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.
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:
220.127.116.11 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;
18.104.22.168 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;
22.214.171.124 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
126.96.36.199 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;
5.1.16 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
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:
7.1.2 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.
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.
16. GENERAL CLAUSES
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.
17. EMA ’S CONTACT DETAILS
17.1 Email address: [email protected]
17.2 Physical address: Costech Building, 3rd Floor, Ali Hassan Mwinyi Road, Dar es salaam, Tanzania, East Africa .