POPIA Policy

1. Our Commitment

ER Inc Tech aims to process personal information:

• Lawfully and reasonably;
• In a manner that does not unnecessarily infringe privacy;
• For specific and legitimate purposes;
• Only to the extent reasonably necessary;
• In a manner that is reasonably accurate;
• Securely and confidentially; and
• In accordance with applicable legal requirements.

We aim to limit access to personal information to people or service providers who reasonably require access for legitimate business or service purposes.

2. What Is Personal Information?

Personal information generally refers to information relating to an identifiable, living natural person and, where applicable, an identifiable existing juristic person.

Depending on the circumstances, this may include:

• Names;
• Contact details;
• Email addresses;
• Telephone numbers;
• Identification or account information where legitimately required;
• Business information;
• Correspondence;
• Website or service information;
• Technical information;
• Billing information; and
• Other information that can reasonably be associated with an identifiable person or entity.

3. Information We May Process

Website Visitor Information

Technical and usage information associated with your visit to our website, where applicable.

Enquiry Information

Information provided when you contact us or request information about our services.

Client Information

Information necessary to provide website design, development, maintenance, upgrades, support or other digital services.

Business Information

Information relating to a Client's business where that information is reasonably necessary to provide the requested service.

Communication Information

Records of communications, enquiries, requests, approvals and other business correspondence.

4. Purposes of Processing

ER Inc Tech may process personal information for purposes including:

1. Responding to enquiries;
2. Preparing quotations and proposals;
3. Providing contracted services;
4. Managing Projects;
5. Providing technical support;
6. Communicating with Clients;
7. Managing payments and invoices;
8. Maintaining business and financial records;
9. Managing website security;
10. Preventing fraud or misuse;
11. Improving our services and website;
12. Complying with legal obligations; and
13. Other purposes permitted by applicable law.

Personal information should not be collected or used indiscriminately. POPIA establishes conditions concerning lawful processing, purpose specification, further processing and information quality.

5. Lawful Processing

ER Inc Tech will process personal information only where there is an appropriate lawful basis or other justification under applicable law.

Depending on the circumstances, processing may be necessary because:

• You have consented to the processing;
• Processing is necessary to perform a contract or take steps requested before entering into a contract;
• Processing is necessary to comply with a legal obligation;
• Processing protects a legitimate interest where permitted;
• Processing is necessary to protect a person's legitimate interests; or
• Another lawful justification applies.

Where consent is relied upon, ER Inc Tech will seek consent in an appropriate manner and recognise applicable rights relating to withdrawal of consent.

6. Collection of Personal Information

Where reasonably practical, ER Inc Tech will collect personal information directly from the person to whom it relates.

We may also receive information from:

• A Client's authorised representative;
• A business contact;
• A service provider;
• A website or technical service;
• Publicly available sources where lawful; or
• Another lawful source.

We aim to collect information that is reasonably relevant to the purpose for which it is required.

7. Minimality

ER Inc Tech aims to collect only personal information that is reasonably necessary for the relevant business or service purpose.

We do not seek to collect sensitive personal information merely because it is available.

Where sensitive or special personal information is required for a legitimate purpose, we will consider the additional requirements that may apply under POPIA.

8. Information Quality

ER Inc Tech aims to take reasonable steps to ensure that personal information used for a particular purpose is accurate, complete and not misleading.

Clients and other individuals are encouraged to notify us when their information changes.

9. Transparency

Where appropriate, ER Inc Tech will provide information about:

• Who is processing the information;
• Why the information is being collected;
• What information is required;
• How the information may be used;
• Relevant third parties or operators;
• Applicable rights; and
• How to contact us regarding privacy matters.

Our Privacy Policy provides additional information about the categories of personal information we may process.

10. Operators and Third-Party Service Providers

ER Inc Tech may use third-party service providers to operate our business and provide services.

These may include providers of:

• Website hosting;
• Cloud storage;
• Email;
• Domain services;
• Website software;
• Plugins;
• Payment processing;
• Technical services;
• Analytics; and
• Other digital infrastructure.

Where a service provider processes personal information on our behalf, we aim to ensure that appropriate contractual, confidentiality and security requirements are applied.

POPIA requires operators to process personal information only with the knowledge or authorisation of the responsible party and to treat such information as confidential, subject to applicable exceptions.

