Privacy Notice

Introduction

Kinetic Skunk ITS respects the privacy of its customers, suppliers, partners and third parties’ personal information we may process in the course of business. We have therefore formulated and implemented a policy on complete transparency regarding the processing of personal data, its purpose(s) and the possibilities to exercise your legal rights in the best possible way. For employees, we have formulated a separate privacy policy, available upon employment and upon request.

Definitions

Party responsible for processing Personal Data: Kinetic Skunk ITS; with registered address at 2nd Floor, Belmont Office Park, Belmont Office Park, Rondebosch in South Africa and company registration number 2021/600/548/07 (the “Responsible Party”).
Data Protection Authority: The Information Regulator of South Africa
Data Protection laws: The Protection of Personal Information Act 4 of 2013 (“POPIA”) and/or other prevailing privacy legislation.

Collection of data

  • Your Personal Data will be collected by Kinetic Skunk ITS and its operators.
  • Personal Data means any personal information relating to an identifiable living natural person, or to an identifiable, juristic person (‘data subject’).
  • An identifiable data subject is one which can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification/registration number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
  • We endeavour to collect and process information, which has been collected directly from you, but may obtain and process same from third parties if in your legitimate interest, if lawfully required or it such information is already in the public domain. We will only process such information which is necessary for purposes set out herein. Should you refuse/decline to provide pertinent information required by Kinetic Skunk ITS, we may refuse to provide the requested services and/or conclude the agreement with you.

The types of Personal Data we may process:

Business processTypeData subjectLegal basis
WebsiteIdentification, LocationCustomersConsent
EmailIdentification, LocationCustomer, EmployeesLegitimate interest
Storage and exchange of documentsNot applicableNot applicableLegitimate interest
Delivery of goods and servicesIdentification, Financial, Location, ContractsCustomersPerformance of a contract
Financial and business administrationIdentification, Financial, Date of Birth, Educational and employment history, Copy of ID, Health, Location, Social Security Number, ContractsCustomers, Employee, ContractorsLegitimate interest
MarketingIdentification, LocationCustomers, Contractors, Suppliers, PartnersConsent

Purposes

Kinetic Skunk ITS processes personal data for one or more of the following purposes:

  • Customer, employee, contractor, partner or supplier management
  • Business and financial
  • administration Direct marketing
  • Delivery of goods or services
  • Work planning

How we collect, store or otherwise process your data:

The following business processes describe how we may collect, store or otherwise process the types of personal information set out in the table above:

  • Collection of cookies, subscription to newsletter or filling out the contact form on the website(s);
  • Analyse trends and profiles, for our legitimate interest to aim to enhance, modify, personalise and improve our services and communications for the benefit of our customers;
  • Process and respond to support requests, enquiries and complaints received from you through use of business email;
  • Provide services and products requested and/or purchased by you and to communicate with you about such services and/or products. We do this as necessary in order to carry out a contract with you and in accordance with our legitimate interest to operate a business;
  • Carry out administrative activities such as invoicing and collecting payments either locally on devices or using cloud-services;
  • Store and exchange personal information contained in documents through email and cloud-services;
  • Marketing and customer acquisition through email or using cloud-services.

Sharing data with third parties

We may have to share your data with third parties, including service providers, in the course of our normal business operations. We will however ensure that the said recipients comply with POPIA or equivalent legislation.

International data transfers

The third parties we have engaged for the abovementioned business process may transfer your personal information to outside of South Africa. Kinetic Skunk ITS’s operators take all necessary measures to ensure the confidentiality, availability and integrity of Personal Data and to comply with POPIA or other prevailing legislation with regards to international data transfers. The international nature of its compliance certifications, as well as far-reaching technical security measures (including but not limited to encryption of the Personal Data, making the data illegible to an unauthorised recipient) are sufficient to ensure that the data subjects continue to benefit from the fundamental rights they are entitled to under POPIA.

Kinetic Skunk ITS relies on processing agreements with these sub-operators that include the model clauses (or “Standard Contractual Clauses”) which have been tested on the adequacy of its protection with regards to the specific sub-processing activities carried out in this particular sub-processing relationship.

