REVISION DATE: 28 June 2021
PRIVACY NOTICE AND INFORMED CONSENT NOTICE
CONSENT TO PROCESS PERSONAL INFORMATION IN TERMS OF THE PROTECTION OF INFORMATION ACT, 4 OF 2013 (POPIA)
(EMAIL, WEBSITE, AND SOCIAL MEDIA PRIVACY NOTICE)
The Protection of Personal Information Act, 4 of 2013 (POPIA) gives effect to the constitutional right to data privacy in terms of Section 14 of the Bill of Rights of the Constitution.
The responsible use of the Marketing Achievement Awards (“MAA”) website and related resources in respect of data privacy is important to K&A Productions (Pty) Ltd (“K&A”).
Whilst K&A is committed to protecting all person’s rights to privacy and who in consequence will ensure that all person’s Personal Information is used appropriately, transparently and according to applicable law, K&A has to ensure that these rights to privacy are balanced with other rights such as the right to use and have access to K&A’s Information and Services including its online and social media platforms and applications.
This Policy sets out the responsibilities and obligations of all persons who make use of, or access, or receive K&A’s Information and Communications via its electronic communication facilities and resources including its website, email, and social media platforms, and how all users of these facilities and resources are to ensure that when using these resources that they respect and process another’s Personal Information lawfully and in accordance with the provisions of POPIA and the eight Personal Information Processing Principles.
1.1 K&A in order to carry out its aims and objectives as an organiser of awards and business programmes, does, and will, on an ongoing basis receive, provide and process Personal Information.
1.2 In terms of a law known as the Protection of Personal Information Act, 4 of 2013 (POPIA) everyone has the right to privacy, including the right to the lawful collection, retention, dissemination, and use of one’s Personal Information.
1.3 In order to give effect to this right, K&A is under a duty to provide any person whose Personal Information is processed by it, (known as a “Data Subject”) with a number of details pertaining to the use of and subsequent processing of the Data Subject’s Personal Information, before such Personal Information may be used or processed by K&A.
1.4 In accordance with this requirement, K&A sets out below
- the reasons why it will have to process a Data Subject’s Personal Information,
- the conditions under which it will receive and use a Data Subjects Personal Information,
- how K&A will use and handle this Personal Information, as well as
- the conditions under which it will provide its own Personal Information.
2.1.1 all K&A’s electronic platforms and facilities, including social media, websites, and/or email, whether owned by, established by, used by, hosted by, and/or accessed by K&A, and
2.1.2 all and any Data Subject(s), who may access and make use of the aforementioned K&A’s electronic platforms and facilities, including, without detracting from the generality thereof, K&A’s employees and staff, consumers and customers, vendors, contractors, service providers and/or other third parties.
2.2.2 all the Personal Information which is owned by K&A and which is provided to any responsible parties and/or operators as a result of such person accessing or making use of K&A’s social media and electronic platforms.
3.3 Accordingly, the relevant data privacy principles relating to the processing of Personal Information, whether that belonging to K&A or that belonging to a data subject (including, but not limited to, the collection, handling, transfer, sharing, correction, storage, archiving and deletion) will apply without exception, save where POPIA provides for such an exception, to all and any Personal Information provided by K&A to another or received by K&A as a result of the use of K&A’s electronic platforms and facilities.
4. AGREEMENT TO BE BOUND AND CONSENT TO PROCESS
4.1 By accessing or using K&A’s electronic platforms and facilities including all website and URL’s, any sites housed under its domain names and/or social media platforms, and/or when sending or receiving emails using K&A’s email, the Data Subject:
5. RECEIPT, USE, AND SHARING OF PERSONAL INFORMATION BY K&A
5.1 K&A will receive Personal Information pertaining to a Data Subject when the Data Subject submits a query or request via K&A’s electronic platforms or facilities, including via its website, or by way of email, telephone, or via social media.
5.2 On receipt of the request or query, K&A will thereafter use and process the Data Subject’s Personal Information for the purpose of the query and for a variety of related purposes, which will all depend on the query or request, and which without detracting from the generality thereof may include:
- for the purposes of identifying and/or verifying the Data Subject’s details;
- for the purposes of providing information, products and/or services or details in connection therewith or pertaining thereto, that the Data Subject, may have requested;
- for trade application and/or purchasing purposes;
- to enroll the Data Subject as a vendor;
- for employment application purposes;
- for the purpose of concluding an employment relationship with an applicant;
- for the purposes of managing any information pertaining to the Data Subject;
- for further processing or general administration purposes;
- for legal or contractual purposes;
- to help K&A improve the quality of K&A’s products and services;
- to help K&A detect and prevent fraud and money laundering;
- for the purposes of recovering unpaid monies and/or any other amount due to K&A;
- for the purpose of debt collection;
- for the purposes of research, analytical and statistical purposes;
- for the purpose of carrying out analysis and consumer/customer profiling;
- for the purposes of identifying other products and services which might be of interest to the Data Subjects;
- for the purposes of informing a Data Subject about K&A’s products and services.
