Privacy Statement

1. Introduction

This SmartCrypto Privacy Statement explains how SmartCrypto, collects, uses, stores, processes, discloses, and deletes Personal Data you provide directly to us or that we receive from your authorised third parties including, without limitation, that you provide to us via our website, located at the SmartCryptosolutions.com, accessed through any medium, including via computer, mobile device, or other device. 

This Privacy Statement also outlines your rights in respect to your Personal Data.

You can contact us.

SmartCrypto is a distributor and reseller of Cryptographic products and services, headquartered in Pretoria, Gauteng, South Africa.

SmartCrypto provides you with the ability to purchase or access a variety of product and service offerings made available by SmartCrypto and various preferred providers (“Offerings”).

Although we encourage you to read this entire Privacy Statement, this is a summary of some of the more important aspects of the Privacy Statement:

  • Each Offering may include its own specific privacy policy. You should carefully read the privacy policy of any Offering before accessing or using that Offering.
  • We may collect Personal Data and other information from you through a variety of sources, including Personal Data we have collected from you, on or offline. We may also combine it with information we receive about you from other sources, such as Affiliates, publicly available information sources (including information from your publicly available social media profiles), and other third parties.
  • We will not use or share your Personal Data except as described in this Privacy Statement.
  • Where applicable, we honour opt-out instructions from you for certain uses of your Personal Data under this Privacy Statement, such as, for example, when you opt out of receiving marketing email communications from us or request us to delete your Personal Data.
  • We use appropriate technical and organisational controls to secure and protect your Personal Data and whilst we cannot ensure or warrant that your Personal Data will be completely secure from misappropriation by hackers or from other nefarious or criminal activities we believe that our measures reduce the risk of such activities happening.

2. General Principles for the Processing of Personal Data

Personal Data will be collected, stored, processed and transmitted in accordance with SmartCrypto’s established policies and applicable local and international laws, rules and regulations.

The principles of SmartCrypto with respect to the processing of Personal Data are as follows:

  • Personal Data will be processed fairly, lawfully and transparently,
  • Personal Data will be collected for specified, explicit, and legitimate purposes and not further processed for incompatible purposes,
  • Personal Data collected by SmartCrypto will be adequate, relevant, and not excessive in relation to the purposes for which it is collected,
  • Personal Data collected by SmartCrypto will be accurate and, where necessary, kept up to date to the best of our ability,
  • Personal Data will be protected against unauthorised access and processing using appropriate technical and organisational security measures and controls; and
  • Personal Data collected by SmartCrypto will be retained as identifiable data for no longer than necessary to serve the purposes for which the Personal Data was collected.

If SmartCrypto engages in the processing of Personal Data for purposes other than those specified in this Privacy Statement, SmartCrypto will provide notice of these changes, the purposes for which the Personal Data will be used, and the recipients of Personal Data.

3. Collection of Information

SmartCrypto may collect Personal Data about you from a variety of sources, including, directly from you, from other Users, from resellers and distributors, from our vendors, from our service providers, from third party information providers, from our Affiliates, and through the operation of the Website.

“Personal Data” collected by SmartCrypto includes:

  • your first and last name;
  • email address;
  • phone number;
  • For employment purposes, your CV or professional information.

Sensitive Information (Special Categories of Data)

Unless we specifically request or invite it, we ask that you not send us, and you not disclose, any sensitive personal data (e.g., information related to racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background or trade union membership) on or through this Website or otherwise to us. In those cases where we may request or invite you to provide sensitive personal data, we will do so with your explicit consent, which you may withdraw at any time.

SmartCrypto collects your Personal Data as follows:

Information You Provide Voluntarily

We may collect Personal Data directly from you when you voluntarily provide it to us. For example, when you communicate with us over the telephone or through the Website by way of email, online chat, web form, or online account registration to obtain access to Offerings, register for an event or training, purchase an Offering, ask questions, attempt to resolve any issues related to the Website or Offerings, submit a job application, or submit feedback and comments.

From Our Vendors

We may obtain Personal Data about you from vendors that make Offerings available through us.

From Third Parties

SmartCrypto may also obtain Personal Data from third parties that have obtained or collected information about you and that SmartCrypto have checked that these third parties either have your consent or are otherwise legally permitted or required to disclose your Personal Data to us.

