Privacy Policy

“We” or “Our” is a reference to LABOURDRIVE (Pty) Ltd [abbreviated as “LD”] (hereinafter referred to as “we”/”our”), who will at all times seek to comply with data protection legislation and related best practice principles. We will strive to meet the overall objective/s regarding the personal information we hold about “you” and/or “your organization” (a subscriber to the LD website/Platform) and in doing so such information shall be:

1. a) Consensually procured and received, and/or procured and received for a legitimate purpose; and
2. b) Used lawfully, fairly and in a transparent way; and
3. c) Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes and limited only to those purposes; and
4. d) Accurate and kept up to date, whether through your unrestricted access to such information or otherwise; and
5. e) Kept for only as long as it is necessary, for the purposes we have disclosed to you; and to the best of our ability; 
6. f) Kept securely.

WHAT INFORMATION MAY WE COLLECT FROM YOU?

Generally, personal data, or personal information*, means any information about an individual from which that person can be identified. This includes various kinds of information that arises from the following legitimate processes & activities:

1. Your voluntary registration and subscription to the LD website/platform – including to enable you to access the services and/or products offered by LD and related materials; and
2. To enable you to sign up for any LD demo’s and related promotions; and
3. To enable you to create a LD account; and
4. To enable you to access LD content and marketing materials; and

5 To enable you to purchase and access any LD subscription offering/s and/or related offerings. 

Based on the above legitimate processes & activities, we may collect, store, and use the following categories of personal information* about you and/or your organization:

1. a) Personal contact details such as name/s, title/s, addresses, telephone numbers, and personal or business email addresses.
2. b) Personal identity numbers, demographic information and related information.
3. c) Financial data such as bank account information and/or credit card details.
4. d) Information about your usage and access of our information and communications systems, including user-names and passwords.
5. e) Photographs, video footage or other digital and/or media content.
6. f) Location information. 
7. g) Organizational and related information as more particularly set out below:

• Details about the type of business you operate; and
• Details about your company and related corporate information; and
• Details about your employees, including staff records and related information; and
• Personal information (as defined below) about your employees. 

*NOTE “Personal information” is defined broadly in the POPIA legislation and includes:

• Any kind of ID or contact information

• Biometrics

• Demographic information (language, race, marital status, etc.)

• Information about education

• Usernames and passwords

• Financial, employment, and criminal records

UNDER WHAT CIRCUMSTANCES MAY WE PROCESS INFORMATION WE COLLECT FROM YOU?

Examples of the situations in which we will process your personal information may be one or more of the following situations, including, but not necessarily limited to*: 

• Apart from what is listed under 1 to 5 above, administering or managing your online account or in relation to a particular contract that we have with you; 
• Business management and/or related aspects, including accounting and auditing;
• To provide you, or allow third parties to provide you, with information, about our products or services including content and advertising tailored to your interests;
• To send you marketing or promotional information from time to time. We will only contact you with information about our products and/or services which we consider will be of interest to you. You have the right to object to us sending you this information at any time (please see further below); 
• Dealing with any legal issues or disputes we may have with you;
• To notify you about changes or developments to our App/Platform or any of the Services or products we offer;
• To ensure that content is presented in the most effective manner for you or your organization or in relation to any approved connected device/s.
• To comply with our legal obligations as required by legislation or best practice protocols;
• To administer our Platform/App, and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
• To maintain, protect and improve our Platform/App and/or related Sites;
• To ensure network and/or information security, including preventing unauthorised access to our Platform/App and/or electronic communications systems and/or preventing malicious software distribution;
• As part of our efforts to keep our Platform/App safe and secure.

 

*NOTE – 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 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. 

*NOTE FURTHER – We may associate any category of information with any other category of information and will treat the combined information as personal data in accordance with this policy for as long as it is combined.

ARE THERE CONSEQUENCES IF YOU FAIL TO SUPPLY THE REQUIRED PERSONAL INFORMATION?

If you fail to supply us with the personal information required (depending on the context, as outlined in previous sections), the following potential consequences may apply:

1. i) We will not be able to process or maintain your online account; and/or
2. ii) We will be unable to supply you with access to or ongoing access to the content and materials on our website/Platform/App, depending on your requirements; and/o

iii) We will be unable to supply you with and/or maintain ongoing membership to our website/Platform/App, depending on your requirements; and/or

1. iv) We will not be able to supply with access to and/or maintain your subscription to our website/Platform/App and related services and products, depending on your requirements; and/or
2. v) We will be unable to enter into and/or maintain the ongoing management or administration of any contract/s that are available to you through our website/Platform/App, depending on your/our requirements.

WILL THERE BE ANY DATA SHARING OF THE INFORMATION WE COLLECT FROM YOU?

