PRIVACY NOTICE
1 INTRODUCTION
1.1 Folio Online CC and Folio Translation Consultancy CC, trading as "Folio," maintains the website located at https://www.folio-online.co.za (“Website”) and a related mobile application downloadable as "Folio InterTel App" (together the "Folio Platforms") and provides language services such as translation, copywriting, editing, proofreading, interpreting, transcription, localisation, chaperoning/guiding, subtitling, voice-over, voice directing or any other professional and related language services as may from time to time be required from the language service industry, including those available on the Folio Platforms (the “Folio Services”).
1.2 Access to and use of the Folio Services by you is governed by this privacy notice (the "Notice") as read with the terms and conditions contained in the written agreement entered into between you and Folio (the "Terms and Conditions"). Any references to "Folio", "we", "us" or "our" shall be to Folio Online CC and or Folio Translation Consultancy CC, and shall include, where applicable, our affiliates and subsidiaries, if applicable. References to "user", "you" or "your" shall be to any person that has registered for or that uses the Folio Services.
1.3 We are the "responsible party" for purposes of applicable data protection legislation in respect of all the Personal Information that you submit to us and/or that may be collected by us through any correspondence and/or communication with you or during the provision of the Folio Services to you.
1.4 This Notice does not apply to the practices of third parties (including, without limitation, their websites, platforms and/or applications) which we do not own or control or individuals that we do not manage or employ. These third-party platforms may have their own privacy policies and terms and conditions, and we encourage you to read them before using those third-party platforms.
1.5 This Notice contains warranty disclaimers and other provisions that limit Folio’s liability towards you, or which may require you to indemnify Folio or assume a risk or liability. Any such terms will be in bold, in the same style as this paragraph. By accessing and using the Folio Services, you acknowledge that you have read, accept, and will be bound by this Notice as read with the Terms and Conditions. If you do not agree to this, please do not use the Folio Services.
2 DEFINITIONS
2.1 In this Notice, unless the context indicates a contrary intention, the following words and expressions bear the following meaning assigned to them:
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2.1.1 “Data Protection Laws” means the Protection of Personal Information Act, 4 of 2013 as amended and as may be promulgated from time to time and any other similar legislation of another jurisdiction that applies to the processing of Personal Information by Folio in the rendering of the Folio Services;
2.1.2 "days" means calendar days unless qualified by the word "business", in which instance a "business day" will be any day other than a Saturday, Sunday or public holiday as gazetted by the government of the Republic of South Africa from time to time;
2.1.3 "Folio Services" means the translation, editing, proofreading, copywriting, transcription, localisation, interpreting, voice overs, sub-titles and search engine optimisation services provided by Folio to its clients;
2.1.4 “Medical Professional” means a medical professional registered as such at the Health Professions Council of South Africa, the South African Nursing Council or any similar professional regulatory body that makes use of the Folio Services for purposes of communicating with a patient during a medical consultation;
2.1.5 "Personal Information" means personal information as defined in applicable Data Protection Laws, which applies to a user from time to time, including any information of a personal nature by which the user can be identified as an individual, such as their name, postal address, email address, telephone number, postal code, date of birth, gender, age, medical and health information, payment and/or financial details; and
2.1.6 “Processing” shall have the meaning as defined in the Protection of Personal Information Act, 4 of 2013 and includes the collection, receipt, recording, organisation, collation, storage, updating, modification, retrieval, destruction, erasure, consultation or use of Personal Information, as well as the dissemination thereof by means of transmission, distribution or making available in any form.
3 INFORMATION WE MAY COLLECT ABOUT YOU
3.1 When you use the Folio Services, we may collect Personal Information that you provide to us. In particular, we may collect and process the following information (which may include Personal Information):
3.1.1 information that you provide to us when you register or contract for the Folio Services, such as your name, contact information and location;
3.1.2 if you are a Medical Professional making use of the Folio Services, your registration with the applicable professional body, affiliation number, the health facility at which you practice/work and other information you provide to us or that we need to process to verify your identity;
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3.1.3 information we may request from you should you report a problem with the Folio Services;
3.1.4 information provided by you when you contact us, or when we contact you and you agree that we may keep a record of such correspondence;
3.1.5 transactional, financial and payment information related to your purchases when you make use of the Folio Services;
3.1.6 information about you when you voluntarily register with us to receive news, complete any "contact us" forms, or complete any user surveys or feedback forms.
