BY ACCESSING AND USING THIS WEBSITE, THE USER CONSENTS TO THE PROCESSING OF THEIR PERSONAL INFORMATION BY THE ERGOLAB (PTY) LTD (“ ERGOLAB”) ON THE BASIS SET OUT IN THIS PRIVACY NOTICE. IF THE USER DOES NOT CONSENT, THE USER MUST IMMEDIATELY STOP ACCESSING AND/OR USING THIS WEBSITE AND OUR SERVICES.
1.1 Ergolab collects, uses and, in some circumstances, shares the personal information of Users in and through this website and during the provision of services to you.
1.2 Ergolabrespects the rights of Users whose personal information is collected and used by it, including their right to protection against the unlawful collection, retention, sharing and use of such personal information.
2.1.1 “application” means a the Ergolab mobile device or web based application;
2.1.2 ‘’consent’’ means any voluntary, specific and informed expression of will in terms of which permission is given by or on behalf of a User for the processing of their personal information;
2.1.3 ‘‘direct marketing’’means to approach a data subject, either in person or by mail or electronic communication, for the direct or indirect purpose of promoting or offering to supply any goods or services to the data subject;
2.1.4 ‘’information officer’’ means Peter Kowalski.
2.1.5 ‘‘operator’’ means an outside third party who processes personal information for or on behalf of Ergolab in terms of a contract or mandate;
2.1.6 ‘’personal information’’ means any information linked to a User or information that can identify a User, including but not limited to:
184.108.40.206 information relating to a User’s gender, nationality, ethnic or social origin age, language;
220.127.116.11 a User’s e-mail address, physical address, telephone number, location information or online identifier;
18.104.22.168 a User’s financial information including banking details and invoice information;
22.214.171.124 a User’s personal opinions, views or preferences;
126.96.36.199 correspondence sent by a User which is of a private or confidential nature; and
188.8.131.52 the User’s name if it appears with other personal information relating to that User, or if the disclosure of their name on its own would reveal further personal information about that User;
2.1.7 ‘’POPI’’ means the Protection of Personal Information Act of 2013, including any regulations or codes of conduct promulgated under it;
2.1.8 ‘’PROATIA’’ means the Promotion of Access to Information Act 2 of 2000;
2.1.9 ‘’process or processing’’ means, in relation to personal information, any operation or activity or any set of operations, whether or not by automatic means, including:
184.108.40.206 the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use of that information;
220.127.116.11 dissemination by means of transmission, distribution or making available in any other form; or
18.104.22.168 merging, linking, as well as restriction, degradation, erasure or destruction of that information;
2.1.10 ‘’User’’ means a visitor or user of this website, or any of the content or services associated with this website or the application; and
2.1.11 ‘’the website’’ means the website or any part thereof which is accessible from www.ergolab.co.za.
2.2.1 the singular includes the plural and vice versa;
2.2.2 any one gender includes the other genders, as the case may be;
2.2.3 an act, regulation or other law is to the version of that law in force at the effective date of this Policy and includes any amendment or re-enactment made to that law after the effective date of this Policy.
2.3 When calculating any number of days for the purposes of this Policy, the first day must be excluded and the last day of the relevant interval included, unless the last day is not a business day, then the last day will be the next succeeding business day.
2.4 The word "include" means "include without limitation". Use of the word ‘’include’’ or ‘’in particular’’ is for illustration or emphasis only and where followed by specific examples must not be interpreted as limiting the meaning of the general wording preceding it.
3.1 Ergolabwill be the party who will be collecting and processing a User’s personal information and as such is designated as the ‘’responsible party’’ for the purposes of this Policy.
3.2 Ergolab‘s contact details are as follows:
3.2.1 Email address:email@example.com,and
3.2.2 Website address: www.ergolab.co.za.
3.3 Ergolabmay instruct third party operators from time to time to undertake certain processing activities relating to the User’s personal information.
