PRIVACY NOTICE AND INFORMED CONSENT NOTICE
CONSENT TO PROCESS PERSONAL INFORMATION IN TERMS OF THE PROTECTION OF INFORMATION ACT, 4 OF 2013 (POPIA) (EMAIL, WEBSITE AND SOCIAL MEDIA PRIVACY NOTICE)
The Protection of Personal Information Act, 4 of 2013 (POPIA) gives effect to the constitutional right to data privacy in terms of Section 14 of the Bill of Rights of the Constitution. The responsible use of the SAIGA website and related resources in respect of data privacy is important to SAIGA.
Whilst SAIGA is committed to protecting all person’s rights to privacy and who in consequence will ensure that all person’s Personal Information is used appropriately, transparently, and according to applicable law, SAIGA will ensure that these rights to privacy are balanced with other rights such as the right to use and have access to the SAIGA Information and Services including its online and social media platforms and applications.
SECTION 1: INTRODUCTION
SAIGA will carry out its aims and objectives as a professional body, does, and will, on an ongoing basis receive, provide, and process Personal Information.
In terms of the Protection of Personal Information Act, 4 of 2013 (POPIA) everyone has the right to privacy, including the right to the lawful collection, retention, dissemination and use of one’s Personal Information.
To give effect to this right, SAIGA has a duty to provide any person whose Personal Information is processed by the Institute, (known as a “Data Subject”) with several details pertaining to the use of and subsequent processing of the Data Subject’s Personal Information before such Personal Information may be used or processed by SAIGA.
In accordance with this requirement, SAIGA sets out below:
- The reasons why the Institute will have to process a Data Subject’s Personal Information,
- The conditions under which the Institute will receive and use a Data Subjects Personal Information,
- How SAIGA will use and handle this Personal Information, and
- The conditions under which the Institute will provide its own Personal Information.
SECTION 2: ACCOUNTABILITY
Accordingly, the relevant data privacy principles relating to the processing of Personal Information, whether that belonging to SAIGA or to a data subject (including, but not limited to, the collection, handling, transfer, sharing, correction, storage, archiving and deletion) will apply without exception, save where POPIA provides for such an exception, to all and any Personal Information provided by SAIGA to another or received by SAIGA as a result of the use of SAIGA’s electronic platforms and facilities.
SECTION 3: AGREEMENT TO BE BOUND AND CONSENT TO PROCESS
By accessing or using the SAIGA electronic platforms and facilities including all website and URL’s, any sites hosted under its domain name and / or social media platforms, and / or when sending or receiving emails using the SAIGA email, the Data Subject:
SECTION 4: RECEIPT, USE AND SHARING OF PERSONAL INFORMATION BY THE SAIGA
SAIGA will receive Personal Information pertaining to a Data Subject when the Data Subject submits an application to become a SAIGA member, a query or request via the SAIGA electronic platforms or facilities, including via its website, or by way of email, telephone or via social media.
On receipt of the application or query, SAIGA will thereafter use and process the Data Subject’s Personal Information for the purpose of the query and for a variety of related purposes, which will all depend on the application or query / request, and which without detracting from the generality thereof may include:
- For the processing and maintenance of membership administration
- For the purposes of identifying and / or verifying the Data Subject’s details
- For the purposes of providing information, products and / or services or details in connection therewith or pertaining thereto, that the Data Subject, may have requested
- To enrol the Data Subject as a service provider
- For employment application purposes
- For the purpose of concluding an employment relationship with an applicant
- For the purposes of managing any information pertaining to the Data Subject
- For further processing or general administration purposes
- For legal or contractual purposes
- To help SAIGA improve the quality of the Institute’s offerings and services
- For the purposes of recovering unpaid monies and / or any other amount due to SAIGA
- For the purpose of debt collection
- For the purposes of research, analytical and statistical purposes
- For the purpose of carrying out analysis and consumer / customer profiling
- For the purposes of identify other products and services which might be of interest to the Data Subjects
- For the purposes of informing a Data Subject about SAIGA products and services
In order to correctly handle any request or query, and in order to perform the purposes described above, SAIGA may from time to time share a Data Subject’s Personal Information with the following parties:
- SAIGA employees, which will only be done on a need-to-know basis
- SAIGA carefully selected stakeholders who provide products and services which may be of benefit to a Data Subject which will only be done on a need-to-know basis
- SAIGA service providers who perform services on behalf of the Institute which will only be done on a need-to-know basis and in terms of agreement of service.
