Integra (PTY) LTD ("Integra")
Introduction
1.1. In order to carry out its goals and business objectives as a company, Integra does and will on an ongoing basis collect, store, transfer and use personal information.
1.2. The Protection of Personal Information Act 4 of 2013 (hereinafter referred to as "POPIA") aims to give effect to the constitutional right to privacy by introducing measures that regulate every step of how personal information belonging to both individuals and juristic entities is collected, stored, transferred and used by both private and public bodies from the moment of collection until the moment of destruction in order to ensure that personal information is processed and managed in a fair, transparent and secure manner.
1.3. Integra is committed to protecting individuals and juristic entities right to privacy and in consequence, undertakes to responsibly process personal information in line with the provisions of POPIA. Integra does this not only to comply with the provisions of POPIA but also to protect its reputation, as well as to ensure good corporate practice.
1.4. The purpose of this policy is to create a general framework aimed at setting out the manner in which Integra processes personal information.
1.5. This privacy policy is applicable to all of Integra’s electronic platforms and facilities, including but not limited to social media platforms, websites and emails.
1.6. This privacy policy is also applicable to all of Integra’s employees, clients, vendors, contractors, suppliers and any other third parties whose personal information may be collected, stored, transferred, used or processed in any other way by Integra.
Definitions
2.1. The following definitions apply to this policy:
2.1.1. Client - The term Client is expansively defined in this Privacy Policy and means the person to whom personal information relates which may include employees, clients, prospective clients, vendors, contractors, suppliers and any other third parties whose personal information may be lawfully processed by Integra.
2.1.2. CPA - The Consumer Protection Act, 68 of 2008.
2.1.3. Companies Act - The Companies Act, 71 of 2008.
2.1.4. Competent Person - Any person who is legally competent to consent to any action or decision being taken in respect of any matter concerning a minor.
2.1.5. Consent - Any voluntary, specific and informed expression of will in terms of which permission is given for the processing of personal information.
2.1.6. FICA - The Financial Intelligence Centre Act, 38 of 2001.
2.1.7. Information Officer - Chief Executive Officer or the Managing Director or equivalent officer of Integra or any person duly authorised by the Chief Executive Officer or the Managing Director to act as Information Officer.
2.1.8. Operator - A person who processes personal information for Integra in terms of a contract or mandate, without coming under the direct authority of Integra.
2.1.9. PAIA - The Promotion of Access to Information Act, 2 of 2000.
2.1.10. Personal Information - Information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to:
2.1.10.1. Information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person.
2.1.10.2. Information relating to the education or the medical, financial, criminal or employment history of the person.
2.1.10.3. Any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or another particular assignment to the person.
2.1.10.4. The biometric information of the person.
2.1.10.5. The personal opinions, views or preferences of the person.
2.1.10.6. Correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence.
2.1.10.7. The views or opinions of another individual about the person.
2.1.10.8. The name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person.
2.1.11. POCDATARA Act - The Protection of Constitutional Democracy Against Terrorist and Related Activities Act, 33 of 2004.
2.1.12. Processing - Any operation or activity or any set of operations, whether or not by automatic means, concerning personal information, including:
2.1.12.1. The collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use.
2.1.12.2. Dissemination by means of transmission, distribution or making available in any other form.
2.1.12.3. Merging, linking, as well as restriction, degradation, erasure or destruction of information.
2.1.13. Responsible Party - A public or private body or any other person which, alone or in conjunction with others, determines the purpose of and means for processing personal information.
2.1.14. Special Personal Information - means information relating to:
2.1.14.1. The religious or philosophical beliefs, race or ethnic origin, trade union membership, political persuasion, health or sex life or biometric information of a data subject.
2.1.14.2. The criminal behaviour of a data subject to the extent that such information relates to:
2.1.14.2.1. The alleged commission by a data subject of any offence.
2.1.14.2.2. Any proceedings in respect of any offence allegedly committed by a data subject or the disposal of such proceedings.
2.1.15. UIF - Unemployment Insurance Act, 63 of 2001.
Purpose For Which Personal Information Is Processed
3.1. Integra undertakes to process the personal information of the Client to the extent, and in such a manner as is necessary to provide the services agreed upon and in accordance with the written instructions of the Client, unless required to do otherwise by law.
3.2. Integra further undertakes to, at all times reasonably process personal information and is accordingly committed to processing personal information in an adequate, relevant and non-excessive manner.
3.3. Integra will accordingly process the personal information of its Clients for the following purposes:
3.3.1. To act on or respond to instructions or requests for the provision of insurance and other related services.
3.3.2. To fulfil any contractual obligations and/or responsibilities which may arise in terms of a contract entered into with Integra as a Responsible Party, Operator or Contracting Party in any other capacity.