4.  Use of Information

SmartCrypto uses Personal Data we collect to operate our business and provide you with Offerings, which includes using this data to improve our Offerings and personalise your experiences.

SmartCrypto may use your Personal Data for a variety of purposes (the “Purposes”), including to:

  • Provide you with the products and services you purchase. We provide these in line with our contractual obligations to you, either directly through us or through our partners;
  • Provide, maintain and improve the Website and our Offerings, including to operate certain features and functionality of the Website;
  • Understand user preferences to enhance users’ experience with CMS Distribution and its Affiliates, contractors, and business partners;
  • Develop additional Offerings;
  • Process job applications;
  • Comply with a legal obligation or respond to lawful requests by public authorities (including national security or law enforcement requirements);
  • Manage our everyday business needs;
  • Enforce compliance with our Terms of Use and applicable law;
  • Prosecute and/or defend a court, arbitration or similar legal proceedings;
  • Communicate directly with you by sending you newsletters, promotions and special offers or information about new products and services on an ongoing basis in accordance with your marketing preferences. You can unsubscribe from our marketing communications by clicking “Unsubscribe” at the bottom of any communication we issue, or by contacting us;
  • Communicate directly with you by phone to respond to customer service inquiries or comments through the Website, social media or otherwise, to provide customer support;
  • Deliver advertising to you, including to help advertisers and publishers serve and manage ads on the Website or on third party sites, and to tailor ads based on your interests and browsing histories; and

We may combine and enhance the Personal Data we collect about you with other information we receive from third parties to provide you with the best service possible.

If you apply to work for SmartCrypto, we may retain your details, or details of candidates who may be of interest to us on a central database, for a period of up to six months. Alternatively, if you would like to be removed from the database, you may request this.

5.  Information Sharing

We share your Personal Data as necessary to complete any transaction or provide any Offering you have requested or authorised or with your consent where appropriate. We also share Personal Data with vendors, resellers and distributors, service providers, Affiliates and business units when required by law.

We may share personal data internally with teams such as Sales, Customer Service, Finance, Marketing and Operations to ensure your products and services are delivered in line with your purchasing agreement with us. We will only ever process this data for as intended. We may do this to respond to legal process, to protect our customers, to maintain the security of our business, and to protect the rights or property of SmartCrypto. You may contact us anytime around how we share your data internally.

We may disclose your Personal Data as follows:

Vendors

SmartCrypto may share Personal Data about you with the third party vendors that make Offerings available through us.

Other Users

SmartCrypto may share your Personal Data with other users when you elect to interact with those users (or request that we communicate with them on your behalf).

Law Enforcement and Safety

SmartCrypto may share your Personal Data with any competent law enforcement, regulatory, government agency, court, other governmental officials, or other third party where we believe disclosure is necessary (i) as a matter of applicable law or regulation, (ii) in connection with actual or proposed litigation, (iii) to exercise, establish or defend our legal rights or interests or protect our property, security and people, or (iv) to protect your vital interests or those of any other person.

Acquisition, Merger, Reorganisation, Sale or Acquisition of Assets

If SmartCrypto transfers ownership or control of any portion of SmartCrypto to an actual or potential buyer, whether in the context of an acquisition, merger, reorganisation, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings), we may transfer your Personal Data to that actual or potential buyer, provided that the use of your Personal Data by that third party remains subject to applicable law.

Other

If you have asked us to share data with third party sites (such as social media sites), their servers may not be secure. Note also that, despite the measures taken by us and the third parties we engage, the internet is not secure. As a result, others may nevertheless unlawfully intercept or access private transmissions or data.
 
 
6.  Other Important Privacy Information

Below you will find additional privacy information you may find important.

Your Data Protection Rights

You can exercise your rights at any time by contacting us directly or via the website.

You have the following data protection rights:

  • The right to be informed
  • The right of access
  • The right to rectification
  • The right to erasure
  • The right to restrict processing
  • The right to data portability
  • The right to object

Similarly, if we have collected and process your Personal Data with your consent, then you can withdraw your consent at any time.  Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Data conducted in reliance on lawful processing grounds other than consent.
You have the right to complain to a data protection authority about our collection and use of your Personal Data.  For more information, please contact your local data protection authority, which for SA is: The Information Regulator (IRSA),

For more information about your Data Protection Rights please visit the https://www.justice.gov.za/inforeg/index.html

Security of Personal Data

SmartCrypto takes what it considers to be appropriate technical and organisational controls and measures to secure and protect your Personal Data from unauthorised or unlawful processing and against accidental loss or destruction of, or damage to it, or its misuse, and disclosure. These include strong user access controls, segmented network architecture and comprehensive employee policies and training. It is a priority of SmartCrypto to ensure all Personal Data is protected and secured to the highest level.

