Privacy Policy

Axess Limited or any subsidiary of ER Group, endorsing and referring to this Privacy Notice (hereinafter referred to as the "Company”, “we”, “us”), is part of the Group. We act as the controller of your personal data as we determine the purposes and means of the processing of your personal data.  We are registered as controller with the Data Protection Office in Mauritius.

We value the privacy of our data subjects and commit to protect their personal data in accordance with the Applicable Laws.

This Privacy Notice applies to any processing by us of personal data, both in paper and electronic forms, of all our natural stakeholders, including but not limited to our employees, suppliers, creditors, clients, customers, job applicants, shareholders, investors and web users (hereinafter referred to as “data subjects” or “you”).

We invite you to carefully read this Privacy Notice which explains the context in which we process your personal data and explains your rights as data subjects and our obligations when we do so. Capitalised words in this Privacy Notice are defined in the ‎GLOSSARY at the end of this Privacy Notice.

This Privacy Notice should be read together with any other privacy notice or fair processing notice we may provide on specific occasions when we process your personal data so that you are fully aware of how and the purpose for which we use your personal data. This Privacy Notice supplements the other policies and notices and is not intended to override them. 

We have appointed a Data Protection Officer, whose duty is to provide guidance and advice to and oversee data protection compliance at the Group. Should you have any questions in relation to the processing of your personal data, you may contact our Data Protection Officer as follows –

Data Protection Officer
ER House
Business Park, Moka
Mauritius
Email: dataprotectionofficer@ergroup.mu

The personal data we collect include and are grouped as follows –

• Contact Information:

such as your first name, maiden name, last name, title, address, telephone number, mobile phone number, job title, name of employer, fax number and email address, and business information which includes identification and your relationship to a person. Address may include both business address and home address where you have provided that to us.

• Personal Information:

such as your date of birth, national identity card number or passport number, or any other identity document details, or signature (whether in ink or electronic form), photographs, fingerprints, facial recognition and CCTV camera footage  to enable us to check and verify your identity.

• Financial Data:

such as data necessary for  processing payments and fraud prevention, including credit/debit card numbers, bank account and payment card details including security code numbers and other related billing information, as well as, where applicable, information relating to the source of funds and source of revenue.

• Transaction Data:

includes details about payments to and from you and other details of services you have purchased from us.

• Technical Data (if applicable):

includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access our website.

• Profile Data:

includes your username and password, your interests, preferences, your psychometric assessment, your feedback and survey responses.

• Usage Data:

Includes information about how you use our website and services.

• Marketing and Communications Data:

such as your preferences in receiving marketing from us and our third parties and your communication preferences.

• Information collected from publicly available resources and credit agencies:

 or any other information needed to enable us to undertake a credit or other financial checks on you.

• Location data such as your geolocation, location or tracking of your device captured through a system or network.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data, which will be used in accordance with this Privacy Notice.

We do not usually collect ‘sensitive personal data’ also known as Special Categories of Personal. 

Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and  biometric  data and any information about your criminal convictions and offences, if any). 

• Personal data of children

We do not knowingly collect personal data relating to a child under 16 years unless we have obtained the parent’s or guardian’s consent. If you are a child under 16 years, please ensure you have received authorisation from your parent or guardian as we may request proof of that authorisation.

• Third party information

If you share third party information to us, you confirm that you have obtained the necessary permission of such person to the reasonable use of their information in accordance to this Privacy Notice or as otherwise permitted for you to give us this information on their behalf.

It is important that the personal data we hold about you is accurate and current. Please keep us informed, if your personal data changes during your relationship with us.

We collect most of your personal data from our direct interactions with you in the course of our business, whether when you enter into a business relationship with us, or when you apply for a job with us, when you contact us through our contact form or by email and request information about our products, services and offers, or engage with our staff for business related purposes, or you sign up to receive information from us, or when you browse or use our website.

We may also collect information from third party sources including our Associated Companies which have lawfully shared the information with us, our referrals and agents, our suppliers, principals, franchisors and public authorities, public websites and social media.

