Privacy and Data Security Policy

Welcome to LANCEWOOD's® website at https://www.lancewood.co.za ("our website" or "the LANCEWOOD® website").

This Privacy and Data Security Policy ("Privacy Policy") sets out the basis on which we, LANCEWOOD® HOLDINGS, a division of Libstar Operations (Pty) Ltd with registration number 2014/062496/07 ("LANCEWOOD®"), uses or processes your personal or business data when you use our website or any Services and software provided by us. It is to be read with together with our website terms and conditions set out at https://www.lancewood.co.za ("the Terms of Use" or "TOU").

The aforementioned information falls into two categories:

A. Data information required for you to use the LANCEWOOD® Services;

B. Data or information in any format inputted or uploaded to our website by yourself ("Subscriber Data").

1. INTERPRETATION

1.1 Administrator

means an individual appointed by LANCEWOOD® or the Customer to carry out administrative and managerial tasks that control the access and usage by yourself and other of the LANCEWOOD® Services and services ancillary thereto;

1.2 Consent

means any voluntary, specific and informed expression of will in terms of which permission is given for the processing of personalinformation,asdefinedinthe Protection of Personal Information Act 4 of 2013;

1.3 Customer

shall have the meaning set out in clause 15;

1.4 Data Subject

means the person to whom the personal information relates (can also be the "Customer");

1.5 De-Identify

in relation to personal information of a data subject, means to delete any information that identifies the data subject, can be used or manipulated by a reasonably foreseeable method to other information that identifies the data subject;

1.6 Electronic Communication

means any text, voice, and sound or image message sent over an electronic communications network which is stored in the network or in the recipient's terminal equipment until it is collected by the recipient;

1.7 Information Officer

as defined in section 1 of means in relation to a public body, means an information officer as contemplated in terms of section 1 or 17 of POPI, or a private body as contemplated in section 1 of PAIA;

1.8 Operator

means a person who processes personal information for a responsible party in terms of a contract of mandate, without coming under the direct authority of that party;

1.9 PAIA

means the Promotion to Access of Personal Information Act 2 of 2000;

1.10 PersonalInformation

as defined in Chapter 1 of the Protection of Personal Information Act 4 of 2013;

1.11 POPI

means the Protection of Personal Information Act 4 of 2013;

1.12 Processing

means any operation or activity or any set of operations, whether or not by automatic means, concerning personal information, including the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use, dissemination by means of transmission, distribution or making available in any other form or merging, linking (as well as restricting) degradation, erasure or destruction of information;

1.13 Responsible Party

as defined in Chapter 1 of the Protection of Personal Information Act 4 of 2013;

1.14 Services

any applications, software or services made accessible to you through our website, including without limitation: (a) Applications (if any); and (b) registering as a Customer on our website to receive our newsletter.

1.15 Subscriber Data

means any data or information in any format inputted or uploaded or given to LANCEWOOD® via our website by any person to this agreement other than LANCEWOOD®;

1.16 Third Party Applications

means software or Applications (if any) that can be accessed through our website that are not provided by or operated by LANCEWOOD® or a member of the LANCEWOOD® group of companies;

1.17 User Policies

means this Privacy Policy (as amended from time to time), the TOU (as amended from time to time), and all other policies published on our website from time to time;

1.18 Virus

means a thing or device (including software, code, file or programme) which may prevent and / or impair or otherwise adversely affect the operation of any computer's software and / or hardware or network and / or any telecommunications service, equipment or network or any other service or device and / or prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole, part or otherwise); or adversely affect the user experience, including worms, Trojan Horses, viruses and other similar things or devices;

2. APPLICATION OF THIS PRIVACY POLICY

2.1 When deciding to register on our website the user / consumer /customer will need to submit certain information. These actions are regulated by the Constitution of South Africa, Act 108 of 1994, the POPI and PAIA (as defined above). This Privacy Policy deals with the collection, storage, access, variation, processing and sharing and final deletion of such information.

3. CHANGES TO THE PRIVACY POLICY

3.1 Any changes which LANCEWOOD® may make to this Privacy Policy in the future will be posted on this page and, where appropriate, notified to you in such a manner as LANCEWOOD® will consider the most suitable for the majority of the users of our website and Services. Please contact LANCEWOOD® frequently for updates or changes to this Privacy Policy.

