Full Privacy Statement
Privacy StatementAt Lucha Lunako, we treat your personal information responsibly
1. Lucha Lunako (“Lucha”) respects your privacy and takes the protection of personal information very seriously. We promise to treat all your personal information carefully and responsibly.
2. The purpose of this privacy statement is to set out how we as Lucha, process personal information that can be associated with you and can be used to identify you (this is called personal information and special personal information). The term ‘process’ includes collecting, using, altering, merging, linking, organising, disseminating, storing, retrieving, disclosing, erasing, archiving, destroying or disposing of personal information.
3. Personal information includes any information that lets Lucha identify you, and would include information such as your name, physical address, date of birth, contact details, passport, identity number, employment/qualifications, financial information, education, family details, student information, company name or registration number.
4. Special Personal information includes that which details your race or ethnic origin, religious and philosophical beliefs, political persuasion, trade union membership, health or sex life, biometric information or any criminal behaviour which relates to alleged criminal offences or proceedings.
5. Personal information may be given to or collected by Lucha in writing as part of a written application or submission of documentation, electronically (email), via our website, on request or registration for any of our services, products, programmes or reports, when you sign up for our newsletters, complete a survey, telephonically or online, via social media platforms or through face to face or internet meetings. We may also collect special personal information, but we will limit the collection of this information to the minimum amount required to perform our services.
6. Processing of personal information includes any initial processing that Lucha does when we first collect your information. It also includes any further processing that Lucha is allowed to carry out legitimately in terms of the reasons listed in paragraph 8 (below).
Your personal information is an important part of Lucha’s relationship with you
7. Lucha will only collect and process your personal information for the reason you provided it to us, or to enable us to comply with the requirements of specific local or foreign laws that we are governed by; or to comply with any regulations, directives, judgments or court orders, government sanctions or embargoes, reporting requirements under financial transactions legislation, and demands of any authority, regulator, tribunal, enforcement agency or exchange body.
8. Lucha may process your personal information to protect your or our legitimate interest. Lucha will not collect and process personal information about you that we do not need for this purpose. The kind of information we collect, and our use of that information will depend on the purpose for which it was collected but the general purposes for which Lucha collects and processes your personal information include, but are not limited:
a. Creating a record of you on our system/s to verify your identity, assess your application for products and/or services, provide you with the products and/or services you have requested or enquired about and then communicate with and keep you informed about these products and/or services;
b. Create a record of you on our system/s for participation in our programmes, training sessions, events, conferences or seminars;
c. Create a record of you on our system/s as a donor of Lucha;
d. Identifying you and verifying your physical address, bank details and similar information for participation in learnerships or YES programmes or the programmes of our third party service providers;
e. Create a record of you on our system as a contact person for a youth-related organisation;
f. Conducting surveys related to youth development;
g. Where you have applied for employment at Lucha or for a Lucha grant, we perform applicant screening and background checks, and such screening may include social media screening and screening relating to any information about you we may obtain from publicly available sources such as search engine results;
h. Where you are a Lucha employee (including contractors), we create an employment record of you on our system to facilitate continuous monitoring during your employment with us;
i. Where you are a director of Lucha, we create a record of you as a director on our system;
j. Where you’ve been identified as a next of kin by an employee or client, we create a record of you on our system; and
k. Where you are a supplier to Lucha, we process your personal information for due diligence, risk assessment, administrative and payment
9. Furthermore, Lucha will not process your special personal information unless:
a. You have consented to Lucha processing it (in circumstances where we are legally obliged to obtain your consent); or
b. It is necessary to exercise or defend a right or obligation in law; or
c. It is necessary to comply with an international legal obligation of public interest; or
d. It is for certain historical, research or statistical purposes that would not adversely affect your privacy; or
e. You have deliberately made your personal information public.
10. There are some personal information fields that you have to fill in or provide if you want Lucha to provide you with your chosen product and/or service or onboard you as an employee, supplier, director or job applicant. This information can be provided in writing, electronically or telephonically, but it must be accurate and complete. These fields are indicated by an asterisk (or as otherwise indicated) on the respective forms/websites. If Lucha does not receive the necessary personal information, we will not be able to continue with your application. If you are already a(n) customer/employee/supplier/director and Lucha asks you for this information and you do not provide it, Lucha will have to suspend the provision of the product and/or services for a period of time, or as the case may be, even terminate our relationship with you.
