This notice was updated on 21 November 2021.
The Trevor Noah Foundation website located at https://trevornoahfoundation.org/ (our website) is provided by us, the Trevor Noah Foundation NPC (‘we’, ‘our’ or ‘us’). We are the responsible party of personal information obtained via our website, meaning we are the organisation legally responsible for deciding how and for what purposes it is used.
This privacy policy also applies to our processing of personal information of our beneficiaries.
This privacy policy contains important information on who we are and how and why we collect, store, use and share any information relating to you (your personal information) in connection with your use of our website and our services.
We collect, use and are responsible for certain personal information about you. When we do so we are subject to the South African Protection of Personal Information Act (POPIA)
This version of our privacy policy is primarily written for adults, including parents and competent persons of children who use our website or benefit from our services. Given the nature of our website, we do not expect to collect the personal information of anyone under 18 years old. However, due to the nature of our services we may process personal information of children in pursuance of our cause.
This privacy policy is divided into the following sections:
- What this policy applies to
- Personal information we collect about you
- How your personal information is collected
- How and why we use your personal information
- Marketing
- Who we share your personal information with
- How long your personal information will be kept
- Transferring your personal information out of South Africa
- Cookies
- Your rights
- Keeping your personal information secure
- How to complain
- Changes to this privacy policy
- How to contact us
Third party websites
Throughout our website we may link to other websites owned and operated by certain third parties. Those third party websites may also gather information about you in accordance with their own separate privacy policies. For privacy information relating to those third party websites, please consult their privacy policies as appropriate.
Personal information we collect about you
We will only collect the minimum amount of personal information required for the purpose we are processing it.
The personal information we collect about you depends on the particular activities carried out through our website, or in provision of our services as a beneficiary.
If you do not provide personal information we ask for where it is required, it may prevent us from interacting with you in respect of our services on the website, or your engagement with us by way of donations.
We collect and use this personal information for the purposes described in the section ‘How and why we use your personal information’ below.
How your personal information is collected
We collect personal information from you:
- directly, when you enter or send us information, such as when you register with us, contact us (including via email), send us feedback, donate to us, post material to our website and complete surveys via our website, and
- indirectly, such as your browsing activity while on our website; or from your school or third party education provider; we will collect information indirectly using the technologies explain in the section on ‘Cookies’ below
How and why we use your personal information
Under data protection law, we can only use your personal information if we have a proper reason, eg:
- where you or your competent person has given consent
- to comply with our legal and regulatory obligations
- for the performance of a contract with you or to take steps at your request before entering into a contract, or
- for your, or our legitimate interests, or those of a third party (including our beneficiaries)
A legitimate interest is when we have a reason to use your personal information where it aligns with our cause as a charitable organization, so long as this is not overridden by your own rights and interests. We will carry out an assessment when relying on legitimate interests, to balance our interests against your own. You can obtain details of this assessment by contacting us (see ‘How to contact us’ below).
The table below explains what we use your personal information for and why.