4. CONTACT

4.1 In terms of POPI, an Information Officer (section 55) is appointed to regulate any questions, comments and requests regarding this Privacy Policy which are welcomed and should be addressed to LANCEWOOD's® South African Information Officer at info@lancewood.co.za. Should you have any question or request regarding the type and amount of information LANCEWOOD® keeps on record, you may request same via Section 23 of POPI (with the provisions of sections 18 and 53 of PAIA being applicable) and/or Section 14 and 51 of PAIA.

5. COOKIES

5.1 Cookies contain information that is transferred to the computer's hard drive. You as the user can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. Subject to the aforementioned, if you use your browser settings to block all cookies (including essential cookies) you may find that your use of online services or websites may be impacted or become limited.

5.2 LANCEWOOD® uses cookies to distinguish all users. This helps LANCEWOOD® to provide our users with the most appropriate experience when using the LANCEWOOD® Services. It further allows us to improve our customer service, known as the "LANCEWOOD® Service". You hereby agree that the following cookies may be used by any of the LANCEWOOD® Services:

5.2.1 Strictly necessary cookies. These are cookies that are required for the operation of the LANCEWOOD® Services. They include, for example, cookies that enable a user to log in on our website.

5.2.2 Analytical/performance cookies. These cookies allow LANCEWOOD® to recognise and count the number of visitors and to see how visitors move around any of the LANCEWOOD® Services when they are using them. This helps LANCEWOOD® to improve the way the LANCEWOOD® Services work, for example, by ensuring that users are finding what they are looking for easily.

5.2.3 Functionality cookies. These are used to recognise a user when returning to the LANCEWOOD® Services. This enable LANCEWOOD® to personalise our content and remember preferences (for example, choice of language and region).

5.3 Please note that Third Parties, including, for example, providers of Third Party Applications accessible through our website(if any), may also use cookies over which LANCEWOOD® have no control. Please see the relevant provisions in the TOU with regard to Third Party Applications.

5.4 The user herewith agrees that cookies do not amount to automated decision making in terms of Section 5(g) read with section 71 of POPI.

6. PASSWORDS

6.1 Your access to the LANCEWOOD® Services shall only be possible by use of one or more password(s). You are responsible for keeping your password(s) confidential. LANCEWOOD® asks you not to share any password with anyone. We recommend that you change it no less frequently than every two (2) months. If you believe the confidentiality of your password has been compromised in any way or you have forgotten it then you should reset the password immediately and inform the administrator responsible for your access to the LANCEWOOD® Service immediately.

7. ADMINISTRATION ACCESS

7.1 Where there is an Administrator overseeing your access to the LANCEWOOD® Service then that administrator may be able to attend to the following:

7.1.1 disclose, restrict, delete or access your Subscriber Data; and

7.1.2 control, amend or remove your access or some of your personal information.

7.2 Any such access or use is outside of LANCEWOOD's® control. Please speak to your administrator about your rights in this regard.

8. DATA PROCESSING

8.1 In terms of POPI, all data processing will only take place as provided for in the act, lawfully and with the consent of the customer / data subject and user. The data processing will take place on the basis that:

8.1.1 the responsible person (LANCEWOOD®) will be held accountable and ensure that all responsibilities are met;

8.1.2 the processing will take place lawfully, reasonably and does not infringe the privacy of the data subject;

8.1.3 the information requested will be minimal;

8.1.4 the necessary consent has been given;

8.1.5 the data is collected directly from the data subject or it has consented for collection from another source;

8.1.6 there is a specific purpose for the information;

8.1.7 the quality of the information has been updated, completed, and is accurate and not misleading;

8.1.8 the necessary notification has been given to the data subject that personal information is being collected; and

8.1.9 the necessary security measures have been taken.

