Protection of Personal Information Act (POPIA)
As of 1 July 2021, information gathering and sharing must comply with the
Protection of Personal Information Act (POPIA), for when the regulation becomes
enforceable. This communication contains important information about how we
will, under the Act, interact with you and what you need to do to ensure we can
continue to communicate seamlessly.
We collect and process your personal information mainly to contact you for the
purposes of understanding your requirements, and delivering services
accordingly.
For this purpose, we will collect details including your name, contact details,
as well as any additional information that may be relevant to your IT service
and IT support requirements.
We collect information directly from you where you provide us with your personal
details. Where possible, we will inform you what information you are required to
provide to us.
The information we collect
We collect and process your personal information mainly to contact you for the
purposes of understanding your requirements, and delivering services
accordingly.
For this purpose, we will collect details including your name, contact details,
as well as any additional information that may be relevant to your IT service
and IT support requirements.
We collect information directly from you where you provide us with your personal
details. Where possible, we will inform you what information you are required to
provide to us.
Personal data may be collected when you submit requests for IT support through
our ticketing system, telephonically, via our Website or via Email. Such
submissions being voluntary. Where such data is collected, it will be applied
only for the purpose for which it was required (for example, to contact you or
carry out your request) and will be retained only for that purpose and for
follow up on your satisfaction with our service.
Anonymous user data may also be collected for analytical and/or preventative
purposes, for example, internet page visit statistics, virus or malware attack
information and other user flow patterns. However, this data will only be
collected for the protection of the user and for the protection of the LAN and
WAN environment that the user is connected to. As far as is possible, any
personal identifying information will only be collated to show trends in overall
site visitor behaviours.
How we use your information
We will use your personal information only for the purposes for which it was
collected and agreed with you. In addition, where necessary your information may
be retained for legal or research purposes.
For Example:
– To gather contact information;
– Provide you with the most appropriate IT service and support according to your
unique requirements;
– To ensure that our records are kept accurate and up to date;
– To confirm and verify your identity or to verify that you are an authorised
user for security purposes;
– To comply with the legal obligations to which we are subject;
– To conduct market or customer satisfaction research or for statistical
analysis;
– For audit and record-keeping purposes.
To inform you of security threats, virus and malware attacks and any information
relevant to the successful functioning of your IT environment.
Disclosure of information
We may disclose your personal information to our service providers, such as our
partners and installers, who are involved in the delivery of products or
services to you.
We have agreements in place to ensure that they comply with the privacy
requirements as required by the Protection of Personal Information Act.
We may also disclose your information:
– Where we have a duty or a right to disclose in terms of law or industry codes;
– Where we believe it is necessary to protect our rights;
We confirm that, where possible, you will be informed of the same.
Information Sharing
We rely on third-party service providers to perform a variety of services on our
behalf, such as our dealer partners, installation processing, and data
analytics. This may mean that your information will be shared with these
authorised parties.
When we contract with third parties, we impose appropriate security, privacy,
and confidentiality obligations on them to ensure that personal information that
we remain responsible for, is kept safe and secure and not used for any other
purpose than what it was provided for.
We will ensure that anyone with whom we share your personal information agrees
to treat your information with the same level of protection as we are obliged
to.
Information Security
We are legally obliged to provide adequate protection for the personal
information we hold and to stop unauthorised access and use of personal
information. We will, on an ongoing basis, continue to review our security
controls and related processes to ensure that your personal information remains
secure.
Our security policies and procedures are aligned to cover:
– Physical security;
– Computer and network security;
– Access to personal information;
– Secure communications;
– Retention and disposal of information;
– Acceptable usage of personal information;
– Governance and regulatory issues;
– Monitoring access and usage of private information;
– Investigating and reacting to security incidents.
When we contract with authorised third parties, we impose appropriate security,
privacy, and confidentiality obligations on them to ensure that personal
information that we remain responsible for, is kept safe and secure and not used
for any other purpose than what was provided for.
We will ensure that anyone with whom we share your personal information agrees
to treat your information with the same level of protection as we are obliged
to.
How long we retain your data
We retain the personal data volunteered for only as long as is required to
deliver on your request for information, products, or services and to follow up
thereon.
Your billing data will only be kept on our files for the duration of your
business relationship with us, where it will be applied only for billing
purposes.
Your Rights: Access to information
You have the right to request a copy of the personal information we hold about
you. We will need a copy of your ID document, or in the case of a registered
business, an official request in writing signed by a director, to confirm your
identity before providing details of your personal information.
Correction of your information
You have the right to ask us to update, correct or delete your personal
information (in terms of the relevant legislation). We will require a copy of
your ID document or in the case of a registered business, an official request in
writing signed by a director, to confirm your identity before making changes to
the personal information we may hold about you.
We would appreciate it if you would keep your personal information accurate.
Definition of personal information
According to the Act “personal information” means information relating to an
identifiable, living, natural person, and where it is applicable, an
identifiable, existing juristic person.
Further to the POPI Act, Hugenote Kollege (Pty) Ltd also includes the
following items as personal information:
– All addresses including residential, postal and email addresses.
Terms and conditions for accessing the Website of Hugenote Kollege (Pty)
Ltd (hereinafter referred to as “Website”)
1. Introduction
These Website Standard Terms and Conditions (these “Terms” or these “Website
Standard Terms and Conditions”) contained herein on this webpage, shall govern
your use of this website, including all pages within this website (collectively
referred to herein below as this “Website”). These Terms apply in full force and
effect to your use of this Website and by using this Website, you expressly
accept all terms and conditions contained herein in full. You must not use this
Website, if you have any objection to any of these Website Standard Terms and
Conditions.