We may also collect information via our automated IT systems. The latter may  include mobile phone applications, such as for our customers. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns, traffic data. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see how we use cookies below for further details.

• We may also collection information when you apply for a job with us. When wanting to apply for a job with us, you will either be:
• directed to register on and apply through our website platform; or
• directed to register on and apply through a third-party platform, subject to the terms and conditions of that platform. The said third-party will share with us or grant us access to your relevant personal data for the purposes of the specific job vacancy that you have applied for; or
• able to submit a printed copy of your application to our office.

You may also send to us a ‘spontaneous job application’ for any future job openings. 
 

We process your personal data for various purposes including:

1. To manage our business relationship with you as client, customer, supplier, service provider or investor;
2. To use your signature (whether in ink or electronic format), where you are an authorised signatory;
3. To provide you our products and/or services and those of our Associated Companies;
4. To respond to your request, query or complaint when you fill out a ‘contact us’ form;
5. To comply with any legal obligations and statutory reporting requirements towards authorities and regulators such as the Mauritius Revenue Authority, Registrar of Companies, Stock Exchange of Mauritius or the Financial Services Commission;
6. To prevent or detect abuse of our products and/or services;
7. To confirm your identity and carry out background checks, including as part of our checks in relation to anti-money laundering, compliance screening and to prevent fraud and other crimes;
8. To personalise your experience on your repeated visits to our website by delivering relevant website content and advertisement to you;
9. To keep a database of customers/clients and potential customers/clients to communicate with in respect of our products and/or services and matters related thereto;
10. To enable us to carry out statistical and other analysis to provide better customer service and measure the effectiveness of our communications to you;
11. To pursue direct marketing and advertising;
12. To use data analytics to improve our website, products, services, customer/client relationships and experiences;
13. To administer and protect our businesses;
14. To ensure security and safety on our premises;
15. To administer and protect our website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data);
16. Use of photographs/image for communication regarding our business activities and that of ; and
17. To fulfil such other purposes as may be related, directly or indirectly to our business activities. 

We have described the purposes for which we may use your personal data. We will only use your personal data when the law allows us to and where it is necessary for the specific purpose. The lawful bases we rely on when processing your personal data can be:

1. Where you have given your consent; or
2. The processing is necessary:
   (i)    for the performance of our contract with you or to take steps at your request before entering into a contract; 
   (ii)    for compliance with our legal obligations, for example any statutory reporting or record-keeping requirements towards authorities and regulators such as the Mauritius Revenue Authority, Registrar of Companies;
   (iii)    for the pursuance of our legitimate interests or those of a third party; 
   (iv)    for the purpose of historical, statistical and/or scientific research; or
   (v)    for the establishment, exercise or defence of legal claims or proceedings.

A legitimate interest is when we have a valid business or commercial reason to process your personal data, so long as this is not overridden by your own rights, freedoms and interests. Examples of such ‘legitimate interests’ include where data processing activities are performed: (i)  for the better running of our business operations; (ii) for the provision and administration and improvement of IT services as well as network security systems; (iii) for a better identification on the types of customers we have and a study on their use of our services in order to develop our marketing strategy accordingly; (iv) for the prevention, detection and investigations of fraud, security breaches or other criminal activities.

We will process your personal data for the purposes mentioned above based on your prior consent, to the extent such consent is required under Applicable Laws. If consent is not required, we will ensure that our processing remains fair, transparent, and aligned with your rights under data protection laws.

If you send to us a ‘spontaneous job application’ for any future job, you may be contacted by us regarding job vacancies within the Group that could be of interest to you. We do not share your job applications and associated personal data with other entities in the Group without your written consent. When applying for a position with us, whether for a specific job or as part of a spontaneous job application, we will hold onto your personal data provided to us, for future job openings subject (please refer to Paragraph 8 below).