While no system is completely secure, we believe the measures implemented by SmartCrypto reduce our vulnerability to security problems to a level appropriate to the type of data involved.

SmartCrypto cannot ensure or warrant that Personal Data will be completely secure from misappropriation by hackers or from other nefarious or criminal activities, or in the event of a failure of computer hardware, software, or a telecommunications network. SmartCrypto will notify you in the event we become aware of a security breach involving your Personal Data (as defined by the applicable foreign and local laws) in line with our Breach Management process.

Legal Basis for Processing Personal Data

Our legal basis for collecting and using the Personal Data information described above will depend on the Personal Data concerned and the specific context in which we collect it. However, we will normally collect Personal Data from you only:

  • Where we need the Personal Data to perform a contract with you (such as to fulfill your purchase of an Offering);
  • Where the processing is in our legitimate interests and not overridden by your rights; or
  • Where we have your consent to do so, which can be withdrawn at any time as mentioned above.

In some cases, we may also have a legal obligation to collect Personal Data from you or may otherwise need the Personal Data to protect your vital interests or those of another person.

A legitimate interest is when we have a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests. If we collect and use your Personal Data in reliance on our legitimate interests (or those of any third party), this interest will normally be to operate our platform and communicating with you as necessary to provide our products and services to you, and for our legitimate commercial interest, for instance, when responding to your queries, or for the purposes of preventing illegal activities.

When we process your personal data for such marketing purposes (and other activities) we consider and balance any potential impact on you and your data protection rights. We will not use your personal data for marketing and other activities where the impact on you overrides our interests (unless we are otherwise lawfully permitted to do so). We may have other legitimate interests, and if appropriate, we will make clear to you at the relevant time what those legitimate interests are.

You have the right to object to processing based on legitimate interests. (This will not always mean we need to stop using your personal data, although for direct marketing-related processing we must stop if you ask us to).  See Your ‘Data Protection Rights’ above.

Accuracy

It is your responsibility to provide SmartCrypto with accurate Personal Data. Except as otherwise set forth in this Privacy Statement, SmartCrypto shall only use Personal Data in ways that are compatible with the purposes for which it was collected or subsequently authorised by you. To the extent necessary for these purposes, SmartCrypto shall take reasonable steps to ensure that Personal Data is accurate, complete, current and relevant to its intended use.

International Data Transfers

Your Personal Data may be transferred to, and processed in, countries other than the country in which you are resident.  These countries may have data protection laws that are different to the laws of South Africa.

Specifically, our primary Website server is in South Africa and our partners operate around the world.  This means that when we collect your Personal Data we may process it in any of these countries. However, we have taken appropriate safeguards to require that your Personal Data will remain protected in accordance with this Privacy Statement.

Retention Period

We retain Personal Data we collect from you in line with our business retention periods. For example, where we have an ongoing legitimate business need to do so (such as to provide you with a product or service, or to comply with applicable legal, tax or accounting requirements), we may retain the data for up to 7 years.

Third Party Websites

In addition to providing access to Offerings, the Website may include links to other websites and web services. This Privacy Statement does not apply to those websites and services and the privacy practices of those websites and services may differ from those described in this Privacy Statement. SmartCrypto encourages you to carefully read the privacy policy of any website or web service you visit before either agreeing to their terms or using those websites.

Compliance

SmartCrypto will use a self-assessment approach to verify compliance with this Privacy Statement and periodically verify that the Privacy Statement is accurate, comprehensive for the information intended to be covered, prominently displayed, implemented and accessible.

Revisions

SmartCrypto may from time to time revise this Privacy Statement in its sole and absolute discretion to reflect changes in our business practices. If we revise this Privacy Statement, we will notify you by posting the updated Privacy Statement on this Website. We will always seek your consent for any changes in the way we process your personal data, as required by applicable data protection laws.

7. Cookies and Other Website Usage Information

We do not monitor and collect information about how you access, use, and interact with our Website.

8. Queries

Questions can be directed to line management or the Compliance Officer, via email at: compliance@smartcryptosolutions.com.