Privacy Policy
Effective Date: 05 MAY 2021
1.1. When you use this website, we may collect and process certain personal information. This privacy policy, together with our terms and conditions (herein “Terms“) and our cookie policy (herein “Cookie Policy“), set out the basis on which any personal information that we collect from you, or that you provide to us, will be processed by us.
2. Our contact details
2.1. Name: Artist on Cue Proprietary Limited
2.2. Address: Office 5B, Moffet on Main Lifestyle Centre, Port Elizabeth, South Africa
2.3. Phone number: +(27)41-367-2116
2.4. Email: legal@artistoncue.com
3. Data we collect, how and why
3.1. We currently collect and process the following personal information. Most of the personal information we process is provided to us directly by you. Some of the information we process is provided to us by third parties with your consent. The sources of information that we process, manner in which we use the information, and reasons for processing, are as follows:
INFORMATION | HOW RECEIVED | HOW USED | NOT PROVIDED | LAWFUL BASIS |
|---|---|---|---|---|
Your IP address. | Provided by your browser as you browse the website (mandatory). | Site administration, website analytics such as to analyze trends, to track how visitors interact with the site. Traffic data is aggregated and is not personally identifiable. | Website will not function. | Legitimate interest of Artist On Cue. |
Statistical information about website visits such as:
The search terms you used;
The pages accessed on the website and the links you clicked on;
The date and time you visited the website;
The referring website (if any) through which you clicked through to the website; and
The type of web browser you use (e.g. Internet Explorer, Chrome or Firefox). | Provided by your browser as you browse the website (voluntary – our website analysis will respect any “do not track” setting you might have on your web browser). | Site administration, website analytics such as to analyze trends, to track how visitors interact with the site. Traffic data is aggregated and is not personally identifiable.
| Legitimate interest of Artist On Cue | |
Location information. | Provided by your browser as you browse the website (voluntary – if you do not want to provide this information you can disable this function in your browser). | Market intelligence, marketing of services. | Website may have reduced functionality. | Legitimate interest of Artist on Cue. |
Unique user ID | The website assigns you a unique user ID when you browse the website (mandatory). | Necessary to provide the services offered by the website and to track user consents. | It will not be possible to browse the website without being assigned a unique user ID. | Legitimate interest of Artist on Cue. |
Name and email address; correspondence of a private nature relating to an individual. | Provided by you when you send us emails (voluntary). | Personalised service and communications. | It will not be possible to contact us without including this information, as it is inherent in an email. | Legitimate interest of Artist on Cue. |
First Name/Last Name, Country, Street, City, Province, ZIP,
Phone, Email, Username
| Provided by you in order to create a user account on the website (i.e. mandatory fields). | Necessary to provide the services offered by the website. | You will not be able to create a user account. | Performance of a contract. |
Order and invoice information. | Provided by you in order to purchase a membership package. | Used to process your payment. | You will not be able to purchase a membership package. | Performance of a contract. |
Gender, age, photographs, employment history/experience,
education history
| Provided by you when you create a profile on the website (voluntary). | Enhancement of the services offered by the website. This is information which may be required for certain roles. You also have the option to disable visibility of this information to other users. | You can choose whether to include this information in your profile and whether to make it visible to third parties, in your settings. If you choose to omit some or all of this information when creating a profile or hide your profile completely, you will still be able to create a user account and a profile, but may miss | Performance of a contract. |
Information relating to the education of an individual | If you take a course on the website, the name of your course and whether it has been completed may be viewed by the course Instructor.
| Enhancement of the services offered by the website. This is information which may be required for Instructor roles. | You will be able to browse the website and to create a user account without taking any courses. | Performance of a contract. |
Personal opinions, views or preferences of individuals; photographs, videos. | Provided by you when you create or upload content on the website (voluntary).
