This policy sets out the basis on which any personal data we collect from our customers/visitors and provided to us.
Please read the following document carefully to understand our views and practices regarding personal information/data and how we will treat it.
INFORMATION THAT WE COLLECT
The following data/information will be collected and processed:
- Information supplied by you. This is information about you that you give us during our engagement by corresponding with us by phone, whatsapp, sms, e-mail or otherwise. The information you give us may include your name, address, e-mail address and phone number; gender, financial and credit card information and other personal details relating to your affairs and circumstances.
- Information from other 3rd Party/sources. We are working closely with third parties (including, for example, expert witnesses, professional advisers, sub-contractors in administrative, technical and payment services, marketing networks and credit reference agencies). We will notify you when we receive information about you from them and the purposes for which we intend to use that information.
HOW WE MAKE USE OF THE INFORMATION
We will only use your personal information when the law allows us to. Most commonly, we will use your personal information in the following circumstances:
- where we need to perform the contract we have entered into with you;
- where we need to comply with a legal obligation;
- where it is necessary for our legitimate interests (or those of a third parties) provided your interests and fundamental rights do not override those interests.
We may also use your personal information in the following situations, which are likely to be rare:
- where we need to protect your interests (or someone else's interests);
- where it is needed in the public interest or for official purposes.
We need all the categories of information in the list above primarily to allow us to perform our contract with you and to enable us to comply with legal obligations. The situations in which we will process your personal information are listed below.
Information you supply to us and how it will be used:
- to carry out our obligations arising from the contract entered into between you and us and to provide you with the legal services that you have instructed us to perform;
- to provide you with information about other services we offer that are similar to those that you have already received or enquired about;
- to provide you, or permit selected third parties to provide you, with information about services we feel may interest you:
- if you are an existing client, we will only contact you by electronic means (e-mail, Whatsapp or SMS) with information about services similar to those which we have previously provided (soft opt-in);
- if you are not a client, we will contact you by electronic means only if you have explicitly consented to this; and
- where we permit selected third parties to use your data, they will contact you by electronic means only if you have explicitly consented to this;
- to notify you about changes to our services; and
- to ensure that content from our site is presented in the most effective manner for you and for your computer.
Information we collect about you, will be used:
- to administer our site and for internal purposes;
- to improve our site to ensure that content is presented in the most effective manner for you and for your computer;
- as part of our efforts to keep our site safe and secure;
- to measure or understand the effectiveness of marketing we serve to you and others, and to deliver relevant marketing to you;
- to make suggestions and recommendations to you and others about services that may interest you or them.
Information we receive from other sources.
We will combine this information with information you give to us and information we collect about you. We will use this information and the combined information for the purposes set out above (depending on the types of information we receive).
Some of the above grounds for processing will overlap and there may be several grounds which justify our use of your personal information.
If you fail to provide personal information
If you fail to provide certain information when requested, we may not be able to perform the contract we have entered into with you and deliver our legal services, or we may be prevented from complying with our legal obligations.
Change of purpose
We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
SHARING YOUR INFORMATION WITH THIRD PARTIES
We may have to share your data with third parties, including other professional advisers, third-party service providers and other related entities. We require third parties to respect the security of your data and to treat it in accordance with the law. If we do, you can expect a similar degree of protection in respect of your personal information.
You agree that we have the right to share your personal information with:
- any member of our group, which means any of our subsidiaries and related entities;
- selected third parties including:
- certain Government departments, executive agencies, public bodies and public authorities;
- professional advisers, expert witnesses, mediators, business partners, agents, associations, suppliers and sub-contractors, but only for the performance of any contract we enter into with you;
- other clients and third parties who are directly or indirectly involved or interested in any transaction or claim (including the other side, their representatives and related parties);
- professional associations and accreditors;
- analytics and search engine providers that assist us in the improvement and optimization of our site; and
- credit reference agencies for the purpose of assessing your credit score where this is a condition of us entering into a contract with you; databases, checks and searches (including for due diligence inquiries, ID verification services, criminal record checks and company checks).
