Document Type : Policy
Area of Application : nudge – internal and external use
1. PURPOSE AND SCOPE
- Purpose and Scope
- What is Considered Personal Information
- race, gender, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language;
- education or medical, financial, criminal or employment history;
- any identifying number, symbol, email address, physical address, telephone number, location information or online identifier;
- biometric information;
- correspondence sent, that is implicitly or explicitly of a private or confidential nature or correspondence that would reveal the original correspondence;
- the name of the person if it appears with other personal information relating to the person or if the disclosure of the name would reveal information about the person.
- Nudge has appointed a Privacy Officer who is responsible for monitoring and enforcing compliance with this Policy. Should anyone have any questions regarding this Policy, they can contact the nudge Privacy Officer:
2. NORMATIVE REFERENCES
- As relevant, nudge may reference guidelines as shared by the South African Market Research Association (SAMRA samra.co.za) and ESOMAR (www.esomar.org).
- This Policy considers the structural requirements as set out in the POPI Act (Protection of Personal Information Act of 2013), and more specifically considers the eight (8) conditions of lawful processing:
- Processing Limitations
- Purpose Specification
- Further Processing Limitation
- Information Quality
- Security Safeguards
- Data Subject Participation
3. WHO IS NUDGE
- Nudge is a South African-based online (digital) Market Research organisation. Our value proposition is based on gathering client information; deriving insights about consumers; and presenting findings, observations, results and conclusions, using statistical models and methods, to our clients who specifically pay us for this service.
4. WHAT INFORMATION WE COLLECT AND WHERE WE GET IT
- Automatically, passively submitted information
- When you visit our Site or complete a research survey, your browser and computer automatically provide us information on how you arrived there including the URL that referred you, your browser type and version, your device type, your internet protocol (IP) address, your location, the pages you visit as you navigate (clickstream data), how long you stay on those pages, and the hyperlinks you click on. This information is collected using various technologies including server logs, cookies, web beacons, and other tracking technologies.
- Actively provided information
- You may also actively provide us with personal information when you use our Site, complete a research survey or otherwise interact with us. For example, you will actively submit personal information to us when you fill out a form, complete a research survey, sign up to become a member of our Insight Communities or Consumer Panels, create an account, or send an email to our Support Team. In this context, we may ask you to provide contact information such as your name, email address, and physical address; social media information such as your social profile; login information such as user name and password; and other information such as survey responses, photo uploads, and forum posts. In each instance, you will know what data categories you provide, because you will be actively entering the information.
- Combined information sources
- We may link information that you automatically provide with information that you actively submit. When such a linkage occurs, we treat all of the combined data as personal data.
- Staff and suppliers may provide personal information to nudge in the normal course of business. This information may be in the form of an agreement, completed form (online or manual) or in the form of a CV (Curriculum Vitae).
5. HOW WE USE INFORMATION
- We use automatically, passively provided information on your technical environment and browsing history to operate and optimise our Sites and surveys.
- We use information you actively provide to us as to respond to your requests and to contact you with invitations to take surveys as well as marketing emails. We use your contact information including your email address and phone number to send you the information you have requested; for example, when you fill out the Contact Us or form on our site, sign up for newsletters and promotions, subscribe to our blog or apply for a job. When you become a member of our Insight Communities or Consumer Panels, we will send you regular invites and service emails as part of your ongoing membership and will contact you to administer rewards such as airtime and sweepstakes / contests.
- You may at any time choose to stop receiving communication from us by using one of the unsubscribe options we provide. Please see the “Your Choices and Rights” section of this Policy for more information about opting-out of communications.
- Service related communications that nudge sends to our own customers are covered in the “Keeping You Notified” section of this Policy.
- Your personal information is not retained by us for longer than necessary for the legally permissible purposes for which it was collected as outlined in this Policy, as required under applicable retention policies and as required or permitted in accordance with applicable law.
- Personal information received from potential staff, staff and suppliers such as identification (ID) number, may be used for references and referral purposes for example reference checks, criminal record checks, commercial solvency checks, credit checks or academic reference checks.
6. DATA RECIPIENTS
- We do not share your personal information with third parties, except in the following cases:
- with your consent
- with affiliated and unaffiliated services providers that act on our behalf and under our instructions to help us operate our business (data processors)
- in redacted or aggregated form that cannot be used to identify you individually
- if required or permitted by law, including as necessary to comply with the law, to protect the rights or safety of our website, other users, or third parties (e.g., for fraud protection and credit risk reduction purposes; for protecting and defending the rights or property of nudge, its customers, other users, or member of the public), or
- with a buyer of all, or substantially all of, our assets relating to a particular business line or division, or in connection with a merger, acquisition, reorganization or restructuring.
