Privacy policy
WEINIT BSG PRIVACY POLICY
Version 1.0 – 1 September 2022
1. INTRODUCTION
o WEINIT BSG (Pty) Ltd, t/a Family Tree Advisory, and its related companies (hereafter referred to as WEINIT BSG) respects your (“you/your/data subject”) right to privacy and is committed to the protection thereof. This Privacy Policy explains how we process the Personal Information we collect from you and informs you of your rights in terms of the Protection of Personal Information Act, Act No.4 of 2013 (“POPIA”).
o Accordingly, this Privacy Policy explains, amongst other things:
o What Personal Information WEINIT BSG collects;
o For what purpose WEINIT BSG collects Personal Information;
o How WEINIT BSG collects Personal Information;
o How long WEINIT BSG retains Personal Information; and
o Your rights as a data subject.
o By the usage of our products, services, and our websites, supplying goods and/or services to WEINIT BSG, or applying for employment at WEINIT BSG and submitting any information to WEINIT BSG, you acknowledge and agree that such conduct constitutes unconditional, specific, and voluntary consent to the processing of your Personal Information in accordance with this Privacy Policy, whether by automatic means or not.
o This Privacy Policy should be read in conjunction with the POPIA and its Regulations, where applicable.
o This Privacy Policy applies to all companies within the WEINIT BSG which are domiciled in South Africa, which are as follows (the legal entity that collects Personal Information from you or that determined the purpose for the processing of your Personal Information will be the responsible party for your Personal Information):
o Company Name Registration Number: 2021/407996/07
2. DEFINITIONS
o Personal Information
o Personal information is any information that can be used to reveal a person’s identity. Personal information relates to an identifiable, living, natural person, and where applicable, an identifiable, existing juristic person (such as a company), including, but not limited to information concerning:
o race, gender, sex, pregnancy, marital status, national or ethnic origin, colour, sexual orientation, age, physical or mental health, disability, religion, conscience, belief, culture, language and birth of a person;
o information relating to the education or the medical, financial, criminal or employment history of the person;
o any identifying number, symbol, email address, physical address, telephone number, location information, online identifier or other particular assignment to the person;
o the biometric information of the person;
o the personal opinions, views or preferences of the person;
o correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;
o the views or opinions of another individual about the person;
o the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person.
o Data Subject
o This refers to the natural or juristic person to whom personal information relates, such as an individual client, customer or a company that supplies WEINIT BSG with products or other goods.
o Responsible Party
o The responsible party is the entity that needs the personal information for a particular reason and determines the purpose of and means for processing the personal information. In this case, WEINIT BSG is the responsible party.
o Operator
o An operator means a person or company who processes personal information for a responsible party in terms of a contract or mandate, without coming under the direct authority of that party. For example, a third-party service provider that has contracted with WEINIT BSG to shred documents containing personal information. When dealing with an operator, it is considered good practice for a responsible party to include an indemnity clause.
o Information Officer
o The Information Officer is responsible for ensuring WEINIT BSG’s compliance with POPIA.
o Where no Information Officer is appointed, the head of WEINIT BSG will be responsible for performing the Information Officer’s duties.
o Once appointed, the Information Officer must be registered with the South African Information Regulator established under POPIA prior to performing his or her duties. Deputy Information Officers can also be appointed to assist the Information Officer.
o Processing
o The act of processing information includes any activity or any set of operations, whether by automatic means or not, concerning personal information and includes:
o the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use;
o dissemination by means of transmission, distribution or making available in any other form; or
o merging, linking, as well as any restriction, degradation, erasure, or destruction of information.
o Record
o Means any recorded information, regardless of form or medium, including:
o Writing on any material;
o Information produced, recorded or stored by means of any tape-recorder, computer equipment, whether hardware or software or both, or other device, and any material subsequently derived from information so produced, recorded or stored;
o Label, marking or other writing that identifies or describes anything of which it forms part, or to which it is attached by any means;
o Book, map, plan, graph or drawing;
o Photograph, film, negative, tape or other device in which one or more visual images are embodied to be capable, with or without the aid of some other equipment, of being reproduced.
o Filing System
o Means any structured set of personal information, whether centralised, decentralised or dispersed on a functional or geographical basis, which is accessible according to specific criteria.
o Unique Identifier
o Means any identifier that is assigned to a data subject and is used by a responsible party for the purposes of the operations of that responsible party and that uniquely identifies that data subject in relation to that responsible party.
o De-Identify
o This means to delete any information that identifies a data subject, or which can be used by a reasonably foreseeable method to identify, or when linked to other information, that identifies the data subject.
o Re-Identify
o In relation to personal information of a data subject, means to resurrect any information that has been de-identified that identifies the data subject, or can be used or manipulated by a reasonably foreseeable method to identify the data subject.
o Consent
o Means any voluntary, specific, and informed expression of will in terms of which permission is given for the processing of personal information.
o Direct Marketing
o Means to approach a data subject, either in person or by mail or electronic communication, for the direct or indirect purpose of:
o Promoting or offering to supply, in the ordinary course of business, any goods or services to the data subject; or
o Requesting the data subject to donate any kind for any reason.
o Biometrics
o Means a technique of personal identification that is based on physical, physiological, or behavioural characterisation including blood typing, fingerprinting, DNA analysis, retinal scanning, and voice recognition.
