1.1 Introduction and scope
Road2Asia (“R2A” or “we” or “us” or “our“) conducts its business as a travel agency. In addition, our offices are located in Pretoria (441 Ridgeview Road, Waterkloof Ridge). R2A is the responsible party (or data controller, in some jurisdictions) in respect of your Personal Information (see clause 3.1). Furthermore, Special Personal Information (see 4.1 below), means that R2A determines the purpose for processing your Personal Information.
R2A commits to protecting and respecting your privacy. As a result, we ensure that our use of your Personal Information is lawful, reasonable, and relevant.
1.1.7 the Terms; and
1.1.8 the Agreements.
1.2 Your consent to the Processing of your Personal Information
3. What is Personal Information?
“Personal Information” refers to private information about an identifiable living natural person. As a result, Personal Information does not include information that does not identify you. In short, the Personal Information that we collect about you may differ on the basis of your engagement with us.
We may process various types of Personal Information about you, as follows:
Identity Information, includes information concerning your name, username or similar identifier, marital status, title, occupation, and interests. As well as the date of birth, gender, race, and legal status, as well as copies of your identity documents. Lastly, photographs, identity number, registration number, and your qualifications;
Contact Information, which includes your billing addresses, delivery addresses, e-mail addresses, and telephone numbers;
And Financial Information, which includes bank account details; details of funds which we invest and hold on your behalf for a matter. For instance, insurance information, financial statements, tax clearance certificates, and VAT registration numbers;
And Transaction Information, which includes details about payments made to or received from you.
As well as Technical Information, which includes your internet protocol (IP) address, and your login data. As well as browser type and version, time zone setting, and location.
And Usage Information, which includes information as to your access to and use of the Website. Products and services, such as what links you went to, and what content you accessed. As well as the amount of content viewed and the order of that content. Lastly, the amount of time spent on the specific content and what products and services you access.
As well as Location Information, which includes geographical information from your Access Device; and
Marketing and Communications Information, which includes your preferences in respect of receiving marketing information from us and third parties. As well as your communication preferences.
Therefore, R2A may also process, collect, store and/or use aggregated data, which may include historical or statistical data (“Aggregated Data“). Aggregated Data may be derived from your Personal Information.
We hereby notify you that, by engaging with R2A, we may collect certain Special Personal Information about you. In addition, “Special Personal Information” refers to your religious or philosophical beliefs, race or ethnic origin, health, or sex life. As well as biometric information or information about your criminal offenses or convictions.
The processing of Special Personal Information requires higher levels of protection. Therefore, R2A needs to have further justifications for processing Special Personal Information. Therefore, R2A has implemented appropriate policies and safeguards, which we are required by law to maintain, to process Special Personal Information.
5. When will we process your Special Personal Information?
This is to say that R2A will generally not process particularly Special Personal Information about you unless it is necessary. For this reason, on rare occasions, there may be other reasons for processing your Special Personal Information. Furthermore, the situations in which we may process your Special Personal Information include the following:
racial and ethnic information may be processed by R2A through CCTV cameras installed at R2A premises.
as part of the recruitment and hiring process, we may process information relating to your criminal behavior;
we may process information pertaining to your political persuasion as the (KYC) processes and customer due diligence (CDD) checks;
We process information relating to your health as part of our screening process, to comply with Covid-19 regulations; and
We may also process information that indicates your religious beliefs.
6. How we collect your Personal Information
6.1 Therefore, we collect your Personal Information in the following ways:
through direct or active interactions with you;
through automated or passive interactions with you;
from third parties and public sources; and
6.2 Direct or active collection from you
We may require that you submit certain information:
and also to enable you to access portions of the Website;
and also to subscribe to our publications;
and also to request marketing or information about our events to be sent to you;
and also to apply for job opportunities;
and also to make contact with our partners and employees;
and also to grant you access to our premises;
and also to enable you to facilitate the conclusion of an agreement with us; and
that is necessary for the fulfillment of our statutory or regulatory obligations.
We also collect Personal Information directly from you when you communicate directly with us. For instance when you complete certain application forms. This is to say via e-mail, telephone calls, feedback forms, giving us your business card, site comments, or forums.
If you contact us, we reserve the right to retain a record of that correspondence.
The Personal Information that we actively collect from you includes the Personal Information listed in clause 3.2.