| What we use your personal information for | Our reasons |
|---|---|
| Create and manage your account with us | For our legitimate interests, ie to be as efficient as we can so we can deliver the best service to you in order to manage your communication preferences and/or donations. |
| Providing services to you | To perform our contract with you or to take steps at your request before entering into a contract. This contract may be tacit in that, should you be a beneficiary, by us providing our services to you it will be in fulfillment of our contract to you. |
| Conducting checks to identify you and verify your identity or to help prevent and detect fraud against you or us | For our legitimate interests to minimise fraud that could be damaging for you and/or us |
| To enforce legal and contractual rights or defend or undertake legal proceedings | Depending on the circumstances:—to comply with our legal and regulatory obligations—in other cases, for your legitimate interests, ie to protect your interests and rights including enabling our beneficiaries to exercise their right to an education—in other cases, for our legitimate interests, ie to protect our business, interests and rights including |
| Customise our website and its content to your particular preferences based on a record of your selected preferences or on your use of our website | Depending on the circumstances:—your consent as gathered by the separate cookies tool on our website —see ‘Cookies’ below—where we are not required to obtain your consent and do not do so, for our legitimate interests, or the legitimate interests of a third partyIf you have provided such a consent you may withdraw it at any time (this will not affect the lawfulness of our use of your personal information in reliance on that consent before it was withdrawn) |
| Retaining and evaluating information on your recent visits to our website and how you move around different sections of our website for analytics purposes to understand how people use our website so that we can make it more intuitive or to check our website is working as intended | Depending on the circumstances:—your consent as gathered by the separate cookies tool on our website—see ‘Cookies’ below— where we are not required to obtain your consent and do not do so, for our legitimate interests, or the legitimate interests of a third partyIf you have provided such a consent you may withdraw it at any time (this will not affect the lawfulness of our use of your personal information in reliance on that consent before it was withdrawn) |
| Communications with you not related to marketing, including about changes to our terms or policies or changes to the services we provide to you and/or our beneficiaries or other important notices | Depending on the circumstances:—to comply with our legal and regulatory obligations—in other cases, for our legitimate interests or the legitimate interests of a third party |
| Protecting the security of systems and data used to provide the services | To comply with our legal and regulatory obligationsWe may also use your personal information to ensure the security of systems and data to a standard that goes beyond our legal obligations, and in those cases our reasons are for our legitimate interests, ie to protect systems and data and to prevent and detect criminal activity that could be damaging for you and/or us |
| Statistical analysis to help us understand our donor and beneficiary base | For our legitimate interests and or the legitimate interests of our beneficiaries |
| Updating and enhancing donor / potential donor records | Depending on the circumstances:—to perform our contract with you or to take steps at your request before entering into a contract—to comply with our legal and regulatory obligations—where neither of the above apply, for our legitimate interests and the legitimate interests of a third party |
| Disclosures and other activities necessary to comply with legal and regulatory obligations that apply to our business | To comply with our legal and regulatory obligations |
| Marketing our services to existing and former customers | For our legitimate interests, to promote our cause to existing and former donorsSee ‘Marketing’ below for further information |
| For audits and quality checks necessary to comply with internal and external legal and regulatory obligations | For our legitimate interests as a charitable organization, to maintain such status with the relevant regulatory bodies and to report to relevant stakeholders |
| To share your personal information with members of our group and third parties that will or may take control or ownership of some or all of our business (and professional advisors acting on our or their behalf) in connection with a significant corporate transaction or restructuring, including a merger, acquisition, asset sale, initial public offering or in the event of our insolvencyIn such cases information will be anonymised where possible and only shared where necessary | Depending on the circumstances:—to comply with our legal and regulatory obligations—in other cases, for our legitimate interests, ie to best position our organization to fulfil its charitable mandate |
How and why we use your personal information — Special personal information
Certain personal information we collect is treated as a special category to which additional protections apply under data protection law:
- financial information and related information when donating to us
- race and/or ethnic origin
Where we process such special category personal information, we will also ensure we are permitted to do so under data protection laws.
How and why we use your personal information—sharing
See ‘Who we share your personal information with’ for further information on the steps we will take to protect your personal information where we need to share it with others.
Marketing
In the event you request to be part of our mailing list, or are a donor, we may use your personal information to send you updates (by email, text message, telephone or post) about our cause and closely related matters.
You have the right to opt out of receiving marketing communications at any time by:
- contacting us at info@trevornoahfoundation.org
- using the ‘unsubscribe’ link in emails or ‘STOP’ number in texts
- updating your marketing preferences on our website
In the even you choose to opt-out of marketing communication, we will still contact you in relation to your previous donations but will not contact you in the future to request further donations (you will have to re-subscribe or make another donation).
We will always treat your personal information with the utmost respect and never sell or share it with other organisations for marketing purposes.
For more information on your right to object at any time to your personal information being used for marketing purposes, see ‘Your rights’ below.
Who we share your personal information with
We routinely share personal information with:
- third parties we use to help achieve our cause, such as payment service providers
- other third parties we use to help us run our business, such as website hosts and website analytics providers
- our banks
- our professional advisors
- our partners
We only allow those organisations to handle your personal information if we are satisfied they take appropriate measures to protect your personal information. We also impose contractual obligations on them to ensure they can only use your personal information to provide services to us and to you.