3.2 If you are a Medical Professional using Folio’s interpretation services, for purposes of a consultation with a patient you may be asked to provide us with certain Personal Information about the patient, including information relating to their:
3.2.1 name and surname;
3.2.2 gender;
3.2.3 medical history and/or medical conditions or symptoms;
3.2.4 date of birth or age;
3.2.5 wellbeing;
3.2.6 physical and/or mental health;
3.3 The supply of Personal Information is voluntary; however, you hereby acknowledge that we cannot make the Folio Services available to you and/or provide certain portions thereof to you, should you wish not to supply such Personal Information.
3.4 You acknowledge and agree that we may use third party service providers, agents, contractors and/or administrators to assist us to provide the Folio Services and or for purposes of Folio’s business operations. Certain of these third parties may Process the Personal Information provided by you to us and you hereby specifically consent to such Processing and/or storage by such third parties.
3.5 In particular, the decision to disclose information categorised as special Personal Information (such as health data and/or medical history) is entirely voluntary, however if you do not wish to provide this, we may not be able to provide certain portions of the Folio Services to you. By sharing this information, you are agreeing
to us and our duly appointed third parties [including administrators and service providers (where applicable)] processing this special Personal Information to the extent necessary to provide the Folio Services to you. If you do not wish for us to
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process your special Personal Information, do not submit this information to Folio and do not make use of the Folio Services.
3.6 To the extent that you provide us with Personal Information of a third party, you hereby warrant and undertake to Folio that you have obtained the necessary written consent/s of such third parties in terms of applicable Data Protection Laws in writing and that copies of such consent/s will be provided to Folio upon request. You hereby indemnify Folio in respect of any claims, damages, expenses, losses and/or costs incurred by Folio as a result of your failure to obtain the necessary consents from such third parties and/or to provide copies of such consents to Folio in terms of this clause.
4 HOW WE COLLECT YOUR PERSONAL INFORMATION
4.1 We collect Personal Information, so that we can provide the Folio Services to you. We only collect the Personal Information we need in order to perform the Folio Services. We will collect Personal Information in a fair, lawful and reasonable manner to ensure that it protects your privacy, and we will process your Personal Information based on legitimate grounds in a manner that does not adversely affect you.
4.2 When you make use of the Folio Services, we collect Personal Information in different ways, such as when you directly give us Personal Information. This may include when you:
4.2.1 visit our Website;
4.2.2 by filling in forms or by corresponding with us;
4.2.3 make purchases of the Folio Services (which include the Folio Platforms); 4.2.4 use the Folio Services;
4.2.5 complete a questionnaire;
4.2.6 register to receive marketing or correspondence from us;
4.2.7 request information to be sent to you; and/or
4.2.8 provide feedback to us.
5 PURPOSE OF COLLECTING YOUR INFORMATION
5.1 We may use the information, including the Personal Information we hold about you, for the following purposes:
5.1.1 to process and facilitate payments you make to us or in certain instances, we may make to you;
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5.1.2 to verify and keep a record of your identity;
5.1.3 to ensure that the content on our Website is presented in the most effective manner for you and for your device;
5.1.4 to monitor and analyse the conduct on the Website to ensure compliance with applicable laws, reduce the likelihood of fraud and for other risk-prevention purposes;
5.1.5 for internal business purposes such as generating statistics and developing our strategic and marketing plans;
5.1.6 to provide you with information on the Folio Services that you request from us and/or to contact you about the Folio Services where you request this;
5.1.7 to market the Folio Services which we feel may interest you, where you have consented to being contacted for such purposes;
5.1.8 to carry out statistical and marketing research and for forecasting; 5.1.9 to carry out any contracts that may be concluded between us;
5.1.10 to generate reports and conduct statistical analysis about the queries you make using the Website;
5.1.11 to respond to any queries you make;
5.1.12 to notify you about changes to our Folio Services; and/or
5.1.13 to improve the Folio Services – for example you may be asked to complete an online survey, or we may employ tools to analyse the Folio Services.
