Introduction:
"We" or "us" or "our" refers to Kevin Roe Family Trust trading as EQ-IQ Solutions (Pty) Ltd, a private company incorporated in accordance with the laws of South Africa with company registration number IT2877/1996 and whose registered office is at 8 Rand Street, Calitzdorp, 6660.
General privacy statement:
This privacy policy regulates and explains how Kevin Roe Family Trust collects, assesses, interprets, and shares your personal data. (All the activities that will take place with regard to personal information, special personal information and confidential information of identifiable living natural persons and identifiable juristic persons, are called “processing”).
This Privacy Policy applies to all personal, special personal and confidential data (called “data”) we collect when you use our website, mobile applications or other online assessment tools and products (collectively, “our products”). Furthermore, we may come in contact with and process your or your companies’ data when you otherwise interact with us, including when your company hires us, you contact us for any reason by electronic or other means, give instructions to us, receive information, data, assessments or reports from us or when you participate in any of our assessments or programs or when you contact us for support, research data, opinions or historical data.
This privacy policy does not apply to the data processed by any third party, whether lawfully or not, once your data has been disclosed or transferred to the client. The client takes full responsibility for data once the data has been sent to the client. Once in possession of the data, clients have the responsibility of protecting that data, whether for their own use, or for use through a third party (such as a different assessment system, or for analysis of data), in a confidential manner and in line with all relevant laws, legal requirements and ethical standards.
We may change this data privacy policy from time to time. If we make changes, we will publish such amendments on our website and by revising the date at the top of the policy and, in some cases, we may provide you with additional notices (such as by adding a statement to our website homepages or sending you an email notification) or otherwise seek additional consent in accordance with applicable clauses of the Protection of Personal Information Act of 2013 (Republic of South Africa).We encourage you to review this data privacy policy whenever you access the services or do an assessment, to stay informed about our information practices, your rights, and the way in which you can participate in and receive information re the protection of your privacy rights.
Purpose specification:
We only collect your data where we have been contracted to do so by a client, or where we determine the purpose for processing of data. We may process data for the following purposes:•Provide and deliver the products, assessments, assessment results, reports, opinions and services our clients request, process transactions and send related information, including reports, assessments, opinions and invoices, historical data, research;•Send you technical notices, updates, security alerts and support and administrative messages;•Respond to your comments, questions and requests and provide our service to you and the clients;•Communicate with you about your assessments, results, further actions, plans and provide news and information we think will be of interest to you;•Update and maintain our data base, monitor and analyze trends, usage and activities relating to our assessments in connection with our services;•Personalize and improve the services and provide, content or features that match user profiles or interests;•Comply with our legal obligations;•Process complaints, investigations, assessments, participate in any legal process, defend any legal process, settle, mediate and conciliate disputes or claims, comply with legal obligations;•Provide, maintain, and improve our services.
Collection and other processing activities:
We will always strive to collect data from you directly. In certain circumstances we may however collect data from public sources or from third parties. We process all information you provide directly to us, especially the information you supply during assessments. For example, we collect information when a company creates an account with us, participates in any interactive features of the online services, fill out forms, participate in any activity we embark upon on behalf of clients or, register for and complete assessments, receive reports, request support, or otherwise communicate with us.
Data collected automatically when the data subject uses the assessment service:
Some or all the following data about you in order to ensure assessment process integrity: •Personal data to accurately process your assessment. Responses to psychometric, performance, competence test / questionnaire / survey/ simulation questions. Analysis, interpretation, and report based on the assessment completed by you.
Information Collected by Cookies and Other Tracking Technologies: We use various technologies to collect information, and this includes sending cookies to your computer or mobile device.
Client Company:
All company details required to conclude Service Level Agreements and related financial processes. All assessment results of those candidates the client company or client companies requested us to assess through the various available assessment technologies.
Candidate doing the assessment:
The types of data you may choose to provide include your name, identity number, email address, postal address, phone number, fax number, gender, race, information about your company and current position, assessment replies, employment history and other related to the purpose for which you have been requested to do the assessment. Enquiries about services: All information required to provide you with the information you request including contact details.
Administrative purposes:
We may process your personal information for: •Billing, accounting, and auditing purposes. •Where legal rights in a dispute need to be defended and protected. •System maintenance and product development. •Due to the fact that we are obliged to keep your data accurate, updated and not misleading, we may from time to time contact you with a request to update your information.
Reporting:
The Assessment reports and services we provide to our clients may be used by them for purposes which may include the selection and development of individuals in an employment or human resources context. We may also provide a copy of the Assessment Data to our Clients for use by them for their own internal human resource management purposes. Clients are entitled to use the personal information that we provide to them as part of our Services for their own purposes. Such Clients are obliged to process your personal information in accordance with their own obligations under applicable Data Protection Laws.
