Curbie Awards Privacy Policy

This Policy applies to and gonverns the Website, accessed by a User/Users from time to time.

Binding Acceptance of Policy:

By accessing, using and/or interacting with this Website in any way, each User signifies his/her agreement: i) with this Policy (and its entire content), and ii) to be bound by the terms and conditions of this Policy (and its entire content).

Using, accessing and/or interacting with this Website indicates and records the User’s acceptance of this Policy. If a User of this Website does not accept this Policy in full, and/or does not agree to be bound by the terms and conditions as recorded in this Policy in full, he/she must not continue to access, use and/or interact with this Website (or any part thereof).

Introduction

As the owners and operators of this Website, Curbie’s directors are responsible for the processing of User Data, as referred to in the GDPR, as well as the processing of User Data, under and in terms of POPIA. Curbie takes the processing and privacy of Data very seriously. We therefore only process Data in accordance with the contents of this Policy, the POPIA, the Regulations and the GDPR.

In this Policy, we indicate which Data we process when a User is accessing / making use of the Website, for what purpose and according to which legal basis the Data processing is being permitted. The purpose if this Policy is to ensure that Data is lawfully processed by a responsible party under and in terms of the applicable legislation.

Definitions

In this Policy, and unless the context clearly indicates a different intention, the following expressions bear the meanings given to them below and equivalent expressions will have similar meanings:

“Competition” – means the competition ran by Curbie in terms of which nominees, and teh individuals who nominated them, stand a chance to win certain prices, as provided for under and in terms of Rules;

“Curbie” – means Stoltz One (Pty) Ltd (Registration Number: 2019/238752/07 t/a Curbie Awards South Africa;

“Data” – means Personal Information and/or Personal Data, as the case may be;

“Domain Name” – means the domain name/s and/or internet address/es via which the Website is accessible, and more specifically curbieawards.co.za

“Information Officer“ – means an information officer as defined in chapter 1 of the POPIA;

“IP” – means internet protocol;

“Mobile Application” – means Curbie’s mobile application (i.e. App);

“Personal Information” – means personal information as defined in terms of section 1 of the POPIA;

“Personal Data” – means personal data as defined in terms of article 4 of the GDPR;

“Policy” – means this privacy policy;

“POPIA” – means the Protection of Personal Information Act, Act 4 of 2013;

“Registered User” – means a User, who registers on the Website in order to be able to make nominees in respect of the Competition;

“Regulator” – means the regulator as defined in Chapter 1 of the POPIA;

“Regulations” – means regulation in respect of the POPIA, published in the Government Gazette, volume 642, No. 42110, on the 14th of December 2018; “Rules” – means the rules of the Competition.

“Users” – means individuals who access, use and/or interact with the Website from time to time;

“Website” – means and includes the website accessible via the Domain Name, each associated microsite and each sub-page as well as the Mobile Application, owned, operated and maintained by Curbie.

Data processing when you access the Website

Curbie automatically collects and stores certain information in its server log files that the User’s browser and/or the App transmits back to Curbie. This data cannot be assigned by Curbie to specific individuals. This data is not merged with other data sources.

The following data is collected:

Browser type/version;
Operating system used;
Referrer URL (the previous page visited);
Host name of the accessing computer (IP addresses) v4 and v6 are anonymized); and
Time of the server request.

The IP address is valid worldwide and uniquely identifies the User’s computer at the time of allocation by the User’s internet provider. IP, in its most common form (IPv4), consists of four blocks of digits separated by dots or extended by additional digits (IPv6). In most cases, as a private user, the User will not use a constant IP address, as this is only temporarily assigned to the User by the respective User’s internet provider (referred to as a “Dynamic IP Address”). With permanently assigned IP addresses (referred to as “Static IP Addresses”), a clear assignment of user data via this feature is technically quite straightforward.

The aforementioned data will be processed by Curbie for the following purposes:

Ensuring a smooth connection to this Website;
Ensuring convenient use of this Website;
Evaluation of system security and system stability; and
For further administrative and statistical purposes.

