Privacy Policy

NIMPA LIMITED, REGISTRATION NUMBER 1993/004361/06 (“Nimpa”)
WEBSITE PRIVACY POLICY (“the Policy”)

The information, content, services and/or materials offered by Nimpa on, or through its website www.nhcltd.com (“the Website”), is made available subject to the provisions contained below.

Please read this Policy carefully before browsing the Website or using any of our services made available via the Website.

Your continued use of the Website indicates that you have read and agree to the terms of this Policy. You should not browse the Website or utilise Nimpa’s services which are accessed via the Website if you do not accept this Policy.

INTRODUCTION
1. Nimpa endeavours to comply with all laws and regulations providing for privacy including, but not limited to the Constitution of the Republic of South Africa, 108 of 1996 and the Protection of Personal Information Act, 4 of 2013 (“the POPI Act”);
2. Nimpa is committed to protecting the privacy and security of the personal information which is obtained by it when persons browse the Website. Nimpa will only process the personal information obtained by it when persons browse and utilise the Website in accordance with the terms of this Policy and the applicable laws;
3. For purposes of this Policy:
  1. “User/s” means the person/s who browse and/or utilise the Website, or on whose behalf the Website is accessed;
  2. “Personal Information” means the term “personal information” as defined in the POPI Act and means the Users’ personal information which Nimpa acquires as a result of Users’ browsing and/or accessing the services made available on the Website;
4. Nimpa seeks to ensure the quality, accuracy and confidentiality of all Personal Information in its possession and recognises the importance of protecting Users’ privacy in respect of the Users’ Personal Information collected by Nimpa when Users browse the Website. Nimpa is committed to protecting and preserving the Personal Information of all Users;
5. This Policy includes various consents and permissions by Users in respect of their Personal Information;
6. Users will be subject to the terms of the Policy in force at the time that they access the Website. The terms of this Policy may be amended by Nimpa from time to time in its discretion.
INFORMATION COLLECTION AND USE
1. Nimpa strives to collect only that Personal Information which is necessary for the intended purpose of the collection;
2. To the extent that Users elect to utilise the services offered by Nimpa via the Website, Nimpa shall require such Users to disclose certain of their Personal Information to it for purposes of rendering the services to such Users (for example first names and surnames, contact numbers and email addresses). Should Users elect not to provide the requested Personal Information to Nimpa, such Users shall not be able to make use of the services offered by Nimpa via the Website;
3. By agreeing to the terms contained in this Policy, Users consent to the processing of their Personal Information for the following purposes:
  1. The provision and performance of Nimpa’s services (and that of Nimpa’s service providers) to the User which are accessed by Users through their use of the Website;
  2. Responding to queries or requests of Users;
  3. Developing online user profiles;
  4. Understanding general user trends and patterns;
  5. To enable efficient use of the Website;
  6. For security, administrative and legal purposes;
4. The Personal Information that Nimpa collects as a result of the use of the Website by Users shall only be accessed Nimpa’s employees, representatives, contractors and third parties on a need-to-know basis and subject to reasonable confidentiality obligations binding such persons.
CONSENT TO PROCESS PERSONAL INFORMATION
1. By accessing the Website the Users agree and consent that Nimpa may process their Personal Information for the purposes described in this Policy including providing Users with access to the Website and the contents of the Website;
2. By providing Nimpa with their Personal Information, Users consent to having such Personal Information processed in accordance with the provisions contained in this Policy, which processing is necessary to enable Nimpa to carry out the actions required of it in relation to the Users when they access the Website and the services offered via the Website;
3. Processing shall include the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation, use; dissemination by means of transmission, distribution or making available in any other form; or merging, linking, as well as blocking, degradation, erasure or destruction of information;
4. Users should not browse the Website, or make use of the services offered on the Website, if they do not agree with Nimpa’s processing activities described in this Policy.
RETAINING PERSONAL INFORMATION
1. Records of Personal Information shall not be retained by Nimpa any longer than is necessary for achieving the purpose for which the Personal Information was collected or subsequently processed, unless:
  1. Retention of the record is required or authorised by law;
  2. Nimpa reasonably requires the record for lawful purposes related to its functions or activities;
  3. Retention of the record is required by a contract between Nimpa, or its service provider, and the User;
  4. The User has consented to the retention of the record;
2. Users consent to Nimpa retaining the Personal Information for the following purposes:
  1. Aggregate, statistical and reporting purposes and for only so long as is necessary to enable Nimpa to achieve the purpose for which the Personal Information was collected or subsequently processed, subject to the further provisions of section 14 of the POPI Act;
  2. Nimpa’s operational purposes and/or for production as evidence by Nimpa in legal proceedings in which event records relating to the Users’ use of the Website and the Personal Information submitted by Users may be required to be retained in terms of legislated records retention requirements;