Provided by you if you comment on other users’ content and when you review courses (voluntary).
| Marketing of our placement and recruitment services to users;
Demonstrating your suitability for job opportunities (making your information available to potential recruiters).
| You will be able to browse the website and to create a user account and profile without providing this information, but may have more difficulty marketing your services without providing this information. | Consent. |
Personal opinions, views or preferences of individuals. | If you register as an employer, you will be able to make private notes about other profiles. This information is only visible to you. | Enabling you to keep track of potential candidates. | You will be able to browse the website and to create a user account and profile without providing this information, but may have more difficulty keeping track of potential candidates without providing this information. | Legitimate interest of Artist on Cue |
Views or opinions of another individual about a person. | If you enable comments on your content, other users may comment on the content you post on the website. This may include views or opinions about you. (Voluntary)
Employers who register on the website are able to make private notes about you for recruiting purposes. This is a mandatory feature if you create a profile on the website; however, this information is only visible to the employer who makes the notes.
| Marketing of our placement and recruitment services to users;
Marketing the courses and other content available on the Website;
Demonstrating your suitability for job opportunities (making your information available to potential recruiters).
| You will be able to browse the website and to create a user account without enabling third parties to provide this information, but may have more difficulty marketing your services if this feature is disabled. | Performance of a contract. |
Views or opinions of another individual about a person. | If a user reports your profile or content, the report will be stored until the account of the user creating the report is deleted. | Site moderation. | No user has any obligation to report any other user or content. | Legitimate interest of Artist on Cue. |
Personal opinions, views or preferences of individuals. | If you report another user, post, job, company, course or group, the report will be stored until your account is deleted. (Voluntary) | Site moderation. | You have no obligation to report any user or content. | Legitimate interest of Artist on Cue. |
3.2. In order to update, correct or delete your personal information, you may contact us as described in paragraph 12 or lodge a complaint as described in paragraph 13.The majority of your personal information is also capable of being updated, corrected and deleted by you via the website when logged into your user account.
4. Automated processing
4.1. In order to provide the services, as set out in the Terms of Use, we make use of automated processing in the following manner:
4.1.1. We make use of the personal information that you provide or that is collected by us in terms of this Privacy Policy to make recommendations for connections, content and features that may be useful to you. For example, we use personal information about you to recommend jobs to you through job alerts and you to recruiters.
4.2. Keeping your personal information on your account up to date helps us to make these recommendations more accurate and relevant.
5. Storage of your data
5.1. We store your personal information within South Africa and the European Economic Area.
5.2. In certain circumstances, your personal information may be transferred outside of South Africa and the European Economic Area by our service providers, as follows:
5.2.1. We use Kinsta to host your data on AWS servers within the European Economic Area. Kinsta’s privacy policy, including the details of their sub-processors and the circumstances in which personal information may be transferred out of South Africa and the European Economic Area, is available at https://kinsta.com/legal/privacy-policy/.
5.2.2. We use Cloudflare’s web application firewall to provide site security, integrated with Kinsta’s server. Cloudflare’s privacy policy, including the details of their sub-processors and the circumstances in which personal information may be transferred out of South Africa and the European Economic Area, is available at https://www.cloudflare.com/privacypolicy.
5.2.3. We use Sendgrid to send transactional and marketing emails. Sendgrid’s privacy policy, including the details of their sub-processors and the circumstances in which personal information may be transferred outside of South Africa and the European Economic Area, is available at https://www.twilio.com/legal/privacy.
5.2.4. We use Vimeo to upload and host Instructor’s videos. Vimeo’s privacy policy, including the details of their sub-processors and the circumstances in which personal information may be transferred outside of South Africa and the European Economic Area, is available at https://vimeo.com/privacy.
5.2.5. We use Google Drive to store Instructor’s videos and comments prior to uploading them to Vimeo. Google Drive’s privacy policy, including the details of their sub-processors and the circumstances in which personal information may be transferred outside of South Africa and the European Economic Area, is available at https://policies.google.com/privacy.
5.2.6. We use Slack to communicate with our Instructors. Slack’s privacy policy, including the details of their sub-processors and the circumstances in which personal information may be transferred outside of South Africa and the European Economic Area, is available at https://slack.com/intl/en-za/trust/privacy/privacy-policy.
