Futura International Privacy Policy

Date:  19 April 2021

Introduction

This Privacy and Information Policy (Privacy Policy) has been developed in accordance with the requirements of the Protection of Personal Information Act 4 of 2013 (“POPIA”) and applies in respect of Futura International and its processing of personal information. Futura International is committed to protecting your privacy and to ensure that the personal information of users of its website is collected and used properly, lawfully, and transparently in compliance with its obligations under POPIA. This Policy simultaneously serves as “customer privacy notice” explaining how Futura International obtains, uses, and discloses your personal information, as required by POPIA.

During your engagements with Futura International we collect certain personal data in accordance with not only POPIA but also PAIA and ECTA (see definitions below). We encourage you to read and understand your rights in terms of the purposes of these Acts.

Futura International is not responsible for third-party website links and users should remain aware of the policies applicable to those websites when links to them are followed.

By using Futura International’s website and services, you agree to be bound by this Privacy Policy, and you agree to the collection and use of information in accordance with this Policy.

Definitions and interpretation

“Futura International” or “us” or “we” refer to Futura International (Pty) Ltd (Reg. No.: 2021 / 333986 / 07), a company duly incorporated in terms of the company laws of South Africa.

The term “you” or “user” refers to the user or viewer of our website, i.e., any person referring to and / or making use of the Futura International website, directly or indirectly, in whatsoever capacity.

“Website” means this website of the Futura International at URL www.futura.international, owned by Futura International, including all its pages.

PAIA means the Promotion of Access to Information Act 2 of 2000.

POPIA means the Protection of Personal Information Act, 4 of 2013. 

ECTA means the Electronic Communications and Transactions Act 25 of 2002.

RICA means the Regulation of Interception of Communications Act 70 of 2002.

Personal information: According to POPIA “personal information” means information relating to an identifiable, living, natural person, and where applicable, an identifiable, existing juristic person. For purposes of this policy “personal information” is information that identifies you as an individual, and includes:

• Your name, gender, identification information, nationality, language preference, personal preferences, age, previous interaction with Futura International and its affiliates, and data contained on public social media platforms, as well as credit or debit card numbers for online payment purposes; 
• All addresses, including residential, postal and email addresses, telephone numbers, any identifying number symbols, location information, and online identifiers or other particulars assigned to you;
• Information relating to your education;
• Your personal opinions, views or preferences; and
• Your private or confidential correspondence (including correspondence that can reveal your original private or confidential correspondence).

Lawful purpose: In the course of our business, we only process personal information in relation to our clients in terms of the services requested by them, which will be detailed in the agreement (Letter of Engagement (“LOE”) – “the lawful purpose”) between us. We are authorised to collect your personal information, for a lawful purpose, by POPIA. In order to access / collect / process your information, we act on your behalf as the “responsible party” requesting access to your information under South African legislation.

Purpose of personal information collected by Futura International: Futura International may require you to provide us with limited personal information to enable us to provide certain services to you and may store this information manually or electronically. Futura International will only use it for the purposes for which it was provided if you have consented to it. Information provided will be kept for as long as is necessary to fulfil that purpose. 

How Futura International collects personal information 

Futura International collects personal information in South Africa from these possible legitimate sources:

• from you;
• from the documentation we request, and you provide; and
• from information about you that is publicly available, including court and tribunal reports and decisions.

Depending on circumstances, we may choose not to collect information from all these sources.

Methods of web user data collection 

It is important that you should acquaint yourself with the ways in which information is received by Futura International in respect of website use with regard to this Privacy Policy:

• Unsolicited information: If you post unsolicited content or other information to the website, unless otherwise indicated, then you grant to Futura International a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such information throughout the world in any media. You grant to Futura International the right to use the name that you submit in connection with such information. You warrant that you own or otherwise control all of the rights to the information that you post; that the information is accurate; that by the supply of the information to Futura International you do not violate this Policy and do not infringe the rights of any person or entity; and that you indemnify Futura International against all claims resulting from the receipt by Futura International of the information you supply to it. Futura International reserves the right but not the obligation to monitor and edit or remove any information posted to public pages. Futura International takes no responsibility and assumes no liability for any information posted by you or any third party.
• Internet browser or device information: Futura International may collect certain data through your browser or device, such as your Media Access Control (MAC) address, computer type (Windows or other), screen resolution, operating system name and version, device manufacturer and model, language, internet browser type and version, and the name and version of the Online Services (such as the Apps) you are using. We use this data to ensure that our online services function properly.
• Location services: When you visit the website, Futura International may use GPS technology (or other similar technology) to determine your current location in order to determine the city within which you are located and to display a location map containing relevant information. We will not share your current location with other users or partners. If you do not want us to use your location for the purposes set forth above, you may turn off the location services for the website under your account or browser settings, or in your mobile phone settings. 
• Cookies: We collect certain data from cookies, which provide us with data such as browser type, time spent using our online services, pages visited, referring URL, language preferences and other aggregated traffic data. We use this data for security purposes, to facilitate navigation, to display data more effectively, to collect statistical data, to personalise your experience while using our online services and to recognise your computer to assist you in using our online services in future. We also gather statistical data to continually improve website and application design and functionality, and to assist us in understanding how they are used by customers. Cookies further allow us to select which advertisements or offers are most likely to appeal to you and display them while you are using the online services or to send marketing e-mails. Cookies also allow us to track customer responses to online advertisements and marketing emails. If you do not want data collected with cookies, you can choose whether or not to accept cookies by changing your browser settings. However, if you do not accept cookies, you may experience inconvenience in your use of our website. For example, we will not be able to recognise your computer and you will need to log in every time you visit. You also will not receive advertisements or other offers from us that are relevant to your interests and needs.
•  
• Note: “Cookies” are alphanumeric identifiers that are transferred to your computer’s hard drive through your web browser to enable other systems to recognise your browser and to automatically collect information from your computer such as your IP address and other details. We do not use cookies for tracking purposes. The “Help” menu on the menu bar of most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie and how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as flash cookies, by changing the add-on’s settings or visiting the website of its manufacturer. Turning cookies off may slow down your computer but will not affect the booking functionality of this website.