4.1 Ergolabmay collect the following personal information from the User:
4.1.1 Initials, first name, surname;
4.1.2 Date of birth;
4.1.3 Email address;
4.1.4 Age and language preference;
4.1.6 Billing information;
4.1.7 Address; and
4.1.8 Cellphone number.
4.2 The supply of personal information by the User to Ergolabis voluntary and not mandatory. However, if the User refuses to supply any personal information, certain consequences may naturally flow from such a refusal, such as preventing Ergolabfrom concluding or performing any contract with the User, or preventing Ergolabfrom complying with one or more of its obligations in law.
4.3 There is no applicable law which directly requires or authorises Ergolabto collect a User’s personal information.
5.1 Ergolabshall only collect a User’s personal information for a specific, explicitly defined and lawful purpose relating to a function or activity of Ergolab‘s business.
5.2 Such purposes may include the following:
5.2.1 to enter into a contract with a User;
5.2.2 to perform any obligations under a contract with a User;
5.2.3 to comply with a legal obligation;
5.2.4 to protect a legitimate interest of a User (unless the User has specifically objected in writing to all or some of the processing activities on reasonable grounds);
5.2.5 to pursue its own legitimate interests or the legitimate interests of a third party who it is sharing the information with (unless the User has specifically objected in writing to all or some of the processing activities on reasonable grounds);
5.2.6 to process personal information for direct marketing purposes (only if theUser has opted in to receiving any direct marketing material);
5.2.7 to present content to the User in the most effective way for them and their viewing device and browser;
5.2.8 to customise and display content including, but not limited to products, articles, listings and advertisement to the User in a way that Ergolabfeels may interest the User or be most beneficial to them;
5.2.9 to send content including, but not limited to products, articles, listings and advertisement content to the User via email or other electronic media, where the User has consented to be contacted by Ergolabwith such content;
5.2.10 to enable the User to voluntarily participate in interactive features on the website or application;
5.2.11 to notify the User about changes to the website or application.
5.3 If Ergolabintends to process a User’s personal information for any other purpose not listed in clause 5.2 or which is otherwise not automatically permitted by law, it shall ensure that it obtains the User’s written consent to do so.
5.4 Ergolabwill not sell a User’s personal information to any third party without the prior written consent of the User.
6.1 Ergolabshall, as far as possible, always collect personal information about a User directly from the User, except in the following circumstances:
6.1.1 Where personal information is collected from a public record, or from another source if the information has already been made public by the User;
6.1.2 where the User has given their written consent to Ergolabto collect their information from another source;
6.1.3 where the collection of a User’s personal information from another source will not prejudice any of the User’s legitimate interests;
6.1.4 where the collection of personal information from another source is necessary to maintain Ergolab’legitimate interests or those of any third party it intends sharing the information with;
6.1.5 where the collection of personal information directly from the User would prejudice the purpose for the collection;
6.1.6 where the collection of personal information directly from the User is not reasonably practicable in the circumstances.
6.2 If Ergolabcollects personal information from a source other than the User, it shall record in writing the details of that source, including the full names and contact details of that source where applicable.
6.3 The User hereby consents to Ergolabrequesting and obtaining credit information pertaining to the User from any reputable credit reporting agency or institution for the purpose of concluding any transaction for the sale of goods or services to the User on this website.
6.4 Personal information may be collected from or supplied by the User in any of the following ways:
6.4.1 during the process of registering as a member or checking out as a guest on this website or the application;
6.4.2 provided by the User as part of their profile pages on the website or the application;
6.4.3 when subscribing to a service, entering into a competition or promotion, or participating in a survey offered on this website or the application;
6.4.4 when posting a comment, review, reply or recommendation on this website or the application;
6.4.5 when requesting further services or information from Ergolab;
6.4.6 when contacting Ergolabto report a problem with the website or the application or for any other reason;
6.4.7 when completing any forms on the website or the application.
6.5 The User may visit the website without providing any personal information. However, the website’s servers may still collect technical information regarding the use of the website, which is aggregated for analytical purposes, technical maintenance and for improving the content offered on the website. Such information may include details of the User’s visit, information about the User’s computer, including IP (Internet Protocol) address, operating system and browser type, the User’s location, and usage information. An individual User will not be identified from or by this information and Ergolabis entitled to copy, distribute or otherwise use such information without limitation.
