This Privacy Notice forms part of our Terms and Conditions with you.
Any personal data of this kind that you submit on the Smartwell System, which includes the website: - smartwill.co.za and the supporting cloud/web based system (“the SmartWill system/the System”)will be used for the purpose specified in the relevant part of the System and for other purposes for which you give your consent.
CliqTech (Proprietary) Limited T/ A Smart Wills (Company Registration Number: 2018/623557/07) (“The Provider/we/us”) takes all reasonable steps in line with best practice to protect your personal data and privacy. However, given the nature of the medium we cannot guarantee the security of any information that you disclose online. In so far as legally permissible we disclaim any liability which might arise in relation to any information that you input on this System or send to us on the internet.
In your day-to-day dealings with us, we obtain Personal Information (PI) about you. We want you to understand who you are sharing your PI with, what kind we are collecting and how we use it.
PI does not include any anonymous, de-identified, or statistical information – provided that it cannot be linked back to you. Any information that you disclose to us which is not personal data or of a personal nature, such as suggestions, comments, concepts, ideas, know how or otherwise, will be treated as non-confidential and we will be free to use information of this kind as we think fit.
Your PI forms part of the data that you consent to providing us in accordance with this Privacy Notice.
You agree to our information practices, including the collection, use, processing, and sharing of your information as described in this Privacy Notice, as well as the transfer and processing of your information within the Republic of South Africa where we have or use facilities, service providers, or partners, regardless of where you use our services. You acknowledge that the laws, regulations, and standards of South African Privacy Legislation may be different from those of your own country. This Legislation includes: personal information as detailed in the Protection of Personal Information Act 4 of 2013 (“POPI”); Promotion of Access to Information Act (“PAIA”), Act 2 of 2000, and as detailed in s 1 of Electronic Communications and Transaction Act 2 of 2002 (“ECTA”).
We may electronically collect, store and use PI. We voluntarily subscribe to s 51 of ECTA and endeavors to treat PI received by Provider accordingly. Whenever you are of the opinion that we have failed to comply with s 51 of ECTA, you are required to contact us by sending an email to [firstname.lastname@example.org]. We will review your representations made by email and, if within Provider’s sole and absolute discretion advisable, take corrective action and in any event within  of days respond to User informing about corrective actions taken, if any. Despite such undertaking, it is possible for Internet-based communications to be intercepted even with the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception and forging. We will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential or disclosed information that you make to the Provider through the Internet, or that you expressly or implicitly authorise us to make, or for any errors or any changes made to any transmitted information.
Who are you sharing your information with?
Sometimes we may need to share your PI with others in order to provide our services to you or if we are legally required to. We do not sell or otherwise share your information with third parties unless you have given us consent.
In order to deliver our services we may have to share information with third party service providers. We only do so on your instruction and provided that you have agreed to and signed the Terms and Conditions of service offered by the third party service provider and we will only share the information which they need and have permission from you to obtain. How they deal with the information is subject to their own policies and your agreement with them.
We also make use of consultants who need access to information in order to do their jobs. These service providers are not entitled to use the information for any other purposes, must keep it confidential and have given us reasonable assurances that the information is safe.
Sometimes we may need disclose your information to a third party if:
we believe that disclosure is reasonably necessary to comply with any applicable law, regulation, legal process or a government request;
to enforce our contracts and policies;
to protect the security and integrity of our services;
to protect ourselves, our other customers and the public from illegal activities; or
to respond to an emergency which we believe in good faith requires us to disclose information.
If we go through a corporate sale, merger, reorganisation, dissolution or similar event, your information may be part of the assets transferred or shared in connection with the due diligence for any such transaction. Any acquirer or successor of the SmartWill system the Estate Plan companies may continue to use the information as explained in this notice.
We will require anyone that we share your PI with to honor this policy whenever possible in terms of applicable law.
We will take reasonable steps to protect your PI and should your personal information be disclosed or we suspect that it was disclosed, we will notify you immediately.
What information we collect and why?
We collect this information for all the obvious reasons
we want to provide our services to you;
bill you (and get paid);
communicate with you about your account;
recognize you when you communicate with us or want access to your account;
make sure that you actually exist (that you are not a fraudster);
comply with any legislation or regulation which requires us to collect the information.
When you interact with our support, sales and account management teams, we pick up personal information in order to effectively assist you. Here are some examples:
Our support team will gather account data and information about your question or problem so they can help you.
The sales and account management team will gather information about your use of our services and business requirements so they can give you appropriate advice on what the best service is for you. This type of information will also be used to improve our services and to train our employees.
When you use our services, ‘customer data’ is generated and collected. This includes your, and your account users’ personal information (name, contact details, billing address etc.), billing records, call or messaging logs, traffic routing information and the content of communications sent through or integrated with our services (e.g. the content of your SMSs, e-mails or chats). There are many reasons why we have to collect customer data. You are able to view some of the information on your account.
Furthermore, you are urged to take care to read and understand the underlying privacy clauses incorporated in this Privacy Notice:
Privacy: casual surfing: you may visit the SmartWill system without providing any personal information. You accordingly hereby grants express written permission for the System servers in such instances collecting the IP address of your computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the SmartWill system, pages viewed, etc. We use this information to determine use of the SmartWill system, and to improve content thereon.
Privacy: unsolicited information: You warrant that you own or otherwise control all of the rights to the Information that you posts; that the PI is accurate; that by the supply of the Information to us, you do not violate this Privacy Notice and does not infringe the rights of any person or entity. We reserve the right but not the obligation to monitor and edit or remove any PI, where posted to public pages but we take no responsibility, and assumes no liability for any PI posted by you or any third party; and
Privacy: solicited information you provide to us: We receive and store all PI which you enter on the SmartWill system or give to us, in any other way. You may choose not to provide certain PI, but that may limit the services that you may wish to obtain from this Provider. Provider provides its products and services in conjunction with its affiliates and subsidiaries.
Privacy: promotional information: We aspire to provide first-class service to you, which necessitates us providing information to you regarding new services or special offers. In each instance, the User is provided an opportunity to opt-out of such information circulars. For more information, please send an email to (info@ smartwill.co.za).
Privacy: lawful purposes: When we are served with due legal process requiring the delivery of PI, we have the legal duty to abide by that demand, and will do so upon first providing you with notice of the legal process and its requirement. We may also impart PI if permitted or required to do so by law.
Privacy: surveys and statistical profiles: We understand that efficiency and customer care translates to good service. We may periodically conduct online customer care surveys to facilitate the updating of service standards. When it conducts a survey, Provider will inform you on how the information gathered will be used, and will provide you with the opportunity to opt-out from such surveys. Notwithstanding the foregoing, we may chose to use PI to compile profiles for statistical purposes and may chose to trade with such profiles and statistical data, as long as the profiles or statistical data cannot be linked to any specific data subject, including you, by a third party.
You can opt-out of remarketing by visiting the link below:
To Opt Out click: http://optout.aboutads.info/?c=2&lang=EN