6.3 Passive collection from your Access Device when browsing our Website
Firstly, e may collect your Personal Information from the Access Device that you use to access and navigate the Website. In short, is to say by way of various technological applications. For instance, using server logs to collect and maintain log information.
When you visit the Website again, the cookie allows the site to recognize your browser. Cookies may store user preferences and other information.
The Personal Information that we passively collect from your Access Device may include your Identity Information. As well as your Contact Information, your Technical Information, your Profile Information, and your Usage Information. And lastly, your Location Information and your Marketing and Communications Information.
6.4 Collection from third parties and public sources
R2A receives Personal Information and Special Personal Information about you from various third parties.
R2A collects Personal Information and Special Personal Information about you through CCTV cameras installed at R2A premises.
7. How we use your Personal Information
7.1 We use your Personal Information for the following purposes:
to provide legal and travel services to our clients;
in relation to matter-related documents and information, for legal research, referencing, and drafting.
to find TEFL Jobs and process documents on behalf of our clients;
to comply with our regulatory reporting obligations;
to comply with our statutory obligations, including client identification and verification as part of our KYC and CDD obligations.
to conduct the recruitment and hiring processes, which includes conducting criminal records and credit checks.
in relation to supplier information, to create supplier profiles on our systems, pay suppliers, and for general supplier administration;
to maintain and improve the Website and to improve the experience of our users by requesting feedback from them.
to retain and make information available to you on the Website;
to maintain and update our client, or potential client databases;
to maintain and update our supplier database;
to establish and verify your identity on the Website;
and also to operate, administer, secure and develop the Website and the performance and functionality of the Website;
and also to detect fraud, security breaches, or the abuse, misuse, or unauthorized use of our systems and files.
and also to create user profiles, compile and use statistical information (including non-personal information) about you.
and also to conduct market research surveys;
and also to offer you information and content which is more appropriately tailored for you as far as reasonably possible;
Furthermore, to provide you with the latest information about our products and services.
for security, administrative and legal purposes;
as well as for client relations purposes, which may include storage of clients’ marital status and birthdates;
and pitching, opportunity tracking, and reporting;
campaign tracking and reporting;
and also to communicate with you and retain a record of our communications with you and your communications with us;
to fulfill any contractual obligations that we may have to you or any third party;
and also to invite you to webinars, functions, or events.
to analyze and compare the types of Access Devices that you use; and
and finally for other activities and/or purposes that are lawful, reasonable, and adequate
R2A will obtain your permission before collecting or using your Personal Information and/or Special Personal Information.
8. Compulsory Personal Information and consequences of not sharing it with us
8.1 The following information is compulsory Personal Information for instance:
your name and surname;
your contact details, such as your email address and/or your telephone number.
Other types of Personal Information may be necessary, including:
financial (including bank account details, and tax information);
names and registration numbers as contained in documents issued by the Companies and Intellectual Property Commission and the South African Revenue Service; and
information that may be necessary to ensure our compliance with the Financial Intelligence Centre Act, 38 of 2001.
All other Personal Information is optional. If you do not agree to share the above-mentioned compulsory Personal Information with us, then you will not be able to engage with us, supply your products or services to us or make full use of our products and services and/or the features that are offered to Website users, including products and services which are available on the Website. However, if you do not agree to share your optional information with us, then you might not be able to engage with us fully, be paid for your products and services or receive complete and accurate products and services from us or enjoy all of the features and functionality on the Website, including certain content and products and services.
|In the clause above, you agree and accept that there is certain compulsory Personal Information you must provide us with if you want to engage with us fully, supply your products or services to us and/or enjoy all of the features and functionality on the Website. If you decide not to provide us with such compulsory Personal Information, you agree that we may limit our engagement with you, our procurement of your goods and services, and certain features and functionality on the Website.|
You agree and give permission for us to share your Personal Information under the following circumstances:
with R2A’s alliance partners, affiliated firms, or other law firms with whom we have collaboration arrangements, to invite you to webinars, functions, or events that we may jointly host, where you have subscribed to receive such communications. Therefore, such alliance partners, affiliated firms, or other firms may be located outside of South Africa, and in such circumstances, we will comply with clauses 10.3 and 10.4 below;/p>
with our employees, suppliers, consultants, contractors, and agents if and to the extent that they require such Personal Information in order to process it for us and/or in the provision of services for or to us, which include know-how and research, pitching to other clients to obtain further instructions; reporting purposes (e.g. the South African Revenue Service); hosting, development and administration, technical support and other support services relating to the Website or the operation of our business.