• IP address: Your IP address is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP). An IP address is identified and logged automatically in our server log files when a user accesses our website, along with the time of the visit and the pages that were visited. We use IP addresses to determine usage levels of our online services and to diagnose server problems.

How the personal information collected is used and / or disclosed by Futura International:

• The personal information you provide to Futura International will only be used for the purposes stated when the information is requested, for example to provide our services to you, to carry out the transaction you requested, to confirm and verify your identity or to verify that you are an authorised user for security purposes, and to maintain our relationship. 
• Futura International may share your information with our third-party service providers who are involved in the delivery of services to you. We have agreements in place to ensure that they comply with the privacy terms set out in this Privacy Policy and comply with POPIA, which ensures that the personal information we have disclosed is used only for the specific lawful purpose we have requested on your behalf.
• Futura International will not sell your personal information to third parties or provide your information to direct marketing companies or other such organisations without your permission.  
• We may disclose your personal information to third parties if we are under a duty to disclose in terms of law or industry codes or share such information in order to comply with any legal obligation or to protect the rights, property or safety of Futura International, its clients or others, i.e., for the detection and prevention of fraud, crime, money laundering or other malpractice.
• Demographical and statistical information about user behaviour may be collected and used to conduct market or customer research or for statistical analysis, to analyse the popularity and effectiveness of Futura International’s website and / or understand broad demographic trends. Any disclosure of this information will be in aggregate form and will not identify individual users. Such data will not contain anything that identifies you personally, will be generic, de-identified and aggregated. We undertake to never share any personally identifiable data without your prior consent. If you would prefer not to partake in generic de-identified data gathering, you can opt out by notifying us at .
• If you subscribe to data, news, announcements, alerts or any such information to be emailed to you from Futura International, we will hold your details on our database for audit and record keeping purposes until such time as you chose to unsubscribe from this service. 
• We may use your information, only with your consent, for marketing purposes to inform you of our services and products or those of related third-party entities that we consider may be of interest to you. You may be informed of these products and services through a range of communication methods such as telephonically, by SMS or email, social media and other electronic means. You are able to opt out in this regard at any time by contacting us at .
• The information you provide may be transferred across foreign borders. This information transfer is permitted under Chapter 9 of POPIA which authorises the access seeker (the responsible party) to transfer the information across foreign borders in the following circumstances:
  • the recipient must be governed by laws, binding corporate rules, binding agreements or memorandum of understanding between two public bodies which provide an adequate level of protection; or
  • the Data Subject must consent to the transfer; or
  • the transfer must be necessary for:
    • the performance of a contract between the Data Subject and Responsible Party, or
    • for the implementation of pre-contractual measures taken in response to a Data Subject’s request;
    • the conclusion or performance of a contract concluded in the interest of the Data Subject between the Responsible Party and a third party; or 
  • the transfer is for the benefit of the Data Subject and: –
    • it is not reasonably practicable to obtain the consent of the Data Subject to that transfer; and
    • if it were reasonably practicable to obtain such consent, the Data Subject would be likely to give it.

Retention of collected data 

The time periods for which Futura International will keep your personal information may vary according to the use or purpose attached to that information. However, unless there is a specific legal requirement dictating that we should store your information, we will hold your data only as long as is necessary in terms of your authorisation. Information that you provide to us will be stored electronically as well as in hard copy format (at times), with reasonable security measures protecting such. However, we do work with third party contractors, some of whom host and operate certain features of the website. Information that we collect from you may be collected in, or transferred to, a destination outside of South Africa and / or may be processed by staff operating outside South Africa who work for us or for one of our contractors. By submitting personal information, you agree to this transfer, storing and processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Online Privacy Policy.