Links to our other websites
https://training-in-assessment.yolasite.com/
and https://myeq.yolasite.com/
Along with relevant links to our website from our clients’ websites may contain links to and from external websites. If you follow a link to any of these external websites the collection and processing of your personal information will no longer be regulated by us or be governed by this Policy. Please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies.
Data We Collect from Other Sources:
When we cannot collect the data from you directly, or where we or our clients have a legitimate interest in processing the data, we also obtain information from other sources and may combine it with data we collect through our Services. This means that we may have access to certain data from the client or whomever has collected the data from you directly or from third party sources. Additionally, we may receive data about you from third parties with whom you have authorized to share your data.
Disclosure and sharing of Data:
We share data about you as follows or as otherwise described in this privacy policy:•With clients, managers, HR, Talent and line mangers who need access to such data to do talent management, performance assessments, promotions, redeployment, job and candidate selections for vacant positions;•In response to a request for data if we are required by, or believe disclosure is required by, any applicable law, regulation or legal process, including in connection with lawful requests by law enforcement, national security, or other public authorities or the legitimate interest of a third party, such as the client;• With your consent or at your direction, including if we notify you through our services that the data you provide will be shared in a particular manner and you provide such data. To update, authenticate or verify your data, or to adhere to a request for data participation, disclosure, amendment, or erasure. Information is also transmitted trans-border where clients, and assessment candidates reside in other countries.
Legal Basis for Processing:
When we process your personal data, we will only do so in the following situations:•We need to use your data to perform our responsibilities under our contract with you (e.g., assessments, reports, advice, payments for and providing our services you have requested).•We have a legitimate interest in processing your personal data. For example, we process the personal data we collect from you to send you communications, reports, updates, communicate with you about changes to our Services, and to provide, secure, and improve our Services. If we request your consent to a specific processing activity, and you provide your consent in the manner indicated. In some cases, processing will be necessary for compliance with a legal obligation, such as response to legal process requests, processing of special personal data.
Information We Transfer Internationally:
Due to the international nature of internet-based Assessment and training services, we may from time to time appoint third parties as data processors to process data containing information about you on our behalf, or store such information in, or transfer it to persons located in other countries such as the European Economic Area (EEA), and other African countries. These countries may not have Data Protection Laws equivalent to those which are in force in South Africa, to protect your information. Where we transfer your information to such third-party data processors and/or third parties in other countries, we shall ensure that they provide sufficient guarantees in respect of the technical and organisational security measures. We shall take reasonable steps to assess their compliance with those measures in order to ensure your information is adequately protected in accordance with applicable Data Protection Laws
Data Retention and further processing:
We store and process the data we collect about assessment subjects, their assessments, clients as long as is necessary for the purposes for which we originally collected it. We may also retain certain data for legitimate business purposes or as required by law which shall include the assessment results for research and talent management purposes. We may retain this information in separate, secure data bases for a period of 20 years.
Data Subject Requests:
You have the right to access your special personal data we hold about you and to ask that your special personal data be corrected, deleted, amended, or updated. In certain cases, you may also have the right to request that we erase special personal data we are processing or to restrict or object to certain of our processing activities. If you would like to exercise any of these rights, you may contact us as indicated in the “Contact Us” section on our website.
Questions or Complaints
If you have a concern about our processing of personal data, you can contact the responsible person as provided in the contacts section below. If we are not able to resolve your complaint or concern, you have the right to lodge a complaint with the Information Regulator of SA, at http://www.justice.gov.za/inforeg/
Your rights as a data subject:
Your rights as a data subject are set out in section 18 of the Protection of Personal information Act of 2013. You have the right to be informed that your data is being collected and processed and the purpose thereof. Therefore, it is imperative that you read this policy and understand the terms and implications thereof. You have the right to request a copy of the personal data we hold about you and/or to correct any inaccuracies within such data, amend or delete such data. You may address such requests to the contact information provided in the “Contact Us” section on our website. We will use reasonable efforts to supply, correct or delete data that we hold about you or to advise you if we are not required by applicable laws to comply with such requests.
Retention periods:
Data will only be kept for as long as it serves the purpose for which it was collected and retained for research purposes, or if it must be kept for a certain period of time due to a legal requirement to do so, or if it is processed for the purpose of entering into, instituting, or defending legal suit against us.
Jurisdiction:
Kevin Roe Family Trust trading as EQ-IQ Solutions (Pty) Ltd operates within the jurisdiction of South Africa, South African Courts and South African Law. As such any claim or dispute from any transnational electronic transactions from any party against Kevin Roe Family Trust will be lodged and resolved under South African law, in a South Africa court. Any user of our services therefore consents to these jurisdiction terms.
Contact Us:
If you have any questions about this Privacy Policy or complaint or requests regarding your personal data or complaints, please contact us on kevin@eqiqconsulting.co.za