All our third-party service providers and other related entities are required to take appropriate security measures to protect your personal information in line with our policies. We do not allow our third-party service providers to use your personal data for their own purposes. We only permit them to process your personal data for specified purposes and in accordance with our instructions.
We will also disclose your personal information to third parties:
- in the event that we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of such business or assets;
- if Muntstuk.com or substantially all of its assets are acquired by a third party, in which case personal data held by it about its clients will be one of the transferred assets; or
- if we are under a duty to disclose or share your personal data in order to comply with any legal obligation or terms and conditions and other agreements, or to protect the rights, property, or safety of Muntstuk.com, our clients, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
WHERE WE STORE YOUR PERSONAL DATA
All information you provide to us is stored on secure/hosted servers. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
TRANSFERRING INFORMATION OUTSIDE THE EEA
We will only transfer the personal information we collect about you outside the EEA in relation to international clients or when dealing with an international matter where such transfer is necessary in order to perform our contract with you. We will notify you if we intend to transfer your personal information outside of the EEA. This might include transfer to organisations engaged in, among other things, delivery of legal or financial services and by submitting your personal data, you agree to this transfer, storing or processing.
If you require further information about these protective measures, you can request it from our Data Privacy Manager.
We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.
HOW LONG WE RETAIN YOUR PERSONAL DATA
We will only retain your personal information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. As a general rule, we will destroy your personal information 5 years after you cease being a client.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
In some circumstances we may anonymity your personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you.
YOUR RIGHTS OF ACCESS, CORRECTION, ERASURE AND RESTRICTION
Your duty to inform us of changes
It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes at any point in the future.
PROTECTION OF PERSONAL INFORMATION ACT (POPI ACT)
South Africa became a democracy in 1994. This development led to the development of the Bill of Rights which expressly provides for the protection of the right to privacy of individuals.
In South Africa, the right to privacy is protected in terms of both our common law and in section 14 of the Constitution. The common law protects the rights of personality under the broad umbrella of the actio injuriarum . In terms of the common law, the right to privacy is limited by the rights of others and the public interest. The recognition and protection of the right to privacy as a fundamental human right in the Constitution provide an indication of its importance. The constitutional right to privacy is, like its common law contemporary, not an absolute right but may be limited in terms of our law of general application and has to be balanced with other rights entrenched in the Constitution.
The South African Law Reform Commission was tasked to develop legislation that will give effect to the Constitutional right to privacy and this process resulted in the Protection of Personal Information Act or POPI Act which will become effective on a date still to be determined. Processing of personal information must meet the requirements of the Act within one year after the commencement of the Act.
The POPI Act follows the principles which are established in the European Union Data Privacy Directive and the OECD (Organisation for Economic Co-operation and Development) Guidelines. Many European countries have incorporated these principles in their legislation, and South Africa will now be able to offer similar and adequate legislation which deals with the protection of personal information.
The purpose of the POPI Act is the following:
- To give effect to the constitutional right to privacy by safeguarding personal information when processed by a responsible party.
- To regulate the manner in which personal information may be processed, by establishing conditions, in harmony with international standards that prescribe the minimum threshold requirements for the lawful processing of personal information.
- To provide persons with rights and remedies to protect their personal information from processing that is not in accordance with the Act; and
- To establish voluntary and compulsory measures, including the establishment of an Information Regulator, to ensure respect for and to promote, enforce and fulfill the rights protected by the Act.
WHAT IS MEANT BY “PERSONAL INFORMATION”?
‘‘Personal information’’ means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, and may include the following:
- information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, color, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person
- information relating to the education or the medical, financial, criminal or employment history of the person
- any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignments to the person
- the biometric information of the person
(Biometric information includes a technique of personal identification that is based on physical, physiological or behavioral characterization including blood typing, fingerprinting, DNA analysis, retinal scanning and voice recognition.)
- the personal opinions, views or preferences of the person
- 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
- the views or opinions of another individual about the person
- 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
Both individuals and companies are included in the ambit of “personal information”.
It is not "personal information" if the information is already in the public domain or is not used, or intended to be used, in trade or commerce.
