Privacy Policy

Introduction
1. Any capitalised terms have the meanings ascribed to them in the Terms.
2. This is the Privacy Policy applicable to your personal information, your customers’ personal information and the personal information of any other person collected by Next Sme (Pty) Ltd (Next SME) through its website, nextsme.co.za (Website).
3. Next SME respects privacy rights and complies with all laws in respect of the handling of all personal information, including collection, use, storage, sharing and disposal.
4. This Privacy Policy aims to help you, your customers and your directors and members understand how Next SME handles personal information when you use the Website.
5. This Privacy Policy does not apply to any third party websites which may be accessible through links on the Website. Next SME makes no representations or warranties about the privacy practices of any third party and does not accept any responsibility for the privacy practices of, or content displayed on, third party websites. Third party website providers are responsible for informing you about their own privacy practices.
Changes to Privacy Policy
Next SME reviews its policies regularly and occasionally may need to change or update them. Any updated versions of this Privacy Policy will be posted on the Website and will be effective from the date of posting. Where practical, and at Next SME’s discretion, notice of the change will be displayed on the Website or emailed to you in Next SME’s sole discretion. This Privacy Policy was last reviewed and updated on 10th April 2024
What personal information does Next SME handle?
1. When used in this Privacy Policy, the term “personal information” has the meaning given to it in the Protection of Personal Information Act, 2013 (POPI). Generally speaking, personal information is any information that can be used to personally identify a natural or juristic person.
2. Next SME collects personal information when you register for and utilise our Website. This information may include names, addresses, registration / VAT / identity numbers, and contact details of you, your directors/members, and your customers, as well as the country of citizenship, positions held, and financial information of the individuals and entities concerned and any other information related to your business and your customers that Next SME lawfully acquires and deems pertinent for the use of the Website. This includes, but is not limited to, bank account information, bank statements, accounting data, publicly available information and any other information from third parties.
3. If the information that Next SME collects personally identifies you, your customers or any of you are reasonably identifiable from it, Next SME will treat it as personal information.
How does Next SME collect personal information?
1. Next SME collects personal information directly from you in the following ways, namely:
  1. through your registration for, access to and use of the Website; and
  2. through your uploading of personal information directly or within documents such as bank statements on the Next SME website; and
  3. when you link your accounting package to the Next SME website; and
  4. when you communicate with Next SME in any way.
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What if you do not provide personal information requested by Next SME or allow Next SME to collect personal information?
1. If you do not provide Next SME with personal information where Next SME requires it, you will not be able to register on, or use the services of, the Website.
For what purposes does Next SME handle personal information?
1. Next SME collects personal information and handles it for the purposes of:
  1. registering and accepting you as a user of the Website;
  2. making the functionality and features of the Website available to you;
  3. meeting legal or other regulatory obligations imposed on it;
  4. updating its records; and
  5. processing and responding to any queries;
  6. sending you marketing materials about Next SME products and services (unless you have elected not to receive such materials and, if you have, from which you may opt out at any time by sending an email to privacy@nextsme.com).
Who does Next SME disclose personal information to?
1. Next SME may disclose personal information to:
  1. its employees, affiliates, contractors or third party service providers in connection with the Website and the services that it provides to you, including its information technology service providers;
  2. its insurers and professional advisors, including its accountants, business advisors and consultants as well as other third party service providers;
  3. employees and other relevant people connected with any entity with which Next SME merges, combines or to which it divests a part or the whole of its business;
  4. law enforcement or regulatory bodies as required by law; and
  5. any other juristic or natural person for any authorised purpose with your express consent.
  6. Next SME undertakes never to sell personal information.
Does Next SME disclose personal information to anyone outside South Africa?
1. Next SME may need to transfer Personal information to, or store it with, third party suppliers and service providers, such as hosting or information technology service providers, located outside of South Africa for some of the purposes listed above.
2. Where personal information is transferred outside of South Africa, your rights and the rights of your customers and your directors/members will continue to be respected and Next SME will take all reasonable steps to ensure transferred personal information is kept secure and receives a similar level of protection as that which it receives in South Africa.
Security and data quality
1. Next SME may hold personal information in either electronic or hard copy form. In both cases Next SME takes reasonable and appropriate steps to ensure that the personal information is protected from misuse and loss and from unauthorised access, modification or disclosure.
2. Personal information is destroyed or de-identified when no longer needed or when Next SME is no longer required by law to retain it (whichever is the later).
How can you, your customers or your directors/members access and correct your and their personal information?
1. You, your customers or your directors/members have the right to contact Next SME at any time requesting:
  1. confirmation that Next SME has the personal information;
  2. access to the records containing the personal information or a description of the personal information that we hold; and
  3. the identity or categories of third parties who have had, or currently have, access to the personal information.
2. When making a request Next SME requires adequate proof of identity which may include providing a certified copy of identity / registration documents.
3. Next SME will try to provide any person entitled to access their personal information with suitable means of accessing information, by for example, posting or emailing it to them.
4. There may be instances where Next SME cannot grant access to personal information. For example, if granting access would interfere with the privacy of others or would result in a breach of confidentiality, Next SME may need to refuse access. If Next SME refuses access, it will give written reasons for its refusal.
5. If any person believes that any personal information that Next SME holds about them is inaccurate, irrelevant, outdated, incomplete or misleading, that person may request Next SME to correct it. If they believe that any personal information that Next SME holds about you or them is excessive or has been unlawfully obtained or that Next SME is no longer authorised to retain the information, they may request that Next SME destroys or deletes it. Next SME will consider if the information requires correction, deletion or destruction and if Next SME does not agree that there are grounds for such action, the person making the request may require Next SME to note your request.
6. Next SME may charge a reasonable fee to cover its administrative and other reasonable costs in providing personal information requested.
Unlawful access to personal information
1. If any person believes that their personal information has been unlawfully accessed or acquired, they may contact Next SME using the contact information below and provide details of the incident so that Next SME can investigate it.
2. Next SME will treat such queries confidentially (unless otherwise required by law), investigate them and aim to achieve resolution within a reasonable time.
Indemnity
1. You must ensure that you are permitted to disclose your customer and director/member information as well as information concerning any other person or entity you disclose to Next SME.
2. Next SME and its employees, directors or agents will not be liable for, and you indemnify and hold Next SME harmless against, any loss or harm, direct, indirect or consequential, arising from, or connected to the use of your customers’ and your directors’/members’ personal information or the disclosure to Next SME of such personal information by you.
Changes to personal information
Should any person’s personal information change, please inform Next SME and provide Next SME with all changes as soon as reasonably possible to enable Next SME to update the personal information. It is your responsibility to ensure that all personal information is kept up to date as Next SME has no way of doing so directly.
Contact information
If any person has questions about this Privacy Policy or need to contact Next SME in connection with their personal information, they may contact Next SME’s Information Officer at privacy@nextsme.com