7.1 “Cookies” are small text files transferred by a webserver to a User’s hard drive and thereafter stored on their computer. The types of information a Cookie collects includes a User’s username, the date and time of their visits to the website, their browsing history and preferences.
7.2.1 distinguish one User from another on the website;
7.2.2 remember the User’s last session when they return to the website;
7.2.3 estimate the website's audience size and usage patterns;
7.2.4 store information about the User’s preferences, which allows Ergolab to customize the website and content according to the Users individual preferences; and
7.2.5 speed up searches on the website.
8.1 Ergolabshall comply with all laws, contracts or regulations when it processes a User’s personal information.
8.2 Ergolabshall not act unreasonably when processing a User’s personal information. This means that it will collect and process a User’s personal information in a way that the User can reasonably expect and in a way that is fair.
8.3 Ergolabshall respect the User’s right to privacy at all times. If there is another way in which it can achieve the same goal without posing any risk of harm to the privacy rights of the User, then it will choose that option.
8.4 Similarly, if Ergolabneeds to process personal information but there are less privacy-invasive methods of collecting, using and sharing that information, then it will use those methods.
8.5 Ergolabshall ensure that the personal information that is collected and processed is and remains relevant to the identified purpose/s for such processing, and that such information is and remains adequate, but not excessive, for achieving the identified purpose/s.
8.6 If there are any alternative ways to achieve the identified purpose/s without processing personal information, Ergolabshall not process that personal information.
8.7 Ergolabshall ensure that the processing activities it chooses to apply are proportionate to achieving the identified purpose/s and that no less privacy invasive measures are available to achieve the same purpose/s.
8.8 Ergolabshall ensure that, regardless of the stated purpose/s for processing personal information, the rights and interests of Users will not be unnecessarily prejudiced or infringed, unless it cannot be avoided, and then in such cases, it shall ensure that its own rights and/or interests justify such prejudice or infringement taking place.
8.9 Once Ergolabhas achieved the purpose for the collection of the User’s personal information, it will destroy or delete such information, unless the User has directed otherwise in writing, or Ergolabis required by law to retain the information for a longer period of time.
8.10 If Ergolabno longer needs to process personal information to achieve the purpose originally specified, it will stop using that information.
9.1 Ergolabmay, in the course of providing any content or services on this website, or for the purposes of concluding or performing any sale or other transaction with a User, share certain personal information with third party operators who perform certain processing activities on behalf of Ergolab.
9.2 The information shared and the categories of third party operators with whom it is shared will always be notified to you prior to being shared.
9.3 Ergolabmay also share aggregated information about Users of this website and their usage patterns. Ergolab may also use such aggregated information to help advertisers target specific audiences. Such aggregated information will be de-identified and the User’s personal information will not be disclosed.
9.4 Other than as stated in clause 9.1 and 9.3, Ergolabshall not share a User’s personal information with any third parties unless it has the User’s express consent to do so.
10.1 Users shall have the following rights in relation to the processing of their personal information:
10.1.1 to access and correct any personal information held by Ergolababout them;
10.1.2 to object to the processing of their information; and
10.1.3 to lodge a complaint with the Information Regulator.
10.2 Users may make a request in terms of clause 10.1.1 by following the process for making such a request as set out in Ergolab’sPAIA manual.
11.1 Ergolabshall not process a User’s personal information for any purpose not previously specified except in the following circumstances:
11.1.1 where the User has consented to such further processing;
11.1.2 where the further processing is necessary for the exercise of any contractual rights or the fulfillment of any obligations between Ergolaband the User;
11.1.3 where the further processing activities are linked to or compatible with the original purpose;
11.1.4 where the further processing is necessary for the prevention, detection, investigation, prosecution and punishment of an offence;
11.1.5 where the further processing is necessary to enforce any law;
11.1.6 where the further processing is necessary for the conduct of legal proceedings in any court or tribunal that have commenced or are reasonably contemplated;
11.1.7 where the further processing is necessary to prevent or mitigate a serious and imminent threat to the life or health of the User or another individual;
11.1.8 where the further processing is necessary for historical, statistical or research purposes.
11.2 Ergolabshall ensure that if it intends processing personal information for other purposes not previously specified, it shall notify the User of such further purposes and the possible consequences of the intended further processing for the User.