The Data in the server log files is processed on the basis of Art. 6(1)(f) of the GDPR as well as section 11(1)(f) of the POPIA. This authorization allows the processing of Data for the purpose of a “legitimate interests” pursued by the controller/responsible party, except where such interests are overridden by your fundamental rights, freedoms or interests. Curbie’s legitimate interest is the facilitation of administration and the ability to detect and track hacking.

In terms of section 11(3)(a) of the POPIA, the User may object at any time to the processing of the User’s Data in terms of section 11(1) (d) to (f) of the POPIA, in the prescribed manner, on reasonable grounds relating to his, her or its particular situation, unless legislation provides for such processing. In terms of the Regulations, a User who wishes to object to the processing of the Data, must submit the objection to the responsible party on Form 1, attached to the Regulations. Our legitimate interest is based on the purposes listed above for data collection. Under no circumstances do we use the data collected for the purpose of drawing conclusions about you personally.

In terms of section 11(4) of the POPIA, should a User object to the processing of Data in terms of section 11(3) of the POPIA, the controller/responsible party may no longer process the Data. The server log files containing the aforementioned data are automatically deleted after 30 (thirty) days, or anonymized if used for statistical purposes. We reserve the right to store the server log files for a longer period, if facts are present which could lead us to assume that unauthorized access has taken place (such as, including but not limited to attempted hacking or a ” distributed denial of service attack “DDOS attack”).

Use and verification of personal data

The personal data you provide may include the following:

Your name;
Your address (postcode, city, street and house number, other address details);
Your email address;
Your telephone number and/or mobile number;
Your search history pertaining to our website; and/or
Your geographical location.

When you provide Curbie with the data as recorded in this clause 4, we use it to respond to your enquiries, for technical administration, for login activities and/or for the services provided within the respective websites or apps. The legal basis for this point is Art. 6(1)(a) of the GDPR, as well as in terms of section 11(1)(a) of the POPIA, in terms of which the User’s consents to the processing of the Data. You can revoke your consent to the use of the Data you have provided at any time. To do so, please contact: curbieawards@stoltzone.com

Google Analytics

The Website uses Google Analytics, a web analysis service from Google Inc. (“Google”). Google Analytics uses cookies – text files that are stored on the User’s computer and enables an analysis of how the User used the Website. The information gathered by the cookie about the User’s usage of this website is generally transferred to a Google server in the United States of America (“USA”) and stored there. However, if IP anonymization is activated on the Website, Google will first shorten your IP address if you belong to an EU member state or another country, which country is a contracting party to the Agreement on the European Economic Area. In exceptional cases only, the full IP address is transferred to a Google server in the USA and shortened there.

On behalf of the operator of the Website, Google will use this information to analyze the User’s usage of the Website, compile reports about Website activities and provide the Website operator with further services related to the Website and internet usage. The IP address transferred by the User’s browser as part of Google Analytics is not combined with other Google data. The User can prevent cookies being stored by adjusting his/her browser software accordingly, however, we would then inform the User that he/she may then not be able to make use of the full scope of functions available on the Website. Furthermore, the User can prevent Google recording the Data generated by the cookie and related to the User’s usage of the Website (including your IP address) by downloading and installing the browser plug-in available at the following link: https://tools.google.com/dlpage/gaoptout?hl=de.

On the Website, Google Analytics has been supplemented with the code “gat._anonymize IP();” to ensure that IP addresses are recorded anonymously (known as IP masking). Moreover, Curbie uses Google Analytics for the statistical analysis of Data from DoubleClick cookies and Adwords. If you do not agree to this, you can switch it off via the Ad Settings at http://www.google.com/settings/ads/onweb/?hl=de. Further information on data protection and terms of use can be found at http://www.google.de/intl/de/policies/privacy/.

Google remarketing

This Website uses Google remarketing. Google remarketing is an advertising service of Google Inc. (“Google”, Mountain View, USA), with which Curbie can provide the User with targeted adverts of presumed interest, based on the User’s usage behavior during previous visits to the Website. Such adverts only appear on Google advertising spaces, either those of Google Adwords or the Google Display Network.

The User can object to Google remarketing in the Google Ad Settings or edit his/her settings. Alternatively, the User can prevent remarketing by deactivating cookies in his/her browser settings.

