Privacy Policy

INDUSTRIAL WATER COOLING Proprietary Limited (“IWC”)

IWC believes in protecting the personal information it collects from individuals that access or use (“users”) the website situated at www.IWC.co.za (“the website”).

By accessing the website, users agree to be bound by the Privacy Policy effective at the time of such access and this Privacy Policy forms part of the IWC website standard terms and conditions and is subject to the IWC’s standard terms and conditions.

IWC reserves the right in its sole discretion to amend this Privacy Policy from time to time. In this event, IWC will post the revised policy on the website. Each time a user accesses the website, the user agrees to be bound by the policy posted on the website at that time.

IWC will take all reasonable steps to use or disclose users’ personal information only in the manner allowed by this Policy.

  1. Personal information
    Personal information refers to all private information about an identifiable individual, including, but not limited to, a user’s name, contact details, identity number, income levels, age, personal views and preferences.
  2. Active collection of personal information
    The website actively collects personal information from users by asking users specific questions and by permitting users to communicate directly with IWC, for example via e-mail, feedback forms, forums and/or chat rooms. Some areas of this site may also require the user to submit information in order for the user to register for certain services or benefit from specified features (for example newsletter subscriptions, tips/pointers, employment opportunities) or to participate in a particular activity (such as competitions or other promotions) (collectively referred to as the “value added services”). In these situations, IWC will ask the user for particular information, and inform the user at each information point what information is required and what information is optional.
  3. Passive collection of personal information
    IWC passively collects (i.e. without the user actively providing the information) personal information about a user as the user accesses and navigates through the website using various technologies and means, such as navigational data collection and cookies. A cookie is an alphanumeric identifier which IWC computer system transfers to a user’s hard drive through the user’s web browser when the user visits the website. It enables IWC’s system to recognise the user when the user visits the website again and to improve our service to the user. This enables IWC to diagnose problems with its server, report and aggregate information, determine the fastest route for a user’s computer to use in connecting with the website, and better administer and improve the site. Please note that users may disable the use of cookies by configuring the user’s browser accordingly.
  4. Consent to collection, use and storage of user’s personal information
    The user agrees that IWC may collect, use and store the user’s personal information
    1. to establish and verify a user’s identity;
    2. to maintain and update IWC’s customer, or potential customer, databases;
    3. to greet the user when he/she accesses the website;
    4. to provide the user with value added services;
    5. to communicate with the user;
    6. to customise the website to users’ preferences;
    7. to inform the user of facts relating to his/her access to and use of the website;
    8. to inform the user about IWC services, including information of particular relevance to that user;
    9. to inform the user about competitions, promotions and special offers from IWC;
    10. for marketing, product research and development purposes of IWC;
    11. to compile, use, disclose and trade with, non-personal statistical information about browsing habits, click-patterns, user preferences and access to the website.
  5. Third Party Processors

    Our carefully selected partners and service providers may process personal information about you on our behalf as described below:

    Digital Marketing Service Providers

    We periodically appoint digital marketing agents to conduct marketing activity on our behalf, such activity may result in the compliant processing of personal information. Our appointed data processors include:

    Prospect Global Ltd (trading as Sopro) Reg. UK Co. 09648733. You can contact Sopro and view their privacy policy here: http://sopro.io. Sopro are registered with the ICO Reg: ZA346877 their Data Protection Officer can be emailed at: dpo@sopro.io.

