Privacy Policy

. WHAT THIS PRIVACY POLICY COVERS

1.1  This Privacy Policy provides information on the collection, use, sharing and processing of personal information by  EMA  Proprietary Limited and its regional offices, whose details are set out on this webpage, (“ EMA ”) in connection with your use of  EMA  websites and social media pages that link to this Privacy Policy, your interactions with  EMA , whether in person or online, and your use of  EMA ’s products and services. This Privacy Policy also explains the choices you have in relation to these processing activities.

1.2  This Privacy Policy does not apply to non- EMA  websites, services, products, applications or social networks (“non- EMA  offerings”) that you may link to or connect with when interacting on  EMA  websites. Use of non- EMA  offerings may lead to parties other than  EMA  processing your personal information.  EMA  does not have any control over non- EMA  offerings and you should review the privacy policies of these parties before using the non- EMA  offerings.

1.3  In this Privacy Policy:

1.3.1  “you” is a reference to any person, including a natural person, a company, a body corporate, an association, a joint venture, a partnership, a trust and any entity capable of suing and being sued, who visit and/or use  EMA  websites or social media pages, attendees at  EMA  events, customers and prospective customers and their representatives, suppliers and channel partners and their representatives and  EMA ’s employees;

1.3.2  “personal information” means information that relates to an identified or identifiable person such as a name, identification number, location data or online identifier;

1.3.3  “process” means any operation or set of operations that is performed on personal information, including the use of, recording, copying, compiling, collecting, collating, structuring, processing, mining, storing, erasing, altering, disclosing by transmission, disseminating and/or transferring such personal information;

1.3.4  “ EMA  offerings” means any one or more of  EMA ’s products, services, PartnerUP Program, social media pages, non-marketing related newsletters, case studies, blogs, education services and materials, webinars, events and  EMA  websites and the services, tools, content and features made available through the  EMA  websites; and

1.3.5  the interpretation of general words shall not be restricted by being followed by words including a particular class of acts, matters or things or by being followed by particular examples.

2. CONSENT

2.1 If you do not agree with this Privacy Policy, please do not access or use  EMA  offerings or interact with any other aspect of  EMA ’s business.

2.2  EMA  may change this Privacy Policy from time to time. If there is an important change,  EMA  will inform you about such change in an appropriate way, such as a pop-up notice or a statement of the changes on this website. Your continued interaction with and use of  EMA  offerings will constitute your consent to the current version of this Privacy Policy.

2.3 You may at any time withdraw a consent granted under this Privacy Policy. Please refer to clause 11 below.

3. WHAT INFORMATION  EMA  COLLECTS ABOUT YOU

3.1   EMA  may collect information directly from you, including:

3.1.1  your name, physical address, email address, telephone numbers and/or your identification number and, in the case of a natural person, your company’s name, your company’s identification number, your job title, your business telephone number and/or email address, such as when you submit an enquiry to  EMA , when you contract with  EMA  for a  EMA  offering or when you create an online account or profile to access  EMA  offerings;

3.1.2  your payment information if you purchase or subscribe for  EMA  offerings that are provided by way of  EMA  websites or if  EMA  needs to process a payment to you. However in most instances when you pay  EMA  for a  EMA  offering by way of a  EMA  website, your payment information will be transferred directly from you to the third party service provider that processes the payment without  EMA  having access to your payment information;

3.1.3  your financial information for vetting purposes if you apply to become a channel partner and, if you are a channel partner, for purposes of assessing your performance and determining your grading and benefits;

3.1.4  your company logo for display on  EMA  websites as recognition of the relationship that exists between you and  EMA , whether as a customer, a channel partner or a supplier;

3.1.5  the passwords and log-in details that you have created to access your account with  EMA  in respect of the  EMA  offerings; and/or

3.1.6  your opinions relating to  EMA  offerings received from surveys.