to enable us to enforce or apply our Terms and/or any Agreement you have with us;
to enable us to monitor web traffic: web servers serving the website automatically collect information about pages you visit. This information is used for internal review, to tailor information to individual visitors, and for traffic audits;
for statistics purposes: we may perform statistical analyses in order to measure interest in the various areas of the Website (for product development purposes);
to protect our rights, property, or safety or that of our clients, employees, contractors, suppliers, agents, and any other third party;
with governmental agencies and other regulatory or self-regulatory bodies, if required to do so by law or when we reasonably believe that such action is necessary to:
as well as comply with the law or with any legal process;
protect and defend the rights, property, or safety of R2A, or our clients, employees, contractors, suppliers, agents, or any third party;
protect the rights, property, or safety of members of the public (if you provide false or deceptive information or misrepresent yourself. Furthermore, we may proactively disclose such information to the appropriate regulatory bodies and/or commercial entities).
We will get your permission before disclosing your Personal Information to any third party for any other purpose if we are required by law to do so.
10.1 We store your Personal Information on:
our premises, in the form of hard copies;
the premises of third-party service providers such as document storage service providers;
our servers; or
on the servers of our third-party service providers, such as IT systems or hosting service providers.
Consequently, in the event of the scenarios contemplated in clauses 10.1.2 and 10.1.4, we will ensure that we have entered into written agreements with those third-party service providers governing our relationship with them that require them to secure the integrity and confidentiality of Personal Information in their possession by taking appropriate, reasonable technical and organizational measures.
From time to time, R2A and its service providers may need to transfer to and/or store your Personal Information on servers in a jurisdiction other than where it was collected (i.e. outside of South Africa) and we hereby notify you that such jurisdiction may not have comparable data protection legislation.
If the location to which Personal Information is transferred and/or is stored does not have substantially similar laws to those of South Africa, which provide for the protection of Personal Information. Then we will take reasonably practicable steps, including the imposition of appropriate contractual terms to ensure that your Personal Information is adequately protected in that jurisdiction.
Please contact us if you require further information as to the specific mechanisms used by us when transferring your Personal Information outside of South Africa or to a jurisdiction that is different from the one in which we collected your Personal Information.
We take reasonable technical and organizational measures to secure the integrity of your Personal Information and use accepted technological standards to prevent unauthorized access to or disclosure of your Personal Information and protect your Personal Information from misuse, loss, alteration, and destruction.
Therefore, We review our information collection, storage, and processing practices, including physical security measures periodically, to ensure that we keep abreast of good practices.
We also create a backup of your information for operational, business continuity, and safety purposes, and we have a backup disaster recovery program.
Despite the above measures being taken when processing Personal Information and Special Personal Information, subject to the provisions of this clause 11.4, as far as the law allows, we will not be liable for any loss, claim, and/or damage arising from any unauthorized access, disclosure, misuse, loss, alteration or destruction of your Personal Information and/or Special Personal Information.
R2A has implemented policies and procedures to address actual and suspected data breaches and undertakes to notify you and the relevant regulatory authorities of breaches in instances in which R2A is legally required to do so and within the period in which such notification is necessary.
|In this clause, you acknowledge that you know and you accept that technology is not absolutely secure and there is a risk that your Personal Information and Special Personal Information will not be secure when processed by means of technology. We do not promise that we can keep your Personal Information and Special Personal Information completely secure. To the maximum extent permitted by law, you will not be able to take action against us if you suffer losses or damages in these circumstances.|
We may keep your Personal Information for as long as you continue to engage with us, provide services or products to us, access the Website and content, and/or use our products and/or services or for as long as reasonably necessary or until you contact us and ask us to destroy it.
12.2.1 we are required or permitted by law, a code of conduct, or a contract with you to do so;
12.2.2 we reasonably need it for lawful purposes related to the performance of our functions and activities;
12.2.3 we reasonably require it for evidentiary purposes; or
12.2.4 you agree to us retaining it for a specified further period.
To determine the appropriate retention period for Personal Information, R2A will then consider, among other things, the nature and sensitivity of the Personal Information, the potential risks or harm that may result from its unauthorized use or disclosure, the purposes for which we process it and whether those purposes may be achieved through other means. R2A will always comply with applicable legal, regulatory, tax, accounting, or other requirements as they pertain to the retention of Personal Information, as well as our Record Retention Policy.
