PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

All users of this website agree that access to and use of this Site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this Site.

Copyright

All the content included in this Site, including but not limited to text, graphics or code is copyrighted as a collective work under the South African and other copyright laws, and is the property of PASSPORT 360. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Site solely for your own non-commercial use, or to place an order with PASSPORT 360 or to purchase PASSPORT 360 products.

Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Site is strictly prohibited, unless authorised by PASSPORT 360. You further agree not to alter or delete any proprietary notices from materials downloaded from the Site.

Trademarks

All Trademarks, Service Marks and Trade Names of PASSPORT 360 used in the Site are Trademarks or Registered Trademarks of PASSPORT 360 or affiliates.

Warranty Disclaimer

This Site, and the materials and products on this Site, are provided “voetstoots” and without warranties of any kind, whether expressed or implied. To the fullest extent permissible pursuant to applicable law, PASSPORT 360 disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. PASSPORT 360 does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that the defects will be corrected, or that this Site or the Server that makes the Site available are free of viruses or other harmful components.

PASSPORT 360 does not make any warrantees or representations regarding the use of the materials in this Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.

Limitation of Liability

PASSPORT 360 shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this Site or the performance of the products, even if PASSPORT 360 has been advised of such damages and given the chance to remedy any fault.

Typographical Errors

In the event that a product is mistakenly listed on the Site at an incorrect price, PASSPORT 360 reserves the right to refuse or cancel any orders placed for any product listed at the incorrect price. PASSPORT 360 reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your account charged. If your account has already been charged for the purchase and your order is cancelled, PASSPORT 360 shall issue a credit to your account in the amount of such incorrect price.

Termination

These Terms and Conditions are applicable to you upon your accessing the Site. These Terms and Conditions, or any part thereof, may be terminated by PASSPORT 360 without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination. Passport 360 reserve the right to terminate the service with immediate effect should the client breach any of the Term and conditions.

Notice

PASSPORT 360 may deliver notice to you by means of e-mail, a general notice on the Site, or by any other reliable method to the contact information you have provided to PASSPORT 360.

Miscellaneous

The use of this Site shall be governed in all respects by the laws of the Republic of South Africa. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site (including but not limited to the purchase of PASSPORT 360 products) shall be in the Province of Gauteng. Any cause of action or claim you may have with respect to the Site (including but not limited to the purchase of PASSPORT 360 products) must be commenced within one (1) year after the claim or cause of action arises.

PASSPORT 360’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. PASSPORT 360 may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site

Harassment in any manner or form on the Site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a PASSPORT 360 or other licensed employee, host, or representative, as well as other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offence, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organisation. You may not upload any fraudulent information onto the site and should you be found to have done so you personally indemnify Passport 360 and its agents against any damage or loss which may occur as a result of your fraudulent activity.

Participation Disclaimer

PASSPORT 360 reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, Trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to PASSPORT 360 in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless, PASSPORT 360, its Officers, Directors, Employees, Agents, Licensors and Suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms and Conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account.

The PASSPORT 360 Site and all content are provided on a “voetstoots” basis. The contents of the Site, such as text, graphics, images, information obtained from PASSPORT 360’s Licensors, and other material contained on the PASSPORT 360 Site (“Content”) are for informational purposes only and do not constitute advice. The user is encouraged to consult with a professional advisor before acting on any information or content appearing on or transmitted through PASSPORT 360’s website.

Nothing on the Site shall be construed as an offer by PASSPORT 360 to the user, but merely an invitation to do business.

Passport 360 is not responsible for the accuracy of the data uploaded onto the system by the various participants.

Third-Party Links

In an attempt to provide increased value to our visitors, PASSPORT 360 may link to Sites operated by third parties. However, even if the third party is affiliated with PASSPORT 360, the Company has no control over these linked Sites, all of which have separate privacy and data collection practices, independent of PASSPORT 360. These linked Sites are only for your convenience and therefore you access them at your own risk. Nonetheless, PASSPORT 360 seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own Site, but for Sites it links to (including if a specific link does not work).