5.3 In order to correctly handle any request or query, and in order to perform the purposes described above, K&A may from time to time share a Data Subject’s Personal Information with the following parties:
- K&A employees, which will only be done on a need to know basis;
- K&A’s suppliers, which will only be done on a need to know basis;
- K&A’s carefully selected business partners who provide products and services which may be of benefit to a Data Subject which will only be done on a need to know basis; and
- K&A’s operators such as service providers and agents who perform services on behalf of the K&A which will only be done on a need to know basis
5.4 K&A does not share a Data Subject’s Personal Information with any third parties who have not been described above, unless:
- K&A is legally obliged to provide such information to another for legal or regulatory purposes;
- K&A is required to do so for purposes of existing or future legal proceedings;
- the onward transmission or sharing of Personal Information is necessary for the pursuance or protection of K&A’s legitimate interests or that of the Data Subject or a third party;
- K&A are involved in the prevention of fraud, loss, bribery, or corruption and are using another agent or service provider under a mandate to provide such service, and the agent or service provider needs to process the Data Subject’s Personal Information for the purpose of investigating and or preventing any act of fraud, loss, bribery or corruption,
and under all of the abovementioned circumstances, K&A will take reasonable measures to ensure that such Personal Information is only provided to the recipient if such recipient undertakes to keep the Personal Information confidential and secure.
5.5 Where K&A has to transfer the Data Subject’s Personal Information across the South African borders, it will before it does so, ensure that the recipient thereof agrees to be bound by POPIA under and in terms of a set of binding corporate rules or binding agreements that provide an adequate level of protection and uphold the principles for the reasonable and lawful processing of such Personal Information.
6. RECEIPT, USE, AND SHARING OF K&A’S PERSONAL INFORMATION
K&A on receipt and in response to a query or request received from a Data Subject, referred to under section 5 above, may transmit via its website, or by way of email, telephone, or via social media, its own Personal Information, which Personal Information on receipt by the requesting or receiving party, may only be used for the purpose relating to the initiating of the request or query and for no other purpose. Furthermore, the recipient undertakes that it will not use this Personal Information for any other purpose or share this information with any other party, save where it has been given express permission to do so by K&A.
7. INFORMATION QUALITY/OPENNESS/DATA SUBJECT PARTICIPATION
7.1 Whilst K&A will make all effort to ensure the integrity and accuracy of a Data Subject’s Personal Information, this may not at all times be possible. Following this, the Data Subject accepts the responsibility for keeping his / her or its Personal Information up to date and undertakes to inform K&A of any changes to his / her and its Personal Information.
7.2 A Data Subject has a right of access to any Personal Information which K&A may have and where applicable may ask K&A to correct any inaccuracies in or to any such Personal Information. Any access request must be done by way of a formal K&A’s PAIA process, which is accessible on https://marketingawards.co.za/drop-us-a-line/
8. SECURITY OF PERSONAL DATA
8.1 K&A makes all reasonable effort to keep its social media and electronic platforms including its website secure at all times, however, K&A advises that it cannot guarantee the security of any information provided to K&A or by K&A through K&A websites, e-mail, internet, or social media sites. Following this, the K&A cannot be held responsible for any loss or unauthorised use or interception of information transmitted via these social media and electronic platforms or sites, including its Internet, which is beyond K&A’s reasonable control.
8.2 K&A websites (including; https://marketingawards.co.za/) may contain links to other websites outside of K&A’s control. K&A is not responsible for the content, privacy, or security of these other third-party-controlled websites.
8.3 K&A has placed cookies on its website which makes contact with your / a Data Subject’s device to help make K&A’s social media and electronic platforms, including its website, perform better.
8.4 K&A makes use of social plugins of social networks such as Facebook, Twitter, YouTube, and LinkedIn. Please note that K&A has no influence on or control over the extent of the data retrieved by the social networks’ interfaces and K&A can accordingly not be held responsible or liable for any processing or use of Personal Information transmitted via these social plugins. For information on the purpose and extent of the data retrieval by the social network concerned, and about the rights and settings which are available for you to access for the protection of your private information, please refer to the data protection information provided by the social network in question.
8.5 Note that all K&A’s social media and electronic platforms including its website and telephone facilities and your use of them will be monitored on a regular basis including the recording and interception of content placed on or stored on said facilities which are done for security, integrity, and quality assessment purposes and by using such electronic platforms and facilities you expressly acknowledge notice of such monitoring and interception and give consent thereto in accordance with the Regulation of Interception of Communications and Provision of Communication-Related Information Act 70 of 2002 (“RICA”),
8.6 Subject to the provisions above, K&A has implemented the appropriate technical and organisational security measures which are required in order to protect all Personal Information and related data which it holds from and/or against unauthorised access, accidental or wilful manipulation, loss, or destruction.
9. THIRD-PARTY INFORMATION AND THAT BELONGING TO MINORS
9.1 If a Data Subject provides K&A with Personal Information on behalf of another, K&A will not be able to process the query or request unless such query or request is accompanied with the required permission and consent from the owner of that Personal Information.
9.2 If a Data Subject is under the age of 18, such person’s Personal Information will only be processed if the minor’s parent or legal guardian gives the required consent or permission to the processing of the provided Personal Information.
10. CONTACT DETAILS
11. REVISION OF POLICIES
K&A reserves the right to and may from time to time update this Privacy Notice. Any such revision will be published as an amended version on K&A websites.
Following this, any change to this Policy will be posted as an updated version, and readers are advised to visit and re-read this policy on a regular basis.