Facebook remarketing

This Website uses the “Custom Audiences” remarketing function from Facebook Inc. (“Facebook”). This function is used to present interest-based adverts (“Facebook ads”) to visitors to this Website when the said visitors visit the social network Facebook. For this purpose, Facebook’s remarketing tag has been implemented on this Website.

This tag establishes a direct connection to the Facebook servers when you visit the Website. The fact that the User visited this Website is then transmitted to the Facebook server and Facebook assigns this information to the User’s personal Facebook user account. Further information about how Facebook collects and uses data, as well as your rights and options in this regard for protecting the User’s privacy, can be found in Facebook’s privacy policy at https://www.facebook.com/about/privacy/. Alternatively, the User can deactivate the “Custom Audiences” remarketing function at https://www.facebook.com/settings/?tab=ads#=. The User must be logged into Facebook to do this.

Google reCAPTCHA service

Curbie uses the Google reCAPTCHA service to determine whether certain data entered in our online forms comes from an actual person or a computer. Google uses the following information to determine whether the Users of this Website are humans or a computer, IP address of the device the Users are using, the website the Users are visiting in which the CAPTCHA is integrated, the date and duration of the Users’ visit, the identification data of the browser and operating system the Users are using, Google account if the Users are logged into Google, mouse movements on the reCAPTCHA images and tasks where the Users have to identify images.

The legal basis for the data processing described above is Art. 6(1)(f) of the GDPR, as well as section 11(1)(f) of the POPIA. Curbie has a legitimate interest in this data processing to ensure the security of the Website and to protect Curbie from automated input (attacks). Privacy policy: https://www.google.com/policies/privacy/, opt-out: https://adssettings.google.com/authenticated

Registered Users

A User can register with Curbie as a Registered User through Curbie’s Website. To do so, the User is required to enter the Data requested on the input screen. Curbie will also record the date and time of registration and the IP address. As part of the registration process, Curbie will require the User’s consent to use the respective User’s Data.

The legal basis for processing the data for registration in the case of consent is Art. 6(1) (a) of the GDPR, as well as section 11(1) (a) of the POPIA.

Further processing and deletion of Data

Data will not be passed on or sold to third parties, i.e. people or companies that do not belong to Curbie. Stored Data will be deleted should the User revoke his/her consent to its storage, if the Data is no longer required for the purpose intended by the storage, or if its storage is inadmissible for other legal reasons.

Communication with us

Curbie will only inform the User or send the User surveys about products and services from Curbie by email, post or telephone, provided that the user has expressly given Curbie its consent to use the User’s Data for advertising purposes (opt-in) by actively consenting thereto on the Website. The User can revoke this consent at any time.
Please note that the text the User may see on the respective Website/App may also list different companies if they are relevant to the User’s enquiry.

If the User gave Curbie his/her consent for such use but no longer wish to receive advertising or surveys from Curbie in the future, the User can at any time revoke his/her consent. The User’s data will then be deleted. You can email us about this at curbieawards@stoltzone.com.

When the User subscribes to Curbie’s newsletter, the User’s email address will be used for Curbie’s own advertising purposes until the User unsubscribes. The User will receive regular information by email about current topics, as well as emails for special occasions, such as updates in respect of the Competition and recently nominated nominees. The emails may be personalized and individualized based on the information we hold in respect of each User.

If the User failed or decided not to provide Curbie with the required written consent to subscribe to its newsletter, Curbie will use the double opt-in procedure, i.e. Curbie will not send the User a newsletter by email until the User has expressly confirmed to Curbie that it should do so. Curbie will then send the User a notification email and request the User to click on a link contained in it to confirm that the User would like to receive Curbie’s newsletter.
The legal basis for the processing of the User’s Data is the User’s consent pursuant to Art. 6(1)(a) of the GDPR, as well as section 11(1)(a) of the POPIA, if the User expressly subscribed to the newsletter. Within the framework of legal requirements, the User may also receive Curbie’s newsletter or an email from Curbie without the User’s express consent because the User registered as a Registered User, through which we have received the User’s email address and the User did not object to receiving information by email. In this case, the legal basis is Curbie’s legitimate interest in the transmission of direct advertising pursuant to point Art. 6(1)(f)) of the GDPR, as well as section 11(1)(f) of the POPIA.