Information security 

• Futura International is legally obliged to provide adequate protection for the personal information we hold and to stop unauthorised access and use of personal information. We will, on an ongoing basis, continue to review our security controls and related processes to ensure that your personal information is secure.
• Our formal and informal security policies and procedures cover:
  • Physical security;
  • Computer and network security; 
  • Access to personal information; 
  • Secure communications; 
  • Security in contracting out activities or functions; 
  • Retention and disposal of information; 
  • Acceptable usage of personal information; 
  • Governance and regulatory issues; 
  • Monitoring access and usage of private information; 
  • Investigating and reacting to security incidents.
• When we contract with third parties, we impose appropriate security, privacy and confidentiality obligations on them to ensure that personal information that we remain responsible for, is kept secure. We may need to transfer your personal information to another country for processing or storage. We will ensure that anyone to whom we pass your personal information agrees to treat your information with the same level of protection as we are obliged to. 
• Futura International values your trust in providing us with your personal information and we are therefore striving to use all appropriate means of protecting it. However, although Futura International takes all reasonable measures to ensure the security and confidentiality of your personal information, it is possible for internet-based communications to be intercepted. Without the use of encryption, the internet is not a secure medium and privacy cannot be ensured. Internet email is also vulnerable to interception and forging. Futura International will therefore not be responsible for any damages that you or any third party may suffer as a result of the transmission of confidential or disclosed information that you make to Futura International through the internet, or that you expressly or implicitly authorise Futura International to make, or for any errors in or changes made to transmitted information.
• Futura International will continually strive to ensure the security of personal information we hold by taking reasonable measures to prevent destruction, unlawful access, and loss of personal information. Any compromise of data integrity or confidentiality will be reported to you by written notice. 

Service providers 

Futura International may employ third-party companies and individuals to facilitate our website, to provide services on our behalf, to perform website-related services or to assist us in analysing how our website and services are used. We need to inform you that these third parties may have access to your personal information to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use the information for any purpose.

Minors’ privacy 

Our website does not address minors under the age of 18 and we do not knowingly collect personal identifiable information from children under 18. In the case we discover that a child under 18 has provided us with personal information, we immediately delete this from our servers. If you are a parent or guardian and are aware that your child has provided us with personal information, please contact us to enable us to action these deletions.

Access to your information 

The Promotion of Access to Information Act, 2000 gives you the right to access information held about you. In terms of POPIA you also have a right to request a copy of the personal information we hold about you. Note that we will take all reasonable steps to confirm your identity before providing details of your personal information and that access requests may be subject to a payment of a legally allowable fee.

Correction of your information 

You have the right to ask Futura International to update, correct or delete your personal information. You may do this by contacting us at . We will take all reasonable steps to confirm your identity before making changes to the personal information we may hold about you.

Accuracy of your information 

Futura International makes every effort to keep the personal information we hold updated, complete and accurate. It is your duty to provide Futura International with your most up-to-date personal information and you can do so by contacting us at . We will take all reasonable steps to confirm your identity before making changes to the personal information we may hold about you. In the event of a change of name, we will require a certified copy of the marriage certificate or official change of name document issued by the appropriate state department.

Changes to our Privacy Policy

Futura International may amend this Privacy Policy from time to time. Any changes that Futura International may make to its Privacy Policy in future will be posted on this page. Please check this website periodically to inform yourself of any changes. Changes to the Policy will become effective upon such changes being posted to this website. Your continued use of the website following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by this Policy, including such changes or updates.

General

• Unless specifically restricted by you in terms of the rights afforded to you by POPIA and in terms of this Privacy Policy, you hereby, and when entering into specific transactions available on the website expressly grant in writing to Futura International and its affiliates and subsidiaries the right to collect and use, the Personal Data provided by you, for the purposes set out in this Policy.
• Futura International reiterates that we will not use or share your information with anyone except as described in this Privacy Policy.
• By clicking ‘submit’ on the specific website sections with this function you are providing your consent to us to collect your details to process the information for the lawful purposes described in this Policy. 
• You may visit the website without providing any personal information. You accordingly hereby grant express written permission for the website servers to collect the data referred to  above, but not the user’s e-mail address or any other distinguishing information.
• Subject to RICA, you agree that Futura International may intercept, block, read, delete, and use all communications sent or otherwise communicated to Futura International, its employees, directors and agents. You agree that your consent satisfies the requirements of ECTA and RICA for consent in “writing” as defined.

Complaints

Should you want to complain about a perceived failure by Futura International to comply with POPIA, please address such a complaint in writing to us at . If you are a South African resident, you could also lodge a complaint at the Data Regulator, completing the form as prescribed, without charge. Futura International will address a complaint lodged to it by acknowledging receipt. Thereafter, following an appropriate investigation, we will inform you, in writing, as soon as practical, of the decision reached, outlining the decision and the reasons for arriving at same.

How to contact us

Should you need to contact Futura International for purposes related to this Privacy Policy, please use the following contact particulars:

Telephone: +27 (0)82 570 9478

E-mail: 

Website: www.futura.international