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 Steely website and related resources in respect of data privacy is important to us.
Whilst we are 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, Steely has to ensure that these rights to privacy are balanced with other rights such as the right to use and have access to the Steely’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 Steely’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 8 Personal Information Processing Principles.
1.1 Steely in order to carry out its aims and objectives as a service provider and marketer of drinking products, 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, Steely 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 Steely.
1.4 In accordance with this requirement, Steely 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 Steely 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 Steely’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 Steely, and
2.1.2 all and any Data Subject(s), who may access and make use of the aforementioned Steely electronic platforms and facilities, including, without detracting from the generality thereof, Steely’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 Steely and which is provided to any responsible parties and / or operators as a result of such person accessing or making use of the Steely social media and electronic platforms.
3.3 Accordingly, the relevant data privacy principles relating to the processing of Personal Information, whether that belonging to Steely 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 Steely to another or received by Steely as a result of the use of the Steely’s electronic platforms and facilities.
- AGREEMENT TO BE BOUND AND CONSENT TO PROCESS
4.1 By accessing or using the Steely’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 the Steely email, the Data Subject:
- RECEIPT, USE AND SHARING OF PERSONAL INFORMATION BY STEELY
5.1 Steelys will receive Personal Information pertaining to a Data Subject when the Data Subject submits a query or request via the Steely’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, Steely 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:
The type of personal information we collect.
We currently collect and process the following information:
We may process different kinds of personal data about you which we have grouped together as follows:
- Identity Data, which includes information concerning your name, username or similar identifier, date of birth, identity number.
- Contact Data, which includes billing addresses, delivery addresses, email addresses and telephone numbers.
- Financial Data, which may include bank account and payment card details.
- Transaction Data, which includes details about payments to and from you.
- Service Data, which includes information concerning your interactions with Steely.
- Security Data, which may include records of your access to our facilities.
- Technical Data, which includes your internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access the Website.
- Usage Data, which includes information about how you use our website, products and services; and
- Marketing and Communications Data, which includes your preferences in receiving marketing from us and your communication preferences, You may opt-out of receiving direct marketing communications from us at any time by requesting us (in the manner set out in the communication or by contacting us ) to desist from initiating any direct marketing to you.
If any information you provide us contains the processing of personal information of a minor , this processing of personal information of may only be carried out with the prior consent of the competent person such as a parent or legal guardian, unless lawful basis exists allowing us to process such information without the aforementioned consent.
5.3 In order to correctly handle any request or query, and in order to perform the purposes described above, Steely may from time to time share a Data Subject’s Personal Information with the following parties:
- Steely’s employees, which will only be done on a need to know basis;
- Steely’s suppliers, which will only be done on a need to know basis;
5.4 Steely does not share a Data Subject’s Personal Information with any third parties who have not been described above, unless:
- Steely is legally obliged to provide such information to another for legal or regulatory purposes;
- Steely 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 Steely’s legitimate interests or that of the Data Subject or a third party;
- Steely is 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, Steely 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.
- RECEIPT, USE AND SHARING OF THE STEELY’S PERSONAL INFORMATION
Steely 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 Steely.
- INFORMATION QUALITY/OPENNESS/DATA SUBJECT PARTICIPATION
7.1 Whilst Steely 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 Steely 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 Steely may have and where applicable may ask Steely to correct any inaccuracies in or to any such Personal Information.
- SECURITY OF PERSONAL DATA
8.1 Steely makes all reasonable effort to keep its social media and electronic platforms including its website secure at all times, however Steely advises that it cannot guarantee the security of any information provided to Steely or by Steely through the Steely website, e-mail, internet or social media sites. Following this Steely 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 Steely’s reasonable control.
8.2 The Steely website may contain links to other websites outside of Steely’s control. Steely is not responsible for the content, privacy or security of these other third party controlled websites.
8.3 Steely has placed cookies on its website which makes contact with your / a Data Subject’s device to help make the Steely’s social media and electronic platforms website better.
8.4 Steely makes use of social plugins of social networks such as Facebook, Instagram and Twitter. Please note that Steely has no influence on or control over the extent of the data retrieved by the social networks’ interfaces and Steely can accordingly not be held responsible or liable for any processing or use of Personal Information transmitted via these social plugins. For information on 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.
- THIRD PARTY INFORMATION AND THAT BELONGING TO MINORS
9.1 If a Data Subject provides Steely with Personal Information on behalf of another, Steely 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.
- CONTACT DETAILS
- REVISION OF POLICIES
Steely 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 the Steely website.
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.