Privacy Policy

1. Definitions

In this Policy, unless the context requires otherwise, the following terms shall have the meanings given to them:

2. Introduction

• This Policy regulates the Processing of Personal Information by SA PMRI and sets forth the requirements with which SA PMRI undertakes to comply when Processing Personal Information pursuant to undertaking its operations and fulfilling its contractual obligations in respect of Data Subjects.
• SA PMRI places a high premium on the privacy of every person or organisation with whom it interacts and acknowledges the need to ensure that Personal Information is handled with a reasonable standard of care. SA PMRI is committed to ensuring compliance with the requirements of POPIA, and also with the terms of the GDPR to the extent that the GDPR applies.
• All Data Subjects and Third Parties have the right to object to the processing of their Personal Information. The acceptance of the Terms and Conditions to which this Policy relates is required by the Data Subject to enable the proper use of SA PMRI’s Website and/or Services.

3. Purpose and Application

• The purpose of this Policy is to inform Data Subjects of what Personal Information SA PMRI may Process, where SA PMRI may have collected such information from, how SA PMRI Processes their Personal Information, and to establish a standard by which SA PMRI and its employees, representatives and operators shall comply in as far as the Processing of Personal Information is concerned.
• SA PMRI, in its capacity as a Responsible Party and/or Operator and/or Controller, shall strive to observe and comply with its obligations under POPIA when it Processes Personal Information from or in respect of any Data Subject.

4. Collecting and Processing of Personal Information

• Whenever any Data Subject engages with SA PMRI, whether physically or electronically, or through the use of its Services, facilities or Website, SA PMRI will in effect be Processing the Data Subject’s Personal Information.
• SA PMRI may from time to time collect a Data Subject’s Personal Information from other sources and will inform the Data Subject by virtue of any privacy notices it deploys from time to time.
• SA PMRI will primarily Process Personal Information in order to facilitate and enhance the delivery of Products and/or Services to its Customers, manage and administer its business, foster a legally compliant workplace environment, and safeguard the Personal Information relating to any Data Subjects which it holds.
• SA PMRI undertakes to process any Personal Information in a manner which promotes the constitutional right to privacy, retains accountability and Data Subject participation.
• The types of Personal Information SA PMRI may process include:
  • the Data Subject’s name, address, phone number, payment details and email address;
  • IP address;
  • information specifically and voluntarily entered by the User pursuant to using the Website;
  • information required to identify a mobile or other electronic device used by the Data Subject, including the device ID and location; and
  • a record of the Data Subject’s behaviour and interaction with the Provider in relation to use of the Website and/or the products and services pertaining thereto.
• SA PMRI may process Personal Information for the following purposes:
  • verifying the identity of the Data Subject;
  • entering into and concluding an agreement with the Data Subject (where applicable);
  • sharing such information with third parties who require same in respect of services to be procured by the User and/or processing payments on behalf of the Data Subject;
  • record keeping and statistical purposes;
  • enabling the Provider to enter into communications with the Data Subject in relation to the Provider’s products and services;
  • transmitting and receiving necessary correspondence to the Data Subject in relation to the services and products offered on the Website;
  • processing payments, refunds and the like in respect of any subscriptions or monetary transfers made by the Data Subject;
  • transmitting marketing material to the Data Subject in respect of products or services sold by the Provider or the Provider’s partners;
  • performing website analytics to improve the Provider’s services;
  • maintaining and improving the Website and tailoring the User’s experience;
  • employing security safeguards in relation to the Data Subject’s use of the Website; and
  • exercising any legal right or obligation accruing to the Provider.
• SA PMRI will not Process the Personal Information of a Data Subject for any purpose other than for the purposes set forth in this Policy unless SA PMRI is permitted or required to do so in terms of Applicable Laws.

5. Personal Information for Direct Marketing Purposes

• SA PMRI acknowledges that it may only use Personal Information to contact Data Subjects for purposes of direct marketing where SA PMRI has complied with the provisions of POPIA and when it is generally permissible to do so in terms of Applicable Laws.
• Where SA PMRI may lawfully direct market to a Data Subject in terms of section 69 of POPIA, SA PMRI will ensure that a reasonable opportunity is given to such Data Subjects to object (opt-out) to the use of their Personal Information for SA PMRI’s marketing purposes when collecting the Personal Information and on the occasion of each communication to the Customer for purposes of direct marketing.