11. In most cases, personal information will be collected directly from you, but there may be other instances when Lucha will collect personal information from other sources. These may include public records, places where you may already have made your personal information public (for example, on social media where your settings on such social media are set to ‘public’), credit bureaus, or individuals/directors whom you have appointed as your representative, where you are a corporate entity. Lucha will only collect your personal information from other sources where we are legally entitled or obliged to do so, and you are entitled to ask us which sources Lucha used to collect your personal information.
12. For the purposes outlined in paragraph 8 (above), Lucha will, in most instances, collect and process your personal information internally. However, there are times when we need to outsource these functions to third parties, including parties in other countries. This may include (but is not limited to) third parties with whom we work, such as our products or service providers and other business partners or counter-parties under contract who help provide certain products or services or help with parts of our business operations, including fraud prevention, bill collection, accounting, human resources, marketing, technology services, hosting services or other professional services or to any party to whom we assign our rights under any of our agreements for particular products and services. We may also need to share your personal information with third parties connected to the transaction, where we are involved in corporate transactions relating to the sale or transfer of any of our businesses, legal entities or assets.
13. We may also transfer your personal information outside South Africa:
a. if you give us an email address that is hosted outside South Africa; or
b. to administer certain services, for example, cloud services.
14. Where your personal information is shared internally within the Lucha Group or with an affiliate, such sharing will be carried out only for the purposes outlined in paragraph 8 (above). Lucha may also need to share your personal information with external organisations, such as credit bureaus, tax authorities or other regulatory or industry bodies, so that we can meet our due diligence or regulatory requirements.
15. Lucha will not share your personal information with third parties who do not need your personal information, or where Lucha is not legally permitted to do so. When Lucha decides to transfer your personal information to third parties, we will only provide it to organisations that have data privacy policies equivalent to Lucha’s, or subject to appropriate contractual obligations, or to those who are subject to laws relating to the processing of personal information that are similar to those that apply to Lucha.
16. Lucha values the information that you choose to provide and takes appropriate, reasonable technical and organisational steps to protect your personal information from loss, misuse or unauthorised alteration. The information we collect about you is stored in databases that have built-in safeguards to ensure the privacy and confidentiality of that information. Our hosting company will host our website in a secure server environment that uses a firewall and other advanced security measures to prevent interference or access from outside intruders.
Lucha respects your rights
17. As a Lucha client, we may use your personal information to tell you about products or services we think you might be interested in.
18. Should you not wish to receive direct marketing communication from us, please let us know. You may be able to update your preferences via our website, otherwise you can get in touch with us at firstname.lastname@example.org.
19. If you are a non-customer, if you would like to know more about our products and services, please submit your details to us in writing.
20. To the extent that local legislation permits, you have the following rights regarding your personal information:
a. The right to access your personal information that we have on record. If you wish to receive a copy, please send your request to us in writing using this Request Form and email it to email@example.com. Please also refer to our PAIA manual for more information on how to access your personal information;
b. You have the right to ask Lucha to correct any of your personal information that is incorrect. These requests must be sent to us in writing at firstname.lastname@example.org.
c. You can ask Lucha to delete or destroy your personal information. You can also object to Lucha processing your personal information. These requests must be sent to Lucha in writing at email@example.com. However, the result of such a request will be that Lucha may have to suspend the provision of products and/or services for a period of time, or even terminate our relationship with you. Lucha’s records are subject to regulatory retention periods, which means that Lucha may not be able to delete or destroy your personal information immediately upon request.
d. You may also ask Lucha to port your personal information to another party in terms of applicable laws. These requests must be sent to us in writing at firstname.lastname@example.org.
21. If you have a complaint relating to the protection of your personal information, including the way in which it has been collected or processed by Lucha, please contact us at email@example.com or on +27 10 822 1216 . If you have not had your complaint dealt with satisfactorily, you may lodge a complaint with your local privacy regulator in terms of applicable privacy laws.
Right to amend this privacy statement
Lucha reserves the right to change this statement at any time. All changes to this statement will be posted on the website. Unless otherwise stated, the current version shall supersede and replace all previous versions of this statement.
Reviewed and updated – 30 June 2021