11. Security Safeguards

ER Inc Tech takes reasonable technical and organisational measures to protect personal information against:

• Loss;
• Damage;
• Unauthorised access;
• Unauthorised disclosure;
• Unauthorised alteration;
• Misuse; and
• Other reasonably foreseeable risks.

Security measures may include appropriate passwords, access controls, software updates, backups and other safeguards appropriate to the circumstances.

12. Security Compromises

If ER Inc Tech becomes aware of a security compromise involving personal information, we will assess the incident and take reasonable steps required by applicable law.

Where POPIA requires notification of a security compromise, ER Inc Tech will follow the applicable notification requirements.

POPIA provides requirements concerning notification where personal information has been accessed or acquired by an unauthorised person.

13. Retention of Personal Information

Personal information will not be retained indefinitely without a legitimate reason.

ER Inc Tech may retain information where necessary for:

• Providing services;
• Maintaining business records;
• Accounting and tax requirements;
• Resolving disputes;
• Establishing or defending legal claims;
• Meeting contractual obligations;
• Meeting legal obligations; or
• Other lawful purposes.

When information is no longer required, it may be securely deleted, destroyed or anonymised where appropriate.

POPIA includes requirements concerning the retention and destruction of personal information.

14. Data Subject Rights

Subject to applicable legal conditions and limitations, individuals may have rights including:

• The right to access personal information;
• The right to request correction;
• The right to request deletion where applicable;
• The right to object to certain processing;
• The right to object to direct marketing;
• The right to withdraw consent where applicable;
• The right to request restriction of processing in applicable circumstances; and
• The right to complain about unlawful processing.

Requests should be made using the contact details provided below.

15. Direct Marketing

ER Inc Tech may use contact information for direct marketing only where permitted under applicable law.

Where applicable, individuals may object to or opt out of direct marketing communications.

ER Inc Tech will respect applicable requirements relating to electronic direct marketing.

16. Cookies and Electronic Tracking

ER Inc Tech may use cookies and similar technologies where required for website operation, security, analytics, preferences or other legitimate purposes.

The use of cookies may depend on the services and technologies installed on the website at any particular time.

Users can generally control cookies through their browser settings.

17. Cross-Border Transfers

Certain service providers used by ER Inc Tech may operate or store information outside South Africa.

Where personal information is transferred across borders, ER Inc Tech will consider the requirements of POPIA and other applicable law.

Certain categories of cross-border transfers may require additional safeguards or authorisation depending on the circumstances.

The Information Regulator notes that POPIA contains specific prior-authorisation requirements for certain higher-risk processing activities, including specified international transfers involving special personal information or children's information.

18. Special Personal Information

ER Inc Tech does not ordinarily require special personal information to provide standard website design and digital services.

Where such information is processed, we will consider whether additional requirements under POPIA apply.

Special personal information may include categories such as information concerning health, race or ethnic origin, religious or philosophical beliefs, political persuasion, trade-union membership, sex life, criminal behaviour and biometric information, subject to the definitions and exceptions contained in applicable law.

19. Children's Information

ER Inc Tech does not ordinarily seek to collect personal information belonging to children.

Where children's personal information is processed, we will consider the specific requirements and protections applicable under POPIA.

20. Complaints

If you believe that ER Inc Tech has not handled your personal information appropriately, we encourage you to contact us first so that we can investigate the matter.

You may also contact the Information Regulator of South Africa regarding POPIA-related concerns or complaints.

The Information Regulator provides services for POPIA complaints and security-compromise reporting through its eServices platform.

21. Information Regulator

The Information Regulator is the independent statutory body responsible, among other functions, for monitoring and enforcing compliance with POPIA.

22. Information Officer

ER Inc Tech will maintain the appropriate arrangements for its Information Officer in accordance with applicable requirements.

23. Changes to This Policy

ER Inc Tech may update this POPIA Policy when necessary to reflect changes to:

• Applicable legislation;
• Regulatory requirements;
• Business practices;
• Website technology;
• Third-party services; or
• The way personal information is processed.

The latest version will be published on this website with an updated “Last Updated” date.

24. Contact ER Inc Tech

For questions, requests or concerns relating to personal information and privacy, contact: