1. Summary of Website Consent

2. Informed Consent Notice

3. PAIA Manual of thinking fusion AFRICA

• Type of information: the type of information being collected;
• Nature or category of the information: where it will be used and stored;
• Purpose: the purpose for which this information is being collected;
• Source: where the information is not collected from the Data Subject directly, the source from which it is collected;
• Responsible Party details: the name and address of the Responsible Party;
• Voluntary or mandatory: whether or not the supply of the information by that Data Subject is voluntary or mandatory;
• Legal requirement: any particular law authorising or requiring the collection of the information and the law, which makes the supply of that information mandatory;
• Contractual requirement: the contract, which makes the supply of that information mandatory;
• Consequences of not providing: The consequences of failure to provide the information;
• Cross border transfer:  the fact that the Responsible Party intends to transfer the information to a third country or international organisation and the level of protection afforded to the information by that third country or international organisation;
• Recipients of information: recipient or category of recipients of the information;
• Access and right to amend: the right of access to and the right to rectify the information collected;
• Right to object: the right to object to the processing of personal information as referred to in section 11(3) of POPI; and
• Complaints: the right to lodge a complaint to the Information Regulator and the contact details of the Information Regulator.

SUMMARY OF WEBSITE CONSENT

thinking fusion AFRICA SECTION 18 POPI CONSENT DOCUMENT

(See www.thinkingfusion.com for the complete statement)

INTRODUCTION

Section 14 of the Constitution of the Republic of South Africa, 1996, provides that everyone has the right to privacy. POPI further determines that the right to privacy includes a right to protection against the unlawful collection, retention, dissemination and use of personal information.

According to section 18 of the Act, if personal information (“PI”) is collected, the Responsible Party must take reasonably practicable steps to ensure that the Data Subject is made aware of the information being collected and where the information is not collected from the Data Subject, the source from which it is collected, subject to certain exceptions, including those where the collection of information is required for a contractual or legal purpose and/or is required for the purpose of protecting the legitimate interests of the Responsible Party.

CONSENT

thinking fusion AFRICA as a Responsible Party has a legal duty to get permission to use any PI owned by a “Data Subject”, unless this PI is required as a result of a legal duty or obligation imposed on the Responsible Party, or such PI is required for a contractual or legal purpose and/or is required for the purpose of protecting the legitimate interests of the Responsible Party or the Data Subject.

SECTION 18 DETAILS

In terms of Section 18 of POPI, the Responsible Party is obliged to provide the Data Subject with the following information, when collecting personal information from the Data Subject:

Informed Consent Notice

Thinking Fusion Africa (Pty) Ltd

 “THE COMPANY”

POLICY ON DATA PRIVACY AND THE PROTECTION OF PERSONAL INFORMATION

The Protection of Personal Information Policy establishes, explains and sets out:

• legal requirements relating to Personal information and data privacy
• what is Personal Information and who it belongs to
• what Personal Information will be processed by THE COMPANY
• why THE COMPANY needs to process a Data Subject’s Personal Information
• what THE COMPANY will be doing with a Data Subject’s Personal Information
• who THE COMPANY will share a Data Subject’s Personal Information with
• what THE COMPANY will do with a Data Subject’s Personal Information, once the purpose for the processing comes to an end
• how all at THE COMPANY are to treat Personal Information belonging to another.

1.  INTRODUCTION

The Protection of Personal Information Act, 4 of 2013 (POPIA) regulates and controls the processing of Personal Information.

THE COMPANY is a private company which, inter alia, conducts business in South Africa and internationally.

THE COMPANY for the purposes of carrying out its business and related objectives, does and will from time to time, processes the Personal Information of living individuals and legal entities, including public and private entities, such as Personal Information relating to employees and staff, prospective employees and job applicants, students and interns, service providers and contractors, vendors, clients, customers, and other third parties.

THE COMPANY is obligated to comply with POPIA and the data protection conditions set out under POPIA with respect to the processing of all and any Personal Information.

This Policy describes how THE COMPANY will discharge its duties to ensure continuing compliance with POPIA in general and the information protection conditions and rights of data subjects.

2.  DEFINITIONS

To understand the implications of this document and the objectives of POPIA the reader must take note of the following explanatory notes and POPIA definitions, which will be used throughout this POLICY and which may be used in the interpretation of this document:

“biometrics” 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;

THE COMPANY may from time to time make use of your / the Data Subject’s Biometrics for security access control and related identification procedures;

“child” means a natural person under the age of 18 years who is not legally competent, without the assistance of a competent person, to take any action or decision in respect of any matter concerning him-or herself;

COMPANY will from time to time have to process Personal Information of a child who may belong to you/ a Data Subject, for amongst other reasons employment and benefit related purposes, which use will require the competent person’s consent as defined below.

“competent person” means any person who is legally competent to consent to any action or decision being taken in respect of any matter concerning a child;

“consent” means any voluntary, specific and informed expression of will in terms of which permission is given for the processing of Personal Information;

All Personal Information which you / the Data Subject provides to THE COMPANY will be subject to this Informed Consent Notice and when / by providing THE COMPANY with your / the Data Subject’s Personal Information, you / the Data Subject gives us, THE COMPANY your / the Data Subject’s implied consent to use your / the Data Subject’s Personal Information in accordance with this Informed Consent Notice.

“Data Subject” means you, the person who will provide THE COMPANY or its Operator (s) with Personal Information and who consents when providing such Personal Information, to THE COMPANY ’s use thereof in accordance with its Informed Consent Notice.

A Data Subject will include you / the Data Subject, the reader of this notice who will be providing THE COMPANY with your / or your business’s / the Data Subject’s Personal Information and which you and your business, / the Data Subject by you / the Data Subject providing such Personal Information to THE COMPANY, give THE COMPANY the required consent to use the Personal Information, in accordance with its Informed Consent Notice.

“Operator” means a natural person or a juristic person who processes your/ a Data Subject’s Personal Information on behalf of THE COMPANY in terms of a contract or mandate, without coming under the direct authority of THE COMPANY;

THE COMPANY  will, in order to pursue and protect its legitimate interests and in many cases to protect you/ the Data Subject, will under a written contract ask Operators to process certain categories of your/ the Data Subject’s Personal Information on its behalf including without detracting from the generality thereof, advertising agencies, PR agencies, Payroll service providers, Core Benefits Providers, Medical Aid/Cover providers, Retirement Funding Providers, Auditors, Legal Practitioners, and Government and Provincial Departments (e.g. Department of Labour).

“person” means a natural person or a juristic person;

“Personal Information” means information relating to any identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, namely the Data Subject, including, but not limited to—

(a)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;

THE COMPANY will need to process 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 birthdates of all potential and actual employees for security, employment and benefit related purposes.

THE COMPANY will need to process race, gender, pregnancy, marital status, national, ethnic or social origin, colour, age, physical or mental health, well-being, disability, language and birthdates of all potential and actual sole proprietors and individual service providers who intend or do provide products and services to THE COMPANY for security, business and contractual, related purposes.

THE COMPANY will need to process race, gender, marital status, national, ethnic or social origin, colour, age, language and birthdates of all potential and actual customers and consumers and / or beneficiaries, who intend or do use THE COMPANY products and services for security, business, contractual and marketing and promotional related purposes.

THE COMPANY will need to process race, gender, marital status, national, ethnic or social origin, colour, age, language and birthdates of persons who ask THE COMPANY for information or for THE COMPANY to reply to any query or request made by such person.

(b) information relating to the education or the medical, financial, criminal or employment history of the person;

THE COMPANY will need to process information relating to the education, medical, financial, criminal and employment history of all potential and actual employees for security, employment and benefit related purposes.

THE COMPANY will need to process information relating to the financial, criminal and employment history of all potential and actual sole proprietors and individual service providers who intend or do provide products and services to THE COMPANY for security, business and contractual related purposes or who apply for any form of funding or assistance.

THE COMPANY will need to process information relating to the financial and criminal history of all potential and actual service providers who are legal entities, who intend or do provide products and services to THE COMPANY for security, business and contractual related purposes.

(c)any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other assignment to the person;

THE COMPANY  will need to process all Data Subjects’ identity or registration numbers, e-mail address, physical and postal address, telephone and contact numbers, location information, and other required identifiers relating to a Data Subject from time to time for security, employment, business, marketing, promotional and contractual related purposes or in order for THE COMPANY  to attend to a persons request, or enquiry for information, including any person or Data subject who applies for funding or assistance of any kind..

 (d)the biometric information of the person;

THE COMPANY may from time to time make use of a Data Subject’s Biometrics for security access control, employment, and contractual and related identification procedures.

 (e)the individual opinions, views or preferences of the person;

THE COMPANY may from time to time make use of individual opinions, views or preferences of a Data Subject for business, sponsorship, funding, marketing, promotional, security, employment, and / or contractual purposes.

(f)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 COMPANY may from time to time make use of private or confidential correspondence received from a Data Subject for business, investigative and / or security purposes as well as for employment, or contractual purposes.

(g)the views or opinions of another individual about the person; and

THE COMPANY may from time to time make use of views or opinions of another individual about the Data Subject for business, marketing, promotional, security, employment, or contractual purposes.

(h)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;

“processing” 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 information;

(d) sharing with, transfer and further processing, to and with such information.

“record” means any recorded information—

 (a)regardless of form or medium, including any of the following:

(i)Writing on any material;

(ii)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;

(iii)label, marking or other writing that identifies or describes any thing of which it forms part, or to which it is attached by any means;

(iv)book, map, plan, graph or drawing;

(v)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;

(b)in the possession or under the control of a responsible party;

(c)whether it was created by a responsible party; and

(d)regardless of when it came into existence;

THE COMPANY and its Operators will from time to time process Personal Information relating to you/ a Data Subject for business, marketing, promotional, investigations, security, employment, and contractual purposes.

All Personal Information processed by THE COMPANY and its Operators will be set out under a record.

“Responsible Party” means THE COMPANY including without detracting from the generality thereof, its directors, management, executives, HR practitioners, payroll department, core benefits provider, medical aid department, retirement funding department, internal auditors, legal practitioner and compliance officers, company secretary, and all other employees and Operators who need to process a Data Subject/your personal Information for THE COMPANY business purposes.

“Special Personal information” includes any information relating to an individual’s:

Ethnicity, Gender, Religious or other beliefs, Political opinions, Membership of a trade union, Sexual orientation, Medical history, Offences committed or alleged to have been committed by that individual, Biometric details, and Children’s details.

THE COMPANY and its Operators will from time to time process Special Personal Information relating to you / a Data Subject for business, security, employment, and contractual purposes.

 “you/” means the person who is reading this Informed consent notice, namely the Data Subject, who by providing THE COMPANY with your Personal Information, gives THE COMPANY and its Operators consent to use and process your Personal Information in accordance with the provisions of this Informed Consent Notice and the word “your /your’s” bears a corresponding meaning as the context may indicate.

3.  PURPOSE AND OBJECTIVES

3.1 THE COMPANY does on an ongoing basis collect and process Personal Information belonging to Data Subjects to carry out and pursue its business and related operational interests. This may without detracting from the generality thereof include:

a) recruitment and employment purposes;

b) concluding contracts and business transactions;

c) for risk assessments, insurance and underwriting purposes;

d) assessing and processing queries, enquiries, complaints, and / or claims;

e) conducting criminal reference checks and / or conducting credit reference searches or verification;

f) confirming, verifying and updating persons details;

g) for purposes of personnel and other claims history;

h) for the detection and prevention of fraud, crime, money laundering or other malpractice;

i) conducting market or customer satisfaction research;

j) promotional, marketing and direct marketing purposes;

k) financial, audit and record keeping purposes;

l) in connection with legal proceedings;

m) providing services to clients to carry out the services requested and to maintain and constantly improve the relationship;

n) communicating with employees, third parties, customers, suppliers and / or governmental officials and regulatory agencies; and

o) in connection with and to comply with legal and regulatory requirements or when it is otherwise required or allowed by law.

3.2 The objective and purpose of this Policy is therefore to set out THE COMPANY’s policy on the processing of Personal Information and to provide guidelines on how Personal Information is to be processed and safeguarded to ensure compliance with POPIA.