3. Nimpa shall destroy or delete records of Users’ Personal Information, or deidentify such Personal Information as soon as reasonably practicable after it is no longer lawfully authorised to retain the applicable records.
TRANSBORDER FLOW OF PERSONAL INFORMATION
1. Nimpa may appoint certain agents, third parties and/or service providers which operate outside the borders of the Republic of South Africa. As a result, Nimpa may be required to transmit the User’s Personal Information to foreign countries;
2. Nimpa shall only transfer Personal Information of Users to a third party located in a foreign country if the third party is subject to a law, binding corporate rules or binding agreement which provide an adequate level of protection that:
  1. Effectively upholds principles for reasonable processing of the Personal Information that are substantially similar to the conditions for the lawful processing of Personal Information relating to a data subject who is a natural person and a juristic person where applicable; and
  2. Includes provisions, that are substantially similar to section 72 of the POPI Act, relating to the further transfer of the Personal Information from the recipient to third parties who are in a foreign country;
3. The purpose of the trans-border flow of the User’s Personal Information may include, but is not limited to data hosting and storage;
4. By continuing to browse and use the Website, Users are deemed to consent to the trans-border flow of their Personal Information as detailed above.
INFORMATION AND SECURITY
1. Nimpa shall secure the integrity and confidentiality of Users’ Personal Information in its possession or under its control by taking appropriate, reasonable technical and organisational measures to prevent loss of, damage to, or unauthorised destruction of Users’ Personal Information and the unlawful access to or processing of such Personal Information;
2. While Nimpa cannot warrant the security of the Personal Information provided by Users, Nimpa will take reasonable measures to continue to identify all reasonably foreseeable internal and external risks to Users’ Personal Information in Nimpa’s possession or under its control, shall establish and maintain appropriate safeguards against the risks identified, shall regularly verify that the safeguards are effectively implemented and shall ensure that the safeguards are continually updated in response to new risks or deficiencies in previously implemented safeguards.
USERS PARTICIPATION
1. Users have the right:
  1. To be notified that their Personal information is being collected;
  2. To be notified in the event that the Personal Information has been accessed or acquired by an unauthorised person;
  3. To request Nimpa to confirm whether or not it holds any Personal Information pertaining to such User and the right to request Nimpa to provide the record or a description of the Personal Information about the applicable User held by Nimpa;
  4. To request Nimpa to correct or delete the Personal Information that it holds on a User’s behalf, in instances where the Personal Information is incorrect, incomplete, irrelevant, excessive, inaccurate, out of date, misleading or has been obtained unlawfully;
  5. To request Nimpa to destroy or delete such User’s Personal Information if the information is no longer needed for the original processing purpose, alternatively if the User withdraws their consent and there is no other reason or justification to retain such Personal Information, further alternatively, if a User has objected to their Personal Information being processed and there is no justified reason for the processing of the User’s Personal Information;
  6. Not to be subject, under certain circumstances, to a decision which is based solely on the basis of the automated processing of the Personal Information intended to provide a profile of such person;
  7. To submit a complaint to the information regulator established in terms of the POPI Act;
  8. To withdraw their consent to the processing of their Personal Information at any time;
  9. To object, on reasonable grounds relating to the particular situation of the User, to the processing of the Personal Information unless the applicable legislation allows or requires such processing;
  10. Not to have their Personal Information processed for purposes of direct marketing by means of unsolicited electronic communication;
  11. To object to the processing of Personal Information for direct marketing purposes and to object to the processing of Personal Information processed for purposes of direct marketing by means of unsolicited electronic communications;
  12. To institute civil proceedings regarding the alleged interference with the protection of their Personal Information.
LOG FILES AND COOKIES
1. When Users access the Website certain information will be automatically collected in relation to the Users’ visit to the Website, such information includes but is not limited to:
  1. Users’ browser types and versions;
  2. Users’ operating systems and information about Users’ use of the Website including details of the Users’ visits to the Website (such as pages viewed and the resources that the Users accessed on the Website).
2. The Website also uses different types of cookies, such as: cookies which provide web analytics services, flash cookies and other types of cookies. Nimpa’s hosting agents and/or service providers may automatically log Users’ “IP addresses” (the unique identifiers for Users’ computers and/or other access devices). The aforesaid information collected by Nimpa is for aggregate purposes only and cannot be used to identify Users personally.
OUR CONTACT DETAILS
1. Telephone number: 011 919 0100
2. Fax number: 011 919 0117
3. Email address: legal@nhcltd.com
4. Physical address: La Rocca Business Park, Block E, 321 Main Rd, Bryanston
5. Postal address: P.O. BOX 2967, Northcliff, 2115

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