2. Intellectual Property Rights
Other than content you own, which you may have opted to include on this Website,
under these Terms, Hugenote Kollege and/or its licensors own all rights to
the intellectual property and material contained in this Website, and all such
rights are reserved. You are granted a limited license only, subject to the
restrictions provided in these Terms, for purposes of viewing the material
contained on this Website.
3. Restrictions
You are expressly and emphatically restricted from all of the following:
1. publishing any Website material in any media;
2. selling, sublicensing and/or otherwise commercializing any Website material;
3. publicly performing and/or showing any Website material;
4. using this Website in any way that is, or may be, damaging to this Website;
5. using this Website in any way that impacts user access to this Website;
6. using this Website contrary to applicable laws and regulations, or in a way
that causes, or may cause, harm to the Website, or to any person or business
entity;
7. engaging in any data mining, data harvesting, data extracting or any other
similar activity in relation to this Website, or while using this Website;
8. using this Website to engage in any advertising or marketing;
Certain areas of this Website are restricted from access by you and Hugenote
Kollege may further restrict access by you to any areas of this Website,
at any time, in its sole and absolute discretion. Any user ID and password you
may have for this Website are confidential and you must maintain confidentiality
of such information.
4. Your Content
In these Website Standard Terms and Conditions, “Your Content” shall mean any
service reqest, audio, video, text, images or other material you choose to enter
or display on this Website. With respect to Your Content, by displaying it, you
grant Hugenote Kollege a non-exclusive, worldwide, irrevocable,
royalty-free, sublicensable license to use, reproduce, adapt, publish, translate
and distribute it in any and all media.
Your content must be your own and must not be infringing on any third party’s
rights. Hugenote Kollege reserves the right to remove any of your Content
from this Website at any time, and for any reason, without notice.
5. No warranties
This Website is provided “as is”, with all faults, and Hugenote Kollege
makes no express or implied representations or warranties, of any kind related
to this Website or the materials contained on this Website. Additionally,
nothing contained on this Website shall be construed as providing consult or
advice to you.
6. Limitation of liability
In no event shall Hugenote Kollege , nor any of its officers, directors and
employees, be liable to you for anything arising out of or in any way connected
with your use of this Website, whether such liability is under contract, tort or
otherwise, and Hugenote Kollege , including its officers, directors and
employees shall not be liable for any indirect, consequential or special
liability arising out of or in any way related to your use of this Website.
7. Indemnification
You hereby indemnify to the fullest extent Hugenote Kollege from and
against any and all liabilities, costs, demands, causes of action, damages and
expenses (including reasonable attorney’s fees) arising out of or in any way
related to your breach of any of the provisions of these Terms.
8. Severability
If any provision of these Terms is found to be unenforceable or invalid under
any applicable law, such unenforceability or invalidity shall not render these
Terms unenforceable or invalid as a whole, and such provisions shall be deleted
without affecting the remaining provisions herein.
9. Variation of Terms
Hugenote Kollege is permitted to revise these Terms at any time as it sees
fit, and by using this Website you are expected to review such Terms on a
regular basis to ensure you understand all terms and conditions governing use of
this Website.
10. Assignment
Hugenote Kollege shall be permitted to assign, transfer, and subcontract
its rights and/or obligations under these Terms without any notification or
consent required.
However, you shall not be permitted to assign, transfer, or subcontract any of
your rights and/or obligations under these Terms.
11. Entire Agreement
These Terms, including any legal notices and disclaimers contained on this
Website, constitute the entire agreement between Hugenote Kollege and you
in relation to your use of this Website, and supersede all prior agreements and
understandings with respect to the same.
FREQUENTLY ASKED QUESTIONS
What does POPIA mean to you as one of our valued customers?
POPIA was enacted in November 2013 to enhance our constitutional right to
privacy and to ensure the safeguarding of personal information processed by
public and private bodies. It outlines eight conditional requirements for the
processing of personal information.
Hugenote Kollege is committed to proper processing of personal information
of natural and juristic persons that have entrusted us with their personal
information and pledge our responsibility to process this information in line
with the law.
What is defined as personal information?
Personal information is information relating to an identifiable, living, natural
person or existing juristic person, that relates to, among others, the race,
gender, sex, marital status, sexual orientation, age, physical, mental,
spiritual, economic, cultural or social identity; their health, educational or
financial history; as well as identifying numbers and addresses including
biometric information belonging to either an identifiable living natural person
or an existing juristic person.
The eight conditions for lawful processing of personal information
1. Accountability: Hugenote Kollege is accountable for the personal
information it processes or holds in its possession.
2. Processing limitation: Personal information must be processed in a lawful and
reasonable manner. The purpose for processing the information must be lawful,
adequate, relevant and not excessive.
3. Purpose specification: The purpose for processing personal information must
be specific, explicitly defined and lawful.
4. Further processing limitation: The reason for processing personal information
further must be compatible with the original purpose of collection.
5. Information quality: We are required to take practicable steps to ensure that
the personal information we process is complete, accurate, not misleading and
updated.
6. Openness: Personal information must be processed in a way that allows the
data subject to know what is happening to their personal information.
7. Security Safeguards: We pledge to ensure that there are sufficient security
safeguards in place to secure the integrity and confidentiality of the personal
information in our possession.
8. Data subject participation: Data subjects have a right to access to their
personal information and to correct and update their personal information.
Hugenote Kollege (Pty) Ltd POPIA Compliance Statement
Your privacy is very important to Hugenote Kollege and we will use
reasonable efforts to ensure that any personal information provided by you, or
which is collected from you or a third party is kept secure and confidential. We
hereby wish to declare that we protect all forms of personal information and
therefore will not share, divulge or market any personal information without
consent.