4.  APPLICATION AND SCOPE

4.1 This Policy will apply to the processing by THE COMPANY of all and any Data Subjects’ Personal Information.

4.2 This Policy without exception will apply to:

4.2.1 THE COMPANY and its subsidiary companies, including all employees thereof, including permanent, fixed term, and temporary staff, directors, executives, and secondees;

4.2.2 any entity or person who processes Personal Information on behalf of THE COMPANY, whether residing or operating in South Africa, or overseas, who will hereinafter be referred to as an “Operator”, provided they have been made aware of this Policy.

5. THE DATA PROTECTION PRINCIPLES AND CONDITIONS

5.1 Any Employee or Operator who processes Personal Information belonging to a Data Subject on behalf of THE COMPANY, shall comply with all the provisions of POPIA, including the 8 data protection conditions set out under section 4 of POPIA, which are as follows:

5.1.1 Personal Information shall be obtained and processed fairly and lawfully;

5.1.2 Personal Information shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes, unless specific consent to do so has been obtained;

5.1.3 Personal Information shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed;

5.1.4 Personal Information shall be accurate and, where necessary, kept up to date;

5.1.5 Personal Information processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes;

5.1.6 Personal Information shall be processed in accordance with the rights of data subjects under POPIA;

5.1.7 appropriate technical and organisational safeguards and measures must be put in place to protect and guard against unauthorised or unlawful processing of Personal Information and against accidental loss or destruction of, or damage to, Personal Information;

5.1.8 Personal Information shall not be transferred outside South Africa to another country unless that country has similar Data Privacy laws to those set out under POPIA in place, or the person to whom the Personal Information is being transferred provides a written undertaking to apply the principles set out under POPIA to the processing of the personal Information.

6.  HOW PERSONAL INFORMATION IS PROCESSED AND USED

6.1 Before any Personal Information is processed, the person processing such information on behalf of THE COMPANY must bring to the Data Subject’s attention the provisions set out under THE COMPANY CONSENT TO PROCESS PERSONAL INFORMATION IN TERMS OF THE IMPLIED CONSENT DOCUMENT, which is set out on THE COMPANY website, and which for ease of reference is attached hereto marked Annexure “A”, which document amongst others houses the following instructions and details:

6.1.1 why the processing of the Data Subject’s Personal Information is necessary,

6.1.2 what Personal Information is required and the purpose for the requirement;

6.1.3 what will be done with the Personal Information;

6.1.4 that in order to use the Personal Information, the Data Subject must provide consent for such processing, unless such processing is necessary to carry out actions for the conclusion or performance of a contract to which the Data Subject is a party; or is required and complies with an obligation imposed by law on either the Data Subject or the Responsible Party; or is necessary to protect the legitimate interest (s) of the Data Subject or the Responsible Party; or is necessary for the proper performance of a public law duty by a public body; or  is necessary for pursuing the Data Subject or the Responsible Party’s legitimate interests, or that of a third party to whom the Personal Information is supplied;

6.1.5 who the Personal Information will be shared with;

6.1.6 whether the Personal Information will be sent outside the borders of South Africa and what data security measures are in place to protect the information;

6.1.7 what will be done with the Personal Information once the purpose for its collection and use has expired.

6.2 When processing a Data Subjects Personal Information, the person processing such information must ensure that:

6.2.1 they only process Personal Information, which is relevant and accurate and only for the purpose for which it is required;

6.2.2 Special Personal Information will only be processed in line with the provisions set out under POPIA and in accordance with instructions set out by the Information Officer from time to time;

7.  SAFEGUARDING PERSONAL INFORMATION

7.1 All Company employees and where applicable, Operators and persons acting on behalf of THE COMPANY must before processing Personal Information ensure that the record housing the Personal Information will be kept secure and that appropriate measures and safeguards are in place to prevent any unauthorised access, disclosure and / or loss of such Personal Information.

7.2 Removing and Downloading Personal Information on to portable devices from workplace equipment or taking soft copies of Personal Information off-site must be authorised in writing by the manager of the relevant department from where the information emanates and a copy of such authorisation sent to the Information Officer, and which removal will be subject to the following provisions:

7.2.1 the person removing the Personal Information must explain and justify the operational need for the removal in relation to the volume and sensitivity of the Personal Information and ensure that the details of the Personal Information being removed is documented and recorded under a “removal register”;

7.2.3 the Personal Information to be removed must be strongly encrypted;

7.2.4 the person removing and using said data should only store the data necessary for their immediate needs and should remove the data as soon as possible once dealt with and such removal should be confirmed by way of a recordal in the removal register;

7.2.5 to avoid loss of encrypted data, or in case of failure of the encryption software, an unencrypted copy of the data must be held in a secure environment.

