Thank you for visiting the CRR website.

This Privacy Policy forms part of the standard Terms and Conditions. Please read this Privacy Policy carefully before browsing our website and before purchasing any of our Services.

USE

Your use of CRR’s website and/or purchase of any of our Services indicates that you have both read and agreed to the terms of this Privacy Policy. You cannot browse our website or purchase any of our Services if you do not accept this Privacy Policy.

By accepting our Privacy Policy when browsing or using the website and/or when transacting with CRR for the rendering of the Services or for making enquiries thereto, you also consent to our Privacy Policy and for the use of your Personal Information for the rendering of the Services and as set out in this Privacy Policy.

By submitting your Personal Information, you consent to our Privacy Policy and for the use of your Personal Information for the rendering of the Services or for making enquiries thereto as set out in this Privacy Policy.

All sections of this Privacy Policy are applicable to Users and Clients as defined in the Terms & Conditions, unless the section expressly states or the context indicates otherwise.

PRIVACY

Personal Information and Purpose

For the purposes of this section, Personal Information will be understood in accordance with the definition provided in the Protection of Personal Information Act 4 of 2013 (“the POPI Act”). Enquiry Information, Services Information, Special Personal Information and Findings as defined later in this Privacy Policy, constitute sub-sets of such Personal Information.

CRR also subscribes to the principles for electronically collecting Personal Information outlined in the POPI Act, and the further legislation referred to therein. We endeavour to ensure the quality, accuracy and confidentiality of personal information in our possession.

The primary purpose of CRR’s website is to allow Users to procure the services offered: Criminal record checks and criminal record expungement services, using a check-out process of a service contained on our website and app (“the Services”) and the Findings thereof.

CRR is an authorised reseller and provider of the Services, which CRR has access to as an authorised reseller of Afiswitch (Pty) Ltd (“Afiswitch”) on a commercial basis through the South African Police Service (“SAPS”) infrastructure as well as the Department of Home Affairs (“HANIS”) system put in place for this purpose, subject to its reseller obligations and SAPS’ and HANIS’ requirements from time to time.

The Findings means the Client’s Personal Information that is obtained by CRR and Afiswitch during the course of performing the Services, which includes, without limitation, a detailed summary of the Client’s criminal record (including, without limitation, information regarding the Client’s criminal history, previous convictions, cases awaiting trial and/or any other relevant information such as is ordinarily furnished by the Criminal Record Centre of the SAPS).

In adopting this Privacy Policy, CRR wishes to balance our legitimate business rights and interests and the Client’s reasonable rights and expectation of privacy. Accordingly, we will adopt a minimal approach to obtaining, processing, storing and generally dealing with Personal Information; and we shall take all reasonable steps to prevent unauthorised access to or disclosure of your Personal Information. However, it is impossible to guarantee that your Personal Information shall be 100% secure.

Clients who wish to make an enquiry concerning the use of the Services will be prompted to complete an online process using our website wherein certain Personal Information will be furnished. In so doing, Clients will be asked to provide the following information:

First names;
Surname;
Age;
Cellphone number;
Email address;
Previous convictions;
Location;
Reason for wanting to use the Service;
Preferred communication method;
Best time of the day to make contact;
Any other relevant information which may be required in order to be able to render the Services.

(“the Enquiry Information”)

The purpose for the Enquiry Information is in order to be able to communicate with the Users and to be able to answer their questions, including with a view to them possibly becoming a Client. The Enquiry Information is furnished on a voluntary basis.

By failing to provide the necessary Enquiry Information, will result in CRR being unable reply to your enquiry about the Services offered or any other requests made.

Clients who wish to contract with CRR for the provision of the Services, will be prompted to complete an online process using our website wherein certain Personal Information will be furnished. In so doing, Users will be asked to provide the following information:

First names;
Surname;
Date of birth;
Identity number or passport number;
Race;
Gender;
Previous convictions;
Physical address or location;
Phone number;
Email address;
Fingerprints;
Signed Power of Attorney;
Signed Indemnity;
Any other relevant information which may be required in order to be able to render the Services.

(“the Services Information”)

The purpose for the Services Information, Special Personal Information and any other Personal Information that Users provide through the website is in order to be able to render the Services to the Users and to be able to furnish the Findings. The Services Information, Special Personal Information and any other Personal Information is furnished on a voluntary basis.

By failing to provide the necessary Services Information, Special Personal Information and any other Personal Information will result in CRR being unable to provide the Services to you.

CRR will not sell, share or rent your Personal Information to any third party or use your email address or phone number for unsolicited mail, texts or instant messages. Any emails, texts or instant messages sent by CRR will only be in connection with the provision of our Services and/or the marketing thereof.

Consent and Authorisation

By accepting our Terms & Conditions when transacting with CRR on our website for the rendering of the Services, you as a User are confirming your express consent in terms of Section 27(1)(a) of the POPI Act to the processing of your special personal information as defined in Section 26 (a) and (b) of the POPI Act in respect of biometric information (such as fingerprints and photographs) and criminal activity, which is the subject matter of the Services being rendered to you as a User (“Special Personal Information”).

By submitting your Special Personal Information in the form of your fingerprints and any other information, you as a User are confirming your express consent in terms of Section 27(1)(a) of the POPI Act to the processing of your Special Personal Information as defined in Section 26 (a) and (b) of the POPI Act in respect of biometric information and criminal activity, which is the subject matter of the Services being rendered to you as a User and CRR’s access thereto.

CRR will not collect, use or disclose Special Personal Information as contemplated in Sections 26 of the POPI Act (such as biometric information and criminal behaviour) except with a User’s specific consent or in the circumstances permitted by law.

The Client authorises CRR and Afiswitch to access, use, retain, store and transfer their Personal Information for purposes of conducting the Services. In this regard the Client acknowledges and agrees that their Personal Information may be shared by CRR with Afiswitch and vice versa for purposes of performing the Services.

The Client authorises CRR and Afiswitch to access, use, retain, store and transfer the Personal Information and the Findings for any other legitimate purpose, including for purposes of verifying their identity which will include comparing and verifying the Special Personal Information and the Findings against any national data registers in the Republic of South Africa.

The Client agrees that the Findings (including, without limitation, any adverse findings, which will include my criminal record and any cases against them that are pending/awaiting trial) may be shared by CRR with Afiswitch and vice versa.

The Client agrees that the Personal Information and the Findings may be transferred cross-border to other countries, which do not necessarily have data protection laws similar to the Republic of South Africa, for verification or storage purposes. In any cross-border transfer of the Personal Information and Findings, the recipient will be notified of the requirement to keep this Personal Information confidential.

The Client warrants that the Personal Information provided to CRR and Afiswitch is accurate and current and that they have not knowingly withheld any facts or circumstances.

The Client agrees that they will correct and update the Personal Information when necessary.

The Client understands that CRR and Afiswitch will use reasonable efforts to maintain the confidentiality of the Personal Information and the Findings and that the Personal Information will be stored in a secure manner and accessed and transferred for the purposes they have authorised.

By the Client agreeing to this Privacy Policy, they warrant that they are an adult of sound mind and declare that they have read through this Privacy Policy and know and understand its terms and the consequences thereof; and fully agree to bind themself to these provisions.

By agreeing to the terms contained in this Privacy Policy, the User consents to the use of their Personal Information in relation to:

The provision and performance of the Services;
The provision of the Findings;
Informing you of changes made to our website;
The provision of marketing related services to you by CRR;
Responding to any queries or requests you may have;
Developing a more direct and substantial relationship with Users for the purposes described in this clause;
Developing an online user profile;
Understanding general user trends and patterns so that we can develop and support existing and ongoing marketing strategies;
For security, administrative and legal purposes; and
The creation and development of market data profiles which may provide insight into market norms, practices and trends to help us improve our offering to you. Such information will be compiled and retained in aggregated form, but shall not be used in any way which may comprise the identity of a User.

CRR will attempt to limit the types of Personal Information we process to only that to which the User consents to (for example, in the context of online registration, rendering of the Services, newsletters, message boards, surveys, polls, professional announcements, SMS, MMS and other mobile services), but, to the extent necessary, the User’s agreement to this Privacy Policy constitutes their consent as contemplated in Section 69 of the POPI Act.