We or the third parties mentioned above occasionally also share personal information with:
- our auditors, eg in relation to the audit of our accounts, in which case the recipient of the information will be bound by confidentiality obligations
- our and their professional advisors (such as lawyers and other advisors), in which case the recipient of the information will be bound by confidentiality obligations
- law enforcement agencies, courts, tribunals and regulatory bodies to comply with our legal and regulatory obligations
How long your personal information will be kept
We will not keep your personal information for longer than we need it for the purpose for which it is used, or for a period dictated by law – whichever the longer. In the event we require it to be retained over-and-above the aforementioned time periods, we will seek your consent.
Transferring your personal information out of South Africa
We will generally not transfer your personal information outside of South Africa. It is, however, sometimes necessary for us to transfer your personal information to countries outside of South Africa. In those cases we will comply with applicable South African laws designed to ensure the privacy of your personal information.
We will transfer your personal information to:
- our service providers, and
- our professional advisors
- our partners
located outside of South Africa.
Where we transfer your personal information outside South Africa we do so on the basis of a valid method of international transfer as required by South African data protection laws. In the event we cannot or choose not to continue to rely on either of those mechanisms at any time we will not transfer your personal information outside the South African unless we can do so on the basis of an alternative mechanism or exception provided by South African data protection law and reflected in an update to this policy.
Any changes to the destinations to which we send personal information or in the transfer mechanisms we rely on to transfer personal information internationally will be notified to you in accordance with the section on ‘Changes to this privacy policy’ below.
Cookies
A cookie is a small text file which is placed onto your device when you use our website. We use cookies on our website. These help us recognise you and your device and store some information about your preferences or past actions.
The cookies used on our website will not, by default, collect your personal information. In the event they do, such information will be de-identified of your personal information. Where this is impossible, we will only use such cookies in accordance with South African data protection laws.
Your rights
You generally have the following rights, which you can usually exercise free of charge:
| Access to a copy of your personal information | The right to be provided with a copy of your personal information |
| Correction (also known as rectification) | The right to require us to correct any mistakes in your personal information |
| Erasure (also known as the right to be forgotten) | The right to require us to delete your personal information—in certain situations |
| Restriction of use | The right to require us to restrict use of your personal information in certain circumstances, eg if you contest the accuracy of the data |
| Data portability | The right to receive the personal information you provided to us, in a structured, commonly used and machine-readable format and/or transmit that data to a third party—in certain situations |
| To object to use | The right to object:—at any time to your personal information being used for direct marketing (including profiling)—in certain other situations to our continued use of your personal information, eg where we use your personal information for our legitimate interests unless there are compelling legitimate grounds for the processing to continue or the processing is required for the establishment, exercise or defence of legal claims |
| Not to be subject to decisions without human involvement | The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects youWe do not make any such decisions based on data collected by our website |
| The right to withdraw consents | If you have provided us with a consent to use your personal information you have a right to withdraw that consent easily at any timeYou may withdraw consents by [insert details as relevant depending on consents]Withdrawing a consent will not affect the lawfulness of our use of your personal information in reliance on that consent before it was withdrawn |
If you would like to exercise any of those rights, please email, call or write to us—see below: ‘How to contact us’. When contacting us please:
- provide enough information to identify yourself and any additional identity information we may reasonably request from you, and
- let us know which right(s) you want to exercise and the information to which your request relates
Keeping your personal information secure
We have appropriate security measures to prevent personal information from being accidentally lost, or used or accessed unlawfully. We limit access to your personal information to those who have a genuine need to access it.
We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.
How to complain
Please contact us if you have any queries or concerns about our use of your personal information (see below ‘How to contact us’). We hope we will be able to resolve any issues you may have.
You also have the right to lodge a complaint with the Information Regulator.
Changes to this privacy policy
We may change this privacy policy from time to time—when we make significant changes we will take steps to inform you.
How to contact us
You can contact our Information Officer by email or telephone if you have any questions about this privacy policy or the information we hold about you, to exercise a right under data protection law or to make a complaint.
Our contact details are shown below:
WeWork at the Link, Rosebank, Johannesburg, South Africa, 2196.
info@trevornoahfoundation.org