12.1 Ergolabshall take reasonably practicable steps to ensure that the personal information kept by it about Users is complete, accurate, not misleading and is updated when necessary.
12.2 However, if a User is aware of any personal information in Ergolab’scustody that is incorrect, inaccurate or which needs to be updated, the User must make a written request to Ergolab’sinformation officer at to firstname.lastname@example.org update or correct the relevant information.
12.3 If a User has contested the accuracy of any personal information being used by Ergolab, it shall immediately stop using that information until its accuracy has been verified.
12.4 Ergolabreserves its right to only adhere to a request from a User in terms of clause 12.2 if the correction or updating of that information will result in the personal information being correct and accurate.
12.5 Where personal information that has been shared by Ergolabwith a third party is subsequently updated or corrected, Ergolabshall ensure that all third parties, with whom that information was shared, receives the updated and/or corrected version of the information as soon as it has been updated and/or corrected.
13.1 Ergolabis committed to protecting the personal information in its custody against any loss of, damage to or unauthorised destruction of that information, and to prevent any unauthorised parties from accessing that information.
13.2 Ergolabtakes steps to continually identify and document any risks to the personal information it has in its possession or under its control and that appropriate security safeguards are in place against those risks.
13.3 Ergolabshall ensure that in any contracts entered into with third party operators who process personal information on Ergolab’ behalf, include the following obligations:
13.3.1 the operator shall not process any personal information without Ergolab’knowledge and authority;
13.3.2 the operator shall treat all personal information given to it as confidential and shall not disclose it to any unauthorised third parties;
13.3.3 the operator shall establish and maintain adequate security measures which are the same or offer similar protection over the personal information as that employed by Ergolab;
13.3.4 the operator shall notify Ergolabimmediately where there are reasonable grounds to believe that any personal information has been leaked to or accessed by any unauthorised person;
13.3.5 if the operator is situated in another country, it must comply with the data protection laws in that country and be able to provide verification that it is so compliant;
13.3.6 if an operator is legally obliged to disclose any personal information processed by them on Ergolab’behalf to other parties, it must notify Ergolabbeforehand to enable Ergolaband/or individual Users to protect their rights if necessary.
13.4 Users must maintain the secrecy of any passwords used to gain access to this website and should change such passwords regularly.
13.5 Ergolabshall ensure that all personal information on its systems is properly backed-up and that back-up copies are stored separately from the live files.
14.1 If personal information about a User is inadvertently leaked or Ergolab’security has been unlawfully breached by any unauthorised party, Ergolabshall immediately identify the relevant Users who may be affected by the security breach, and shall contact them at their last known email address or contact details or by the quickest means possible.
14.2 Ergolabshall provide sufficient information to the User to allow him or her to take the necessary protective measures against the potential consequences of the compromise, or shall advise Users of the steps to be taken by them and the possible consequences that may ensue from the breach for them.
15.1 If Ergolabis required to make a decision about a User using any personal information that has been obtained, it shall ensure that a record of such information and the decision made is kept for a reasonable period of time to give the User an opportunity to request access to that record.
15.2 Ergolabshall allow a User a reasonable opportunity to make representations before any decision is made solely on the basis of the personal information processed, if that decision will affect the legal position of the User, or will otherwise adversely affect them in some manner or form.
15.3 Ergolabshall always ensure that the underlying logic behind any decision made pursuant to the automated processing of personal information is sound and that this underlying logic can be communicated to the User to enable them to make representations.
15.4 If Ergolabhas made a decisions based on incorrect personal information, it shall immediately revisit that decision as soon as it receive Policy or becomes aware of the error or inaccuracy of that information.
16.1 This website may contain links or references to other websites, including those of advertisers (“third party websites“) which are not under Ergolab’control.
17.1 The User hereby consents to the processing of their personal information for the purpose of direct marketing by means of electronic communications including automatic calling machines, facsimile machines, SMS’s or electronic mail.
17.2 Ergolabwill only send electronic communications to the User for the purpose of marketing similar products or services offered by Ergolab, with the User’s consent.
17.3 The User may object, free of charge, and without unnecessary formality, to the use of their details either when the information was first collected from them or when each subsequent electronic communication is sent to them by Ergolab.