User Content

Clients are not permitted to upload or transmit any communications or content of any type to any public areas that infringe or violate any rights of any party. By submitting communications or content to PASSPORT 360, you agree that such submission is non-confidential for all purposes.

If you make any submission to a public area or if you submit any business information, idea, concept or invention to PASSPORT 360 by email, you automatically grant or warrant that the owner of such content or intellectual property has expressly granted PASSPORT 360 a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Site or to PASSPORT 360 by email. We try to answer every query timeously.

PASSPORT 360 reserves the right to remove any media for any reason, at any time, without prior notice, at our sole discretion.

Consumer Protection Act No. 68 of 2008 (CPA)

South African CPA laws shall supersede any PASSPORT 360 Terms and Conditions which conflict with the Act or any other laws in the Republic of South Africa.

Electronic Communications and Transactions Act No. 25 of 2003 (ECT Act)

South African ECT laws shall supersede any PASSPORT 360 data privacy policies which conflict with the Act or any other laws in the Republic of South Africa.

Protection of Personal Information Act No. 4 of 2013 (POPI Act)

South African POPI laws shall supersede any PASSPORT 360 data privacy policies which conflict with the Act or any other laws in the Republic of South Africa. All employers submitting personal data of their employees warrant that they have the relevant authorization from their employees to store their personal information on the Passport 360 system. The employer hereby indemnifies Passport 360 in this regard.

Payments of subscription fees

Service providers and clients agree to pay the annual and monthly subscription fee upon signup onto the system. Where the package is based on number of employees, this refers to the total number of employees employed by the organization and not necessarily linked or uploaded onto Passport.

Fraudulent declaration of the number of employees may lead to the suspension of your account.

Refund Policy

The system works on a pay as you go methodology and the client may select to pay monthly or annually, upon cancellation the term will continue until the end of the subscription period and will not result in a credit of funds.

Passport360 retains all rights and IP in the developed code within the Passport 360 system. Passport360 reserves the right to make use of any code within the system for future customisation builds which may or may not be charged for or make the code available for general use within the system at it’s own discretion.

Passport 360 (Pty) Ltd reg: 2015/126473/07 respects your privacy and is committed to protecting your personal information.

For the purposes of applicable data protection laws, we are the data processor.

This Privacy Policy applies to all personal information collected by us, or submitted to us, whether offline or online, including personal information collected or submitted through our websites (our Websites) and any mobile sites, applications, widgets and other mobile interactive features (collectively, our Apps), through our official social media pages that we control (our Social Media Pages) as well as through HTML-formatted email messages that we send to you (collectively, including the Social Media Pages, Apps and Websites, the Sites).

This Privacy Policy describes how we deal with information we collect and demonstrates our commitment to the protection of your privacy. By visiting the Sites and otherwise providing personal information to us, you are accepting and consenting to the practices described in this Privacy Policy. If you do not agree with any of the terms of this Privacy Policy, please do not use the Sites or submit any personal information to us.

This Privacy Policy was last updated on 2 October 2019.

1. Meaning of terms used in this Privacy Policy

In this Privacy Policy:

personal information means any information or an opinion about you (including information or an opinion forming part of a database), by which you may be identified directly or indirectly, whether on its own or in combination with other information, whether true or not, and which is submitted to and/or collected by us in an accessible form.

sensitive information means personal information about things such as your membership of professional associations, race, ethnic origin, political affiliation, religion, sexual orientation, biometric information and health information.