Additional security measures are taken to safeguard the international data transfers:

  • Encryption;
  • Anonymisation;
  • Pseudonymisation.

Storage and protection of data

Your data is protected by Kinetic Skunk ITS and its operators in pursuance to all legal requirements set by the relevant data processing laws. Kinetic Skunk ITS has taken technical and organizational security measures to protect your data and requires its operators to meet the same requirements. Kinetic Skunk ITS has signed processing agreements with its operators to ensure an adequate level of data protection.

The following security measures are taken by Kinetic Skunk ITS to protect your Personal Data in the course of the listed business processes:

Organisational security measures

Staff

Kinetic Skunk ITS staff members are required to conduct themselves in a manner consistent with Kinetic Skunk ITS’s guidelines regarding confidentiality, business ethics, appropriate usage, and professional standards. All staff members undergo appropriate background checks prior to hiring and sign a confidentiality agreement outlining their responsibility in protecting customer data.

We continuously train staff members on best security practices, including how to identify social hacks, phishing scams, and hackers.

Access controls

Kinetic Skunk ITS maintains your data privacy by allowing only authorized individuals access to information when it is critical to complete tasks for you. Kinetic Skunk ITS staff members will not process customer data without authorization.

Data hosting

As a rule, data is hosted within South Africa, but it is possible that we might transfer Personal Data to countries within the EEA, to the UK or in exceptional circumstances outside of those areas. We ensure that we comply with the prescripts of POPIA when sending data overseas by relying on data processing agreements containing standard contractual clauses with our sub-operators or by taking additional measures to secure this data transfer, such as anonymisation.

Physical security

The data centers’ on which personal data is hosted are secured and monitored 24/7 and physical access to facilities is strictly limited to select staff.

Technical security measures

All devices which are used to access personal data for which we are responsible are secured with antivirus software, firewalls, encryption and access management. We regularly update operating systems and software to ensure vulnerabilities cannot be exploited.

We carry out regular vulnerability scanning of our website and have engaged credentialed external auditors to verify the adequacy of our security and privacy measures.

Your rights regarding information

Each data subject has the right to information on and access to, and rectification, erasure and restriction of processing of their personal data.

You can exercise these rights by contacting us at the following email address: [email protected]. Each request must be accompanied by a copy of a valid ID, on which you put your signature and state the address where we can contact you. Ensure that you write “Data Request” in the subject line of your email.

We will respond to your request within 14 (fourteen) days of receipt thereof. This will however depend on the nature of the information requested and its accessibility. Depending on the complexity, number of requests received and location of information, this period may be extended to two months.

You further have the right to approach the Information Regulator of South Africa via email at [email protected] (for concerns regarding our processing of your personal information)
or
[email protected] (for concerns regarding the processing of your request for access to information). 

Marketing

  • You may opt-in to receiving marketing information from Kinetic Skunk ITS. If you wish to opt out from receiving such communications, please send us an email to the following address: [email protected] and ensure that you write “Data Opt- Out” in the subject line of your email.
  • Your personal data will not be used by our partners for commercial purposes.
  • If you encounter any personal data from other data subjects while visiting our website, you are to refrain from collection, any unauthorized use or any other act that constitutes an infringement of the privacy of the data subject(s) in question. The collector is not responsible in these circumstances.

Data retention

The collected data is used and retained for the duration determined by law. You may, at any time, request your data to be deleted from any Kinetic Skunk ITS account, system or other data processing medium in accordance with the process described above.

Promotion of Access to Information Act:

In compliance with the provisions of the Promotion of Access to Information 2 of 2002 (PAIA), a copy of our PAIA manual is available for perusal via our website www.kineticskunk.com.

Applicable law

These conditions are governed by South Africa legislation. The court in the district where the Responsible Party has its place of business has the sole jurisdiction if any dispute regarding these conditions may arise, save when a legal exception applies.

Contact

For questions about this privacy notice, product information or information about the website itself, please contact: [email protected].

Concerns, queries and complaints regarding Kinetic Skunk ITS’s processing of your personal information, please email: [email protected]