5.2 We may also use the Personal Information provided by you to:
5.2.1 enforce agreements and the Terms and Conditions between us, monitor user activity, and more effectively manage traffic on the Website;
5.2.2 provide customer services; and
5.2.3 assist you with technical difficulties in relation with the Folio Platforms. 6 RECORDING OF CERTAIN CALLS
6.1 You hereby acknowledge and agree that where interpretation services are provided telephonically and/or via the Folio InterTel App are provided, such calls and/or interactions are or may be recorded, and you hereby expressly agree to such recordings being made.
6.2 In event that you are making use of Folio’s interpretation services and this involves the interaction of a third party (such as a patient, where you are a Medical Professional making
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use of the Folio Services for purposes of a consultation with that patient), you hereby warrant and undertake that you have obtained the consent of such third party to such recording in writing and that you will provide a copy of such consent to Folio upon request. You hereby indemnify Folio in respect of any claims, damages, expenses, losses and/or costs incurred by Folio as a result of your failure to obtain the necessary written consents from such third parties and/or to provide copies of such consents to Folio in terms of this clause.
7 WHAT ARE THE LAWFUL GROUNDS THAT WE RELY ON TO PROCESS YOUR PERSONAL INFORMATION?
7.1 When we process, collect or store your Personal Information, we do so on the following basis:
7.1.1 where it is necessary to process your Personal Information in connection with the performance of an agreement that we have with you, including any Terms and Conditions you agree to when making use of the Folio Services;
7.1.2 where we are required to use your Personal Information to comply with our legal obligations, a request from a regulator or court of law or as otherwise obliged or permitted by law;
7.1.3 to pursue our legitimate interest, provided that we only use your Personal Information to pursue our legitimate interests where your interests and fundamental rights or freedoms do not override those interests; and
7.1.4 for any other purpose that you have agreed with us where you have given your explicit consent for specific forms of processing of your Personal Information, which consent you may revoke at any time.
7.2 We may process your Personal Information without your knowledge or consent, in compliance with the aforementioned lawful grounds, where this is required or permitted by law.
8 SHARING OF YOUR PERSONAL INFORMATION
8.1 We will not use your Personal Information for any purpose (other than as stated in this Notice) without your consent. We will not use or disclose your Personal Information to third parties (other than as specified herein) without your consent, unless such use or disclosure is:
8.1.1 required in order to comply with applicable law, an order of court or legal process served on us; and/or
8.1.2 disclosure is necessary to protect and defend our rights or property.
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8.2 We will furthermore be entitled to disclose your Personal Information to our affiliates, agents, advisors, employees and/or third-party service providers and suppliers who assist us to interact with you and for the provision of the Folio Services, and who thus need to know your Personal Information in order to assist us and to communicate with you properly and efficiently.
8.3 We will ensure that all such employees and/or third-party service providers having access to your Personal Information are bound by appropriate and legally binding confidentiality and non-use obligations in relation to your Personal Information.
8.4 We may also provide information to third party service providers who process Personal Information on our behalf to help run some of our internal business operations, including email distribution partners, information technology services partners, and customer service partners.
8.5 You understand that we may disclose or share Personal Information with third parties as outlined above to provide the Folio Services to you. If you are concerned about these arrangements, you should not use the Folio Services.
8.6 On rare occasions, we may be required to disclose your Personal Information due to legal or regulatory requirements. In such instances, we reserve the right to disclose your Personal Information as required in order to comply with our legal obligations, including but not limited to complying with court orders, warrants, service of process requirements or discovery requests.
8.7 We may also disclose Personal Information about our users to law enforcement officers or others, in the good faith belief that such disclosure is reasonably necessary to enforce this Notice, respond to claims that any content violates the rights of third-parties, or protect the rights, property, or our personal safety or the personal safety of our employees, other users
or the general public.
