Legal

In this Policy, unless the context requires otherwise, the following capitalised terms shall have the meanings given to them —

1.1 “Active Processing” means instances where Flume has directly been provided with the Personal Information/Personal Data of Data Subjects, such as when Data Subjects submit an enquiry in respect of its Services, or when Data Subjects provide Personal Information/Personal Data to Flume pursuant to concluding any commercial agreement(s) with Flume.

1.2 “Inactive Processing” means instances where Flume has not actively been provided with the Personal Information/Personal Data of Data Subjects, such as when Flume deploys Passive Processing Means to collect information from Data Subjects.

1.3 “Anonymisation” means the Processing of Personal Information/Personal Data in such a manner that it can no longer be attributed to Data Subjects without the use of additional information.

1.4 “Applicable Laws” means POPIA, GDPR and any other applicable laws, regulations, requirements and codes of practice of any relevant jurisdiction.

1.5 “Flume” means Flume Communications (Pty) Ltd and their subsidiaries.

1.6 “Flume Group Company” means any company forming part of the group.

1.7 “Biometrics” means a technique of personal identification based on physical, physiological or behavioural characterisation.

1.8 “Child” means any natural person under the age of 18 years.

1.9 “Competent Person” means anyone who is legally competent to consent to any action or decision being taken regarding a child, for example a parent or guardian.

1.10 “Controller” / “Responsible Party” means Flume, in circumstances where it Processes Personal Data / Personal Information.

1.11 “Consent” means any voluntary, specific and informed expression of will in terms of which permission is given for the Processing of Personal Information.

1.12 “Cookies” means small text files that store Non-personally Identifiable Information/Data about Data Subjects.

1.13 “Client(s)” means any natural or juristic person(s) who have concluded an agreement with Flume.

1.14 “Data Subject” means Flume’s Client(s) or any Third Party in respect of whom Flume Processes Personal Information/Personal Data.

1.15 “Data Processing Infrastructure” means systems, networks, servers, devices, web and mobile applications, cloud storages, websites owned, controlled or operated by Flume.

1.16 “Embedded Scripts” means programming code designed to collect information about a Data Subject’s interactions with a Website or Mobile Application.

1.17 “Electronic Means” means Processing via Websites, Mobile Applications, email, text, voice, sound or image messages.

1.18 “Non-Electronic Means” means Processing via traditional means such as hard copy documents or face-to-face engagements.

1.19 “GDPR” means the General Data Protection Regulation, the European law governing collection and processing of personal data.

1.20 “Mobile Application(s)” means software applications through which Clients and Third Parties gain access to Flume’s Products and/or Services.

1.21 “Mobile Device Identifier” means device information if a Website or Mobile Application is accessed through mobile devices.

1.22 “Non-personally Identifiable Information/Data” means information that cannot be linked to Data Subjects, such as browser type, OS, date/time of visit, etc.

1.23 “Operator” / “Processor” means a person or entity who Processes Personal Information/Data for a Responsible Party.

1.24 “PAIA” means Promotion of Access to Information Act 2 of 2000.

1.25 “Passive Processing Means” means technologies such as Cookies, Web Beacons, Embedded Scripts and Mobile Device Identifiers.

1.26 “Permitted Deviations” means Applicable Laws or standards requiring deviation from this Policy.

1.27 “Personal Data” means information relating to an identified or identifiable natural person.

1.28 “Personal Information” has the same meaning as in section 1 of POPIA.

1.29 “Policy” means this Data Protection and Privacy Policy.

1.30 “POPIA” means the Pr