9. INFORMATION WHICH LANCEWOOD® MAY COLLECT FROM YOU

9.1 By agreeing to this Privacy Policy, you consent that LANCEWOOD® may collect and process the following information from yourself:

9.1.1 Information given to LANCEWOOD® by yourself. You may give LANCEWOOD® information about yourself by completing certain forms that allow you to use and be granted access to Services made available to you by LANCEWOOD® via the LANCEWOOD® Website or by corresponding with LANCEWOOD® by phone, email or otherwise. This includes information you provide when you register to use the LANCEWOOD® Services (including if that registration is carried out via one of our approved resellers or distributors), download or otherwise input or access Subscriber Data (but not the content of the Subscriber Data) or otherwise use or report a problem with the LANCEWOOD® Services. This information you give LANCEWOOD® may include your name, address, email address, telephone number, Facebook login details and information, a personal description and photograph, etc.

9.1.2 Information LANCEWOOD® collects about you. With regards to each of your uses of any of the LANCEWOOD® Services, LANCEWOOD® may automatically collect information, including the Internet Protocol (IP) address used to connect your computer to the internet, the most appropriate language to present the LANCEWOOD® Services to you, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform.

9.1.3 Information LANCEWOOD® receives from other sources. LANCEWOOD® works closely with Third Parties (including, for example, business partners, resellers, sub-contractors in technical, payment and delivery service, advertising networks, analytical providers, search information providers, credit reference agencies and credit bureaus).

9.2 By accepting this Agreement, I consent thereto that LANCEWOOD® is collecting the abovementioned data and I am made aware thereof as provided for in section 5(a)(i) read with section 18 of POPI. Furthermore, I consent that the personal information has been collected directly from myself (the data subject) in terms of Section 12 of POPI and that I consent to the processing of my personal information in terms of section 11(1)(a) read with section 10 and confirm that the information is adequate, relevant and not excessive.

9.3 Further to the above, I consent that the data and / or personal information may be collected from another source, and that in doing so, LANCEWOOD® is not in breach of this agreement or section 12(1) of POPI.

9.4 I also consent that the data collected from myself may be subject to a Trans-border Information Flow in terms of section 72 of POPI.

10. CHANGING, DELETING, RETAINING OR ARCHIVING YOU INFORMATION

10.1 You can review, update, correct or delete any of the personal information held in your subscription/registration profile by going to appropriate section of the LANCEWOOD® website. Only an administrator can delete your subscription in its entirety. In terms of section 24 of POPI you may request the responsible party to correct or delete information which is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or obtained unlawfully.

10.2 LANCEWOOD® confirms herewith that it will maintain all documentation and records of all processing operations (after collection has taken place) under its responsibility as referred to in sections 14 of 51 of PAIA. Further to this, LANCEWOOD® confirms that all practical steps have been taken to ensure that the personal information is complete, accurate, not misleading and updated where necessary.

10.3 LANCEWOOD® will retain your information for as long as your subscription is active as it is entitled to do in terms of section 14 of POPI. If your subscription or access to the LANCEWOOD® Services is removed, then except in rare cases where retention of your information is legally necessary (for example to resolve a dispute – see section 14(1)(a- d)), then your information will be deleted from our system within 30 (THIRTY) days. It is, however, possible that backed-up versions of the information might exist for a short time after deletion or for statistical, historical or research purposes, as stated in section 14(2) of POPI.

10.4 The LANCEWOOD® Services are not intended to be an archive or back-up facility. This means that LANCEWOOD® does not back-up or archive specific data that compromises the Subscriber Data or any personal information except where this may be incidental to maintaining LANCEWOOD® Services. If any Subscriber Data or other information is deleted, modified or altered unintentionally, LANCEWOOD® will not have any means of recovering the previous unmodified, unaltered or undeleted version. For that reason we strongly recommended that any Subscriber Data is not stored only through the LANCEWOOD® Services.

10.5 LANCEWOOD® will delete / destroy / de-identify all data / personal information in terms of section 14(4) of POPI as soon as reasonably practicable after LANCEWOOD® is no longer authorised to retain the record in terms of subsection (1) or (2). This destruction will be done so that no reconstruction to an intelligible form cannot take place.

