The Protection of Personal Information Act 4 of 2013(POPI) regulates and controls the collection, use, transfer, and processing of an individual or legal entities Personal Information.
In terms of POPI, a responsible party (in this case being the Company) has a legal duty to process a Data Subjects Personal Information (in this case being your Personal Information) in a lawful, legitimate and a responsible manner.
Companies and their employees do from time-to-time process Personal Information.
In terms of POPI all persons including any employee who collects, manages, processes, transfers, stores and or retains personal information, whether held under a document, record or in any other format has a responsibility to process such information in accordance with the provisions under POPI.
In order to discharge this duty, the Company requires your express and informed permission as a client or a supplier to the Company to process your personal information.
Personal Information means any information of a personal nature belonging to a Data Subject which maybe or which is processed, collected, and used by a responsible Party, and which will include any information related to or owned by a private or a public entity and or natural individuals such as:
Name, address and ID Number/Company Registration
Blood Type and
Educational, medical, criminal, or employment history, as well as information pertaining to financial
Views or opinions; and
Information relating to Race, Gender, sex, Pregnancy, marital status, nationality, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well- disability , religion, conscience, belief , culture, language and birth of the person.
*Note that while the POPI act lists these types of personal information, the Company does not necessarily process nor collect all these types of information. The Company will gather information that it deems necessary to best serve its stakeholders, of which you are one. Therefore, after providing the company with consent you are not automatically obliged to provide the Company with information you are not comfortable to share. The choice of sharing or withholding information will remain that of the data subject, you, with reasonable understanding to the consequences of withholding certain types of information.
Personal Information, however, excludes information which is available in the public domain.
Processing means the collecting, receiving, storing, using, updating, modifying, disseminating and destruction of Personal information.
Responsible Party means the person, legal entity, company, or public body that is responsible for processing an entity or individual’s personal information.
Data Subject means the individual, legal entity, public body or company, whose personal information is being processed.
Information Officer means in the case of a public body, the information officer or the deputy information officer who has been appointed in terms of section 1 or 17 of the Promotion of Access to Information Act (PAIA) or in the case of a private body, the head of a private body who has been appointed in terms of section 1 of PAIA.
PURPOSE FOR THE COLLECTION
The purpose for the collection of your Personal Information and the reason why the Company requires your Personal Information is to enable the Company to:
Comply with lawful obligations, including all applicable labour, tax and financial legislation such as the Financial Advisory and Intermediary Services Act 37 0f 2002, The Consumer Protection
To give effect to the contractual relationship as between you and the Company in order to ensure the correct administration of the
To protect the legitimate interests of the Company, yourself or of a third party.
*All Personal Information that you provide to the Company will only be used for the purposes for which it was collected.
CONSEQUENCES OF WITHOLDING CONSENT OF PERSONAL INFORMATION
Should you refuse to provide the Company with the required consent and /or Personal Information, then the Company will be unable to assist you with your requirements nor provide you with requested services nor communicate requirements to you as a supplier of goods or services to the Company.
STORAGE AND RETENTION AND DESTRUCTION OF INFORMATION
All personal information which you provide to the Company will be held and/ or stored securely and held for the purpose for which it was collected, as reflected above. Your Personal Information will be stored electronically in a centralized data base, which for operational reasons, will be accessible to all within the Company, where appropriate some information may be retained in hard copy; in either event, storage will be secure and audited regularly regarding the safety and security of information.
Where personal information and related data is transferred to an entity that is situated outside the borders of South Africa, such storage is only done in countries that have similar privacy laws to our own or where such facilities are bound contractually to no lesser regulations than those imposed by POPI.
Once the information is no longer required the purpose for which the information was held has expired, such personal information will be safely and securely archived for a period of 7 years, as per the requirements of the Companies Act, 71 of 2008 or longer should this be required by any other law applicable in South Africa. Thereafter, all your personal information will be permanently destroyed.
RIGHT TO OBJECT
In terms of section 11(3) of POPI you have the right to object in the prescribed manner to the Company processing your Personal Information. On receipt of your objection the Company will place a hold on any further processing until the cause of the objection has been resolved.
ACCURACY OF INFORMATION
POPI requires that all your Personal Information and related details, as supplied are complete, accurate and up to date. Whilst the Company will always use its best endeavours that your Personal Information is reliable, it will be your responsibility to advise the Company of any changes to your Personal Information, as and when these may occur.
ACCESS TO THE INFORMATION BY THE DATA SUBJECT
You have the right at any time to ask the Company to provide you with:
*The details of any of your Personal information that the Company holds on your behalf; and
*The details as to what the Company has done with that Personal Information.
You have the right to address any complaints to the Company’s Information Officer or to the POPI Regulator. You may contact us via the form below.
DIRECT MARKETING, ADVERTISING AND PROMOTIONAL ACTIVITIES
The Company may /may not use my Personal Information for the marketing and /or promotion of its own goods and
May /may not use my Personal Information for the marketing and/ or promotion of other goods and service;
May /or may not share my Personal Information with associated group Companies.
DECLARIATION AND INFORMED CONSENT
By completing the form below I declare that all Personal Information supplied to the Company is accurate, up to date, is not misleading and that it complies in all respects. I undertake to immediately advise the Company of any changes to my Personal Information should any of these details change.
I furthermore give the Company permission to process my Personal Information, as provided above, and acknowledge that I understand the purposes for which it is required and for which it will be used.