Lumenii Privacy Statements

Created because we at Lumenii care about your privacy. For questions or complaints about how Lumenii acts with your personal information, you can contact the information officer

Lumenii website privacy policy

Summary: This is the privacy statement of Lumenii (Pty) Ltd (“Lumenii”), and has been put together to explain how we may collect, use share, retain and generally process your personal information obtained during your interactions with Lumenii (whether online, in writing or verbally) or which is collected or received in any other manner. Any visit to or use of this website www.lumenii.co.za (“Lumenii website”) or supply of personal information to Lumenii (whether online, in writing or verbally) is deemed to include an acceptance of this policy. Please ensure that you have read, fully understand and agree with the provisions contained in this privacy statement before browsing or using this website.

What data do we process and for what purpose?

Cookies: Lumenii websites use cookies. A cookie is a small text file that is stored in the browser of your computer, tablet or smartphone during the first visit to our websites. We use 4 types of cookies:
Firstly, the functional cookies with a purely technical functionality. These ensure that the website operates properly. There are also analytical cookies, which collect anonymised data on the use of our website and help us optimise the site. Preference-cookies help remember your preferential settings (such as preferential language). Finally, we place marketing-cookies, which track your surfing behaviour.

Cookies from embedded content originating from social media sites such as YouTube, Facebook, LinkedIn, Twitter and Google+ are included in this last category. If you click a social media button, the relevant social media service can place one or several cookies for recognition purposes. The use of such social media sites is governed by the relevant conditions of the particular social media provider. The privacy statement of Lumenii expressly does not apply to the use of such social media services. See also under the heading “Links to websites of third parties” on the third page of this document.

You can decline cookies placed by all websites by setting your internet browser in such a way that it no longer stores cookies (Chrome, Internet Explorer, Firefox and Safari). You can also remove all the information stored previously via your internet browser settings. If you turn off these cookies in your browser, you can no longer use all functionalities of the Lumenii websites and the embedded content can no longer be shown. This may result in your experience of the site being disappointing.

We use cookies to enhance your browsing experience. By continuing to use our website without changing your browser’s setting, you agree to our use of cookies.

Personal information that you provide when downloading / requesting information:

If you submit a contact request via our website, request a trial assessment, or download a document, you will be asked to submit certain personal information, including your name, contact information, including your email address, company name, position in the company, company size, reason for interest.

We use this information to send you the requested information. In order to potentially inform you, by telephone or email, about Lumenii products and services that may be of interest to you, we ask you for a number of additional details (such as your organisation and role).

Personal information that you provide when signing up for our newsletter:

If you have given us permission to send you our newsletter, we will use your name and email address accordingly. Each newsletter you receive offers you the option to unsubscribe from the Lumenii newsletter. If you make use of the option to no longer receive the newsletter, Lumenii will register that you have unsubscribed from the newsletter. 

Personal Information that you provide when you are a customer (potential and actual)”

If you wish to do business with Lumenii or use and/or purchase Lumenii products or services or submit a request for a quotation or when you conclude a contract with Lumenii, you will be asked to submit certain personal information, including your name, contact information, your email address, company name and registration number, position in the company, company size, reason for interest, for the purposes of:

• providing you with a quotation or other requested information;

• responding to your enquiries and/or complaints;

• performing our obligations under the contract with you;

• invoicing and other administrative purposes;

• conducting business and commercial activities in the ordinary course;

• communicating with you in the course of Lumenii’s ordinary business activities.

Personal Information that you provide when you are a Contractor, Supplier or Service Provider:

If you are desirous of, or do provide us with goods and/or services, you will be asked to submit certain personal information including names, contact details, financial, banking details and tax information so that we can place orders/instruct you and make payment in respect of any goods or services we receive.

You can choose not to provide personal information to Lumenii when requested. However, if this is necessary to provide you with our services, access to our internet services, or to perform administrative functions, we may be unable to do these things.

Personal information that we obtain from other sources:

We may collect or obtain personal information about you directly from you when you request / download information from our website or we can use your LinkedIn profile to determine whether it is useful to inform you, by telephone or email, about relevant Lumenii products and services. 