Depending on the relevant context and specific circumstances:

1. We may have to share your data with certain select third parties, including third-party service providers.
2. Where applicable, we may also disclose your personal information to any of our business affiliate/s, which includes our subsidiaries and if applicable, our ultimate holding company and/or its subsidiaries
3. We may share your personal information with certain third parties where required by law, where it is necessary to administer existing or ongoing relations with you or where we have other legitimate interests in doing so. 
4. Our select third-party service providers and affiliated members are required to take appropriate security measures to protect your personal information. We do not allow our third-party service providers to use your personal data for their own purposes. We only permit them to process your personal data for specified purposes and in accordance with our particular instructions/requirements.
5. Generally, we may also share your personal information with:

• Appstore or related service providers, where relevant;
• Advertisers or promotional platforms and/or advertising networks that require the data to select and serve relevant adverts to you and others;
• Analytics and/or search engine providers that assist us in the improvement and optimisation of our website/s/Platform/s;
• Your mobile network operator or service provider;
• Payment-processing services providers or online payment gateway platforms, in the event of purchases;

 

WHERE IS THE PERSONAL INFORMATION WE COLLECT FROM YOU STORED?

Regarding the storage of information that you supply to us:

1. a) We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.
2. b) All information you provide to us is stored on secure servers. 
3. c) Any payment transactions carried out by us or our chosen third-party provider of payment processing services will be encrypted. 
4. d) Where we have given you (or where you have chosen) a password that enables you to access our Platform/App/Website/s, you are responsible for keeping this password confidential. We request that you do not share a password with anyone.

WHAT ARE OUR DATA SECURITY MEASURES AND OUR DATA RETENTION PROTOCOLS?

We have put in place certain measures to protect the security of your information: 

1. Select third parties will only process your personal information on our instructions and where they have agreed to treat the information confidentially and to keep it secure.
2. We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in any unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and/or other third parties who have a business/legitimate need to know. They will only process your personal information on our instructions, and they are subject to a duty of confidentiality.
3. We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.
4. We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting or related requirements.  
5. When determining the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
6. In certain circumstances, we may anonymise your personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you.  
7. We will retain and securely destroy your personal information in accordance with applicable laws and regulations.

WHAT ARE YOUR RIGHTS IN RELATION TO THE PERSONAL INFORMATION YOU SUPPLY?

Under certain circumstances, by law you have the right to:

1. a) Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
2. b) Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected or updated.
3. c) Request erasure of your personal information (subject to the potential consequences that would follow if we no longer have access to the required personal information). This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).
4. d) Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground (subject to the potential consequences that would follow if we no longer have access to the required personal information). You also have the right to object where we are processing your personal information for direct marketing purposes.
5. e) Request the restriction of processing of your personal information (subject to the potential consequences that would follow if we are restricted from processing the required personal information).  This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.

HOW TO COMPLAIN IF YOU THINK YOUR INFORMATION IS BEING MISUSED, INCLUDING HOW TO CONTACT THE INFORMATION REGULATOR

We take the storing and management of your personal information seriously – please take special note of the following procedures and communication channels:

• Who to contact if you wish to lodge a complaint or query or have any questions regarding your data privacy or personal information:

• The Information Officer: Jason Moodley; or
• Alternate Information Officer: Chris Haralambous 
• Email: jason@labourdrive.com or chris@labourdrive.com 
• Telephone Number: 031-5760316
• c/o Shop 1, 39 Ashley Avenue, Glenashley, Durban North, 4051, RSA

• How to lodge your data privacy complaint or query relating to your personal information and what steps apply to our Internal Resolution Procedure:

 

Filing requirements:	Please specify the personal information that you have a complaint or query about in detail.
Nature of complaint/issue or concern or query:	Please describe what your complaint/issue or query or concern is about in detail, so that we can understand the issue or problem.
Relevant documents:	If your personal information is contained within certain specific documents, please clearly identify those related documents.
Preferred contact methods:	Please tell us exactly how you prefer to be contacted and with whom we should communicate in response to your complaint/query/issue.
Timeline for acknowledgment:	We will strive to confirm receipt of your complaint/query/issue within 48 – 72 hours.
Investigation & feedback period:	We will strive to investigate and supply you with a result/resolution within 10 to 14 business days.

• Who to contact and what to do if you are dissatisfied with the outcome or result of our internal resolution process:

You have the legal right to escalate your data privacy complaint/query/issue to the Information Regulator South Africa:	Located in: JD House Address: 27 Stiemens St, Braamfontein, Johannesburg, 0001, South Africa Phone: +27 10 023 5200 https://inforegulator.org.za/
You may lodge an external complaint via the official eService portal:	https://inforegulator.org.za/complaints/