2. Privacy guidelines for client and service provider individuals

We process data for employment purposes and compliance under the MHS and OHS legislation, on behalf of our clients who are the Data Controllers

2.1. What kinds of personal information do we collect and hold on behalf of Clients (the Data controllers)?

We collect and hold:

(a) your contact details, such as office address, home address, telephone numbers and email address;

(b) your personal details, such as date and place of birth, gender, qualifications, education (including transcripts), the languages you speak and your background;

(c) your employment information and history, recommendation and reference letters, time and attendance and clocking information (including in some instances location)

(d) information you make available on the Sites;

(e) sensitive information, such as any criminal record or medical information to the extent that it is relevant to our functions and responsibilities

(f) Safety compliance and risk management information

2.2. How do we collect your personal information?

Personal information is collected in a number of ways, including:

Through the Sites: We may collect personal information from the Site, such as when you visit, use or register on our Websites, Apps or Social Media Pages, join (or request to join), or when you complete a survey;

From you: We may collect personal information from you when you contact, do business or interact with us by phone or email, apply for, enrol in or register for a program or activity, or enter into a competition;

From third parties: We may receive your personal information from other sources, such as your employer (for example when your employer registers you on the system), regulators and government and statutory bodies.

2.3. What would happen if we did not collect your personal information?

Your employer is collecting this information for employment purposes and as required for statutory purposes. We are processing your data on behalf of your employer.

2.4. How we use your personal information

We will not collect or use your personal information unless it is lawful for us to do so. We collect and process personal information for the following purposes:

(a) processing and displaying relevant information required by clients to meet their OHS and MHS requirements

(b) fulfilling orders or requests for information, products or services (with your consent, if required);

(c) sending subscription renewals,

(d) for promotional and marketing purposes, including communicating information about our products and services (with your consent, if required);

(e) communicating to individuals in the system on behalf of the Data Controller (through message, email, sms and push notifications);

(f) monitoring, moderating and improving our Sites;

(g) fulfilling our contractual and other regulatory obligations;

(h) organising and hosting training and events (including with third parties);

(i) providing products and services, or information relating to such products and services (with your consent, if required);

(j) assessing or improving our products and services, as well as for training and quality purposes, including building profiles, monitoring, recording and analysing online interactions and communications between you and us;

(k) providing information to third parties as authorised or required by law or a court or tribunal; and

We have a legitimate interest in using your information in these ways. It is also fundamental to the nature of the service we provide.

In some cases it will be lawful for the us as the data processor and the data controller (our client) to collect and use your personal information, for example where it is necessary as part of our, or a third party’s statutory or public function or because the law permits or requires us to.

In addition to the specific circumstances above, we will only use your personal information with your consent (if required under applicable data protection laws) when we process your personal information in order to send you carefully selected marketing materials about our products and services (or those of our third party partners) by email, text or push notification, depending on your account or operating system settings. You have the right to opt out of receiving such direct marketing at any time.

If at any time you wish to stop receiving direct marketing messages from us, the easiest way to do so (for electronic messages) is to use the unsubscribe feature in the marketing message you have received. You can also let us know by contacting us using the contact details set out in the “contact us” section. In your request, please indicate that you wish to stop receiving marketing communications from us.

Our Sites may contain hyperlinks to websites operated by third parties. We are not responsible for the content of such websites, or the manner in which those websites handle any personal information you provide. In some cases, we may use a third party service provider to process payments made through the Sites. In these cases, your personal information may be collected by this third party and not by us and will be subject to the third party’s privacy policy, rather than this Privacy Policy. We have no control over, and are not responsible for, this third party’s use or disclosure of your personal information.

2.5 Use and disclosure of personal information

We do not use your personal information or disclose it to another organisation unless:

(a) it is reasonably necessary for one of the purposes described above;

(b) having regard to the nature of the information or the circumstances of collection we believe you would expect us to use the information or make the disclosure;

(c) required or authorised by law or court or tribunal;

(d) it is necessary to protect the rights, property, health or personal safety of a member, the public or our interests, and it is unreasonable or impracticable to obtain your consent;

(e) the disclosure is necessary to assist any entity, body or person to locate a person who has been reported missing;

(f) the assets and operations of our business are transferred to another party as a going concern;

(g) it is necessary to obtain third party services as directed by our client the data controller, for example to carry out data analysis or provide information processing services (where use of your information by third parties is strictly controlled);

(h) it is for one of the purposes expressly permitted under applicable data protection and privacy laws; or

(i) you have provided your consent.