3.2   EMA  may also collect other information through your interaction with and use of  EMA  offerings, including:

3.2.1  Internet Protocol address (“IP address”) and information derived from your IP address, such as your geographic location, your company or when you access  EMA  websites;

3.2.2  information about the device that you use to access  EMA  websites, such as device type and version, mobile device identifier, browser type, operating system, the presence or use of applications or information about your preferred language;

3.2.3  information about the company that you work for, such as the name, size, location, industry or its public officers;

3.2.4  behavioural or demographic attributes, when tied to personal information that identifies you;

3.2.5  behavioural data about the internet connected device you use when interacting with  EMA  websites, such as webpages clicked, content areas visited and time spent on webpages, content downloaded, date and time of activities, how often you access  EMA  websites or the web search used to locate and navigate to a  EMA  website;

3.2.6  transactional data, including products and services that you have enquired about or ordered or are using;

3.2.7  your activities in relation to  EMA  offerings, such as the applications you have purchased through the  EMA  Appstore, the support issues you have logged, the certification you have achieved or, in the case of a channel partner, the customers that you have sublicensed  EMA  products to;

3.2.8  your use and navigation of  EMA  websites and your use of the services, products, tools and material made available by way of  EMA  websites; and/or

3.2.9  aggregated information relating to the use of  EMA  offerings, such as which features or aspects of  EMA  offerings are used the most or the least or any errors or problems that are registered in respect of specific features or aspects of the  EMA  offerings.

3.3  In some instances,  EMA  may combine other information with personal information. If  EMA  combines other information with personal information,  EMA  will treat the combined information as personal information.

4. HOW  EMA  COLLECTS INFORMATION

4.1   EMA , its affiliates and its third party service providers may collect information from a variety of sources including:

4.1.1  when you provide the information to  EMA  or its third party service providers either directly or through  EMA  websites;

4.1.2  your interaction with  EMA , your use of  EMA  offerings and your access to and activities on or in relation to  EMA  offerings;

4.1.3  the use of technologies on  EMA  websites such as:

4.1.3.1  electronic communication protocols – when you visit  EMA  websites,  EMA  may automatically receive information from you as part of the communication connection itself, which may include the information listed in clauses 3.2.2 or 3.2.5 above, and  EMA  may also automatically receive and record information about your interaction with  EMA  websites;

4.1.3.2  cookies – are small text files sent by a web server to store information on your browser so it can later be read back from that browser. Cookies collect information such as your device ID, your IP address, behavioural data of your device usage on  EMA  websites and general usage and volume statistical information. Cookies remember log-in details and provide secure log-in, keep track of information you have provided to  EMA , remember your task or transaction progress, analyse site usage to provide custom content, conduct analytics to optimise  EMA  website functionality, ensure the  EMA  websites look consistent and allow you to post comments. You can set your browser to alert you when a cookie is being used and accept, reject or disable the cookie. If you reject or disable a cookie, you may not be able to use certain functions or features of a  EMA  website;

4.1.3.3  tags (often called pixels) – are small blocks of code on a web page that allow  EMA  websites to do things like read and place cookies on your browser or device.  EMA  uses tags to collect information about you when you visit  EMA  websites, such as your IP address, the time that you visited the  EMA  website and the type of browser you used, and your behaviour on the  EMA  websites, such as which webpages you accessed or what information you downloaded; and/or

4.1.3.4  analytics tools – these tools may establish your location, track how you use  EMA  websites or create a profile of you. This assists  EMA  to determine which content is the most appropriate to be displayed while you visit  EMA  websites, which  EMA  offerings you are interested in and how you are using the information that is made available to you on  EMA  websites; and/or

4.1.4  other data you may have made publicly available, such as social media posts or when you ‘like’  EMA , share content or follow  EMA  on Twitter or data provided by third party sources, such as professional networking sites or information service providers.

5. HOW  EMA  USES THE INFORMATION

5.1  Depending on which of the  EMA  offerings you use, how you use those offerings and any preferences you have communicated to  EMA ,  EMA  may use your personal information (unless otherwise restricted by applicable law):

5.1.1  to communicate with you and respond to your requests or enquiries which  EMA  may have received by you submitting contact forms on  EMA  websites, attending  EMA  events, sending an email to  EMA  or by visiting social media platforms;

5.1.2  to interact with you on third party social networks, such as providing a hashed user ID to third party social networks or other web offerings where this information is matched against their databases to display more relevant information to you;