9 DATA RETENTION AND STORAGE
9.1 We will not retain your Personal Information longer than the period for which it was originally required, unless we are required by law to do so, or you consent to us retaining such Personal Information for a longer period. Where your Personal Information is no longer required, we will ensure it is disposed of in a secure manner and, where required by applicable law, we will notify you when such information has been disposed of.
9.2 Copies of correspondence sent in relation to the Folio Services, that may contain your Personal Information, may be stored as archives for record-keeping and back-up purposes.
9.3 We may store Personal Information using our own secure on-site servers or other internally or externally hosted technology. Personal Information may also be stored by third parties,
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via cloud services or other technology, whom we have contracted with to support our business operations.
9.4 If you have questions about the retention of your records, please email us at the email address set out in paragraph 13.4 below.
10 PROTECTION OF YOUR PERSONAL INFORMATION
10.1 We are committed to protecting the Personal Information you provide in a variety of ways. 10.2 We will:
10.2.1 treat your Personal Information as strictly confidential;
10.2.2 take appropriate technical and organisational measures to ensure that your Personal Information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
10.2.3 where legally required, promptly notify you if we become aware of any unauthorised use, disclosure or processing of your Personal Information; and
10.2.4 upon your request, promptly return or destroy any and all of your Personal Information in our possession or control.
11 COOKIES AND OTHER INFORMATION
11.1 We may use cookies to manage our users’ sessions and to store preferences, tracking information, and language selections. "Cookies" are small text files transferred by a web server to your hard drive and thereafter stored on your computer.
11.2 We may use these cookies and similar techniques when you access our Website to provide you with a better experience.
11.3 Cookies enable us to:
11.3.1 estimate our audience size and usage pattern;
11.3.2 store information about your preferences, which allows us to customize the Website according to your individual interests;
11.3.3 speed up your searches; and
11.3.4 recognise you when you return to the Website.
11.4 You have the ability to either accept or decline the use of cookies. You can configure your browser to not accept cookies. However, declining the use of cookies may limit your access to certain features of the Website.
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12 DIRECT MARKETING
12.1 We acknowledge that we may only use your Personal Information for purposes of direct marketing (such as sending you email marketing and newsletters) where it is permissible to do so in terms of applicable Data Protection Laws.
12.2 We may use your Personal Information to contact you and/or market the Folio Services directly to you if you are one of our existing users or where we have your consent to market directly to you.
12.3 If you are an existing user, we will only use such Personal Information that we have obtained through the provision of the Folio Services to you, and only in relation to similar products and services to the ones we previously provided to you.
12.4 We will ensure that you have a reasonable opportunity to object to the use of your Personal Information for direct marketing purposes when we collect the Personal Information from you and in each instance where we may send you direct marketing communications. This will generally be in the form of an opt-in function and in the form of unsubscribe and opt
out functionalities.
12.5 We will not use your Personal Information to send you direct marketing communications if you have requested not to receive it. If you request that we stop processing your Personal Information for direct marketing purposes, we shall do so. We encourage you to use the forms and links provided for this purpose in the marketing materials sent to you.
13 YOUR RIGHTS IN RELATION TO OUR USE OF YOUR PERSONAL INFORMATION
13.1 Subject to certain exceptions, you have rights under applicable data protection laws in relation to our use of your Personal Information, including the right to:
13.1.1 review, or request access or copies of your Personal Information which is within our custody and control together with details about how we use that Personal Information. If any of the Personal Information that we hold about you is inaccurate, you may request that we correct or rectify it;
13.1.2 in certain circumstances, to require us to stop processing your Personal Information;
13.1.3 to request that we delete or erase Personal Information in certain circumstances (such as in accordance with retention obligations);
13.1.4 withdraw any consent to processing that you have given us and prevent further processing if there is no other legitimate ground upon which we can process your Personal Information;
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13.1.5 require certain Personal Information to be marked as restricted for processing in certain circumstances;
13.1.6 object to automated decision-making, including profiling; and
13.1.7 lodge a complaint with the Information Regulator if you think we are in breach of Data Protection Laws.
