PRIVACY POLICY

1. DEFINITIONS

1. “Applicable Laws” means any laws applicable to Personal Data and Personal Information and includes any statute, regulation, notice, policy, directive, ruling, or subordinate legislation; the common law; any binding court order, judgment, or ruling; any applicable industry code, policy, or standard enforceable by law; or any applicable direction, policy, or order that is given by any regulator, competent authority, or organ of state or statutory industry body;
   
   
2. “Child” means any natural person under the age of 18 years;
   
   
3. “Competent Person” means anyone who is legally competent to consent to any action or decision being taken by any matter concerning a child, for example a parent or legal guardian;
   
   
4. “Consent” means any voluntary, specific, and informed expression of will in terms of which permission is given for the Processing of Personal Information;
   
   
5. “Customer(s)” and/or “Subscriber(s)”, which terms may be used interchangeably, means any natural person(s), or juristic person(s), who have concluded an agreement with GLS in terms of which such Customer procures the Products or Services provided by GLS;
   
   
6. “Data Subject” means GLS’ Customer(s) or any Third Party in respect of whom GLS Processes Personal Information/Personal Data;
   
   
7. “GLS” means Global Link Solutions (Pty) Ltd, being a private company registered according to the Company Laws of the Republic of South Africa, with company registration number 2024/582056/07, and whose principal place of business is situated at No.2 Carlow Road, Cato Manor, Durban, KwaZulu-Natal, 4091.
   
   
8. “Operator” means a person or entity who Processes Personal Information/Data for a Responsible Party;
   
   
9. “Personal Data” means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, which in the context of GLS shall comprise of the types of Personal Data recorded in this Policy below;
   
   
10. “Personal Information” shall have the same meaning as is given in section 1 of POPIA;
11. “Policy” means this Data Protection and Privacy Policy;
    
    
12. “POPIA” means the Protection of Personal Information Act, No 4 of 2013;
    
    
13. “Processing” means any operation or activity or any set of operations, whether or not by automatic means, concerning Personal Information/Personal Data, 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 by electronic communications or other means; or
    • merging, linking, blocking, degradation, erasure, or destruction.
      
      
14. “Regulator” means the Information Regulator established in terms of POPIA;
    
    
15. “Responsible Party” means in the context of this Policy, GLS;
    
    
16. “Services” means, inter alia, the various electronic communications services, electronic communications network services and/or electronic network maintenance services provided by GLS to its Customer(s), the particulars of which services are clearly set forth in GLS’ terms and conditions from time to time;
    
    
17. “Special Personal Information/Data” means Personal Information/Personal Data concerning, amongst other aspects contemplated in terms of section 26 Part B of POPIA, a Data Subject’s, religious beliefs, race or ethnic origin, trade union membership, political persuasion, health or sex life, biometric data, or criminal behaviour;
    
    
18. “Third-Party” means, inter alia, any employees, independent contractors, agents, consultants, or users of GLS’ services, Website or any other digital application interface;
    
    
19. “Unique Identifier” means any identifier that is assigned to a Data Subject and is used by the Responsible Party for the purposes of the operations of that Responsible Party and that uniquely identifies that data subject in relation to the Responsible Party;
20. “Website” means the website owned and operated by GLS sourced at www.globallinks.co.za;
    
    

2. INTRODUCTION

1. This Policy regulates the Processing of Personal Information/Personal Data by GLS and sets forth the requirements with which GLS undertakes to comply when Processing Personal Information/Personal Data pursuant to undertaking its operations and fulfilling its contractual obligations in respect of Data Subjects and Third Parties in general.
   