5.1.3  if you choose to register with  EMA , such as to become a channel partner or as a customer or to receive  EMA  offerings, to create and manage an account for you;

5.1.4  to engage in transactions with you and to process your transactions, such as sending you licence keys to activate your use of  EMA ’s products, activating your subscription to a service or sending you invoices;

5.1.5  to perform in terms of an agreement that you or your company have entered into with  EMA , such as providing you with the relevant  EMA  offering, verifying your identity, taking payments and sending you necessary communications;

5.1.6  to process activities necessary to perform or provide the  EMA  offerings, such as testing and applying new products, patches and updates and resolving errors and other issues that you have reported to  EMA ;

5.1.7  to track or record your use of  EMA  offerings, such as the version of  EMA  software you are using or the webinars you have attended;

5.1.8  to communicate with you about any matters or information relating to  EMA  offerings, such as new product releases and service developments, updates, events, special offers, promotions or requirements and benefits applicable to channel partners. This information may apply specifically to you or generally to all parties using those or related  EMA  offerings. This may occasionally include information from other business partners about their products and services that can add value to  EMA  offerings;

5.1.9  to send you newsletters and notify you about blogs published on  EMA  websites;

5.1.10  to share information about your use of  EMA  offerings with your company, such as the courses that you have registered for, the certifications that you have achieved or the tools that you have downloaded;

5.1.11  to provide  EMA  online communities and moderate the activities that take place on such platforms.  EMA  websites may permit you to participate in interactive discussions, post content and engage in networking activities. Certain of your personal information, such as your name, may be visible to other participants.  EMA  does not control the content that users post to these forums. You should carefully consider whether you wish to submit personal information to these forums. Please refer to clause 11 below regarding your right to manage or remove your personal information from  EMA  online communities;

5.1.12  to help create and personalize content for you on  EMA  websites and to facilitate and improve your use of the  EMA  websites;

5.1.13  to diagnose problems in respect of  EMA  websites, to administer  EMA  websites, to keep  EMA  websites secure and to gather demographic information about the users of  EMA  websites;

5.1.14  to conduct surveys and market research in respect of various topics, such as  EMA ’s customers or channel partners or their experience of  EMA  offerings or the effectiveness of  EMA ’s marketing campaigns or learning courses, to evaluate and improve the use, function and performance of  EMA  offerings, marketing and sales campaigns and  EMA ’s customer, channel partner and supplier relationships;

5.1.15  to investigate and prevent potential fraud or illegal activities involving  EMA ’s systems and networks, to administer  EMA ’s back-up and disaster recovery plans and policies and to confirm compliance with licensing and other terms of use applicable to  EMA  offerings;

5.1.16  to comply with applicable laws and to operate  EMA ’s business, such as confirming your identity, responding to a request from a regulator, defending a legal claim, conducting internal audits and investigations or for finance and accounting, archiving and insurance purposes;

5.1.17  as  EMA  believes to be necessary or appropriate to protect you,  EMA ’s employees and affiliates and other users of  EMA  offerings,  EMA ’s physical and online operations,  EMA ’s property,  EMA ’s rights and  EMA ’s privacy and/or that of  EMA ’s affiliates, you or others; and/or

5.1.18  carry out any other purpose described to you at the time the information was collected from you.

5.2  Some of the personal information uses specified above are not mandatory and may be controlled by you by setting use preferences or electing to opt-out, however your decision to do so may affect your use of  EMA  offerings and/or  EMA ’s ability to transact with you.

5.3  If you are a natural person residing in the European Union,  EMA ’s basis for processing your personal information is the following:

5.3.1  in order to communicate adequately with you and to respond to requests,  EMA  needs to process information about you and therefore  EMA  has a legitimate interest in processing this information;

5.3.2  in order to engage in transactions with customers, suppliers and partners and to process purchases and downloads of  EMA  offerings,  EMA  needs to process information about you as necessary to enter into or perform a contract with you;

5.3.3   EMA  processes personal information for marketing and sales activities based on your consent where so indicated on  EMA  websites at the time your personal information was collected or further to  EMA ’s legitimate interest to market and promote  EMA  offerings;

5.3.4   EMA  relies on its legitimate interest to analyse, develop, improve and optimise  EMA  offerings and to maintain the security of its websites, networks and systems;

5.3.5  in order to comply with  EMA ’s legal obligations, applicable laws and regulations, such as to comply with a subpoena or other legal process or to process an opt-out request.