WHAT IS MEANT BY “PROCESSING”?
Processing is any operation or activity or any set of operations, whether or not by automatic means, concerning personal information.
Processing is, therefore, the automated or non-automated activity of collecting, recording, organizing, storing, updating, distributing and even the act of deleting personal information.
WHAT IS MEANT BY “RESPONSIBLE PARTY?”
The “responsible party” is the company or entity that decides what to do with personal information and how to process the information.
WHAT IS MEANT BY “RECORD”?
Record means any information that is recorded in any format that is in the possession or under control of a responsible party, regardless of who made the record and when the record came into existence. Records may include:
- writing on any material
- a book, map, plan, graph or drawing
- information produced, recorded or stored by means of any tape-recorder, computer equipment, whether hardware or software or both or other devices.
The POPI Act applies to the processing of personal information where:
- a responsible party enters the information in a record using automated or non-automated methods. If the recorded information is processed by non-automated means it must be part of a filing system or intended to be part of a filing system.
- a responsible party is domiciled in the RSA or
- if a responsible party is not domiciled in the RSA, BUT uses automated or non-automated methods in the RSA - except if these methods are only used to forward personal information through the RSA
- in the course of purely household or personal activity
- where the information has been sufficiently de-identified and cannot be re-identified again and
- some state functions including criminal prosecutions, national security, etc.
The POPI Act does not apply to the processing of personal information
- in the course of purely household or personal activity
- where the information has been sufficiently de-identified and cannot be re-identified again and
- some state functions including criminal prosecutions, national security, etc.
Certain journalistic, literary and artistic purposes are also excluded from the ambit of the Act.
TRANSBORDER FLOW OF PERSONAL INFORMATION
A responsible party in the Republic may not transfer personal information about a data subject to a third party who is in a foreign country unless certain conditions are met.
THE CONDITIONS FOR LAWFUL PROCESSING OF PERSONAL INFORMATION
The POPI Act sets conditions that any person who processes personal information must comply with and aims to protect the personal information of people. The Act does not aim to stop the free flow of information but creates a balance.
The POPI Act includes eight information protection conditions and the Conditions are subject to exclusions and processing of information is prohibited in certain instances. The conditions are:
- Processing limitation
- Purpose specification
- Further processing limitation
- Information quality
- Security safeguards
- Data subject participation We look at each of these conditions in more detail.
Responsible parties must comply with all the conditions
- when deciding the purpose of processing personal information
- when deciding how the processing will be done
- and while the information is being processed
Personal information of a data subject must be processed lawfully and in a reasonable manner that does not infringe the privacy of the data subject.
In addition to being lawful, only information that is necessary for the purpose of the collection must be processed.
The information that is collected must be adequate and relevant for the purpose, and not more than (excessive) what is required for the purpose.
If a data subject has objected to the processing of personal information; the responsible party may no longer process the personal information and consent may be withdrawn at any time.
Personal information must be collected directly from the data subject except in certain circumstances, for instance where the information is already available in public records or where there is consent to collect the information from another source.
Personal information must be collected for a specific, explicitly defined and lawful purpose related to a function or activity of the responsible party and the data subject must be made aware of the fact that personal information is being collected.
Records of personal information must not be retained any longer than is necessary for achieving the purpose for which the information was collected or subsequently processed.
There are exceptions for non-compliance with this condition.
FURTHER PROCESSING LIMITATION
Further processing of personal information must be compatible with the purpose for which it was collected in the first place.
The responsible party must take reasonably practicable steps to ensure that personal information is complete, accurate, not misleading and updated where necessary. This must be done while the responsible party keeps the purpose for which the information was collected or further processed, in mind.
There are a number of requirements which a responsible party must meet when personal information is collected from a data subject and there are also reasons for non-compliance with this condition. This includes that the responsible party must take reasonably practicable steps to ensure that the data subject is aware of the fact that the information is being collected and where the information is not collected from the data subject, the source from which it is collected.
