SUMMARY

The purpose of the Protection of Personal Information Act, 4 of 2013 (POPIA) is to promote the protection of personal information being processed by public and private bodies and to introduce certain conditions for the lawful processing of personal information.

MacAfrica ensures the personal information of its clients are protected and lawfully processed.

Purpose

The purpose of POPIA as it pertains to the MACAFRICA is to –

“(a) give effect to the constitutional right to privacy, by safeguarding personal information when processed by a responsible party, subject to justifiable limitations that are aimed at-

(i) balancing the right to privacy against other rights, particularly the right of access to information;”

POPIA must be interpreted in such a manner that –

“does not prevent any public or private body form exercising or performing its powers, duties and function in terms of the law as far as such powers, duties and functions relate to the processing of personal information and such processing is in accordance with this Act or any other legislation”

PRIVACY POLICY in terms of the PROTECTION OF PERSONAL INFORMATION ACT, 4 OF 2013

This policy explains how we obtain, process and disclose the personal information of individuals and juristic persons in accordance with the requirements of the Protection of Personal Information Act (“POPIA“).

At MACAFRICA we are committed to protecting our clients’ privacy and to ensure that personal information is collected, processed and disclosed (where applicable) properly, lawfully and transparently.

About MACAFRICA:

MacAfrica was registered May 2024.  In order to perform its functions for company assignee services, it is necessary to collect, process and disclose in some instances the personal information of natural and juristic persons.

Reasons for collection and retention of personal information:

(a) To gather contact information of an identifiable, living, natural person and where applicable an identifiable, existing juristic person;

(b) To confirm and verify the identity of a natural person (ID numbers) or juristic person (registration numbers) or to verify that a person (i.e. third parties) are an authorized user of the MACAFRICA systems, processes, website, etc.

(c) For the detection and prevention of fraud, criminal activities, money laundering or any other malpractice based in dishonesty;

(e) To conduct customer satisfaction, trend development, statistical purposes and historical research or to allow for such research activities to be conducted making use of the MACAFRICA data;

Disclosure of information

Definitions:

Personal data: any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person

Processing: any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction

Controller: the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data

• The legal basis for processing personal data is clear and unambiguous
• All staff involved in handling personal data understand their responsibilities for following good data protection practice
• Training in data protection has been provided to all staff
• Rules regarding consent are followed
• Routes are available to data subjects wishing to exercise their rights regarding personal data and such enquiries are handled effectively
• Regular reviews of procedures involving personal data are carried out
• Privacy by design is adopted for all new or changed systems and processes
• These actions are reviewed on a regular basis as part of the management process concerned with data protection.

Principles Relating to Processing of Personal Data

Personal data shall be:

• processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’)
• collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall, in accordance with Article 89(1), not be considered to be incompatible with the initial purposes (‘purpose limitation’)
• adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’)
• accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’)
• kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes subject to implementation of the appropriate technical and organisational measures in order to safeguard the rights and freedoms of the data subject (‘storage limitation’)
• processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures (‘integrity and confidentiality’).

It is MacAfrica’s policy to comply with these principles both in the processing it currently carries out and as part of the introduction of new methods of processing such as new IT systems.

Rights of the Individual

• The right to be informed
• The right of access
• The right to rectification
• The right to erasure
• The right to restrict processing
• The right to data portability
• The right to object
• Rights in relation to automated decision making and profiling.

Each of these rights are supported by appropriate procedures within MacAfrica that allow the required action to be taken within the timescales stated in the POPIA act.

Lawfulness of Processing

There are six alternative ways in which the lawfulness of a specific case of processing of personal data may be established under the POPIA. It is MacAfrica policy to identify the appropriate basis for processing and to document it, in accordance with the Regulation.