7. OUR CLIENTS
8. YOUR CHOICES AND RIGHTS
- You have a variety of choices regarding which personal information we may collect, process and use and for what purposes. Wherever reasonably practical, we will provide you with the ability to use the features of the Site without submitting personal information to us or to use a pseudonym. Some areas of the Site however, such as registration forms, questionnaires and other submissions pages require you to provide accurate and up to date personal information and your choice is to not use such areas and features.
9. KEEPING YOU NOTIFIED
- You can contact us, in the following ways, to request that we correct or stop using your personal information, or to find out what personal information we have collected about you:
- Email Communications – you may opt-out of receiving marketing and other promotional emails from us at any time by contacting us directly at firstname.lastname@example.org .
- Email Communications – members of our Insight Communities, and Consumer Panels we own can opt-out of participating by using the “Unsubscribe” links embedded in emails, or by using the “Unsubscribe” option in the Personal Profile section of some of the member portals / pages.
- Email Communications – some emails are transactional in nature, including emails we send to our clients regarding the services they have purchased. These emails do not provide the ability to opt-out.
- Web Monitoring – if you wish to browse any of our Sites without being tracked by cookies, there are a number of options available to you depending on the specific type of opt-out you wish to perform. More detail on this can be found in the section in this policy called “Cookies”. Data Access, Correction and Deletion – you may request access to your personal information to confirm that it is in our possession, to ensure that it is accurate and to make corrections, or to request that it be removed/anonymised. We will respond to your request as quickly as possible and will need to verify your identity before providing you with access to the personal information we hold about you. In some cases, we may be unable to accommodate your request if we are unable to verify your identity, if we are prohibited by law, if disclosure would result in the disclosure of the personal information of others, or if the request is unreasonable or impractical. If we are unable to process your request for these or any other reasons, we will provide you with an explanation of the reason for denial, and you will be permitted to request a review. All requests for information should be sent by email to email@example.com.
- When you visit some of our Sites and participate in some of our surveys, the Site may send you a cookie. Cookies are small text files that may be placed in your browser directory on your computer or mobile device. When a website is accessed, a cookie that is placed on a device will send information to the party that has placed the cookie. Cookies are extremely common and used on most websites. Each cookie will typically contain the name of the domain from which the cookie has come, the “lifetime” of the cookie, and a value (usually a unique number). For a more thorough explanation of what cookies are and how they operate, please visit www.aboutcookies.org or www.allaboutcookies.org.
11. INTERNATIONAL CONSIDERATIONS AND DATA TRANSFER
- Information collected on some of our Sites and through our Surveys may be processed outside of the country you are accessing the Site or Survey from. Other than in South Africa, we generally process personal information in Canada, the United States, Australia and the United Kingdom. Occasionally, we use service providers located in other jurisdictions to process data on our behalf and under our instructions. At all times, we take appropriate measures to ensure that your personal information is processed securely, and in accordance with international data transfer laws and this Policy.
- Nudge and its partners have implemented commercially reasonable safeguards and precautions to protect your personal information, including technical and organisational measures against unauthorised access, improper use, alteration, unlawful or accidental destruction, and accidental loss. These measures include utilising secure Transport Layer Security (“TLS”) connections for data collected via our Sites and Surveys, employee training, policies, and secure facilities. Access to personal information is restricted to employees and contractors who have a need to know and who are required to maintain the confidentiality and security of information. Failure to meet these requirements can result in termination and / or criminal prosecution where applicable.
14. CHILDREN’S DATA:
- Our Sites and Surveys are not intended for, or directed at children, and we do not knowingly collect personal information from any person under the age of 16 (sixteen years old); without parental consent. If we discover that we have inadvertently collected personal information from a person under 16 years of age (without parental consent), we will promptly take commercially reasonable measures to delete such information from our systems.
15. HOW YOU CONTACT US
- Nudge has appointed a Privacy Officer who is responsible for monitoring and enforcing compliance with this Policy. Should anyone have any questions regarding this Policy, they can contact our Privacy Officer by email at firstname.lastname@example.org or by mail at:
- Attention: Privacy Officer, PO Box 2523, Witkoppen 2068
- You may also contact nudge at any of the numbers listed at www.nudge.co.za.
16. HOW WE CONTACT YOU
- Your contact details are the details you have provided when registering yourself and opting-in to our Insight Communities, Consumer Panels and or Customer Experience platforms. We will only use these details to contact you if required.
- Should there be any breach of personal information, affected individuals will be personally notified (using contact details available) of the breach including: the nature of the breach, how the breach is being handled to minimise the impact on individuals as well as what will be done to mitigate the risk of the same or similar breaches in the future.
17. CHANGES TO THIS POLICY
- We may change the terms of this Policy at any time at our sole discretion so please review it periodically.