition to any opt-out feature provided by any of the services below, Users may opt out by visiting the Network Advertising Initiative opt-out page.

Users may also opt-out of certain advertising features through applicable device settings, such as the device advertising settings for mobile phones or ads settings in general.


Remarketing with Google Analytics (Google LLC)

Remarketing with Google Analytics is a remarketing and behavioral targeting service provided by Google LLC that connects the tracking activity performed by Google Analytics and its Cookies with the Google Ads advertising network and the Doubleclick Cookie.

Personal Data processed: Cookies; Usage Data.

Place of processing: United States – Privacy Policy – Opt Out.


SPAM protection

This type of service analyzes the traffic of hyltonross.co.za, potentially containing Users' Personal Data, with the purpose of filtering it from parts of traffic, messages and content that are recognized as SPAM.


Google reCAPTCHA (Google Inc.)

Google reCAPTCHA is a SPAM protection service provided by Google Inc. The use of reCAPTCHA is subject to the Google privacy policy and terms of use. Personal Data processed: Cookies; Usage Data.

Place of processing: United States – Privacy Policy.


Tag Management

This type of service helps the Owner to manage the tags or scripts needed on hyltonross.co.za in a centralized fashion.

This results in the Users' Data flowing through these services, potentially resulting in the retention of this Data.


Google Tag Manager (Google LLC)

Google Tag Manager is a tag management service provided by Google LLC.

Personal Data processed: Usage Data. Place of processing: United States – Privacy Policy.


Information on opting out of interest-based advertising

In addition to any opt-out feature provided by any of the services listed in this document, Users may learn more on how to generally opt out of interest-based advertising within the dedicated section of the Cookie Policy.


The rights of Users


Users may exercise certain rights regarding their Data processed by the Owner.

In particular, Users have the right to do the following:

Withdraw their consent at any time. Users have the right to withdraw consent where they have previously given their consent to the processing of their Personal Data. Object to processing of their Data. Users have the right to object to the processing of their Data if the processing is carried out on a legal basis other than consent. Further details are provided in the dedicated section below.

Access their Data. Users have the right to learn if Data is being processed by the Owner, obtain disclosure regarding certain aspects of the processing and obtain a copy of the Data undergoing processing.

Verify and seek rectification. Users have the right to verify the accuracy of their Data and ask for it to be updated or corrected. Restrict the processing of their Data. Users have the right, under certain circumstances, to restrict the processing of their Data. In this case, the Owner will not process their Data for any purpose other than storing it.

Have their Personal Data deleted or otherwise removed. Users have the right, under certain circumstances, to obtain the erasure of their Data from the Owner. Receive their Data and have it transferred to another controller. Users have the right to receive their Data in a structured, commonly used and machine readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that the Data is processed by automated means and that the processing is based on the User's consent, on a contract which the User is part of or on pre-contractual obligations thereof.

Lodge a complaint. Users have the right to bring a claim before their competent data protection authority.

Details about the right to object to processing

Where Personal Data is processed for a public interest, in the exercise of an official authority vested in the Owner or for the purposes of the legitimate interests pursued by the Owner, Users may object to such processing by providing a ground related to their particular situation to justify the objection.

Users must know that, however, should their Personal Data be processed for direct marketing purposes, they can object to that processing at any time without providing any justification. To learn, whether the Owner is processing Personal Data for direct marketing purposes, Users may refer to the relevant sections of this document.


How to exercise these rights


Any requests to exercise User rights can be directed to the Owner through the contact details provided in this document. These requests can be exercised free of charge and will be addressed by the Owner as early as possible and always within one month.


Cookie Policy


Hyltonross.co.za uses Trackers. To learn more, the User may consult the Cookie Policy.


Additional information about Data collection and processing


Legal action


The User's Personal Data may be used for legal purposes by the Owner in Court or in the stages leading to possible legal action arising from improper use of hyltonross.co.za or the related Services.

The User declares to be aware that the Owner may be required to reveal personal data upon request of public authorities.


Additional information about User's Personal Data


In addition to the information contained in this privacy policy, hyltonross.co.za may provide the User with additional and contextual information concerning particular Services or the collection and processing of Personal Data upon request.


System logs and maintenance


For operation and maintenance purposes, hyltonross.co.za and any third-party services may collect files that record interaction with hyltonross.co.za (System logs) use other Personal Data (such as the IP Address) for this purpose.


Information not contained in this policy


More details concerning the collection or processing of Personal Data may be requested from the Owner at any time. Please see the contact information at the beginning of this document.


How “Do Not Track” requests are handled

Hyltonross.co.za does not support “Do Not Track” requests.

To determine whether any of the third-party services it uses honor the “Do Not Track” requests, please read their privacy policies.


Changes to this privacy policy


The Owner reserves the right to make changes to this privacy policy at any time by notifying its Users on this page and possibly within hyltonross.co.za and/or - as far as technically and legally feasible - sending a notice to Users via any contact information available to the Owner. It is strongly recommended to check this page often, referring to the date of the last modification listed at the bottom.

Should the changes affect processing activities performed on the basis of the User’s consent, the Owner shall collect new consent from the User, where required.


Definitions and legal references


Personal Data (or Data)

ny information that directly, indirectly, or in connection with other information — including a personal identification number — allows for the identification or identifiability of a natural person.


Usage Data

Information collected automatically through hyltonross.co.za (or third-party services employed in hyltonross.co.za), which can include: the IP addresses or domain names of the computers utilized by the Users who use hyltonross.co.za, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server's answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the User, the various time details per visit (e.g., the time spent on each page within the Application) and the details about the path followed within the Application with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User's IT environment.


User

The individual using hyltonross.co.za who, unless otherwise specified, coincides with the Data Subject.


Data Subject

The natural person to whom the Personal Data refers.


Data Processor (or Data Supervisor)

The natural or legal person, public authority, agency or other body which processes Personal Data on behalf of the Controller, as described in this privacy policy.


Data Controller (or Owner)

The natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of Personal Data, including the security measures concerning the operation and use of hyltonross.co.za. The Data Controller, unless otherwise specified, is the Owner of hyltonross.co.za.


hyltonross.co.za (or this Application)

The means by which the Personal Data of the User is collected and processed.


Service

The service provided by hyltonross.co.za as described in the relative terms (if available) and on this site/application.


European Union (or EU)

Unless otherwise specified, all references made within this document to the European Union include all current member states to the European Union and the European Economic Area.


Cookie

Cookies are Trackers consisting of small sets of data stored in the User's browser.


Tracker

Tracker indicates any technology - e.g Cookies, unique identifiers, web beacons, embedded scripts, e-tags and fingerprinting - that enables the tracking of Users, for example by accessing or storing information on the User’s device.


Legal information

This privacy statement has been prepared based on provisions of multiple legislations, including Art. 13/14 of Regulation (EU) 2016/679 (General Data Protection Regulation).


This privacy policy relates solely to hyltonross.co.za, if not stated otherwise within this document.