PROTECTION OF PERSONAL INFORMATION ACT
INTRODUCTION AND PURPOSE OF THIS NOTICE
In order to comply with the Protection of Personal Information Act 4 of 2013 (POPIA), and all related data privacy laws, De Wet De Villiers Brokers must, when processing another’s Personal Information:
1.1 Provide the owner of the Personal Information with a number of details pertaining to the processing of his/her/its Personal Information, before such information is processed; and
1.2 Get permission or consent from the owner of such Personal Information, to process his/her/its Personal Information, unless such processing:
1.3 Where any person uses our website/s, electronic applications, email, cell phones, telephone systems, or electronic services, we will have to process such person’s Personal Information.
1.4 In accordance with POPIA, and because your privacy is important to us, please take note of this Privacy Notice, as it describes how we process your Personal Information, including the receipt, collection, use, disclosure, sharing, retention and importantly the protection of your Personal Information.
1.5 This Privacy Notice also asks that you provide us with your informed and explicit consent to process your Personal Information, where this is required, which consent will be deemed to have been given by yourself, when you provide us with your Personal Information for processing.
WHO WE ARE
De Wet De Villiers Brokers offers specialist short term insurance services and solutions to individuals and companies.
APPLICATION OF THE PRIVACY NOTICE
This notice explains how we collect, use, share and protect your personal information which is received by us via all channels such as email, telephone calls and physical visits to our offices, and it also applies to all users of our website, electronic applications, or electronic services, (hereinafter collectively referred to as “Services”).
WHAT PERSONAL INFORMATION DO WE COLLECT AND PROCESS?
When you use our services, we will collect, without detracting from the generality thereof, the following Personal Information which belongs to you:
HOW WE COLLECT INFORMATION
5.1 We collect the Personal Information detailed above under clause 4, about you and any other party whose details you provide to us, when you use and access the websites, including any access to such websites for the following purposes:
5.2 We will also collect your Personal Information where you only partially complete and/or abandon any information inputted into our website/s, including online forms, and may use this information to contact you to remind you to complete any outstanding information and/or for marketing purposes.
5.3 We also collect your Personal Information from your own devices, including mobile devices and/or the devices which you use in order to access our website/s, which is collected using cookies or similar technologies, as described and set out under clause 6.2.
5.4 We may enhance Personal Information we collect from you with information we obtain from third parties that are entitled to share that information; for example, information from various agencies, search information providers, or public sources (e.g. for due diligence purposes), but in each case as permitted by applicable laws.
DETAILS DESCRIBING THE PURPOSE FOR THE COLLECTION AND USE OF YOUR INFORMATION, AND HOW WE USE IT
6.1 The Personal Information detailed under clause 4 above, which you provide to us is used for the following purposes:
for legitimate business purposes;
Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your web browser to enable our systems to recognise your browser and to automatically collect information from your computer such as your IP address and other details about your computer, as well as details of operating systems and browser types which enable the Company and its sponsors and advertisers to customise website content, for system administration and to report aggregate information to us. This is statistical data about our users' browsing actions and patterns and does not identify any individual. We use data analytics to understand and optimise our website offering. You may be required to accept cookies in order to complete certain actions on our website/s.
The "Help" menu on the menu bar of most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, and how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as flash cookies, by changing the add-on's settings or visiting the website of its manufacturer.
SHARING YOUR INFORMATION
7.1 We may share your information with:
7.2 We may share non-personally identifiable information about the use of our website/s, products or services publicly or with third parties, but this will not include information that can be used to identify you.
7.3 Where we share or disclose your Personal Information as described above, such sharing and/or disclosure will always be subject to an agreement which will be concluded as between ourselves and the party to whom we are disclosing your Personal Information to, which contractually obliges the recipient of your Personal Information to comply with strict confidentiality and data security conditions.
7.4 Where your Personal Information is transferred to a recipient in a country which is situated outside South Africa, your Personal Information will only be transferred to those recipients who are situated in countries which have similar data privacy laws in place or, with your consent, where it is necessary to carry out actions for the conclusion, or performance, of any contractual obligation to which you are a party or where the recipient of the Personal Information concludes an agreement which contractually obliges the recipient to comply with strict confidentiality and data security conditions and which in particular will be to a no lesser set of standards than those imposed by POPIA.
7.5 By using our website/s, or by interacting with us in all the other ways described in this Privacy Notice, you consent to the transfer of your Personal Information to other parties in the circumstances set out in this Privacy Notice.
8.1 From time to time, we may use your information to contact you to deliver targeted advertising, marketing (including in-product messaging) or information to you which may be useful to you, based on your use of the website or the De Wet De Villiers Brokers services, in your capacity as our customer or which has been obtained in the context of a sale and where you have agreed, by providing us with your details, as requested by us, to such advertising and marketing purposes - legitimate and contractual purpose.
8.2 We may also share your information with our affiliates and subsidiary companies and carefully selected third parties so that they (or we) may contact you with information about their products or services, which we feel may be of interest to you where you have agreed, by providing us with your details, as requested by us, to such advertising and marketing purposes. We, or they, may wish to contact you for this purpose by telephone, post, SMS, email, and other electronic communication.
8.3 You have the right at any time to stop us/them from contacting you for these marketing purposes.
8.4 You may also request at any time that we do not share your information with third parties.
8.5 If you wish to exercise these rights you can do so by selecting your contact preferences at the point where you provide us with your information on our website/s, or by sending us an email to firstname.lastname@example.org
8.6 You can also unsubscribe from any email marketing using the links provided in the emails we send to you.
SOCIAL MEDIA, AND OTHER THIRD-PARTY PLATFORMS
9.1 When you link onto social media forums like Facebook, Twitter, Pinterest, Instagram, LinkedIn, YouTube, etc., which may house a reference to us, please note that these are not our platforms and that the use of these platforms will be subject to the relevant platform owners’ own privacy notices, and that we take no responsibility for your use of these platforms.