17.4 The User can opt out of receiving further marketing communications by un-checking certain boxes on the forms used on the website to collect their personal information, or by contacting Ergolabat email@example.com.
19.1 Ergolabmay transfer personal information to another country in the following circumstances:
19.1.1 the transfer is necessary for the performance of a contract that Ergolabhas with the User;
19.1.2 the transfer is necessary for the conclusion or performance of a contract with a third party which is for the benefit of or in the interest of the User;
19.1.3 the transfer is otherwise for the benefit of the User; or
19.1.4 the User has consented to the transfer of their information.
19.2 If Ergolabis required to transfer personal information from South Africa to a third party in a foreign country, it shall ensure that the third party is subject to a law, binding code of conduct or contract which effectively upholds principles for the reasonable processing of personal information which are substantially similar to the data protection offered in the Republic of South Africa.
20.1 Ergolabwill keep a record of any personal information collected for no longer than is necessary to achieve the specific purpose for which it collected such information in the first place unless:
20.1.1 It is required by law to keep a record of such information for a longer period of time; or
20.1.2 It needs to keep a record of such information for another lawful purpose; or
20.1.3 It has a contractual obligation to keep a record of such information; or
20.1.4 The User has consented to their information being kept for a longer period.
20.2 Ergolabmay, if it has de-identified personal information, kept such information for historical, statistical or research purposes. Ergolabshall ensure that appropriate safeguards are in place to prevent those records from being used for any other purposes, or against the information being re-identified.
21.1 Where Ergolabis no longer authorised to retain a record of any personal information, it shall either:
21.1.1 ensure that the information is permanently destroyed or deleted as soon as reasonably practicable; or
21.1.2 return the information to the User or transfer it to a third party, if requested by the User in writing to do so.
22.2.1 the types of personal information to be processed;
22.2.2 the specific processing activities to be undertaken;
22.2.3 the specific purpose/s for such processing; and
22.2.4 the possible consequences for the User that may arise from such processing.
22.3 Should a User wish to withdraw any consent previously given by the User, they must notify Ergolab’ information officer in writing.
23.1 A User may, on reasonable grounds, object to the processing of their personal information at any time after that processing has started.
23.2 If a User wishes to object to the processing of their personal information, they must send written Policy of their objection to Ergolab’information officer, together with their reasons for doing so.
For more information on your rights to privacy over your information, or the information processing activities of Ergolab, please do not hesitate to contact us directly on firstname.lastname@example.org.
Date of last update: 24 May 2018
The Ergolab Posting Guidelines
Submitting Reviews and Comments:
When you submit a review and comment you agree that we have a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such review throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such review. You acknowledge and agree that the review is not confidential and does not belong to anyone.
When submitting a review you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish any of the following:
Please note that we take no responsibility and assume no liability for any Review Material posted, stored or uploaded by you or any third party, or for any loss or damage thereto. We are not liable for any mistakes, defamatory statements, omissions, falsehoods, obscenity, pornography or profanity you may encounter.
Moderation of Reviews:
Although we have no obligation to screen, edit or monitor any of the Review Material posted we reserve the right in our sole and absolute discretion, to remove, screen or edit without notice any Review Material posted or stored on our website at any time and for any reason.
Please note that anything we consider a questionable review may be subject to moderation by us. In this regard, the posting of your Review Material can take longer whilst the review is moderated. Moderation is only done to ensure compliance with our posting guidelines and never to amend factual content. We will post positive and negative reviews as long as they meet our posting guidelines.
Sometimes we miss something. If you feel that there is any inappropriate Review Material posted on our website please report it to email@example.com.
Review dispute process:
We understand that you may have a legitimate objection to a review. If so, please contact us on firstname.lastname@example.org so that we can investigate your concerns about reviews posted on our website. Please report the review via email making sure you clearly identify the review in question, set out your reason for disputing the review and provide any evidence you may have in support of your objection.
Please note we do provide mechanisms for responding to reviews posted and both suggest and welcome you submitting a management response sharing your version of the story. Please note that any response must also be in line with our posting guidelines and will be considered Review Material for the purposes of this review policy.