5.3 To the full extent permitted by applicable law, you consent to the transfer of your personal information outside South Africa as described in this privacy policy. This consent may be withdrawn at any time. You understand that given our hosting practices, a withdrawal of your consent may result in a need to delete some or all of your personal information and cease providing you with some or all of the services available on the Website.
5.4. We have organizational and technical measures in place to protect your personal information. Our efforts in this regard will comply with the requirements of applicable law. Your personal information is encrypted wherever reasonably possible on the Website [in transit] [and at rest]. We take additional steps to protect your data including strong passwords and two-factor authorization. You acknowledge and agree however that there are inherent risks to the security of data in the use of applications and services, such as vulnerabilities in the underlying technology. We accordingly do not guarantee that your data cannot ever be compromised and you accept this risk by using the website.
5.5. You can see further information regarding the security measures of our sub-processors at the following links:
5.5.1. Kinsta: [https://kinsta.com/secure-wordpress-hosting/].
5.5.2. Cloudflare: [https://www.cloudflare.com/en-au/security/].
5.5.3. Sendgrid: [https://sendgrid.com/policies/security/].
5.5.4. Vimeo: [https://vimeo.com/about/security].
5.5.5. Google Drive: https://safety.google/security/.
5.5.6. Slack: https://slack.com/intl/en-za/trust/security
5.6. When you have chosen or been given a password which enables you to access certain parts of our website, you are responsible for keeping that password confidential. Please do not share your password with anyone.
5.7. We will keep your personal information for only a reasonable amount of time, to enable us to use it for the purposes described in this privacy policy and in accordance with applicable law. We will then dispose of your information by permanently delete all user’s personal data from our site. The data will be completely deleted from servers with no possibility of recovery.
5.8. Further information regarding our retention of personal information is available in our Retention Policy.
5.9. Payments
5.9.1. We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors).
5.9.2. We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their privacy policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.
5.9.3. The payment processor we work with is:
5.9.3.1.Peach Payments: their privacy policy can be viewed at https://peachpayments.zendesk.com/hc/en-us/articles/360009169079-Peach-Payments-Privacy-Policy
6. Cookies
6.1. Cookies are small text files transferred by a server to your device and may contain various types of information useful in persisting data, such as login status, preferences and settings. We use cookies on the website as described in our Cookie Policy.
7. Third party websites
7.1. Our website may occasionally contain links to third-party websites. If you click on the links to third-party websites, you leave our website.
7.2. We are not responsible for the content of third-party websites or for the security of your personal information when you use them.
8. Social networking services
8.1. We use social networking services such as Twitter and Facebook to communicate with the public about our business. When you communicate with us through these services, that social networking service may collect your personal information for its own purposes.
8.2. These services may track your use of our website on those pages where their links are displayed. If you are logged in to those services (including any Google service) while using our website, their tracking will be associated with your user account with those service providers.
8.3. These services have their own privacy policies which are independent of the privacy policy and practices of Artist on Cue (Pty) Ltd.
9. How we share your data
9.1. We may share your personal information with third parties on the website who have registered user accounts on the website for purposes of recruitment and marketing of services. By marking certain personal information in your profile as public, visible to all members, or visible to your connections, you expressly consent to us displaying that personal information to such third parties. You may withdraw this consent at any time by changing your settings to mark that personal information as private. By applying for a job listed on the website, you expressly consent to us submitting any personal information contained in your job application to the third party or parties who listed the job. You may withdraw this consent at any time. You understand that by virtue of your personal information being displayed on the website, it may be accessed by third parties located in other countries.
9.2. We share your personal information with the following sub-processors:
9.2.1. Kinsta;
9.2.2. Cloudflare;
9.2.3. Sendgrid;
9.2.4. Vimeo;
9.2.5. Google Drive;
9.2.6. Slack.
9.3. On rare occasions, we may be required to disclose your personal information because of legal or regulatory requirements. In such instances, we reserve the right to disclose your personal information as required in order to comply with our legal obligations, including complying with court orders, warrants, subpoenas, service-of-process requirements or discovery requests.