SAIGA does not share a Data Subject’s Personal Information with any third parties who have not been described above, unless:
- SAIGA is legally obliged to provide such information to another party for legal or regulatory purposes
- SAIGA is required to do so for purposes of existing or future legal proceedings
- The onward transmission or sharing of Personal Information is necessary for the pursuance or protection of the Institute’s legitimate interests or that of the Data Subject or a third party
- Under all of the abovementioned circumstances, SAIGA will take reasonable measures to ensure that such Personal Information is only provided to the recipient, if such recipient undertakes to keep the Personal Information confidential and secure.
Where SAIGA must transfer the Data Subject’s Personal Information across the South African borders, the Institute will before it does so, ensure that the recipient thereof agrees to be bound by POPIA under and in terms of a set of binding corporate rules or binding agreements that provide an adequate level of protection and uphold the principles for the reasonable and lawful processing of such Personal Information.
SECTION 5: RECEIPT, USE AND SHARING OF THE SAIGA PERSONAL INFORMATION
SAIGA on receipt and in response to a query or request received from a Data Subject, referred to under section 5 above, may transmit via its website, or by way of email, SMS, telephone or via social media, its own Personal Information, which Personal Information on receipt by the requesting or receiving party, may only be used for the purpose relating to the initiating of the request or query and for no other purpose.
Furthermore, the recipient undertakes that it will not use this Personal Information for any other purpose or share this information with any other party, save where it has been given express permission to do so by SAIGA.
SECTION 6: INFORMATION QUALITY/OPENNESS/DATA SUBJECT PARTICIPATION
Whilst SAIGA will make all efforts to ensure the integrity and accuracy of a Data Subject’s Personal Information, this may always not be possible. Following this, the Data Subject accepts the responsibility for keeping his / her or its Personal Information up to date and undertakes to inform SAIGA of any changes to his / her and its Personal Information by logging to their profile and updating the information.
A Data Subject has a right of access to any Personal Information which SAIGA may have and where applicable may ask SAIGA to correct any inaccuracies in or to any such Personal Information. Any access request must be done by way of a formal SAIGA PAIA process, which is accessible on https://www.saiga.co.za/saiga/contact/
SECTION 7: SECURITY OF PERSONAL DATA
SAIGA makes all reasonable efforts to keep its social media and electronic platforms including its website to be secured at all times.
However, SAIGA advises that it cannot guarantee the security of any information provided to SAIGA or by SAIGA through the SAIGA website, e-mail, internet, or social media sites. Following this, SAIGA cannot be held responsible for any loss or unauthorised use, or interception of information transmitted via these social media and electronic platforms or sites, including its Internet, which is beyond the SAIGA reasonable control.
- The SAIGA website may contain links to other websites outside of SAIGA control. SAIGA is not responsible for the content, privacy, or security of these other third party-controlled websites.
- SAIGA makes use of social plugins of social networks such as Facebook, YouTube, LinkedIn, Google+, Instagram and Twitter. Please note that SAIGA has no influence on or control over the extent of the data retrieved by the social networks’ interfaces and SAIGA can accordingly not be held responsible or liable for any processing or use of Personal Information transmitted via these social plugins.
- For information on purpose and extent of the data retrieval by the social network concerned, and about the rights and settings which are available for you to access for the protection of your private information, please refer to the data protection information provided by the social network in question.
- Note that all SAIGA social media and electronic platforms including its website and telephone facilities and your use of them will be monitored on a regular basis including the recording and interception of content placed on or stored on said facilities which is done for security, integrity and quality assessment purposes and by using such electronic platforms and facilities you expressly acknowledge notice of such monitoring and interception and give consent thereto in accordance with the Regulation of Interception of Communications and Provision of Communication-Related Information Act 70 of 2002 (“RICA”).
- Subject to the provisions above, SAIGA has implemented the appropriate technical and organisational security measures which are required in order to protect all Personal Information and related data which it holds from and / or against unauthorised access, accidental or deliberate manipulation, loss or destruction.
SECTION 8: THIRD PARTY INFORMATION
If a Data Subject provides SAIGA with Personal Information on behalf of another, SAIGA will not be able to process the query or request unless such query or request is accompanied with the required permission and consent from the owner of that Personal Information.
SECTION 9: CONTACT DETAILS
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at email@example.com or telephone (012) 004 0741 or by mail using the details provided below:
5 Bauhinia Street
Cambridge Office Park Building 10
Centurion, Gauteng, 0157
SECTION 10: REVISION OF POLICIES
SAIGA reserve the right to and may from time to time update this Privacy Notice. Any such revision will be published as an amended version on the SAIGA website.
Following this, any change to this Policy will be posted as an updated version and readers are advised to visit and re-read this policy on a regular basis.