6. WHEN AND HOW  EMA  SHARES YOUR INFORMATION

6.1   EMA  uses and shares the personal information it collects (unless otherwise restricted by applicable law):

6.1.1  globally between and amongst  EMA  Proprietary Limited and its regional offices.  EMA  employees are authorised to access personal information only to the extent necessary to serve the applicable purpose and to perform their job functions;

6.1.2  with third parties who provide services to  EMA  such as analytics, hosting websites, payment processing, marketing and promotions, event/campaign management, website management, information technology and related infrastructure provision, customer service, e-mail delivery, auditing, legal and other similar services;

6.1.3  with third parties who provide products to  EMA  which are incorporated into or used with  EMA  offerings;

6.1.4  with specific partners that offer complementary products and services;

6.1.5  with your consent, such as displaying your testimonial as a satisfied customer or partner on a  EMA  website;

6.1.6  as  EMA  in good faith believes to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence or business; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence or business, for national security and/or law enforcement purposes; (d) to enforce  EMA ’s terms and conditions; and (e) to allow  EMA  to pursue available remedies or limit the damages that  EMA  may sustain; and/or

6.1.7  with the relevant third party in the event of a reorganisation, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of  EMA ’s business, assets or shares (including in connection with any bankruptcy or similar proceedings).

6.2  When  EMA  shares personal information with third parties,  EMA  requires that
your personal information is processed only to the extent that such processing is necessary and subject to terms consistent with this Privacy Policy.

6.3   EMA  does not sell or rent your personal information to third parties for any purpose.

6.4   EMA  may use, transfer and disclose other information, which is not personal information, that  EMA  collects for any purpose, such as statistical information about visitors to  EMA  websites, except where applicable law requires otherwise.

7. ANOTHER PERSON’S INFORMATION

7.1  If you share any personal information with  EMA  that relates to another person (“Data Subject”) you warrant and undertake to and in favour of  EMA  that:

7.1.1  you are in lawful possession and control of the personal information and that you have the consent of the Data Subject to allow  EMA  to process and in any other manner use such personal information for the purpose for which it was collected or made available and as contemplated in this Privacy Policy;

7.1.2  the Data Subject has consented to the Data Subject’s personal information being processed in a country that is different to the Data Subject’s country of residence or business;

7.1.3  you will promptly inform  EMA  in writing in the event that a Data Subject requests that its personal information be updated or in the event that a Data Subject withdraws the consent referred to in this clause 7.1;

7.1.4  you will be responsible for ensuring the correctness or accuracy of the Data Subject’s personal information that is processed by  EMA .

7.2  You indemnify, defend and hold  EMA  harmless from and against any and all claims, demands, causes of action, liabilities, losses, damages, judgments, settlements, fines, penalties, awards, costs, expenses and fees (including legal costs and fees on an indemnity basis) that may be sustained, suffered or secured against or incurred by  EMA  arising out of or resulting from:

7.2.1   EMA ’s lawful processing of a Data Subject’s personal information;

7.2.2  the personal information not being correct or accurate; or

7.2.3  your breach of the above provisions.

8. FOR WHAT PERIOD DOES  EMA  RETAIN PERSONAL INFORMATION

8.1  The time periods for which  EMA  keeps your personal information may vary according to the use or purpose attached to the personal information.  EMA  will keep your personal information (i) only for as long as it is required to fulfil the purpose for which the personal information was collected or for which it is to be processed or (ii) until you withdraw your consent. However, where  EMA  is required by applicable law to retain your personal information longer or where your personal information is required for  EMA  to assert or defend against legal claims,  EMA  will retain your personal information until the end of the relevant retention period or until the claims in question have been settled.

8.2  At the end of the retention period,  EMA  will delete your personal information in a manner designed to ensure that it cannot be reconstructed or read.