3. PRINCIPLES
o WEINIT BSG has implemented the following approach concerning Personal Information:
o To be transparent in its standard operating procedures that govern the collection and processing of Personal Information;
o To comply with all applicable legal and regulatory requirements regarding the processing of Personal Information;
o To collect Personal Information by lawful and transparent means and to process Personal Information in a manner compatible with the purpose for which they were collected;
o To strive to keep personal Information accurate, complete and up-to-date and reliable for their intended use;
o To develop reliable, safe and sustainable means of protecting the Personal Information of individuals whether physical or digitally so as to prevent leakage, loss, alteration or misuse of said information;
o When consigning to outside entities for the protection of said information, WEINIT BSG will only select those with the ability to safeguard and manage the said information.
o This policy will be made known to WEINIT BSG’s customers, employees or prospective employees, suppliers, and service provider; and
o WEINIT BSG will strive to continuously improve this policy and all other systems for the protection of Personal Information to adapt to a changing environment or according to legal needs.
4. PERSONAL INFORMATION COLLECTED BY WEINIT BSG
o Personal information is defined by POPIA as information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to:
o Information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person;
o Information relating to the education or the medical, financial, criminal or employment history of a person;
o Any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person;
o The fingerprints or other biometric information of the person;
o The personal opinions, views or preferences of the person;
o Correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the content of the original correspondence;
o The view or opinions of another individual about the person; and
o The name of the person if it appears with other Personal Information relating to the person or if the disclosure of the name itself would reveal information about the
o CCTV footage at company premises and other video recordings, photos or audio recordings
o Depending on the type of business we conduct with you or the relationship you have with us, we may process any of the types of Personal Information as defined above, although it will only be processed in so far as it is adequate, necessary, relevant, and not excessive in relation to the purposes for which it is required.
5. PURPOSE FOR WHICH PERSONAL INFORMATION IS COLLECTED BY WEINIT BSG
o Primarily, we use your Personal Information to conduct business activities to conclude a contract or transaction with you and to carry out the obligations in terms of that contract or transaction.
o The purpose for which we use your Personal Information is ultimately dependent on our relationship with you and will include amongst others:
o When you are a client:
o Identify you and conduct appropriate checks, audits and procedures;
o Administer and manage our products and services we offer to you;
o Address and resolve client complaints;
o Marketing and promotions (including contacting you for such purposes);
o Participation in promotional competitions;
o Provision of access to WEINIT BSG’s premises; and
o Get a better understanding of you, your needs and how you interact with us, so we can engage in product and service research, development and business strategy including managing the delivery of our services and products via the ways we communicate with you.
o When you are a supplier or service provider:
o Identify the company and conduct appropriate checks, audits, due diligence and procedures;
o Payment for the goods and/or services acquired and used;
o Communication in relation to the goods and/or services supplied;
o Review, compare and evaluate the goods and/or services supplied;
o Record keeping in accordance with the applicable legislation;
o Performance of the parties’ respective obligations under the applicable agreement for the supply of the goods and/or services.
o When you are an employee or prospective employee:
o Identify you and conduct appropriate checks, audits and procedures;
o Payment of employment benefits and related deductions;
o Record keeping and reporting in accordance with the applicable legislation;
o Contacting purposes;
o Provision of access to WEINIT BSG’s premises (including premises with CCTV);
o Review and evaluate your work experience and qualifications; and
o Recruitment purposes.
o When you are a user of our online services:
o Register, contact and support you to login and use online services and technologies including when you log a helpdesk ticket or request support;
o Confirm and verify your identity or to verify that you are an authorised user for security purposes;
o Track your usage of the service, generate reports, calculate statistics and develop analytics;
o Send you email and other electronic communication where you are a member of our online communities;
o Audit and record keeping purposes.
o Further to above, we may use your Personal Information to:
o Pursue our legitimate interests such as to manage our company, compile reports and statistical analysis;
o Comply with requests for information from any internal or external auditor, or any regulatory body;
o Provide you with information about our products and services from time to time via email, telephone or other means (see Marketing section below);
o Meet legal and regulatory requirements to which we may be subject;
o Use in connection with legal proceedings; and
o Assist with any criminal or similar investigation.
o WEINIT BSG may share your Personal Information with the following third parties:
o Those required to meet our transactional or contractual obligations to you (such as transporters for the delivery of goods purchased from us);
o Operators used by us to provide services to you, implement security and privacy measures and other uses;
o WEINIT BSG’s external auditors; and
o Regulators, governments, and law enforcement authorities.
o Where WEINIT BSG shares your Personal Information with the above third parties, the latter will be obliged to use that personal information for the reasons and purposes it was disclosed for. To this end, we have agreements in place with these third parties to ensure this.
o Your Personal Information may also be stored in cloud storage or through the use of any of our websites and may therefore be transferred or processed outside of the Republic of South Africa. Any disclosures of your Personal Information to third parties outside South Africa are done in line with the requirements set out in section 72 of POPIA.
o Unless you have consented, WEINIT BSG will not sell, exchange, transfer or otherwise make available any personal information about you to any other parties and you indemnify WEINIT BSG from any unintentional disclosure of such information to unauthorised persons.
o You may refuse to provide us with your Personal Information in which case it is likely that we will not be able to meet our obligations to you or would have to terminate our relationship.
