General Privacy Policy
Effective Date: 22/12/2022
Ingage T/A Ingage Support (Company Registration Number: 2020 / 275677 / 21), with its registered office at 1 Thanda Thula Estate, 36 Glenluce Drive, Douglasdale, 2068
(hereinafter referred to as “Ingage”, “our”, “we”, “us”)
YOUR CONTINUED USE OF OUR SERVICES INDICATES THAT YOU HAVE BOTH READ AND UNDERSTOOD THIS PRIVACY PLOCY, WHICH IS ALSO INCORPORATED UNDER OUR FOLLOWING TERMS AND CONDITIONS (“T&Cs”):
See: Support Terms and Conditions https://www.ingagesupport.com/termsandconditions
1 Introduction
1.1 This Statement applies whenever you submit Personal Information to Ingage, which will include (but is not limited to) when you browse our website, use our software applications and/or any related (and/or enhanced) mobi-sites, or any other portals specifically made available by us (“Platform”) or when you engage with us or any of our product and/or service offerings including instances where your Personal Information is submitted to us through or by a third party (collectively “Services”).
1.2 Ingage is a service provider, who provides a Platform for use by various schools, companies and organisations to use and offer to their student/ employee bodies as a support/service offering. The Platform is designed to address and create awareness about harmful or inappropriate behaviour while supporting the mental health of users. It allows users to submit reports on concerns such as bullying, cyberbullying, discrimination, mental health struggles or other concerns. It also provides for such reports to be sent to a user’s school/ company/ organisation officials (through the Ingage Support Administration System) for further investigation and, where the school/ company/ organisation determines fit, appropriate action in order to assist and support the user. For further information please see our Support Terms and Conditions: https://www.ingagesupport.com/termsandconditions
1.3 Whilst Ingage provides the Platform and certain related ancillary Services, it is entirely separate and independent from the school/ company/ organisation and is not a party to any of the arrangements between the school/ company/ organisation and their users of the Platform. It is not a party to and shall not be liable for any of the actions, decisions, omissions or consequences taken (by the school/ company/ organisation or any other party) arising from or related to the Platform and its use.
2 How this Policy applies to you
2.1 This Policy sets out how we will handle your personal information, as defined under applicable law, and covers any information, including personal and special personal information, that you give to us or which we collect from third parties (“Personal Information”).
2.2 In carrying out our Services, we will use your Personal Information in accordance with this Policy and applicable law.
2.3 Whilst we try to balance our legitimate interests with your reasonable expectation to privacy and to take all reasonable measures to prevent unauthorised access to, or disclosure of your Personal Information, it is impossible to guarantee that your Personal Information will be 100% secure.
2.4 Your continued use of our Website and Services indicates that you (which may include any representative acting on your behalf) have both read and consented to the terms of this Privacy Policy and hereinafter you shall be referred to as “you”, “your or “user”).
2.5 If you do not agree to any of the provisions of this Policy, then you should not submit any Personal Information. However, we note that if you do not consent to this Policy, or any parts thereof, we may not be able to provide you with our services.
2.6 Our Services are only intended to be used by persons aged 18 years or over (or the relevant age of majority in your country of residence).
Disclosure and Processing of Personal Information related to Children.
Due to the nature and content of the Services we offer, you may provide us with, and we may be privy to or need to process some/limited, Personal Information related to a child or children. These persons being minors, as legally defined, (“Child”) are afforded additional protections under the applicable law.
To this end, we endeavour to limit the type and extent of any Personal Information that we process in relation to any Child and in doing so to comply with the principles set out under applicable law and this Policy.
If you are not 18 (or the legal age of majority in your country of residence), you must have your parent or legal guardian’s permission to use the Services. Please have them read the T&Cs.
If you are a parent or legal guardian of a minor User, by allowing your child to use the Services, you are subject to our T&Cs and responsible for your child’s activity on our Services.
3 Scope of our Processing
3.1 What we Collect
We may collect information that allows you to be identified, such as:
(a) your name, age, e-mail address, and/or electronic identifying data (including the internet address of your domain, cookies, online identifier, web forms, IP addresses, activity logs, unique device identifiers and geo-location data); and/or
(b) records of correspondence or enquiries from you or anyone acting on your behalf;
(c) details of contracts, sales or purchases you carry out with us;
(d) sensitive and special categories of personal information, including biometric information (e.g., images).
Further details on the different type of information that we can collect from different parties is contained in
Annexure A: Overview of Types of Information Collected. More restrictive practices are, wherever reaosnably practicably, adopted when collecting minor’s personal information.
3.2 How we Collect
3.2.1 You may provide Personal Information to us either directly or indirectly (through an agent or intermediary) or through completing an application form for services or requesting further information about our products and services, whether in writing, through our website, over the telephone or any other means.