9. HOW  EMA  SECURES YOUR PERSONAL INFORMATION

9.1   EMA  uses reasonable technical and organisational safeguards that are designed to protect your personal information from unauthorised or unlawful processing, accidental loss, misuse, unauthorised access, disclosure, alteration and destruction.

9.2  All transmission of data to and from  EMA ’s servers is encrypted using Secure Sockets Layer (SSL) technology.

9.3  However, despite  EMA ’s efforts, no security controls are 100% effective and  EMA  cannot guarantee the security of your personal information. In the event that your personal information is acquired, or is reasonably believed to have been acquired, by an unauthorised person and applicable law requires notification,  EMA  will give you notice promptly.  EMA  will determine the scope of the breach and investigate and restore the integrity of the data system.

9.4  It is important for you to protect against unauthorised access to your account password and to your devices.

10. HOW  EMA  TRANSFERS INFORMATION IT COLLECTS INTERNATIONALLY

10.1   EMA  collects and shares information globally.

10.2  For purposes of providing the  EMA  offerings to you,  EMA  may transfer, process and store your personal information outside your country of residence or business to wherever  EMA  or its third party service providers operate. In some of these countries, such as the United States, the privacy protections and rights of authorities to access personal information may not be equivalent to those applicable to your country of residence or business. However, in such circumstances  EMA  requires that any processing of your personal information in such country will be subject to the provisions of this Privacy Policy.

11. YOUR RIGHTS

11.1  You may:

11.1.1  request information from  EMA  at any time about the personal information that  EMA  processes about you;

11.1.2  request a copy of the personal information that you have provided to  EMA .  EMA  will carefully consider your request and discuss with you how  EMA  can best fulfil it;

11.1.3  withdraw consent you have previously provided for the processing of your personal information;

11.1.4  ask  EMA  to erase or delete all or some of your personal information;

11.1.5  edit some of your personal information or request  EMA  to change, update or fix your personal information in certain cases, particularly if it is inaccurate;

11.1.6  ask  EMA  to stop using all or some of your personal information or to limit  EMA ’s use of your personal information.

Please note that these rights are not absolute and certain exemptions apply.

11.2  You can exercise some of the above rights by:

11.2.1  logging into the  EMA  offering and using settings available within the offering or updating your profile settings and modifying content that contains information about you using the options associated with that content;

11.2.2  using the unsubscribe link within promotional communications or updating
your email preferences within your profile settings;

11.2.3  adjusting your browser settings; and/or

11.2.4  contacting  EMA  via the details provided in clause 17 below.

11.3   EMA  will accommodate your request in terms of clause 11.1 above to the extent that it does not conflict with a statutory obligation or prevailing right of  EMA .

11.4  You acknowledge that:

11.4.1  any request in terms of clause 11.1 above may mean that you may not be able to continue using some or all of the  EMA  offerings;

11.4.2  any request in terms of clause 11.1 above will have no effect on  EMA ’s past processing of information up until  EMA ’s receipt of your request;

11.4.3  even though you may opt out of receiving marketing communications, you cannot opt out of, and will continue receiving, transactional communications from  EMA  regarding your contracted  EMA  offerings.

11.5  For natural persons who reside in the European Union, you can request that  EMA  restricts its processing of your personal information (i) if you contest the accuracy of the personal information and then for a period enabling  EMA  to verify the accuracy of your personal information; (ii) if there is no legal basis for  EMA  to process your personal information and you oppose  EMA ’s erasure of such personal information; (iii) if  EMA  no longer needs your personal information for the purposes of processing same but you claim that you require  EMA  to retain such information in order to claim or exercise legal rights or to defend against third party claims; or (iv) if you object to the processing of your personal information, for as long as it is required to review as to whether  EMA  has a prevailing interest or legal obligation in processing your personal information. If you request a copy of your personal information, to the extent that  EMA  can comply with such request, it will provide you with that information in a machine-readable form.

12. LINKS TO OTHER SITES

 EMA  websites may contain links to websites of other parties.  EMA  is not responsible for the privacy practices or the content of such other websites. Therefore, you must carefully read the privacy statements of such websites.