11. USES OF THE INFORMATION

11.1 LANCEWOOD® uses information held about you in the following ways:

11.1.1 Information you provide to LANCEWOOD®, will be used:

11.1.1.1 For carrying out LANCEWOOD's® obligations arising from any contracts entered into between yourself and LANCEWOOD® and to provide you with the information, products and services that you request from LANCEWOOD®;

11.1.1.2 To provide you with information about other goods and services LANCEWOOD® may offer that are similar to those that you have already purchased or enquired about;

11.1.1.3 To provide you with a LANCEWOOD® newsletter as part of the LANCEWOOD® Services;

11.1.1.4 To notify you about changes in the LANCEWOOD® Services;

11.1.1.5 To ensure that content from the LANCEWOOD® Services is presented in the most effective manner for you and for your computer.

11.1.2 Information LANCEWOOD® collects / receives about you will be used:

11.1.2.1 To administer the LANCEWOOD® Services and for internal operations, such as troubleshooting;

11.1.2.2 To improve the LANCEWOOD® Services to ensure that content is presented in the most effective manner for you and for your computer;

11.1.2.3 To allow you to participate in interactive features at the LANCEWOOD® Services (if any), when you choose to do so;

11.1.2.4 As part of our efforts to keep the LANCEWOOD® Services safe and secure; and

11.1.2.5 LANCEWOOD® will combine information received from other sources with information it already has for the purposes as set out above.

11.2 All use and/or processing of personal information and/or data will be done lawfully and the responsible party will at all times comply with section 4, Chapter 3 (dealing with Conditions for Lawful Processing of Personal Information).

11.3 Further to the above, I confirm that LANCEWOOD® hereby conforms with section 13 of POPI by informing me of the purpose (stated in 11.1 above) for which this data / personal information collection is taking place.

11.4 I also consent LANCEWOOD® to contact myself for the purpose of marketing by means of any form of electronic communication, including automatic calling machines, facsimile machines, SMS's or e-mail and will not be in contravention of section 69(1) of POPI as 69(1)(b) aPrivacy Policylies to myself.

12. DISCLOSURE OF YOUR INFORMATION

12.1 LANCEWOOD® may share your personal information with any member of its group, which means its subsidiaries, its ultimate holding company and its further subsidiaries, as defined in terms of the Companies Act 71 of 2008.

12.2 LANCEWOOD® may further share your information with its Third Party Service Provider for the purpose of securely storing information in accordance with this Privacy Policy.

12.3 LANCEWOOD® may share your information with selected third parties including business partners, suppliers and sub-contractors only where such information sharing is necessary for the purpose of assisting you with any issues you have with the LANCEWOOD® Services when you raise the request for such assistance, as provided for in paragraph 11.

12.4 LANCEWOOD® may disclose your personal information to third parties:

12.4.1 if LANCEWOOD® or substantially all of its assets or any aspect of the LANCEWOOD® Services are acquired by a Third Party, in which case personal data held by LANCEWOOD® about its customers may be one of the transferred assets; or

12.4.2 if LANCEWOOD® is under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our TOU and other User Policies; or to protect the rights, property or safety of LANCEWOOD® or any of the group companies, our customers or other interested parties. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

13. WHERE LANCEWOOD® STORES YOUR DATA

13.1 All information you provide LANCEWOOD® is stored in encrypted from in South Africa on secure servers operated by GoDaddy. Details of the security at this storage can be provided upon written request.

13.2 The data that LANCEWOOD® collects from you will not be transferred to, and stored at, a destination outside South Africa (a trans-border transaction) which does not comply with the requirements of POPI. It may be processed by staff outside South Africa who work for LANCEWOOD® or for one of its suppliers. Such staff may be engaged in, among other things, the supply of the LANCEWOOD® Services and the provision of support services. By submitting your personal information, you consent to this transfer, storing or processing. LANCEWOOD® will take all steps reasonably necessary to ensure that your personal information is treated securely and in accordance with this Privacy Policy.

13.3 Unfortunately, the transmission of information via the internet is not completely secure. Although LANCEWOOD® will do its best to protect your personal information, LANCEWOOD® cannot guarantee the security once it is transmitted to the LANCEWOOD® Services; any transmission is at your own risk. Once LANCEWOOD® has received your personal information, LANCEWOOD® will use strict procedures and security features to try to prevent unauthorised access.