Legal basis for the processing of your Personal Information

We rely on one or more of the following reasons for processing your personal information:

• you consenting to our processing your personal information for a specific purpose;
• where processing is necessary for the performance or conclusion of a contract to which you are a party;
• where processing is necessary to achieve Lumenii’s legitimate interests, for example the management, operations and improvement of our services (to the extent that they don’t unjustifiably and unlawfully limit your interests or rights which require protection);  
• where processing is necessary to comply with an obligation imposed by law;
• where processing is necessary to protect your legitimate interests; and
• where processing is necessary to pursue the legitimate interests of a third party to whom the personal information is lawfully supplied.  

Retention period

We will not keep your data for longer than is necessary for the purposes for which the data has been collected. If you have unsubscribed from our newsletter, we immediately remove your personal information collected for the sending of the newsletter.

Anonymised data If the data is anonymised, the data may possibly be kept for longer by Lumenii. Anonymised means that the data is stripped from elements that make it possible to know that the data relate to you.

Sharing with third parties 

Lumenii will only share personal information with third parties with your consent or if otherwise required to do so by law. Lumenii may disclose the data subject’s personal information to its:

• employees, affiliates and the companies within our group for business and operational purposes;

• service providers who perform services on its behalf and assist Lumenii in offering, providing, delivering, analyzing, administering, improving and personalising Lumenii services or products , including but not limited to following cases:

  • Google: The data we collect in Google Analytics is anonymised and encrypted. The so-called ‘sharing data’ with Google is turned off. We do not use Analytics-cookies in combination with other Google services. Lumenii has an operator’s agreement with Google. More information on the use by Google Analytics by Google itself can be found in the Privacy Policy of Google Analytics;

  • Hubspot: The information you provide when you register for our newsletter or download something from the websites is processed Hubspot. We have an operator’s agreement with Hubspot recording that they (a) shall never pass your data on to third parties and (b) have no access to your data unless this is necessary to remedy technical problems;

• Lumenii’s associates who may, directly or indirectly, render certain services to Lumenii or to you or undertake activities linked to the operation of Lumenii services on it’s behalf.

 Lumenii may also disclose the data subject’s personal information if it has a legal duty or right to disclose in terms of laws, regulations and/or industry codes; or where it believes it is necessary to protect it’s rights.

Lumenii may share your Personal Information with third parties in the event of a reorganisation, merger, sale, joint venture, assignment, transfer or other type of sale of all or any portion of our business, assets or stock.

Access by others and cross-border transfer

Lumenii may from time to time have to disclose your Personal Information to other parties, including Lumenii subsidiaries, licensors, trading partners, agents, auditors, organs of state, regulatory bodies and / or national governmental, provincial, or local government municipal officials, or overseas trading parties or agents, but such disclosure will always be subject to an agreement which will be concluded as between ourselves and the party to whom we are disclosing your Personal Information to, which contractually obliges the recipient of your Personal Information to comply with strict confidentiality and data security conditions.

Where Personal Information and related data is transferred to a country which is situated outside South Africa, your Personal Information will only be transferred to those countries which have similar data privacy laws in place or where the recipient of the Personal Information concludes an agreement which contractually obliges the recipient to comply with strict confidentiality and data security conditions and which in particular will be to a no lesser set of standards than those imposed by Protection of Personal Information Act 4 of 2013.

Links to third party websites
The website has links to websites of third parties. By clicking these links you are passed on to the website of the relevant third party (“Third-Party Websites”). The use of Third-Party Websites is covered by the privacy statement of that particular third party. Lumenii is not liable for information provided, processed or collected by third parties during the visit to these Third-Party Websites.

Security

The third-party organisation managing the Talentindex online platform is ISO 27001 certified. ISO 27001 is a standard that is totally focused on the security of business information and confidential data made available.

An ISO 27001 certificate proves that the security of business information is properly described, implemented and monitored. ISO 27001 is an internationally recognised certificate for information security. Through this certification, you are assured that all business processes, systems and services fulfil this comprehensive standard for information security and that your information and personal information are properly protected and managed confidentially. 