9.2 Where our website/s may contain links to third-party websites; if you follow these links, you will exit our website/s and the use of these websites will be subject to the relevant platform owners’ own privacy notices. Where you respond to communication we post on third-party platforms, such as Facebook, Google and Twitter, such Personal Information may be shared with those third party platforms for the purposes of providing you with targeted advertising via the relevant third party platform based on your provided profile/interests. While these third-party websites are selected with care, De Wet De Villiers Brokers cannot accept liability for the use of your Personal Data by these organisations. You can however control what advertisements you receive by utilising the privacy settings housed on the relevant third party’s platform.
HOW DO WE PROCESS CHILDREN'S PERSONAL DATA?
Any person who accesses our website/s and/or who wishes to use or enquire about our services and who is under the age of 18 may only do so with the consent of their parent or legal guardian. If we determine upon collection that any person accessing the website/s or enquiring about our services is under the age of 18, and has not provided a parent/guardian’s consent, we will not use or maintain their Personal Data.
LAWFUL REASONS FOR PROCESSING AND THE REQUIREMENT FOR CONSENT WHERE NO LAWFUL REASON CAN BE SHOWN
11.1 In terms of POPIA consent to process your Personal Information is not required where there is a lawful reason for such processing, including where:
11.2 Where a lawful reason cannot be met or shown for any specific processing detailed under this Privacy Notice, then your consent to such processing is required. Following this, where your consent is required for the processing of your Personal Information, the provision of the required Personal Information in such instances by you, to us, will be taken as your indication that we may process your Personal Information, which consent, you may at any time withdraw, in the prescribed manner and form, but which withdrawal may affect your ongoing ability to optimally use the website/s and related De Wet De Villiers Brokers Services.
SECURITY AND STORAGE OF INFORMATION
12.1 We will use our best endeavours to keep your Personal Information secure by taking appropriate technical and organisational measures against any unauthorised or unlawful processing and against any accidental loss, destruction or damage.
12.2 Whilst we will use our best endeavours as indicated above to protect your Personal Information, note that no method of transmission over the Internet, or method of electronic storage, is 100% secure and that in light of this we cannot guarantee the security of your Personal Information which is transmitted via websites, or to other websites, applications and services via an internet or similar connection. Therefore, while we strive to use commercially acceptable measures designed to protect Personal Information, we cannot guarantee its absolute security.
12.3 Where we have given you, or you have chosen a password to access certain areas of our website/s, please keep this password safe and do not share this password with anyone.
12.4 Once your Personal Information is no longer required due to the fact that the purpose for which the Personal Information is held has come to an end, such Personal Information will be retained in accordance with our Records Retention Schedule, which varies depending on the type of processing, the purpose for such processing, the business function, record classes, and record types. We calculate retention periods based upon and reserve the right to retain Personal Information for the periods that the Personal Information is needed to: (a) fulfil the purposes described in this Privacy Notice, (b) meet the timelines determined or recommended by regulators, professional bodies, or associations, (c) comply with applicable laws, legal holds, and other legal obligations (including contractual obligations), and (d) comply with your requests.
OTHER SITES AND SOCIAL MEDIA
13.1 If you follow a link from our website/s to another site or service, this Privacy Notice will no longer apply. We are not responsible for the information handling practices of third-party sites or services and we encourage you to read the privacy notices appearing on those sites or services.
13.2 Our website/s may enable you to share information with social media sites, or use social media sites to create your account, or to connect your social media account. Those social media sites may automatically provide us with access to certain Personal Information retained by them about you (for example any content you have viewed). You should be able to manage your privacy settings from within your own third-party social media account(s) to manage what Personal Information you enable us to access from that account.
WHEN YOU PROVIDE US WITH INFORMATION ABOUT OTHERS
If you provide us with Personal Information about someone else, you are responsible for ensuring that you comply with any obligation and consent obligations under applicable data protection laws in relation to such disclosure. In so far as required by applicable data protection laws, you must ensure that you have provided the required notices and have obtained the individual’s consent to provide us with this/her/his/its Personal Information and that you explain to them how we collect, use, disclose and retain their Personal Information or direct them to read the Privacy Notice.
YOUR INFORMATION AND YOUR RIGHTS
15.1 In terms of the data protection laws, you have the following rights:
16. CHANGES TO THIS PRIVACY STATEMENT
16.1 As we change and evolve over time, this Privacy Notice is expected to change as well. We reserve the right to amend the Privacy Notice at any time, for any reason, and without notice to you other than the posting of the updated Privacy Notice on the website/s and in this regard encourage you to visit our website/s frequently in order to keep abreast with any changes.
16.2 The contents of this Privacy Notice shall be governed by the laws of the Republic of South Africa.
16.3 If any provision of this Privacy Notice is judged to be illegal, void or unenforceable due to applicable law or by order of a court of competent jurisdiction it shall be deemed deleted and the continuation in full force and effect of the remainder of the provisions will not be prejudiced.
17. CONTACT US
Any comments, questions or suggestions about this Privacy Notice, or our handling of your Personal Information, should be sent us at the following postal address or telephone numbers:
Information Officer: Thomas de Wet
Phone number: +27 (0) 14 - 5921077
Our telephone switchboard is open 8:00 am – 4:30 pm Monday to Friday. Our switchboard team will take a message and ensure the appropriate person responds as soon as possible.
18.1 Should you wish to discuss a complaint, please feel free to contact us using the details provided above.
18.2 All complaints will be treated in a confidential manner.