14. YOUR PRIVACY RIGHTS

14.1 Whilst LANCEWOOD® does not intend to process your personal information for marketing purposes without your permission (which you have already consented to in terms of paragraph 11.4, you have the right to ask LANCEWOOD® not to process your personal information for marketing purposes. LANCEWOOD® will seek your permission if LANCEWOOD® intends to use your data for such purposes or if LANCEWOOD® intends to disclose your information to any Third Party for such purposes. You can also exercise the right at any time by contacting LANCEWOOD® at feedback@lancewood.co.za

14.2 The LANCEWOOD® website may, from time to time, contain links to and from the websites of Third Parties including our partner networks, providers of Third Party Applications and services and affiliates. It also provides you with the opportunity to use, and have access to, Third Party Services. If you follow a link to any of these websites or use any Third Party services, please note that they will have their own Privacy Policies and that LANCEWOOD® does not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data or Subscriber Data to these websites or use the Third Party Services.

15. SUBSCRIBER DATA

15.1 Where you upload, download, input or access any Subscriber Data through the LANCEWOOD® website that includes any personal data then it is both your and our intention that (as relevant) you and/or the company or person that entered into the agreement through which you have obtained access to the LANCEWOOD® Service ("the Customer") shall be the data controller(s) and LANCEWOOD® shall be a data processor. In any such case you:

15.1.1 shall ensure that you are entitled to transfer the relevant personal data to LANCEWOOD® so that LANCEWOOD® may lawfully use, process and transfer the personal data in accordance with this agreement on your behalf; and

15.1.2 shall ensure that the relevant Third Parties have been informed of, and have been given their consent to such use, processing and transfer as required by all applicable data protection legislation.

15.2 LANCEWOOD® shall process the personal data only in accordance with POPI and the terms of these agreements entered into with the Customer and any lawful instructions reasonably given by the Customer from time to time.

15.3 We shall take appropriate technical and organisational measures against unauthorised or unlawful processing of the personal data or its accidental loss, destruction or damage but shall not be responsible or liable for any steps taken in accordance with any requests or instructions made by the Customer.

16. TITLE AND AUTHORITY IN THE SUBSCRIBER DATA

16.1 LANCEWOOD® shall obtain no right, title and interest in and to any of your Subscriber Data. The correct identity of the owner shall be determined by yourself and any Third Parties that may have an interest therein. You warrant and represent that you are fully aware andresponsibleforthe legality, reliability, integrity, accuracy and quality of the Subscriber Data.

16.2 You warrant and represent that you have all the necessary permissions, licences or authorities of any kind as may be needed to carry out such actions with the Subscriber Data as you carry out when using the LANCEWOOD® Services.

16.3 You agree to hold LANCEWOOD® harmless in relation to any claim made against LANCEWOOD® regarding any Subscriber Data.

17. RETAINING SUBSCRIBER DATA

17.1 Your Subscriber Data will be retained until such time as deleted, whether that deletion is by yourself or a person authorised by you. Once Subscriber Data is deleted it is removed from the LANCEWOOD® Services and cannot be resurrected by LANCEWOOD®.

17.2 When your subscription is deleted, all Subscriber Data will be deleted from the LANCEWOOD® Services and will not be retained.

17.3 If an Administrator reassigns your Subscription to the LANCEWOOD® Service then it is possible that the person who takes over your subscription will be able to access your Subscriber Data. LANCEWOOD® has no control over this and you must contact your Administrator in relation to such circumstances.

18. NOTIFICATION IN TERMS OF SECTION 18

18.1 In terms of Section 18 of POPI, LANCEWOOD® brings to the attention of the Customer the following:

18.1.1 the responsible party in this collection of information is LANCEWOOD® SA (PTY) Ltd;

18.1.2 the purpose for the collection of this data is in paragraph 11;

18.1.3 by accepting this Privacy Policy, you voluntary supply your information;

18.1.4 should you decide not to accept the Privacy Policy, you must not accept the TOU and you are not authorised to access or use any of LANCEWOOD's® Services for any purposes whatsoever;

18.1.5 the recipient of your information will be LANCEWOOD®;

18.1.6 you do have the right to lodge a complaint to the Information Regulator; and

18.1.7 you may object to the processing of your personal information / data in terms of section 11(3) of POPI.