13.2 In relation to all of these rights, please email us at the email address set out in paragraph 13.4 below. Please note that we may, where permitted under applicable law, charge a small administrative fee and/or request proof of identity. We will respond to your requests within reasonable or prescribed timeframes.
13.3 In certain circumstances (for example where required or permitted by law), we might not be able to provide you with access to some of your Personal Information, but where appropriate we will notify you of the reasons for this.
13.4 You may request access to the Personal Information that we collect about you by sending an email to us at he********@fo**********.za
14 ACCURACY OF PERSONAL INFORMATION
14.1 You warrant that all information (including Personal Information) that you provide to us is accurate, truthful, and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything. Failure to adhere to this requirement will entitle us to, among other things, terminate your use of the Folio Services.
14.2 You acknowledge that we may verify your identity and your Personal Information through an automated email and / or one time pin verification process and/or with third party service providers.
15 INTERNATIONAL DATA TRANSFERS
15.1 You acknowledge and agree that we may, from time-to-time transfer and Process (including storing and/or hosting) your Personal Information outside South Africa. Should your Personal Information be transferred outside South Africa, we shall endeavour that at least the same level of data protection will be applied in the country where the data is being processed, or that we and the recipient at all times act in compliance with applicable privacy laws.
15.2 We will at all times ensure that appropriate security safeguards are in place to secure and protect such Personal Information and take the appropriate measures to ensure that Personal Information will receive the level of protection as required by Data Protection Laws.
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15.3 An example of where your Personal Information may be transferred to another country is where a service provider whom we rely on hosts your Personal Information in a foreign country or where any contracted interpreters or translators are located in a different country.
16 DISPUTE RESOLUTION AND GOVERNING LAW
16.1 Any disputes that may arise hereunder shall be governed by the laws of South Africa. All proceedings, which may arise out of, or in connection with, this Notice shall be brought solely in the Western Cape Division of the High Court in South Africa.
16.2 You agree that if there is any dispute in respect of this Notice, we will attempt to first resolve the dispute informally by engaging with you. Please contact our service manager at jo*********@fo**********.za if you wish to notify us of a dispute. Should this informal dispute resolution process fail, the dispute may be referred to arbitration in accordance with the rules of the Arbitration Foundation of South Africa. This will not preclude Folio or yourself from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the decision of the arbitrator.
16.3 If you breach this Notice, we may take such action, including legal action, as we deem appropriate. All costs, charges and expenses incurred by us in enforcing our rights including, without limitation, legal costs on the scale as between an attorney and own client and collection commission, shall be recoverable from you if the above rights are successfully enforced.
16.4 It is not intended that any part of this Notice contravene any provision of any legislation which may apply including in respect of data privacy and data security. Therefore, all the provisions of this Notice must be treated as being qualified, to the extent necessary, to ensure that the provisions of applicable legislation are complied with.
17 SEVERABILITY
All provisions of this Notice, notwithstanding the way they have been grouped together or linked grammatically, are severable from each other. Any provision of this Notice, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any other reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto (as if not written herein) and the remaining provisions shall remain of full force and effect.
18 WHOLE AGREEMENT
18.1 This Notice, as read with the Terms and Conditions, constitute the entire and only agreement between Folio and you and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings concerning the Folio Services.
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18.2 We reserve the right to change this Notice from time to time, and in our sole discretion. We may send you a notice regarding material changes to this Notice, but we encourage you to frequently check this Notice for any changes. Your continued use of the Folio Services after any change in this Notice will constitute your acceptance of such changes.
19 COMPLAINTS
You have the right to lodge a complaint in respect of our processing of your Personal Information where you feel that we are not adhering to applicable law. You may contact the office of the Information Regulator at the following email address: PO*************@in***********.za
20 HOW TO CONTACT US
20.1 If you have any questions, comments and/or requests about this Notice, please contact us at he********@fo**********.za with "Privacy Notice " in the subject line or call us on (+27)21 426 2727.
20.2 Folio’s Information Officer is Henk Hagen and the deputy information officer is Alyssa Eksteen.