That is to say, where required by law, R2A will take all reasonable steps to ensure that your Personal Information is accurate, complete, not misleading, and up to date.
We also acknowledge that you may have rights of access to, and the right to rectify, your Personal Information, and rights to object to the processing of your Personal Information in certain circumstances (clause 14 below contains further information about these rights).
Moreover, you must let us know if any of the Personal Information that we have about you is incorrect, incomplete, misleading, or out of date, by notifying us at the contact details set out in clause 1.1.3 above or where applicable, by notifying your R2A contact.
Where required by law, we will take reasonable steps to correct or update your Personal Information accordingly, having regard to the purpose for which such Personal Information was collected or used.
Data protection legislation may confer certain rights on you in respect of your Personal Information. We aim to be clear about what Personal Information we collect so that you can make meaningful choices about what Personal Information you make available to us. You may, for example:
Block all cookies, by setting your browser to do so, including cookies associated with our products and services or to indicate when a cookie is being sent by us.
and also Request access to your Personal Information (commonly known as a “data subject access request”), which indicates what Personal Information we have about you.
and also request to correct your Personal Information, in order to ensure that any incomplete or inaccurate Personal Information is correct.
and also Request erasure of your Personal Information, where there is no lawful basis for the retention or continued processing of it.
and also Object to the processing of your Personal Information for a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts your fundamental rights and freedoms.
Request restriction of processing of your Personal Information. Moreover, this enables you to ask R2A to suspend the processing of your Personal Information in limited circumstances, which may differ by jurisdiction.
Withdraw consent that you previously gave to the processing of your Personal Information at any time. As a result, you may withdraw your consent for us to process your Personal Information at any time. The withdrawal of your consent is only valid on the condition that such withdrawal of your consent for instance:
Therefore, it does not affect the processing of your Personal Information before the withdrawal of your consent; or
It does not affect the processing of your Personal Information if the processing is in compliance with an obligation according to law; or
It does not affect the processing of your Personal Information where such processing is necessary for the proper performance of a public law duty by a public body; or
and it does also not affect the processing of your Personal Information as required to finalize the performance of a contract in which you are a party; or
Furthermore, it does not affect the processing of your Personal Information as required to protect your legitimate interests or our own legitimate interests, or the legitimate interests of a third party to whom the information is available.
Withdrawal of consent may limit our ability to provide certain products and services to you or the ability of a third party to provide certain products or services to you.
The Website and our products or services do not target people under 18 years old.
We may in limited instances process the Personal Information of children including in the course of providing services to you. In such cases, children’s Personal Information is made available with the consent of a competent person or to comply with an obligation in law.
We will not knowingly collect the Personal Information of persons in this age group without express consent to do so or without a legal obligation to do so.
For any questions in respect of the processing of Personal Information of children, please contact the Information Officer or your R2A contact.
17. Direct Marketing
R2A processes Personal Information for the purpose of direct marketing by way of electronic communication. For this reason, we will only send you direct marketing materials if you have specifically opted-in to receive these materials, or if you are a client of R2A, at all times in accordance with applicable laws.
Therefore, If you complete the subscription form on the Website, you agree to receive marketing communication from us.
In addition, You may refuse to accept, require us to discontinue, or pre-emptively block any approach or communication from us if that approach or communication is primarily for the purpose of direct marketing (“direct marketing communications“).
You may opt out of receiving direct marketing communication from us at any time by requesting us (in any manner, whether telephonically, electronically, in writing, or in person) to stop providing any direct marketing communication to you. You may send your opt-out requests to email@example.com.
18. Third Party Sites
Secondly, We are not responsible for the privacy practices of such third-party websites, or for any claims, loss, or damage arising from these.
19. Consumer Protection Act, Protection of Personal Information Act, and other laws
does or purports to limit or exempt us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or willful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption.
requires you to assume risk or liability for the kind of liability or loss, to the extent that the law does not allow such an assumption of risk or liability. or
21. Queries and contact details of the Information Regulator
If you feel that we infringe your rights, please address your concerns to the Information Officer at firstname.lastname@example.org. If you feel that the attempts by R2A to resolve the matter have been inadequate. You may lodge a complaint with the South African Information Regulator by accessing their website at www.justice.gov.za/inforeg.
If you are located outside of South Africa, you may contact the appropriate regulator in your country of domicile.