- PROTECTION OF PERSONAL INFORMATION ACT 4 OF 2013 (“POPIA”) is aimed at protecting customers and employees’ Personal Information and to give effect to the right to privacy by ensuring that Gold Avenue (Pty) Ltd (“Gold Avenue”) process Personal Information in a fair, responsible and secure manner.
- Gold Avenue is committed to protecting customers, employees and other Data Subjects’ Personal Information and to comply with POPIA as well as the Promotion of Access to Information Act No. 2 of 2000 (“PAIA”).
- In your dealings with Gold Avenue, Gold Avenue will obtain Personal Information about you. This policy sets out the manner in which Gold Avenue will deal with such Personal Information, as well as how Data Subjects can participate in this process in relation to their Personal Information.
Means voluntary, specific and informed expression of will in terms of which permission is given for the processing of Personal Information.
Means the person (natural or juristic) to whom Personal Information relates.
Means the designated compliance officer appointed by Gold Avenue in terms of POPIA.
Means information relating to the Data Subject as defined in the POPIA, which includes but is not limited to:
- Identity and/or passport number
- Contact details and physical address;
- Employment history and salary;
- Financial information;
Please note that above list is not an exclusive list.
Processing / Process of Personal Information
Means any operation or activity or any set of operations, whether by automatic means, concerning Personal Information, including— (a) the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use; (b) dissemination by means of transmission, distribution or making available in any other form; or (c) merging, linking, as well as restriction, degradation, erasure, or destruction of Personal Information.
Means the Information Regulator established in terms of section 39 of POPIA:
SALU Building, 316 Thabo Sehume Street, Pretoria
Ms Mmamoroke Mphelo
Tel: 012 406 4818
Fax: 086 500 3351
Special Personal Information
- The religious or philosophical beliefs, race or ethnic origin, trade union membership, political persuasion, health or sex life / orientation or biometric Personal Information of a Data Subject.
- The criminal behaviour of a Data Subject to the extent that such information relates to:
– The alleged commission by a Data Subject of any offence; or
– Any proceedings in respect of any offence allegedly committed by a Data Subject or the disposal of such proceedings.
Means any person or juristic entity who works for or provides services to or on behalf of Gold Avenue and any other person who assists in carrying out or conducting the business of Gold Avenue on behalf of the Third Party.
- PROCESSING OF PERSONAL INFORMATION
- Gold Avenue will collect and process various information pertaining to its employees, customers and suppliers. The information collected is based on the business of Gold Avenue and will be used for that purpose.
- Gold Avenue requires certain information to conclude its business transactions with its customers, suppliers, service providers and/or any other third party, should a Data Subject fail to provide certain information, Gold Avenue, where possible, shall notify the Data Subject of the consequences and/or prejudice which may incur due to non-disclosure.
- Gold Avenue will process information in a lawful and reasonable manner for the relevant purpose. Gold Avenue will obtain the consent of the Date Subject required for processing information.
- Personal Information will not be obtained longer than necessary, unless required by law or for a lawful purpose related to business of Gold Avenue.
- Gold Avenue may also disclose Personal Information where there is a duty or right to disclose such information in terms of the applicable legislation, to protect the rights of Gold Avenue or in the interest of the Data Subject.
- The Data Subject’s Personal Information shall be processed in terms of POPIA. In terms of POPIA the processing of Special Personal Information is limited and Gold Avenue will only process Special Personal Information if the following applies:
- The Data Subject consented thereto;
- The Personal Information is used by human resources and/or a payroll requirement;
- If the processing is needed to protect a right or required by law;
- if the processing is for statistical or research purposes in line with any applicable legal requirements; and/or
- The Data Subject made such information public.
- THE RIGHT TO ACCESS PERSONAL INFORMATION
- The Data Subject can request that Gold Avenue provide them with the record, or description of their Personal Information held by Gold Avenue or any third party on behalf of Gold Avenue.
- The Data Subject has the right to request that Gold Avenue update, correct or delete its Personal Information on reasonable grounds.
- The Data Subject may object to the processing of Personal Information and provide reasons for the objection to processing the Data Subject’s Personal Information. Gold Avenue will advise the Data Subject of the consequences of the failure to give consent to process the Personal Information.
- SAFEGUARDING PERSONAL INFORMATION
- Gold Avenue shall safeguard the Personal Information acquired by it.
- Gold Avenue has implemented security protocols to prevent the loss or damage, unauthorised destruction of or unlawful access to Personal Information. Gold Avenue shall review the security protocols and processes in place on a regular basis to ensure that Personal Information is secure.
- Should Gold Avenue identity any internal or external risks, Gold Avenue shall take the necessary steps to safeguard the Personal Information and update the security protocols in place.
- UNAUTHORIZED ACCESS TO INFORMATION
- Should any unauthorized access to Personal Information take place, the Regulator shall be notified as well as the Data Subject whose information is affected, if known.
- The employees, contractors and third party’s shall have a duty to immediately report a security breach to the Information Officer appointed by Gold Avenue.
- The Information Officer appointed by Gold Avenue shall be responsible for overseeing the investigation and reporting to the Regulator.
- DIRECT MARKETING
- Information may also be collected for marketing purposes. Gold Avenue may only approach and market its products and services to a Data Subject who has given their consent to same.
- The Data Subject shall be given an opportunity to object to the use of its Personal Information for marketing purposes at the time the information is collected.
- Any communication sent for the purposes of direct marketing will contain the identity of the sender or person on whose behalf the communication has been sent and an address or other contact details to which the recipient may send a request that such communication ceases.
- By using Gold Avenue’s website, you agree that cookies may be forwarded from the relevant website to your device, this will allow Gold Avenue to identity you.
- TRANSFER OF INFORMATION OUTSIDE OF SOUTH AFRICA
- Gold Avenue will not transfer the Personal Information of a Data Subject to a foreign country unless:
- The third party is subject to a law, corporate rules or a binding agreement which provides an adequate level of protection of Personal Information as well as the reasonable processing of Personal Information.
- The Data Subject consents to the transfer.
- The transfer is necessary for the conclusion or performance of a contract between the Data Subject and Gold Avenue, or in the interest of the Data Subject and between Gold Avenue and a third party.
- The transfer is for the benefit of the Data Subject, however it is not reasonably practicable to obtain the consent of the Data Subject, and if it where the Data Subject would be likely to give it.
- INFORMATION OFFICER
Trent Saldsman (0749087814/ email@example.com) appointed as the Information Officer on behalf of Gold Avenue.
All queries, concerns, requests or complaints may be referred to the Information Officer.
The process of a complaint shall be as follows:
- The Complaint is to be reported to the Information Offices immediately.
- The Information Officer shall notify the directors of Gold Avenue.
- The parties concerned shall furnish the Information Officer with representations.
- The Information Officer will report to the Regulator.
- AMENDMENTS TO THIS POLICY
This notice may be amended from time to time.