The User has the right to object to the processing of their Personal Information in terms of Section 11 (3) of the POPI Act, in which case CRR shall no longer process the User’s Personal Information.

Security

Although absolute security cannot be guaranteed on the internet, CRR has in place up-to-date, reasonable technical and organisational security measures to protect the User’s Personal Information against accidental or intentional manipulation, loss, misuse, destruction or against unauthorised disclosure or access to the Personal Information we process online.

While CRR cannot ensure or warrant the security of any Personal Information a User provides to us, we will continue to maintain and improve these security measures over time in line with legal and technological developments.

Storage and Deletion

A User’s Personal Information will not be stored for longer than is reasonably necessary for the purposes described in this Policy or in the Terms & Conditions or as required by applicable legislation.

Personal Information shall be deleted upon a written request received from a User. The only Personal Information that will remain thereafter will be that required to retain records for the required legal period.

A Client may request that their Personal Information is deleted from the Afiswitch database once it has been processed, and CRR shall see to it that this is done within a reasonable time.

All payment information may be captured through the website or via email. CRR shall not retain payment information on behalf of its Users.

Monitoring

The Personal Information CRR collects from Users shall only be accessed by CRR employees, representatives, agents, contractors, service providers and consultants on a need-to-know basis, and subject to reasonable confidentiality obligations binding such persons.

CRR shall have the right, but shall not be obliged, to monitor or examine any information and materials including any website link that a User publishes or submits to CRR for publishing on the website. The User shall be solely responsible for the contents of all material published by them.

CRR regularly reviews its systems and data to ensure the best possible service to our Users.

Marketing

CRR or one of our employees, representatives, agents, contractors, service providers or consultants may contact a User by email, SMS, instant message or telephone to ask you for your feedback and comments on our Services. We may also wish to provide you with information about special features of our website or any other services or products, which we think may be of interest to you. If you would rather not receive this information, an opt out option will be given to you.

CRR uses various online marketing and advertising platforms and service providers from time to time (such as but not limited to Google, Facebook and/or LinkedIn) to market and advertise our website and Services across the web. We place a cookie on a browser, and then a third party (such as, but not limited to Google, Facebook or LinkedIn) reads these cookies and may serve an ad on a third party site. A User may opt out of this ad serving on the relevant third party’s opt out page.

CRR uses a variety of third party service providers, such as but not limited to Google, Facebook and/or LinkedIn Analytics, to better understand our website and app usage and Services. We may allow such third party service providers to place and read their own cookies, web beacons and similar technologies to collect information through the CRR website. This information is collected directly and automatically by these third parties and we do not participate in these data transmissions. CRR will, wherever feasible, contractually obligate our third party service providers to abide by the terms of this Privacy Policy.

We respect your privacy. CRR subscribes to the Future of Privacy Forum with integrated Do Not Track (DNT) technology. If you have enabled DNT in your web browser, we will automatically disable all third party service providers used to collect Analytics. Learn More.

Children Under 18

CRR does not accept any Users, or representatives of Users, under 18 years of age or who otherwise do not have the relevant capacity and approval from their parent or legal guardian to be bound by this Policy and the Terms & Conditions and to generally use this website and the Services offered.

CRR recognises and respects the privacy interests of children and encourages parents and guardians to take an active role in their children’s online activities and interests. We do not knowingly collect Personal Information from children under 13 years of age. If we learn that we have collected personal information from a child under 13, we will delete such information. Children under the age of 13 may not register for an account or register for or purchase our Services.

Outside of South Africa

CRR’s website and Services are operated and managed on servers located and operated within the Republic of South Africa. In order to provide our Services to you, we may send and store your Personal Information outside of the country where you reside or are located, including to South Africa.

Accordingly, if a User resides or is located outside of South Africa, your Personal Information may be transferred outside of the country where you reside or are located, including to countries that may not or do not provide the same level of protection for your Personal Information.

CRR is committed to protecting the privacy and confidentiality of your Personal Information when it is transferred. We shall take appropriate steps to provide the same level of protection for the processing carried out in any such countries, as you would have within your country to the extent reasonably feasible under applicable law.

By using and accessing our Services, Users who reside or are located in countries outside of South Africa agree and consent to the transfer to and processing of their Personal Information on servers located outside of the country where they reside, and that the protection of such information may be different than required under the laws of their residence or location.