Despite the above security measures, the transmission of data over the internet cannot be guaranteed to be 100% secure and protected. Accordingly, we cannot ensure or warrant the security of any information you send to us or receive from via electronic transmission. This is particularly true for information you send to us via email, which we cannot guarantee is protected in transit. Once we receive your information, we apply the methods mentioned above to ensure its protection while in our possession. If you are concerned about submitting your personal information to us electronically, please contact us to enquire about making other arrangements.  

Your privacy rights

You have the right to control the manner in which your personal information is processed by Lumenii, including the following rights to request Lumenii’s information officer:

1. to inform you about the personal information that Lumenii processes from you;

2. to give you access to the personal information that Lumenii processes from you;

3. to update and correct the personal information that Lumenii processes from you if it is not correct;

4. in certain cases, and to the extent not prohibited by applicable laws, you may request us to delete all or part of your personal information;

5. to limit the processing of your personal information (note that this may impact the accessibility of our services) because:

6. the personal information are inaccurate;

7. the processing is unlawful;

8. the personal information are no longer necessary for the purpose for which they were collected;

9. you object to the processing.

10. to stop processing because you object to the processing.

11. withdraw your consent for processing your personal information.

12. you have the right to opt-out from any communications from us (whether marketing or otherwise).

Lumenii may refuse your request if Lumenii has the right to continue processing in accordance with applicable laws.

Handling request:

If Lumenii receives such a request from you, Lumenii will ask you to identify yourself before we answer and handle the request. This is to prevent your data being made available of being changed by someone else, pretending to be you.

Lumenii will reply to your request within 4 weeks of receiving it. This term can be extended if your request is complex. Normally we will carry out your request, of course, but this may sometimes not be possible. If we cannot execute your request, Lumenii will explain to you why that is. This also applies when we consider an extension of the response period necessary.

If you do not agree with our reply, you can submit a complaint to the Information Regulator whose contact details are: 

JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001
P.O Box 31533
Braamfontein, Johannesburg, 2017
Complaints email: complaints.IR@justice.gov.za
General enquiries email: inforeg@justice.gov.za

Changes to this Privacy statement

This Privacy statement can be changes from time to time, for example to keep it in line with the applicable laws and regulations. If this Privacy statement is changed, this will be made known.

This Privacy statement was last modified on 14 September 2021.

Promotion of Access to Information Act, 2000 (PAIA) Manual

For

Lumenii Proprietary Limited

(registration number 2013/089681/07)

t/a Lumenii 

CONTENTS

1. Introduction and Contact Details

2. Section 10 Guide on how to use PAIA

3. Records Available in terms of other Legislation

4. Schedule of Records

5. Form of Request

6. Other information – Prescribed Fees

Appendix A: Privacy Notice

Appendix B: Form C Request for Access to Record of a Private Body

1. INTRODUCTION AND CONTACT DETAILS

Lumenii, a South African private profit company as envisaged in section 8(2)(b) of the South African Companies Act, No 71 of 2008. Lumenii offers an integrated online employee evaluation and assessment talent management platform.

2. SECTION 10 GUIDE ON PAIA 

PAIA grants a requester access to records of a private body, if the record is required for the exercise or protection of any rights.

A Guide has been compiled in terms of Section 10 of the PAIA by the South African Human Rights Commission (SAHRC). It contains information required by a person wishing to exercise any right, contemplated by PAIA. 

The Guide is available from the SAHRC. The contact details of the SAHRC are:

Postal Address: Private Bag 2700, Houghton, 2041

Telephone Number: +27-11-877 3600

Fax Number: +27-11-403 0625

Website: www.sahrc.org.za

E-mail: paia@sahrc.org.za

3. APPLICABLE LEGISLATION

Certain records held by Lumenii are available in terms of legislation other than PAIA. The specific records which are available in terms of such legislation are set out therein and these records may in certain instances only be accessed by the persons specified in the relevant legislation. Such legislation includes but is not limited to:

• Companies Act 71 of 2008

• Competition Act 89 of 1998

• Income Tax Act 58 of 1962

• Tax Administration Act 28 of 2011

• Value Added Tax Act 89 of 1991

• Unemployment Insurance Act 63 of 2001

• Basic Conditions of Employment Act 75 of 1997

• Employment Equity Act 55 of 1998

• Labour Relations Act 66 of 1995

• Compensation for Occupational Injuries and Diseases Act 130 of 1993

• Occupational Health and Safety Act 85 of 1993

• Financial Intelligence Centre Act 38 of 2001

• Insolvency Act 24 of 1936

• Protection of Personal Information Act 4 of 2013

• Electronic Communications and Transactions Act 25 of 2002

• Consumer Protection Act 68 of 2008

4. SCHEDULE OF RECORDS

General information about Lumenii can be accessed via the internet on our website at https://www.lumenii.co.za/ and our social media pages.

The subjects on which Lumenii holds records and the categories on each subject in terms of Section 51(1)(e) of PAIA are as listed below. Please note that a requester is not automatically allowed access to these records and that access to them may be refused in accordance with Sections 62 to 69 of PAIA and the Protection of Personal Information Act, 4 of 2013:

• Internal Records:

  • Memorandum of Incorporation

  • Shareholder records

  • Shareholder register

  • Financial records

  • Operational records

  • Intellectual property

  • Marketing records

  • Product records

  • Statutory records

  • Internal policies and procedures

• Financial:

  • Tax records (Lumenii and Staff)

  • Annual financial statements

  • Bank statements

  • Purchase Orders/Invoices

  • Asset Register

  • Insurance information

• Human Resources:

  • Employee records

  • Contracts

  • Internal evaluation records

  • Internal records and correspondence

  • Guidelines, policies and procedure

• Customer:

  • Customer information

  • Any records a customer has provided to Lumenii or a third party acting on behalf of Lumenii

  • Customer needs assessment 

  • Personal records of customers

  • Information relating to customer’s industry

  • Research conducted in respect of customers

  • Information relating to previous assessment usage in the customer’s industry and/or by the customer

  • Research conducted on behalf of customers on their employees

  • Any records a third party has provided to Lumenii about customers

  • Contracts

  • Records generated by Lumenii pertaining to customers, including transactional records 

• Operational:

  • Statistical information

  • Operational reviews

  • Service providers/contractors/suppliers/vendors details

  • Records relating to service providers/contractors/suppliers/vendors, including financial records, correspondence, contractual records

  • Guidelines, policies and procedure

  • Internal and external correspondence

  • Records provided by a third party

  • Databases

  • Information technology

• Other:

  • Information relating to Lumenii own commercial activities

  • Research information

 For further information, please see our privacy notices attached as Appendix A to this Manual.

5. FORM OF REQUEST

A requester must comply with all the procedural requirements contained in PAIA relating to the request for access to a record.

A request for access to records held by Lumenii in terms of section 50 of PAIA must be made on the form contained in the Regulations Regarding the Promotion of Access to Information (Form C). A copy of the form is attached as Appendix B. The request must be made to Lumenii at the address or email address, specified in Section 1 above.

A requester must provide sufficient detail on the prescribed form to allow Lumenii to identify the record or records which have been requested and the identity of the requester. If a request is made on behalf of another person or entity, the requester must submit details and proof of the capacity in which the requester is making the request, which must be reasonably satisfactory to Lumenii. The requester is also required to indicate the form of access to the relevant records that is required, and to provide his, her or its contact details in the Republic of South Africa.

The requester must identify the right that he, she or it is seeking to exercise by accessing records held by Lumenii and must explain why the particular record or records requested is or are required for the exercise or protection of that right.

6. PRESCRIBED FEES

Depending on your request, we may be entitled to charge you certain fees. The fees which may be payable are on the SAHRC website www.sahrc.org.za. Before attending to your request, we will advise you of the total fees you will need to pay. 

___________________

Information Officer of Lumenii

Date: 29/03/2022

Version 1

Visit this page regularly to view the latest Lumenii privacy statement. 

APPENDIX B TO PAIA MANUAL

FORM C

REQUEST FOR ACCESS TO RECORD OF PRIVATE BODY
(Section 53(1) of the Promotion of Access to Information Act, 2000
(Act No. 2 of 2000) 

[Regulation 10]