The responsible party is responsible to secure the integrity and confidentiality of personal information in its possession or under its control. This is done by taking appropriate, reasonable technical and organizational measures to prevent loss of, damage to or unauthorized destruction of personal information; and unlawful access to or processing of personal information.
DATA SUBJECT PARTICIPATION
A data subject has the right to request a responsible party to confirm, free of charge, whether or not the responsible party holds personal information about the data subject – proof of identity must be provided to the responsible party. A record or description of the personal information about the data subject held by the responsible party, including information about the identity of all third parties, or categories of third parties, who have, or have had, access to the information must also be provided to the data subject.—
Data subjects may also request that personal information is corrected.
There is provision for exceptions to the information protection conditions, especially in specific sectors in applicable circumstances. Examples of such exemptions are:
- where banks are required to supply the Department of Trade and Industry with statistics in relation to their lending patterns
- where the data processor has some legitimate interest in processing data.
The Information Regulator may also grant exemptions from the conditions for processing personal information.
RIGHTS OF DATA SUBJECTS AND SPECIAL PERSONAL INFORMATION
The POPI Act sets out specific rights of data subjects.
The rights that data subjects (you and me) have are the following:
- the right to have personal information processed in accordance with the conditions discussed
- the right to be notified that personal information is collected and that it has been accessed by unauthorized persons (for instance where bank accounts have been hacked into)
- the right to establish if a responsible party holds personal information of a data subject and to request access to the information
- the right to request correction, destruction or deletion of personal information
- the right to object to the processing of personal information
- the right not to have personal information processed for purposes of direct marketing by means of unsolicited electronic communications
- the right not to be subject, under certain circumstances, to a decision which is based solely on the basis of the automated processing personal information intended to provide a profile of such person
- the right to submit a complaint to the Regulator regarding the alleged interference with the protection of the personal information of any data subject or to submit a complaint to the Regulator in respect of a determination of an adjudicator
- the right to institute civil proceedings regarding the alleged interference with the protection of his, her or its personal information.
These rights are all subject to certain conditions and in most instances, certain procedures must be followed in exercising these rights.
The POPI Act changed the manner in which consent was regarded for direct marketing purposes and regulates the sending of unsolicited commercial communications with an "opt-in" mechanism for consumers. This means that processing of the personal information of a data subject for the purposes of direct marketing by means of any form of electronic communication is prohibited unless the data subject has specifically consented to the processing; or is a customer of the responsible party doing the marketing.
A responsible party may approach a data subject (who has not previously withheld consent) only once to request consent for processing the data subject's personal information for direct marketing purposes. The data subject's consent must be obtained in the prescribed manner and form.
THE INFORMATION REGULATOR
The POPI Act established a new regulatory body called the Information Regulator. The Information Regulator is, among other things, required to undertake educational programmes for the purpose of promoting the protection of personal information, monitor and enforce compliance by the public and private bodies with the provisions of the Act, receive and handle complaints about alleged violations of the protection of personal information of data subjects.
CODES OF CONDUCT
The POPI Act makes provision for Codes of Conduct to be issued by the Regulator. These Codes may be industry-specific and must meet specific requirements which include:
- meeting all the conditions for the lawful processing of personal information or set out obligations that provide a functional equivalent of all the obligations in those conditions; and
- prescribing how the conditions for the lawful processing of personal information are to be applied or are to be complied with, given the particular features of the sector or sectors of society in which the relevant responsible parties are operating.
No fee usually required
You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.
Right to withdraw consent
In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact our Data Privacy Manager. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.
Our site may, from time to time, contain links to and from other websites. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
OUR USE OF GOOGLE ANALYTICS
We use Google Analytics to monitor how our website is being used so we can make improvements. Our use of Google Analytics requires us to pass to Google your IP address (but no other information) - Google uses this information to prepare site usage reports for us, but Google may also share this information with other Google services. In particular, Google may use the data collected to contextualize and personalize the advertisements of its own advertising network.
Muntstuk.com does not guarantee that the Acts displayed on this website reflect the most recent version of those Acts after any possible amendments.
Muntstuk.com is not liable for any loss sustained or prejudice caused by a disregard of this warning.