6. Storage and Retention of Personal Information

• SA PMRI will retain Personal Information it has Processed, in an electronic or hardcopy file format, with a Third-Party service provider appointed for this purpose.
• Personal Information will only be retained by SA PMRI for as long as necessary to fulfil the legitimate purposes for which that Personal Information was collected and/or as permitted or required in terms of Applicable Law.
• Any Data Subject has the right to object to the Processing of their Personal Information and SA PMRI shall retain and store the Data Subject’s Personal Information for the purposes of dealing with such an objection or enquiry as soon and as swiftly as possible.

7. Failure to Provide Personal Information

• Where SA PMRI is required to collect Personal Information from a Data Subject by law or in order to fulfil a legitimate business purpose and the Data Subject fails to provide such Personal Information, SA PMRI may, on notice to the Data Subject, decline to render services without any liability to the Data Subject.

8. Securing Personal Information

• SA PMRI will always implement appropriate, reasonable, physical, organisational, contractual and technological security measures to secure the integrity and confidentiality of Personal Information, including measures to protect against loss, theft, unauthorised access, disclosure, copying, use or modification of Personal Information.
• SA PMRI will take steps to notify the relevant Regulator(s) and/or any affected Data Subjects in the event of a security breach and will provide such notification as soon as reasonably possible after becoming aware of any such breach.
• SA PMRI does not guarantee that its security systems are 100% secure or error-free. Any transmission of Personal Information will be solely at the own risk of a Data Subject. Once SA PMRI has received the Personal Information, it will deploy strict procedures and security features to try to prevent unauthorised access to it.
• SA PMRI shall not be held responsible and any Data Subject agrees to indemnify and hold SA PMRI harmless for any security breaches which may potentially expose Personal Information in SA PMRI’s possession to unauthorised access by any Third-Party.

9. Provision of Personal Information to Third Parties

• SA PMRI may disclose Personal Information to Third-Party service providers and any SA PMRI affiliates where necessary and to achieve the purpose(s) for which the Personal Information was originally collected and processed. SA PMRI will enter into written agreements with such Third-Party service providers to ensure that they comply with Applicable Laws pursuant to the Processing of Personal Information provided to them by SA PMRI.

10. Transfer of Personal Information Outside of South Africa

• SA PMRI may, under certain circumstances, transfer Personal Information to a jurisdiction outside of the Republic of South Africa in order to achieve the purpose(s) for which the Personal Information was collected and processed, including for Processing and storage by Third-Party service providers.
• If required, SA PMRI will obtain the Data Subject’s consent to transfer the Personal Information to such foreign jurisdiction.
• The Data Subject should take note that where Personal Information is transferred to a foreign jurisdiction, the Processing of such information in that foreign jurisdiction may be subject to the laws of that foreign jurisdiction.

11. Access to Personal Information

• A Data Subject has the right to a copy of the Personal Information which is held by SA PMRI (subject to limited exemptions as provided for under Applicable Law).
• The Data Subject must make a written request by email to the Information Officer designated by SA PMRI from time to time, whose contact details can be sourced in SA PMRI’s PAIA Manual.
• The Data Subject can challenge the accuracy or completeness of his/her/its Personal Information in SA PMRI’s records at any time in accordance with the process set out in SA PMRI’s PAIA Manual.

12. Keeping Personal Information Accurate

• SA PMRI will take reasonable steps to ensure that Personal Information that it Processes is kept updated where reasonably possible.
• SA PMRI expects that the Data Subject will notify SA PMRI from time to time in writing of any updates or amendments required in respect of his/her/its Personal Information, where the Data Subject requires SA PMRI to delete his/her/its Personal Information, or where the Data Subject wishes to restrict the Processing of his/her/its Personal Information.

13. Costs to Access Personal Information

• In the event that a cost is applicable, the prescribed fees to be paid for copies of the Data Subject’s Personal Information are listed in SA PMRI’s PAIA Manual.
• SA PMRI reserves the right to make amendments to this Policy from time to time.

14. Complaints to the Information Regulator

• If any Data Subject or Third Party is of the view that SA PMRI has Processed their Personal Information in a manner contrary to the provisions of this Policy, the Data Subject is requested to first attempt to resolve the matter directly with SA PMRI, failing which the Data Subject shall have the right to lodge a complaint with the Information Regulator under the provisions of POPIA.