   
2. GLS is therefore committed to ensuring that it complies with the requirements of POPIA.
   
   
3. GLS reserves the right to make amendments to this Policy from time to time.
   
   

• If you are a parent or guardian and you are aware that your child has provided us with Personal Information/Data, please contact GLS.
• If GLS becomes aware that Personal Information/Data has been collected from children without verification of parental consent, GLS will take steps to remove that information from its servers.
• Storage and Retention of Personal Information/Personal Data
  1. GLS will retain Personal Information/Data it has processed, in an electronic or hard copy format, with a Third-Party service provider appointed for this purpose (the provisions of clause 10 below will apply in this regard).
  2. Personal Information/Personal Data will only be retained by GLS for as long as necessary to fulfill the legitimate purposes for which that Personal Information/Personal Data was collected and/or as permitted or required in terms of Applicable Law.
  3. It is specifically recorded that any Data Subject has the right to object to the processing of their Personal Information and GLS shall retain and store the Data Subject’s Personal Information/Personal Data for the purposes of dealing with such an objection or enquiry as swiftly as possible.
     
     
• Failure to Provide Personal Information
  1. Where GLS is required to collect Personal Information/Personal Data from a Data Subject by law or in order to fulfill a legitimate business purpose of GLS and the Data Subject fails to provide such Personal Information/Personal Data, GLS may, on notice to the Data Subject, decline to render services without any liability to the Data Subject.
     
     
• Securing Personal Information/Personal Data
  
  
  1. GLS will always implement appropriate, reasonable physical, organisational, contractual, and technological security measures to secure the integrity and confidentiality of Personal Information/Personal Data, including measures to protect against loss, theft, unauthorised access, disclosure, copying, use, or modification of Personal Information/Personal Data in compliance with Applicable Laws.
  2. In further compliance with Applicable Laws, GLS will take steps to notify the relevant Regulator(s) and/or any affected Data Subjects in the event of a security breach and will provide such notification as soon as reasonably possible after becoming aware of any such breach.
  3. GLS shall not be held responsible, and by accepting any terms and conditions to which this Policy relates, any Data Subject agrees to indemnify and hold GLS harmless for any security breaches which may potentially expose the Personal Information/Personal Data in GLS’ possession to unauthorized access or unlawful processing by any Third-Party.
     
     
• Provision of Personal Information/Personal Data to Third Parties
  1. GLS may disclose Personal Information/Personal Data to Third-Party service providers and any GLS affiliates where necessary to achieve the purpose(s) for which the Personal Information/Personal Data was originally collected and processed. GLS will enter into written agreements with such Third-Party service providers and GLS affiliates to ensure that they comply with Applicable Laws pursuant to the processing of Personal Information/Personal Data provided to them by GLS from time to time.
     
     
• Transfer of Personal Information/Personal Data Outside of South Africa
  1. GLS may, under certain circumstances, transfer Personal Information/Personal Data to a jurisdiction outside of the Republic of South Africa in order to achieve the purpose(s) for which the Personal Information/Data was collected and processed, including for processing and storage by Third-Party service providers.
  2. The Data Subject should also take note that, where Personal Information/Personal Data is transferred to a foreign jurisdiction, the processing of Personal Information/Personal Data in the foreign jurisdiction may be subject to the laws of that foreign jurisdiction.
     
     
• Access to Personal Information/Personal Data
  1. A Data Subject has the right to a copy of the Personal Information/Personal Data which is held by GLS (subject to limited exemptions as provided for under Applicable Law).
  2. The Data Subject must make a written request (which can be by email) to the Information Officer designated by GLS at legal@globallinks.co.za.
  3. GLS will provide the Data Subject with any such Personal Information/Personal Data to the extent required by Applicable Law.
     
     
• Keeping Personal Information/Personal Data Accurate
  1. GLS will take reasonable steps to ensure that Personal Information/Personal Data that it processes is kept updated where reasonably possible. GLS shall provide Data Subjects with the opportunity to update their information at appropriate times.
  2. GLS expects the Data Subject to notify GLS in writing:
     1. of any updates or amendments required in respect of their Personal Information/Personal Data;
     2. if they require GLS to delete their Personal Information/Personal Data;
     3. if they wish to restrict the processing of their Personal Information/Personal Data.
  3. GLS reserves the right to make amendments to this Policy from time to time.
     
     
• Contacting GLS
  1. All comments, questions, concerns, or complaints regarding Personal Information/Personal Data or this Policy should be forwarded to GLS’ Information Officer at the following email address: legal@globallinks.co.za.