For avoidance of doubt, we may disclose your personal information to:

(j) any of our related and associated companies, affiliates and subsidiaries, including those established in the future;

(k) where applicable, third parties who provide related services or products in connection with our business such as our vendors, business partners, and any party assisting us in carrying out the purposes described above;

(l) any agent, contractor or service provider who provides administrative, order processing, payment clearing, credit reference, debt collecting or other services necessary to the operation of our business;

(m) any person to whom we are, in our belief in good faith, under an obligation to make disclosure as required by any applicable law;

(n) government agencies, statutory authorities and industry regulators;

(o) our auditors, consultants, accountants, lawyers or other financial or professional advisers; and / or

(p) our sub-contractors or third party service or product providers as may be determined to be necessary or appropriate.

To suppress or limit our use of your personal information that has been previously provided to us, please email, call or write to us using the contact information listed below in the “contact us” section.

We will not sell your personal information to third parties.

Overseas disclosures

If you are employed by any of our clients who operate overseas we may send your personal information overseas. We may also use the services of certain third party service providers which may have offices or other operations outside of South Africa. As a result, your personal information may be disclosed to recipients in those foreign countries.

The recipients of such information may be located in New Zealand, Australia, Japan, the United Kingdom, Ireland, United States of America, Hong Kong, China, Singapore, Canada, South Africa, India and Indonesia.

All service providers that have access to personal information held by us are required to keep the information confidential and not to make use of it for any purpose other than to provide services in accordance with their engagement. We will take all steps that are reasonably necessary to ensure your personal information is treated securely and in accordance with this Privacy Policy as well as applicable data protection laws, including, where relevant, by entering into EU standard contractual clauses (or equivalent measures) with the party outside the European Economic Area. The EU standard contractual clauses are available here.

2.6 Access and correction of personal information

Individuals may request access to their personal information unless we are permitted by law to withhold that information. Individuals may also request the correction of any personal information which is inaccurate. Any requests for access or correction of your personal information should be made in writing to our Privacy Officer / Data Protection Officer.

We will in most cases provide an individual with access to their personal information. To the extent permitted by law, there are some exceptions where this access may be denied, namely where:

(a) providing access may have an unreasonable impact on the privacy of other individuals;

(b) providing access would be unlawful or would be likely to prejudice one or more enforcement related activities conducted in relation to local law by, or on behalf of, us or an enforcement body;

(c) providing access would reveal our intentions in relation to negotiations with the individual in such a way as to prejudice those negotiations;

(d) we have reason to suspect that unlawful activity, or misconduct of a serious nature, relating to our functions or activities has been, is being or may be engaged in and giving access would be likely to prejudice the taking of appropriate action in relation to the matter;

(e) giving access would reveal evaluative information generated by us in connection with a commercially sensitive decision-making process;

(f) we reasonably believe that giving access would pose a serious threat to the life, physical or mental health or safety of any individual, or to public health or public safety;

(g) the request for access is frivolous or vexatious; or

(h) where we are otherwise permitted by applicable data protection and privacy laws to do so.

To request access and seek the correction of personal information held by us, please email, call or write to us using the contact information listed below in the “contact us” section.

We will endeavour to respond to any access or correction request within 20 working days of receipt.

3. Residents in the European Economic Area

If you are a resident in the European Economic Area, you have the following rights in relation to your personal information (where applicable):

(a) Access. You have the right to request a copy of the personal information we are processing about you. For your own privacy and security, at our discretion we may require you to prove your identity before providing the requested information.

(b) Rectification. You have the right to have incomplete or inaccurate personal information that we process about you rectified.