Except for certain information that is required by law, your decision to provide any personal data to us is entirely voluntary. You will therefore not be subject to adverse consequences if you do not wish to provide us with your personal data, or you fail to provide that data when requested. However, please note that if you do not provide certain information, we may not be able to accomplish some or all of the purposes outlined in this Privacy Notice, in particular, we or you may not be able to perform the contract we have or are trying to enter into with you. In this case, we may have to cancel a service you have with us but we will notify you if this is the case at the time.

We will not process your personal data for purposes that are incompatible with the purposes for which they were collected, and of which you have been informed, unless it is required or authorised by Applicable Laws, or it is necessary to protect your own vital interest (e.g. in case of a medical emergency) .

We may process your personal data without your knowledge or consent, where this is required or permitted by law. For example, in order to prevent fraud and other illegal activity, and for verification process of any payment transaction or online payment.

We take cautionary measures to ensure we do not collect any personal data from you which is not necessary in order to provide our products and services to you. Any data that is not required for these purposes is not collected or processed.

We shall pass on your personal information to our Associated Companies: i) only where you agree in writing, so that they may offer you their products and services; or ii) where we are able to do so in accordance with Applicable Laws.
 

We only retain your personal data for as long as necessary to fulfil the purposes for which they were collected, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

If you have subscribed to receive marketing communications, your personal data we use for marketing purposes will be kept with us until you unsubscribe or notify us that you no longer wish to receive our marketing offers or emails and request to destroy your personal information.

By law, we have to keep basic information about you including your Contact Data, Financial Data, and Transaction Data for such number of years according to the Applicable Laws, following the conclusion of our business relationship. This retention is necessary for statutory, tax and other judicial purposes. Please contact our Data Protection Officer for further details on retention periods for different aspects of your personal data.

In some circumstances, you can ask us to erase or destroy your personal data: see Request erasure below for further information.

We may also anonymise your personal data so that it can no longer be associated with you for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
 

We do not share, sell or trade your personal data with other companies other than the Associated Companies for marketing purposes, but should this be the case, we will get your consent before we proceed.

In relation to the purposes for which we collect your personal data, we may have to share your personal data to:

• Our employees on a need-to-know basis;
• Third parties such as our preferred service providers (such as IT systems suppliers and support, and other service providers) from whom we require: (i) to respect the security of your personal data, and to treat it in accordance with the law, (ii) not to use your personal data for their own purposes, and (ii) only to process your personal data for specified purposes and in accordance with our instructions;
• Our Associated Companies, for statutory or business purposes, to build up a centralised client database to better identify your needs regarding our different products and services ;
• Share your CVs which could match positions advertised within the Associated Companies Group, subject to your consent;
• Any successor in title of the Group and an Associated Company in the context of a sale, merger, acquisition, amalgamation or joint venture or otherwise any corporate or commercial action. In those circumstances the data will be subject to confidentiality arrangements.
• Our business partners such as franchisors, principals, tenants;
• Our professional advisors that is our accountants, auditors, lawyers, insurers, and bankers;
• Any public or enforcement authority such as The Mauritius Revenue Authority, Registrar of Companies, Stock Exchange of Mauritius Ltd, Financial Services Commission in Mauritius or such similar authorities abroad to comply with our legal obligation, or in case of a court, administrative or governmental order.
  
   

With your consent, we may send you occasional notifications and/or communications regarding products and services, from our company or those of the Group only, or important product updates, special offers and promotions.

When you subscribe to receive email communications, we may use tracking technologies, such as through cookies and similar tools, to monitor the actions you have taken regarding the emails. This may include tracking whether you opened an email, or clicked on a specific link or your location when you opened the mail based on IP address. We may then use your Contact Data, Technical, Usage and Profile Data to analyse your engagement and preferences. This is how we decide which services and promotions may be of interest for you. We may also send you marketing material where you have requested a quote or information about our product and/services, entered into a contractual relationship, participated in a competition with us or subscribing on our website.

We may obtain our marketing data through our direct interactions with you, through our automated technologies or through our Associated Companies. Unless otherwise is expressly written by us when you are being asked to provide your consent, your express consent to receive marketing material or latest news from us will entitle you to receive such marketing material or latest news from those entities within the Group 
and the Associated Companies.