3.2.2 We may also collect your personal information from your appointed agent, any regulator, or other third party that may hold such information.
3.3 How we Use Personal Information
3.3.1 We may collect, use, transfer or process your Personal Information:
(a) to a school establishment, company or organisation (and its representatives) that uses the Ingage Support platform, including to perform reporting, monitoring and services (and who is also the Responsible Party/Controller of your personal data).
(b) to provide and perform our Services and to improve or evaluate the effectiveness of the School/ Company/ Organisation, its products, services or offerings;
(c) to respond to and comply with your instructions, complaints or requests;
(d) to operate, develop and manage our website/other platforms;
(e) for security (including fraud and crime prevention/reporting), administrative, auditing, operational, marketing and legal or regulatory purposes (which will include complying with any law enforcement agency requests);
(f) for operational, marketing, auditing, legal and record keeping requirements;
(g) outside of the Republic of South Africa, in accordance with applicable law, including for cloud storage and payment purposes and the use of any of our websites;
3.4 Disclosure of Personal Information
3.4.1 Your Personal Information may be disclosed to our affiliates, subsidiaries, employees, agents, sub-contractors and selected third parties who process the information on our behalf.
3.4.2 We may also disclose your Personal Information to your school/ company/ organisation and other third parties for the purposes of rendering our Services and for the reasons recorded in clause 3.3 above, including any third parties with whom our supplies and services are carried out/provided in conjunction with and/or who are involved in the completion of our supplies and services and who may need to have your Personal Information in order to fulfil your request or the services (e.g. Third party medical, payment platform providers or cloud service providers).
3.4.3 Wherever these persons are located outside of the country (and your Personal Information may be transferred cross-border) we will adhere to applicable laws.
3.5 Security
While we cannot ensure or warrant security on the internet or of any of the Personal Information you provide us, we do continue to maintain and improve our security measures over time and in line with legal and technological developments.
3.6 Retention
3.6.1 We may store your Personal Information directly or on a central or separate database. If the location of the central database is in a country that does not have substantially similar data protection laws, we will take all legally mandatory required steps to ensure that your Personal Information is adequately protected.
3.6.2 We may retain your personal information indefinitely, unless you object, in which case we will only retain it if we are permitted or required to do so in terms of applicable law. However, generally, we will not retain your information for longer than is necessary or for the periods required by applicable law.
4 Your Rights
4.1 As a user/data subject, you have certain rights, including the right:
(a) to access your Personal Information stored and processed by us. This may be done by emailing us at the address referred to in clause 5 below;
(b) to correct/rectify Personal Information that we hold on your behalf, in instances where such Personal Information is incorrect or incomplete;
(c) to erase Personal Information (also known as ‘the right to be forgotten’). In simple terms, this enables you to request the deletion or removal of your information where there is no compelling reason for us keep using it. This is not a general right to erase; there are exceptions. For example, we have the right to continue using your personal data if such use is necessary for compliance with our legal obligations or for the establishment, exercise or defence of legal claims;
(d) to restrict/suspend processing of Personal Information to only that which is strictly necessary for us to perform our services to you. Please note that this right is limited in certain situations: when we are processing your personal information that we collected from you with your consent you can only request restriction on the basis of: (a) inaccuracy of data; (b) where our processing is unlawful and you don’t want your personal information erased; (c) you need it for a legal claim; or (d) if we no longer need to use the data for the purposes for which we hold it. When processing is restricted, we can still store your information, but may not use it further;
(e) to complain - if we breach any of the terms of this Privacy Policy, to complain to the requisite data protection authority in South Africa;
(f) to withdraw your consent at any time, if the processing of the Personal Information is based on consent;
(g) to object to processing of Personal Information if such processing is based on legitimate interests; and
(h) to object to the processing of Personal Information for direct marketing purposes.
4.2 The exercise of these rights is free of charge.
5 Complaints
5.1 If, you wish to raise a complaint regarding the processing of your Personal Information then please first reach out to our designated Information Officer at: cayley@ingagesupport.com
5.2 However, if you are still unsatisfied with how we have handled your Personal Information, you can lodge your complaint with the Information Regulator or authority in the applicable and relevant country. We are happy to share further information or guidance in this regard should you need it.
5.3 In South Africa the Information Regulator’s details are as follows:
Information Regulator
Tel: 012 406 4818
Fax: 086 500 3351
Email: POPIAComplaints@inforegulator.org.za
6 Indemnity
In agreeing to the provisions of this Policy, you hereby unconditionally agree to indemnify us against any liability that may result from your use of this website and the processing of your Personal Information, including any loss, damage or injury arising from any inaccurate or incomplete Personal Information provided to us by the you and/or any third party and/or any unintentional disclosure of your Personal Information to any unauthorised persons.