(c) Deletion. You have the right to request that we delete personal information that we process about you, except we are not obliged to do so if we need to retain such data in order to comply with a legal obligation or to establish, exercise or defend legal claims.

(d) Restriction. You have the right to restrict our processing of your personal information where you believe such data to be inaccurate; our processing is unlawful; or that we no longer need to process such data for a particular purpose unless we are not able to delete the data due to a legal or other obligation or because you do not wish for us to delete it.

(e) Portability. You have the right to obtain personal information we hold about you, in a structured, electronic format, and to transmit such data to another data controller, where this is (a) personal information which you have provided to us, and (b) if we are processing that data on the basis of your consent or to perform a contract with you.

(f) Objection. Where the legal justification for our processing of your personal information is our legitimate interest, you have the right to object to such processing on grounds relating to your particular situation. We will abide by your request unless we have compelling legitimate grounds for the processing which override your interests and rights, or if we need to continue to process the data for the establishment, exercise or defence of a legal claim.

(g) Withdrawing Consent. If you have consented to our processing of your personal information, you have the right to withdraw your consent at any time, free of charge. This includes cases where you wish to opt out from marketing messages that you receive from us.

To make a request to exercise any of these rights in relation to your personal information, please email, call or write to us using the contact information listed below in the “contact us” section.

4. Security of Personal Information

We use reasonable organisational, technical and administrative measures and security safeguards to protect, as is reasonable in the circumstances, the personal information we hold from misuse, loss, interference and/or unauthorised access, use, disclosure or alteration of information under our control. Where practicable, we implement measures to require organisations to whom disclosure is made to comply with applicable data protection and privacy laws. If a third party is given access to personal information we take reasonable steps to ensure that the information is held securely and used only for the purpose of providing the relevant service or activity.

Unfortunately, no data transmission over the internet or data storage system can be guaranteed to be 100% secure.

If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem using the contact information listed below in the “contact us” section.

5. Other information

5.1. What other information do we collect?

The Sites collect other information that may or may not be personal information. Other information includes information that does not reveal your identity, such as:

(a) browser and device information;

(b) server log file information;

(c) App usage data;

(d) demographic information;

(e) location information;

(f) aggregated information.

5.2 How do we collect other information?

Through your use of an App: When you download and use an App, we and our service providers may track and collect App usage data, such as the date and time the App on your device accesses our servers and what information and files have been downloaded to the App based on your device number.

5.3 How do we use other information?

Please note that we may use and disclose such other information which is not personal information for any purpose, except where we are required to do otherwise under applicable law; for example, if we are required to treat that information as personal information under applicable law.

In some instances, we may combine other information with personal information. If other information can be combined with personal information or can be used to build a profile of an individual (in a way which could be reasonably used to identify that individual), such other information will be treated by us as personal information.

6. Privacy concerns

If you would like any further information about our handling of personal information or to make a complaint about our handling of your personal information, please lodge a written complaint addressed to our Privacy Officer using the contact details below. Once we receive your complaint, we will respond to you within a reasonable period of time, usually within 20 working days.

If you are unsatisfied with the outcome of your complaint, you may contact us further to advise of your concerns and, if we are unable to reach a satisfactory resolution, you may wish to take your complaint to the local data protection authority.

7. Variations to the Privacy Policy

We reserve the right to modify this Privacy Policy at any time by publishing an updated version of this Privacy Policy on our Website and taking any further action as required by law, after which, your continued use of the Website or your provision of any further personal information will indicate your acknowledgement to the modified terms of this Privacy Policy.

If there are any conflicts between the English and foreign language translation versions of this Privacy Policy, the English version will prevail.

8. How to contact us “contact us”

Privacy Officer / Data Protection Officer
Passport 360 (Pty) Ltd
3 Ilala Palms Street
Randpark Ridge, 2156
E: info@passport360.co.za

9. Cookies Policy

We do not currently use cookies on our sites