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PROTECTION OF PERSONAL INFORMATION ACT, 2013 AND YOUR PERSONAL INFORMATION
The Protection of Personal Information Act, 2013 (“POPI”) came into complete commencement on 1 July 2021, in this regard we have a number of obligations and duties in terms of POPI that we must comply with. The protection of your personal information is a high priority for us and we have taken steps to ensure that your personal information is protected and remains private.
This letter explains all that is required in section 18 of POPI and will inform you of what personal information we collect, why we collect it, how we use it and what safety measures are in place to protect it.
Where we refer to “process”, it means how we collect, use, store, make available, destroy, update, disclose, or otherwise deal with personal information. As a general rule we will only process this personal information if it is required to deliver or offer a service, provide a product, carry out a transaction or obligation in a contract.
Where we refer to ‘personal information’ we refer to any information that identifies you or specifically relates to you, or your employees stored or processed on the Product/s and/or Services. Personal information includes, but is not limited to, Marital status, National origin, Age, Language, Birth place, Education, Relevant financial history, Identifying number, E-mail address, physical address telephone number, Biometric information, Race, gender, sex, pregnancy status, ethnic origin, social origin, colour, sexual orientation, Physical health, mental health, well-being, disability, religion, belief, conscience, culture, Medical history, criminal history, employment history, Personal views, preferences and opinions, Another’s views or opinions about you and full names and initials.
We may combine this personal information and use the combined personal information for any of the purposes stated in this letter.
If you use our services, goods, products and service channels you agree that we may process this personal information as explained in this letter. Sometimes you may provide us with consent to process this personal information.
If the Company processes personal information for another party under a contract or a mandate, the other party’s Data Protection Policies and procedures will apply to the processing of such information.
The Company can change the processing procedures as set out herein from time to time if the law or our business practices requires such change.
2. What personal information do we collect?
We collect the following personal information about you:
- Name and Surname
- Identity Number
- E-mail address; physical address telephone number
- Marital status
- National origin
- Birth place
- Relevant financial history
- Biometric information
- Race; gender; sex; pregnancy status; ethnic origin; social origin; colour; sexual orientation
- Physical health; mental health; well-being; disability; religion; belief; conscience; culture
- Medical history; criminal history; employment history
- Personal views, preferences and opinions
- Another’s views or opinions about you
3. When and from where we obtain personal information about you
- We collect personal information from you directly.
- We collect personal information from a public record or if you have deliberately made the information public.
- We collect personal information from 3rd parties that are directly integrated with our software platform
- We collect information about you based on your use of our products, services or service channels.
- We collect information about you based on how you engage or interact with us such as via emails, letters, telephone calls and surveys
- We collect personal information from completed forms i.e. contact and billing information
- Our partners, your employer, employees directly, any of our other Bureau or channel partners and any connected companies, subsidiary companies, its associates, cessionaries, delegates, assigns, affiliates or successors in title and / or appointed third parties (like its authorised agents, partners, contractors and suppliers) for any of the purposes identified in this Data Protection Policy;
- your spouse, dependents, partners, employer, and other similar sources;
- people you have authorised to share your personal information, like a person that makes a travel booking on your behalf or a medical practitioner for insurance purposes;
- attorneys, tracing agents, debt collectors and other persons that assist with the enforcement of agreements;
- payment processing services providers, merchants, banks and other persons that assist with the processing of your payment instructions, like EFT transaction partners.
- insurers, brokers, other financial institutions or other organisations that assist with insurance and assurance underwriting, the providing of insurance and assurance policies and products, the assessment of insurance and assurance claims and other related purposes;
- law enforcement and fraud prevention agencies and other persons tasked with the prevention and prosecution of crime;
- regulatory authorities, industry ombudsman, governmental departments, local and international tax authorities;
- trustees, Executors or Curators appointed by a court of law;
- our service providers, agents and sub-contractors like couriers and other persons we use to offer and provide products and services to you;
- courts of law or tribunals;
4. When will we process your personal information?
We will only process this personal information for lawful purposes relating to our business if the following applies:
- If you have consented thereto
- If a person legally authorised by you, the law or a court, has consented thereto
- If it is necessary to conclude or perform under a contract we have with you
- If the law requires or permits it
- If it is required to protect or pursue your, our or a third party’s legitimate interest
5. Why we process your personal information?
We will process your personal information for the following reasons:
- to provide you with products, goods and services;
- to market our products, goods and services to you;
- to respond to your enquiries and complaints;
- to comply with legislative, regulatory, risk and compliance requirements (including directives, sanctions and rules), voluntary and involuntary codes of conduct and industry agreements or to fulfil reporting requirements and information requests;
- to conduct market and behavioural research, including scoring and analysis to determine if you qualify for products and services or to determine your credit or insurance risk;
- to develop, test and improve products and services for you;
- for historical, statistical and research purposes, like market segmentation;
- to process payment instruments;
- to create, manufacture and print payment advice;
- to enable us to deliver goods, documents or notices to you;
- for security, identity verification and to check the accuracy of your personal information;
- to communicate with you and carry out your instructions and requests;
- for customer satisfaction surveys, promotional offerings.