• Consent:Unless it is necessary or otherwise permitted for a reason allowable in the POPIA, MacAfrica will obtain explicit consent from a data subject to collect and process their data. Transparent information about our usage of their personal data will be provided to data subjects at the time that consent is obtained and their rights with regard to their data explained, such as the right to withdraw consent. This information will be provided in an accessible form, written in clear language and free of charge. If the personal data are not obtained directly from the data subject, then this information will be provided to the data subject within a reasonable period after the data are obtained and definitely within one month.
• Performance of a Contract: Where the personal data collected and processed are required to fulfil a contract with the data subject, explicit consent is not required. This will often be the case where the contract cannot be completed without the personal data in question e.g. a delivery cannot be made without an address to deliver to.
• Legal Obligation: If the personal data is required to be collected and processed in order to comply with the law, then explicit consent is not required. This may be the case for some data related to employment and taxation for example, and for many areas addressed by the public sector.
• Vital Interests of the Data Subject:If the personal data is required to protect the vital interests of the data subject or of another natural person, then this may be used as the lawful basis of the processing.
• Task Carried Out in the Public Interest: Where MacAfrica needs to perform a task that it believes is in the public interest or as part of an official duty then the data subject’s consent will not be requested.
• Legitimate Interests:If the processing of specific personal data is in the legitimate interests of MacAfrica and is judged not to affect the rights and freedoms of the data subject in a significant way, then this may be defined as the lawful reason for the processing.

Privacy by Design MacAfrica has adopted the principle of privacy by design and will ensure that the definition and planning of all new or significantly changed systems that collect, or process personal data will be subject to due consideration of privacy issues.

Contracts Involving the Processing of Personal Data: MacAfrica will ensure that all relationships it enters into that involve the processing of personal data are subject to a documented contract that includes the specific information and terms required by the POPIA.

Breach Notification: It is MacAfrica to, where a breach is known to have occurred which is likely to result in a risk to the rights and freedoms of individuals, the relevant supervisory authority will be informed within 72 hours.

Addressing Compliance to the POPIA: The following actions are undertaken to ensure that MacAfrica complies at all times with the accountability principle of the POPIA:

The information we collect:

In terms of the Companies Act, section 187 in toto, and specifically subsection (4), the How the MACAFRICA processes the personal information collected:

The personal information of natural persons and where applicable juristic persons, will be used for the purpose for which it is collected. In addition, thereto, where necessary, information will be retained for legal, research and governance purposes.

We collect information from you when you register on our site or fill out a form, as well as via other means such as email and telephonic in the performance of our services.

When registering on our site, as appropriate, you may be asked to enter your: Name, e-mail address, mailing address or phone number.

Google, as a third party vendor, uses cookies to serve ads on your site. Google’s use of the DART cookie enables it to serve ads to your users based on their visit to your sites and other sites on the Internet. Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy.

What do we use your information for?

Any of the information we collect from you may be used in one of the following ways:

To deliver services as authorised

To personalise your experience, (your information helps us to better respond to your individual needs);

To improve our website, (we continually strive to improve our website offerings based on the information and feedback we receive from you);

To improve customer service, (your information helps us to more effectively respond to your customer service requests and support needs);

To send periodic emails.  The email address you provide may be used to send you information, respond to inquiries, and/or other requests or questions.

How do we protect your information?

We implement a variety of security measures to maintain the safety of your personal information when you enter, submit, or access your personal information.

We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Database to be only accessed by those authorised with special access rights to our systems, and are required to? Keep the information confidential.

After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers.

Do we use cookies?

Yes (Cookies are small files that a site or its service provider transfers to your computers hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognise your browser and capture and remember certain information

We use cookies to understand and save your preferences for future visits and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.

If you prefer, you can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies via your browser settings. Like most websites, if you turn your cookies off, some of our services may not function properly. However, you can still place orders over the telephone or by contacting customer service.

Do we disclose any information to outside parties?

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Third party links

Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

Online Privacy Policy Only

This online privacy policy applies only to information collected through our website and not to information collected offline.

Terms and Conditions

Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website at https://j9web.co.za/macafrica

Your Consent

By using our site, you consent to our online privacy policy.

Changes to our Privacy Policy

If we decide to change our privacy policy, we will post those changes on this page.  This policy was last modified on 25 May 2024.

How to contact us

If you have any queries about the personal information that the MACAFRICA processes or need further information regarding our privacy policies and security safeguards, please contact us:

Website: https://j9web.co.za/macafrica
Email: diannecoubrough@gmail.com