If the User no longer wish to receive newsletters from Curbie, the User can revoke his/her consent at any time or object to further receipt of the newsletter without incurring any costs other than the transmission costs according to the basic tariffs. Simply use the unsubscribe link contained in each newsletter or send a message to info@curbieawards.co.za

Contact

The User can contact Curbie via email or by registered mail. Should the User wish to use one of these contact options, we record the Data transmitted to Curbie via the selected contact option. This may include the User’s name, address, email address and telephone number. The User can decide which information he/she wants to send us via the contact options.

We process this data exclusively for the purpose of being able to respond to or process your enquiry or request.
If you wish to use the contact form on the Website, we record the personal data you provide in the contact form. We also store the IP address and the date and time of the enquiry. We process the data submitted in the contact form exclusively for the purpose of being able to respond to your enquiry or request. Legal basis for the use of contact options, withdrawal of consent.

The legal basis for processing data for the use of the available contact options is, Art. 6(1)(a) of the GDPR, as well as section 11(1) (a) of the POPIA. You can revoke your consent at any time. After we have dealt with the matter, the data will initially be stored in case further queries arise. Deletion of the data can be requested at any time, otherwise deletion will take place once the matter has been fully resolved. At such time, we will delete the data immediately, unless we are obliged to store for legal purposes.

Social media On the Website you will find links to the social network Facebook and Instagram. You can recognize the links by the respective provider’s logo. We do not process any data in this regard. By clicking on the links, the corresponding social media pages are opened, to which this Policy does not apply. Please refer to the privacy policies of the individual providers for details of the provisions applicable there; you will find these under:
Facebook: https://www.facebook.com/privacy/explanation
Instagram: https://help.instagram.com/519522125107875

Information about the rights of the data subject – your identity

In order to comply with the rights of the data subject pursuant to the GDPR as well as the POPIA, it may be necessary for Curbie to request further information to verify your identity as required under and in terms of the GDPR and/or POPIA.

Minors

The Website is not targeted at children under the age of 18. Curbie will not knowingly collect information from persons under the age of 18.

Right of access, right to object, right to rectification and right to erasure

Users have the right to obtain access to his/her Personal Data/Personal Information processed by Curbie. In particular, you may obtain information about the purposes of the processing, the categories of Personal Data/Personal Information concerned, the categories of recipients to whom your data has been or will be disclosed, the envisaged storage/retention period, the existence of the right to request rectification/correction, erasure/deletion, restriction of processing or the right to object, the prohibition on processing of special Personal Information and the restrictions thereon, the existence of a right to lodge a complaint, the source of your data if not collected from yourself, and the existence of automated decision making, including profiling, and if applicable, meaningful information about the details involved;

To exercise these rights, please contact:
Curbie’s Information Officer at the following address/contact details.
Curbie Regisetered Address:
3343 Peachtree Road
NE, Atlanta, GA,
30326, USA
Information Officer:
Name: Leon Stoltz;
Email: Curbie@stoltzone.com;

Curbie takes account of its statutory obligations and has appointed an Information Officer. If you have any further questions or would like information about Personal Data/Personal Information that relates to yourself, please address your written request to our Information Officer. You are also entitled to request the correction, blocking or deletion of this Data, provided this is not prohibited by statutory regulations.

Complaints

If you believe that we are not processing your personal data in accordance with this Policy or the applicable data protection regulations, you can lodge a complaint to the Regulator. All complaints lodged will be dealt with under and in terms of the applicable sections of Chapter 10 of the POPIA.

Further information

Disclosure of Data to third parties.
As a general principle, we do not transfer any Personal Data/Personal Information to third parties other than for the purposes explained in this Policy. However, if we are obliged to do so by law or court order, we will transfer the applicable Data to the authorities entitled to receive information.

Links to other websites.
Our Website may contain links to other websites. These links are usually marked as such. We have no influence over the extent to which the applicable data protection regulations are observed on the linked websites.

Changes to this Policy.
The status of this Policy is indicated by the date shown (below). We reserve the right to amend this Policy at any time. The latest version can be accessed directly via our Website. Please visit our Website regularly to check the status of the Policy and any changes made thereto.

Status of this Privacy Policy: February 2021