13. NOTE ABOUT CHILDREN

13.1   EMA ’s services are focussed on serving the needs of businesses and are not directed to minors (being children below the age of 18 years). Therefore minors are not eligible to use  EMA  websites or transact with  EMA  and  EMA  requests that they do not submit any personal information to  EMA .

13.2  If you believe that  EMA  has mistakenly or unintentionally collected personal information of a minor, please notify  EMA  via the contact details contained in clause 17 below so that  EMA  may immediately delete the information from  EMA ’s or its service providers’ servers and make any other corrections.

14. SENSITIVE INFORMATION

Save for information relating to your dietary preferences that you may furnish to  EMA  if you attend any functions hosted by  EMA , as your sensitive personal information is not required for your transactions or communications with  EMA , you undertake not to send or share with  EMA  or publish on  EMA  online communities any sensitive personal information (such as information related to racial or ethnic origin, political opinions, religious or other beliefs, health, genetic data, biometric data, criminal background or trade union membership).  EMA  reserves the right to remove and destroy such information.

15. DISPUTES

15.1  If you have any complaints regarding  EMA ’s compliance with this Privacy Policy, you should first contact  EMA  at the details recorded in clause 17 below.  EMA  will investigate and attempt to resolve complaints and disputes regarding use and disclosure of personal information in accordance with this Privacy Policy. If your complaint is not satisfactorily resolved, you may lodge a complaint with the necessary regulatory authority.

15.2  This Privacy Policy shall be deemed to be made under the laws of the Republic of South Africa and the construction, validity, interpretation and performance of this Privacy Policy as well as any dispute related to or arising from this Privacy Policy shall be governed in all respects by the laws of the Republic of South Africa without regard to the principles of conflict of laws and specifically excluding the provisions of the United Nations Convention on the International Sale of Goods. You and  EMA  hereby submit to the exclusive jurisdiction of the courts of the Republic of South Africa.

Notwithstanding the foregoing, nothing in this Privacy Policy precludes  EMA  from taking proceedings against you in any court of competent jurisdiction nor will the taking of proceedings in any one or more jurisdiction preclude the taking of proceedings in other jurisdictions, whether concurrently or not.

16. GENERAL CLAUSES

16.1  This Privacy Policy records the entire understanding and agreement between  EMA  and you with respect to the subject matter hereof. No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded in this Privacy Policy.

16.2  In the event that any provision of this Privacy Policy is or may become illegal, invalid, unlawful or unenforceable in any jurisdiction affected by this Privacy Policy, such provision as to such jurisdiction, shall be ineffective to the extent of such prohibition or unenforceability and shall be treated as not written in this Privacy Policy and severed from the balance of this Privacy Policy, without invalidating the remaining provisions of this Privacy Policy or affecting the validity or enforceability of such provision in any other jurisdiction.

16.3   EMA ’s failure to enforce any provision of this Privacy Policy will not constitute a waiver of such provision or affect in any way  EMA ’s right to require the performance of such provision at any time in the future.

16.4  You shall not be entitled to cede or assign your rights or delegate your obligations in terms of this Privacy Policy to any third party without  EMA ’s prior written consent.

16.5  The termination of your relationship with  EMA , for any reason, or the cessation of your use of  EMA  offerings shall not affect the provisions of this Privacy Policy as expressly provide that they will operate after any such termination or cessation or which of necessity must continue to have effect after such termination or cessation notwithstanding that the provisions themselves do not expressly provide for this.

16.6  The head notes to the paragraphs to this Privacy Policy are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.

16.7  Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include the female and neuter genders and words importing persons shall include partnerships and corporate and unincorporated entities.

16.8  No provision in this Privacy Policy shall be construed against or interpreted to the disadvantage of  EMA  by reason of  EMA  having or being deemed to have structured, drafted or introduced such provision.

17.  EMA ’S CONTACT DETAILS

If you believe that your personal information has been used in a way that is not consistent with this Privacy Policy or your choices, or if you wish to submit a request to  EMA  regarding your personal information or if you have any questions or comments related to this Privacy Policy, please address same in writing to the Information Officer at:

17.1  Email address: [email protected]

17.2  Physical address: Costech Building, 3rd Floor, Ali Hassan Mwinyi Road, Dar es salaam, Tanzania, East Africa .