  6. Disclosure of user’s personal information
    IWC will not disclose, for commercial gain or otherwise, users’ personal information other than as set out in this policy. The user agrees that IWC may disclose the user’s personal information
    1. other payments, delivery services, and other support services. These companies require access to users’ personal information to perform their functions and not for any other purposes and IWC will take all reasonable steps to enter into confidentiality and non-disclosure agreements with the relevant service providers;
    2. to any third party who acquires all, or substantially all, of the assets or shares in IWC, any of IWC affiliates, and/or the website, whether by sale, merger, acquisition or otherwise; and
    3. to governmental agencies, exchanges and other regulatory or self-regulatory bodies if IWC is required to do so by law or if IWC believes that such action is necessary to –
      1. comply with the law or with any legal process;
      2. protect and defend the rights, property or safety of IWC, its affiliates or their customers;
      3. prevent or deal with fraud or the abuse, misuse or unauthorised use of the website; and/or
      4. protect the rights, property or safety of members of the public (if a user provides false or deceptive information about him/herself or misrepresents him/herself as being someone else, IWC will proactively disclose such information to the appropriate regulatory bodies and commercial entities).

    The user agrees that IWC may use the user’s personal information to compile profiles for statistical purposes and may freely trade with such profiles and statistical data, provided that the profiles or statistical data cannot be linked to the user by a third party.

  7. Accuracy of personal information

    In order to ensure that a user’s personal information is accurate, current, and complete, the user may contact IWC at the contact details below:
    +27 466 0699 OR christine@iwc.co.za

    IWC will take reasonable steps to correct or update such information. IWC reserves the right to charge the user a fee to cover IWC’s expenses in this regard.

  8. Unsolicited communications
    Should a user not wish to receive electronic communications from IWC, the user may unsubscribe from such communications by clicking on the “unsubscribe” link in the communication section or contact +27 466 0699.
  9. Security
    IWC takes reasonable steps to put in place and maintain electronic procedures and systems with reference to accepted technological standards –
    1. to ensure the accuracy of;
    2. to prevent unauthorised access to or disclosure of; and
    3. to protect from misuse, loss, alteration or destruction users’ personal information.

    However, the user acknowledges that that Internet communications and transactions are not 100% secure or error free. In particular, information may not be secure in transit from the user to the website.

    Moreover, where the user provides particularly sensitive personal information such as passwords, ID numbers, or other special access features on this site, it is the user’s responsibility to safeguard them.

  10. Linking to third party websites
    IWC is not responsible for the privacy practices of third party websites to which there may be links on the website. IWC advises users to read the privacy policy of each website which users visit.
  11. Queries and complaints
    If a user has any queries or complaints concerning this Privacy Policy and its application, the user may contact the compliance officer at +27 466 0699 OR christine@iwc.co.za
  12. Governing Law and Jurisdiction
    These terms and conditions and the relationship between you and IWC will be governed by the laws of the Republic of South Africa without regard to its conflict of law provisions. You consent to the jurisdiction of the relevant Magistrate’s Court of South Africa having jurisdiction in respect of any proceedings instituted by either party in terms of these terms and conditions. In the event that legal proceedings are instituted by either party against the other, the unsuccessful party will pay the costs of the successful party on an attorney and own client scale.

Under the GDPR, it is stipulated that:

“Where a data controller has an online presence, the WP29 recommends that the controller provides a privacy notice which is layered. The data subject should have a clear overview of the information available to them and on finding detailed information within the layers of the notice. The Guidelines provide that the first layer should always contain information on the processing which has the most impact on the data subject and processing which could surprise the data subject.”

There are various interpretations of that statement, while we understand some clients are taking the GDPR regulations more seriously than others, in accordance with our advice, Sopro has updated our best practice compliance guidelines to require all clients to include a statement in keeping with (or to the effect of) the statement set out below. This is to ensure data subjects are notified of Sopro as an appointed data processor within the terms of their online privacy policy.

The clause for insertion is as follows;

Third-Party Processors

Our carefully selected partners and service providers may process personal information about you on our behalf as described below:

“Digital Marketing Service Providers
We periodically appoint digital marketing agents to conduct marketing activity on our behalf, such activity may result in the compliant processing of personal information. Our appointed data processors include: (i)Prospect Global Ltd (trading as Sopro) Reg. UK Co. 09648733. You can contact Sopro and view their privacy policy here: http://sopro.io. Sopro are registered with the ICO Reg: ZA346877 their Data Protection Officer can be emailed at: dpo@sopro.io.”