7.3 Where it is necessary to store Personal Information on portable devices such as laptops, USB flash drives, portable hard drives, CDs, DVDs, or any computer not owned by THE COMPANY, employees and where applicable, Operators and persons acting on behalf of THE COMPANY without exception must before storing said Personal Information ensure that the data is encrypted and is kept secure and that appropriate measures and safeguards are in place to prevent unauthorised access, disclosure and loss of such Personal Information and points 7.2.1- 7.2.5 will apply mutatis mutandi to said data.

7.4 Where paper or hard copies of Personal Information are removed from THE COMPANY  premises, employees and where applicable, Operators and persons acting on behalf of THE COMPANY  without exception must before removing said Personal Information ensure that only that data necessary for the purpose it is being removed is taken, is documented in a removal register and is thereafter whilst away from THE COMPANY  premises kept safe and secure and that appropriate measures and safeguards are in place to prevent any unauthorised access, disclosure and loss of such Personal Information.

7.5 Paper or hard copies of Personal Information and portable electronic devices housing Personal Information should be stored in locked units, which should not be left on desks overnight or in view of other employees or third parties.

7.6 Personal Information, which is no longer required, should be securely archived and retained, as per THE COMPANY GROUP RECORD RETENTION AND DESTRUCTION POLICY

7.7 Personal Information must not be disclosed unlawfully to any third party.

7.8 Where an OPERATOR is to process Personal Information on behalf of THE COMPANY, such processing will be subject to a written OPERATOR agreement concluded between THE COMPANY and the OPERATOR, which agreement is to be substantially in same format as the standard THE COMPANY OPERATOR agreement annexed hereto marked Annexure “B”.

7.9 All losses of Personal Information must be reported to the relevant manager of the department from where the information emanates, the departmental Data Protection Coordinator and the Information Officer.

7.10 Negligent loss or unauthorised disclosure of Personal Information, or failure to report such events, may be treated as a disciplinary matter.

7.11 THE COMPANY via its Information Security Officer and IT department will continuously review its security controls and processes to ensure that all Personal Information is secure.

8.  ACCESS AND CORRECTION OF PERSONAL INFORMATION

8.1 In terms of POPIA, a Data Subject has the right to:

8.1.1 request access to their Personal Information which THE COMPANY holds, if they follow the “Access to Information Procedure” set out under THE COMPANY PAIA Manual set out under THE COMPANY website;

8.1.2 ask THE COMPANY to update, correct or delete any of its Personal Information, which THE COMPANY thereafter has a duty to correct, save where THE COMPANY is of the view that the request is incorrect, invalid and / or unreasonable.

8.1.3 object to THE COMPANY processing their Personal Information, which THE COMPANY holds about them, by filing a notice of objection.

8.2 In the event of any of the abovementioned instances, any such request should not be acted on but should be submitted to THE COMPANY Information Officer for further attention and action.

9.  INFORMATION OFFICER

9.1 THE COMPANY has appointed an Information Officer who has been tasked with the primary responsibility for compliance with POPIA.

9.2 All the Company employees are under a duty to:

9.2.1 raise any concerns in respect of the processing of Personal Information with the Information Officer;

9.2.2 promptly pass on to the Information Officer all data subject access requests and requests from third parties for Personal Information;

9.2.3 reporting losses or unauthorised disclosures of Personal Information to the Information Officer as soon as such loss or disclosure has been noted; and

9.2.4 address any queries or concerns about this Policy and / or compliance with POPIA with the Information officer.

10. OPERATORS AND SERVICE PROVIDERS

Where any COMPANY employee requires a COMPANY service provider, contractor and/or agents (Operator) to process Personal Information for or on behalf of THE COMPANY, such employee shall ensure that prior to such processing a standard COMPANY Operator Agreement is concluded with the Operator in respect of such processing.

11. GENERAL

Any transgression of this Policy will be investigated and may lead to disciplinary action being taken against the offender.

12.  VERSION AND AMENDMENTS

This Policy is effective as from 1 December 2018.