6. HOW WEINIT BSG COLLECTS PERSONAL INFORMATION
o WEINIT BSG collects Personal Information in the following manner:
o Directly from you: We collect most Personal Information directly from you, for example capturing of details at point of sale, when using our online services and on applications for employment positions.
o From third parties: Occasionally we will collect, or process Personal Information obtained from third party sources or sources in the public domain, such as credit and fraud checks. We will inform you prior to conducting credit and fraud checks.
7. MARKETING
o If you are a past or current client, we may contact you from time to time to inform you of products or services like those you have purchased from us before. We may also provide you with other material including newsletters with appropriate content as a value-add client experience.
o We may share your Personal Information between companies in the WEINIT BSG, so that they may offer you their products and services.
o You may object to the above at any point by following the steps as set out in the direct marketing you receive or by contacting our office.
8. RETENTION PERIOD OF PERSONAL INFORMATION
o In accordance with POPIA, WEINIT BSG will keep your Personal Information on record for as long as:
o It is legally obliged to do so;
o A contract or agreement with you requires us to keep it;
o You have consented to us keeping it;
o We reasonably require it to achieve the purpose set out in the terms of transaction or contract with you;
o We require it for legitimate business purposes; or
o There is ongoing litigation, investigation or tax or other regulatory query relating to the Personal Information.
9. YOUR RIGHTS AS A DATA SUBJECT
o As a data subject you have a legal right in terms of POPIA to:
o Request access to your Personal Information;
o Request correction and/or deletion of your Personal Information;
o Request the restriction of or object to the processing of your Personal Information;
o Withdraw your consent to the processing of your Personal Information;
o Withdraw your consent to receiving marketing messages from us; and
o Complain to the Information Regulator as set out below.
o For further information on how to exercise these rights, please refer to our PAIA manual which is available on our website at https://futurent.com/paia-manual/
o Important to note with regards to your rights is the following:
o We will require adequate proof of identification from you prior to responding to you (which we will do within a reasonable time);
o We will correct or delete information unless we are required or entitled to keep such information under applicable laws, in which case we will inform you.
o If we believe information does not require correction, we will provide you with credible reasoning for such.
10. COOKIES
o Our websites make use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which we may use) to recognise repeat users, facilitate the user’s on-going access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content, and to display more focused advertising to a user by way of third-party tools. The type of information collected by cookies is not used to personally identify you. If you do not want information collected using cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Please note that cookies may be necessary to provide you with certain features available on our website, and thus if you disable the cookies on your browser, you may not be able to use those features, and your access to our websites will therefore be limited.
11. SECURITY BREACHES
o WEINIT BSG has implemented appropriate technical and structural security measures to protect Personal Information that is in its’ possession against accidental or illegal damage, loss, modification, unauthorised disclosure, or unauthorised access, in accordance with applicable laws. Despite these measures, you acknowledge that Personal Information may be accessed by an unauthorised third party (for e.g., because of criminal activity).
o In the event of a data breach leading to the accidental or illegal damage, loss, modification, unauthorised disclosure, or any unauthorised access to any Personal Information that has been transmitted, stored, or otherwise processed by WEINIT BSG, the company has the relevant instruments and policies in place to cater for and assess the details relating to any such data breach in a prompt and efficient manner. WEINIT BSG will notify you of such data breach as soon as possible in accordance with POPIA.
o As stated above, when we contract with third parties, we conclude agreements with them in terms of which we impose appropriate security, privacy, and confidentiality obligations on them to ensure that personal information is kept secure.
o Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is because of our gross negligence.
o If you disclose your personal information to a third party, such as an entity that operates a website linked to our website or anyone other than the WEINIT BSG, WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because we do not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.
12. THE INFORMATION REGULATOR
o Should you wish to lodge a complaint with the Information Regulator related to this Privacy Policy, you may do so in the prescribed manner and form.
o The address of the Information Regulator is as follows:
o The Information Regulator (South Africa), JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2017
o POPIA Complaints email: IR@justice.gov.za
o PAIA Complaints email: IR.@justice.gov.za
o General enquiries email: inforeg@justice.gov.za
13. UPDATE S TO THE PRIVACY POLICY
o This Privacy Policy has been reviewed and approved by WEINIT BSG’s Information Officer and is subject to change without prior notice. The most current policy will be available at any time on one of WEINIT BSG’s websites.
14. CONTACT US
o Should you have any questions, concerns or requests related to this Privacy Policy, please contact WEINIT BSG’s Information Officer
o Telephone: XXXXXXXXXXX
o Email: pr@yesweinit.com
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