7 Log Files
When you visit our website, even if you do not create an account, we may collect information, such as your IP address, the name of your ISP (Internet Service Provider), your browser, the website from which you visit us, the pages on our website that you visit and in what sequence, the date and length of your visit, and other information concerning your computer's operating system, language settings, and broad demographic information. This information is aggregated and anonymous data and does not identify you specifically. However, you acknowledge that this data may be able to be used to identify you if it is aggregated with other Personal Information that you supply to us. This information is not shared with third parties and is used only within the school/ company/ organisation on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above, without your explicit permission.
8 Cookies
8.1 We use cookies. A cookie is a small piece of information stored on your computer, smart phone or device by the web browser for record-keeping purposes.
8.2 We also use tracking technologies such as beacons, tags, and scripts to collect and track information and to improve and analyse our services.
8.3 You can view and edit cookies by looking in the cookies’ directory of your browser installation. Certain cookies are not required for the Website to work but may enhance your browsing experience. Likewise, if you do not accept certain cookies, you may not be able to use some portions of the Website/our Services.
8.4 The following types of cookies are used on the Website:
8.4.1 "Session cookies": which are used to maintain a so-called 'session state' and only last for the duration of your use of the website. A session cookie expires when you close your browser, or if you have not visited the server for a certain period of time. Session cookies are required for the Platform to function optimally but are not used in any way to identify you personally; and
8.4.2 "Permanent and/or Functional cookies": these cookies permanently store a unique code on your computer or smart device in order to be able to identify you as an individual user.
9 Third Party Links on the Website
The services available through the Website, may contain links to other third-party websites. We are not responsible for the content or privacy policies of these third-party websites.
10 Amendment of this Policy
10.1 We may amend this Policy from time to time.
10.2 Any such amendment will come into effect and become part of any agreement you have with the school/ company/ organisation when notice is given to you of the change by publication on our website. It is your responsibility to check the website often.
ANNEXURE A: OVERVIEW OF TYPES OF INFORMATION COLLECTED
This is not an exhaustive list
Automated Information Collection on Our Apps & Websites
We may automatically collect certain information when you visit our websites or use our apps, such as your IP address; details about your browser, operating system and device/hardware; your general location, if available; the URL that referred you to one of our websites; your activities on our websites and apps; and other logging information, including the date and time of your visit and/or use of our websites or apps. We may use a variety of technologies for such data collection, including logs, and on our websites, we may use web beacons, clear GIFs, cookies and others.
Research Information
We may de-identify and aggregate information about you and your incident alerts, or your other use of our websites and apps, with others information to help us operate and manage our websites and apps, and to further our mission and objectives, as well as to inform the schools, workplaces and other groups that support and use our products and services.
Ingage Support Administration System
When a school, workplace or other organisation subscribes to the Ingage Support Application, we provide them with a set of tools we call the Ingage Support Admin to receive, review and manage alerts. Each school, workplace or other organisation can setup user accounts in the Ingage Admin for the individual(s) who will manage incoming alerts and mood flags. And, all Ingage Support Admin users for a particular organisation have access to all the alert and information related to that organisation, including any data you may create in the Ingage Support Admin, if you are a user of the toolset.
If you are an Ingage Support Admin user, your organisation may provide us with your name, e-mail address, unique identifier in your organisation or other contact information, such as telephone number(s), or we may ask you to enter and maintain such information. We may use your e-mail address or wireless telephone number to send you notifications via e-mail or text message, including messages that we may send using automated means.
Information Practices Regarding Alerts and Children
Where a child’s school has chosen to make one or more of our Services to its students, the school will provide children with access to the Services.
Where Ingage is the processor of personal data, it may disclose personal data of users (including children), or provide access to personal data of users (including children), to schools and organisations with which the user (alert sender) has a relationship, as well as to school establishments of which the user (alert sender) concerned is a student.
When a child creates their account on Ingage Support, personal information including, first name, surname, date of birth and email address will be collected for the specific purpose of identification of reports sent. This data is collected to ensure effective safeguarding of children. Personal Information that is collected, is stored safely and in compliance with relevant data protection regulations. Information submitted by a child through the Ingage Support platform Alert System is encrypted and anonymous, in cases of emergencies or where escalation is deemed appropriate, such as suicidal thoughts, anonymity may be overridden by the school, and the child's identity may be determined for the safety and well-being of the child. Personal information is only collected for the purpose of the alert system and no other information or the child's utilisation of the platform is collected or connected with the child.
We urge parents to contact their child’s school to learn more about how the school uses our Services and the data we provide them, as well as details regarding other software and online services the school uses.