The Client agrees that their Personal Information may be transferred cross-border to other countries (outside of South Africa) for processing, provided that these countries abide by the provisions in the POPI Act relating to such transfer.

Changes

If CRR changes our Policy we will post the changes on this page, and may place notices on other pages of our website or app, so that Users may be aware of the Personal Information we collect and how we use it at all times. Continued use of the website and Service will signify that you agree to any such changes.

CRR reserves the right to update this Privacy Policy, from time to time. Your continued browsing or use of our website shall be accepted as confirmation of your acceptance of such changes.

The User has the right to access and rectify their Personal Information collected.

Complaints

The User has the right to lodge a complaint with the Information Regulator. The Information Regulator’s contact details are:

Attention: Ms Mmamoroka Mphelo
SALU Building
316 Thabo Sehume Street
Pretoria
Tel: 012 406 4818
Fax: 086 500 3351
Email: [email protected]
Website: http://www.justice.gov.za/inforeg/

Responsible Party:

CRR, a private company incorporated and operated in accordance with the laws of the Republic of South Africa, is a responsible party in terms of the POPI Act.

LOG FILES

When a User visits our website, even if they do not submit an enquiry or complete a form/s, CRR may collect information, such as your IP address, the name of your ISP (Internet Service Provider), your browser, the website from which you visit us, the pages on our website or app that you visit and in what sequence, the date and length of your visit, and other information concerning your computer’s or device’s operating system, language settings and broad demographic information.

This information is aggregated as anonymous data and does not identify you specifically. However, you acknowledge that this data may be able to be used to identify you if it is aggregated with other Personal Information that you supply to us. This information is not shared with third parties and is used only within CRR on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above, without your explicit permission.

COOKIES

CRR uses cookies. A cookie is a small piece of information stored on your computer, tablet or smartphone by the web browser. The two types of cookies used on the website are described below:

“Session cookies”: These are used to maintain a so-called ‘session state’ and only lasts for the duration of your use of the Dashboard. A session cookie expires when you close your browser, or if you have not visited the server for a certain period of time. Session cookies are required for the Dashboard to function, but are not used in any way to identify you personally.

“Permanent cookies”: These cookies store a unique code on your computer or smart device hard drive in order to identify you as an individual website user. No Personal Information is stored in permanent cookies and will automatically expire after 6 months. You can view permanent cookies by looking in the cookies directory of your browser installation. These permanent cookies are not required for the website to work, but will enhance your browsing experience.

If you have blocked cookies or your network is interfering with cookie/session communication, you can enable ActiveSession to enhance your browsing experience on this website. Learn More.

Most web browsers provide the option to block some or all cookie types should you wish to. Users can also opt out of the various online marketing and advertising platforms and service providers used by CRR from time to time (such as but not limited to Google, Facebook and/or LinkedIn) to market and advertise CRR’s website and Services across the web, using the relevant third party’s opt out page. Because many of our website's features utilise cookies, we recommend that Users do no block them.

APPLICATION OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT 25 OF 2002 (“ECT Act”)

Data Messages (as defined in the ECT Act) will be deemed to have been received by CRR if and when CRR responds to the Data Messages.

Data Messages sent by CRR to a User will be deemed to have been received by such User in terms of the provisions specified in Section 23(b) of the ECT Act.

Users acknowledge that electronic signatures, encryption and/or authentication are not required for valid electronic communications between Users and CRR.

Information to be provided in terms of Section 43(1) of the ECT Act:

Users warrant that Data Messages sent to CRR from any electronic device owned or used by such User, from time to time, were sent and/or authorised by such User, personally;

This website is owned and operated by CRR, a private company incorporated and operated in accordance with the laws of the Republic of South Africa.

Address for service of legal documents: CRR Head Office, Cube House, 1 Wedgewood Link, Bryanston, Sandton, Johannesburg, 2196 (this address is not staffed, only used as a mailing address);
Contact Number: 087 808 1967;
Email address: [email protected]; and
Website address: www.criminal.co.za.

(Version: 01 Oct 2018)
Older versions can be made available upon request by emailing [email protected].