9.4. We may also disclose information about our users to law enforcement officers or others, in the good faith belief that such disclosure is reasonably necessary to enforce our Terms or this privacy policy or respond to legal claims that any content violates the rights of third parties, or to protect our intellectual property rights or our personal safety or the personal safety of our users or the general public.
9.5. Changes of business ownership or control: We may share your personal information with third parties in connection with a sale of assets, restructuring or merger, in which case we will notify you [prior to sharing your personal information] and will, if required by applicable law, also notify and obtain approval from any relevant regulators.
10. Data protection rights
10.1. Your rights as a data subject in terms of POPIA include the following:
10.1.1. Notification: You have the right to be notified that your personal information is being collected in terms of section 18 of POPIA. You have the right to be notified that your personal information has been accessed or acquired by an unauthorised person in terms of section 22 of POPIA.
10.1.2. Access: You have the right to establish whether we hold personal information about you and to request access to your personal information as provided for in section 23 of POPIA.
10.1.3. Correction or deletion: You have the right to request, where necessary, the correction, destruction or deletion of your personal information as provided for in section 24 of POPIA.
10.1.4. Objection: You have the right to object, on reasonable grounds relating to your particular situation, to the processing of your personal information as provided for in terms of section 11(3)(a) of POPIA. You have the right to object to the processing of your personal information at any time for purposes of direct marketing in terms of section 11(3)(b) of POPIA, or in terms of section 69(3)(c) of POPIA.
10.1.5. Direct marketing: You have the right not to have your personal information processed for purposes of direct marketing by means of unsolicited electronic communications except as referred to in section 69(1) of POPIA.
10.1.6. Automated processing: You have the right not to be subject to a decision which results in legal consequences for you, or which affects you to a substantial degree, which is based solely on the basis of the automated processing of your personal information intended to provide a profile of you as provided for in terms of section 71 of POPIA.
10.1.7. Complaints: You have the right to lodge a complaint to the Information Regulator in terms of section 74 of POPIA as detailed in paragraph 13.
10.1.8. Civil proceedings: You have the right to institute civil proceedings regarding the alleged interference with the protection of your personal information as provided for in section 99 of POPIA.
10.2. If you are a natural person who is present within the European Union, the European Economic Area or Switzerland, your rights include the following a data subject under GDPR:
10.2.1. Your right of access: You have the right to ask us for copies of your personal information.
10.2.2. Your right to rectification: You have the right to ask us to rectify personal information you think is inaccurate. You also have the right to ask us to complete information you think is incomplete.
10.2.3. Your right to erasure: You have the right to ask us to erase your personal information in certain circumstances.
10.2.4. Your right to restriction of processing: You have the right to ask us to restrict the processing of your personal information in certain circumstances.
10.2.5. Your right to object to processing: You have the right to object to the processing of your personal information in certain circumstances.
10.2.6. Your right to data portability: You have the right to ask that we transfer the personal information you gave us to another organisation, or to you, in certain circumstances.
10.2.7. You are not required to pay any charge for exercising your rights. If you make a request, we have one month to respond to you. Please contact us at legal@artistoncue.com if you wish to make a request.
11. Notification of changes
11.1. We reserve the right to change this privacy policy from time to time and in our sole discretion.
11.2. We will notify you of material changes to this privacy policy by the email address we have on record for you.
12. How to contact us
12.1. If you have questions about this privacy policy, please contact us at legal@artistoncue.com.
13. How to complain
13.1. If you have any concerns about our use of your personal information, you can make a complaint to us by emailing [legal@artistoncue.com]. Our representative in the EEA is [Prighter – https://prighter.com/]. You can also submit a complaint to the Information Regulator by emailing complaints.IR@justice.gov.za. If you are a natural person who is present within the European Union, you can also complain to the supervisory authority in the member state of your habitual residence, place of work or place of the alleged infringement if you if you are unhappy with how we have used your data. A list of supervisory authorities for the different member states is available, with their contact details, at https://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm.