- to enable you to take part in and make use of value-added products and services;
- to assess our lending and insurance risks; and / or
- for any other related purposes.
6. Is the supply of the personal voluntary or mandatory?
The supply of certain personal information is mandatory, meaning we have to collect this personal information from you by law. If you do not supply this information, we cannot comply with our legal obligations. In this regard, if you do not supply certain personal information we cannot do business with you.
In other instances the supply of personal information is voluntary, which means there is no law opposed on us to collect this personal information. Even though there is no law that imposes the collection of the personal information, we require the personal information to deliver the products and/or services to you.
7. Will we transfer your information to other countries?
We will transfer your personal information to a third party in a foreign country, upon your consent to do so. Your personal information will be afforded the same level of protection it enjoys in South Africa.
8. When, how and with whom will we share your personal information?
In general we will only share your personal information if any one or more of the following apply:
- If you have consented to this
- If it is necessary to conclude or perform under a contract we have with you
- If the law requires it; and / or
- If it’s necessary to protect or pursue your, our or a third party’s legitimate interests
We will share your personal information with the following persons, who have an obligation to keep your personal information secure and confidential:
- Other members of the Company, its associates, cessionary, delegates, assigns, affiliates or successors in title and / or appointed third parties (like its authorised agents, partners, contractors and suppliers) for any of the purposes identified in this Data Protection Policy
- Our employees as required by their employment conditions
- Attorneys, tracing agents, debt collectors and other persons that assist with the enforcement of agreements
- Payment processing services providers, merchants, banks and other persons that assist with the processing of your payment instructions, like 3rd party EFT service providers
- Law enforcement and fraud prevention agencies and other persons tasked with the prevention and prosecution of crime
- Regulatory authorities, industry ombudsmen, governmental departments, local and international tax authorities and other persons the law requires us to share your personal information with
- Our service providers, agents and sub-contractors like couriers and other persons we use to offer and provide products and services to you
- Persons to whom we have ceded our rights or delegated our obligations to under agreements, like where a business is sold
- Courts of law or tribunals that require the personal information to adjudicate referrals, actions or applications;
- Trustees, Executors or Curators appointed by a court of law
9. What duties and rights do you have?
You have the right to request access to the personal information we have about you by contacting us. This includes requesting:
- Confirmation that we hold your personal information
- A copy or description of the record containing your personal information; and
- The identity or categories of third parties who have had access to your personal information
You must provide proof of identity when enforcing these rights.
You must inform us when your personal information changes.
We will attend to requests for access to personal information within a reasonable time. You may be required to pay a reasonable fee to receive copies or descriptions of records, or information about third parties. We will inform you of the fee before attending to your request.
Please note that the law may limit your right to access information.
You have the right to request us to correct or delete the personal information we have about you if it is inaccurate, irrelevant, excessive, out of date, incomplete, misleading, obtained unlawfully or we are no longer authorised to keep it. You must inform us of your request in writing. We may request documents from you to verify the change in personal information.
A specific agreement that you have entered into with us may determine how you must change your personal information provided at the time when you entered into the specific agreement. Please adhere to these requirements. If the law requires us to keep the personal information, it will not be deleted upon your request. The deletion of certain personal information may lead to the termination of your relationship with us.
You may object on reasonable grounds to the processing of your personal information.
We will not be able to give effect to your objection if the processing of your personal information was and is permitted by law; you have provided consent to the processing and our processing done according to your consent or the processing is necessary to conclude or perform under a contract with you.
You must inform us of any objection in writing.
Where you have provided your consent for the processing of your personal information, you may withdraw your consent. If you withdraw your consent we will explain the consequences to you. We may proceed to process your personal information even if you have withdrawn your consent if the law permits or requires it.
You have a right to file a complaint with us or any Regulator with jurisdiction about an alleged contravention of the protection of your personal information by us. We will address your complaint as far as possible.
The contact details for the Information Regulator is as follows:
- Email: Complaints.IR@justice.gov.za
- Postal Address: P.O. Box 31533, Braamfontein, Johannesburg, 2017
- Physical Address: JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001.
10. How can you get in touch with us?
For any queries in relation to this letter or our processing of your persona information in general, you can contact our Information Officer and/or Deputy Information Officer at the following details:
- Name: Deborah Snyman
- Contact Number: +27 39 685 7010
- Email Address: firstname.lastname@example.org
- Physical Address: Lot 17, Izotsha Road, Marburg, Port Shepstone, 4252
Pieter de Bruin
Chairman of the Genesis Trust Board of Trustees