3.3.3. In order to comply with any compulsory obligations and/or responsibilities under South African laws and regulations, including but not limited to the POPIA, FICA, POCDATARA, CPA, UIF and the Companies Acts.
3.3.4. For Human Resources and Labour Relations purposes in the case of prospective, existing and former employees.
3.3.5. For market research, analytical and statistical purposes.
3.3.6. For general administrative purposes.
3.3.7. For direct marketing purposes.
3.3.8. For the purpose of identifying other products and services which might be of interest to clients.
3.3.9. For business transaction purposes such as but not limited to a merger, acquisition or any form of sale of any assets.
3.3.10. For the purpose of helping us improve and customise the client’s experience.
3.3.11. For any other purpose related to the functions and activities of Integra.
3.4. In order to perform the purposes described above, Integra may from time to time share a client’s personal information with the following parties:
3.4.1. Employees, which will only be done on a need-to-know basis.
3.4.2. Suppliers and vendors, which will only be done on a need-to-know basis.
3.4.3.Carefully selected business partners who provide products and services which may be of benefit to the client, which will only be done on a need-to-know basis.
3.4.4. Operators such as service providers and agents who perform services on behalf of Integra, which will only be done on a need-to-know basis and in terms of a Integra operator agreement.
3.5. Integra does not share or process Clients personal information with any third parties who do prescribe to clause 3.4 above, unless:
3.5.1. Integra is legally obliged to provide such information to another to comply with an obligation imposed by law.
3.5.2 . It is necessary for the purpose of fulfilling the contractual obligations of a contract entered into between the client and Integra.
3.5.3. It is necessary for pursuing the legitimate interests of Integra or of a third party to whom the information is supplied.
3.5.4. It is necessary in order to protect the legitimate interest of the client.
3.5.5. The consent of the Client has been obtained.
3.6. Under all the above-mentioned circumstances Integra 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 secure and confidential.
3.7. The duty of security and confidentiality held by the recipient will continue even after the termination or expiry of their services.
3.8. Integra is committed to ensuring that the personal information that it processes is obtained directly from its Clients.
3.9. Notwithstanding the provisions of clause 3.8, Integra may and will process personal information not obtained directly for its clients in the following circumstances:
3.9.1. The personal information is contained in or derived from a public record or has deliberately been made public by the client.
3.9.2. The client or a competent person where the client is a minor has consented to the collection of the information from another source.
3.9.3. The collection of personal information from another source would not prejudice the legitimate interest of the client.
3.9.4. The collection of the information from another source is necessary to comply with an obligation imposed by law.
3.9.5.The collection of the information from another source is necessary for the purpose of proceedings in any court of law or tribunal that has commenced or is reasonably contemplated.
3.9.6. The collection of the information from another source is necessary to maintain the legitimate interest of Integra or of a third party to whom the information is supplied.
3.9.7. Obtaining the personal information directly from the client would prejudice the lawful purpose for which it is collected.
3.9.8. Obtaining personal information directly from the client is not reasonably practicable.
3.10. The personal information of clients may also be further processed, but only in accordance or in a manner compatible with the purpose for which the personal information was obtained as provided for in clause 3.3 above.
Security Safeguards
5.1. Integra has implemented the appropriate technical and organisational security measures which are required in order to protect all personal information that it holds, from and against unauthorised access, accidental or willful manipulation and loss or destruction.
5.2. While Integra takes all reasonable efforts to safeguard the personal information which it holds, it cannot be held responsible for any loss or unauthorised processing of personal information which is beyond Integra’s reasonable control.
5.3. Integra’s website may contain links to another website outside of Integra’s control, accordingly, Integra is not responsible for the content, privacy or security of these other third party controlled websites.
5.4. Integra has placed cookies on its website which may make contact with a Client's device to help make the Integra social media and electronic platforms website better.
5.5. Integra may make use of social plugins of social networks such as Facebook, Youtube, Twitter, Instagram, LinkedIn and Google. Kindly note that Integra has no influence on or control over the extent of the data retrieved by the social networks’ interfaces and Integra can accordingly not be held responsible or liable for any processing or use of personal information transmitted via these social plugins.
5.6. 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 to protect the personal information of the client, please refer to the privacy policy provided by the social network concerned.
Data Retention
6.1. Integra will not retain the personal information of clients for longer than is necessary for achieving the purpose for which the information was collected, stored, transferred, used or processed in any other way.
6.2. Personal information obtained for any of the purposes set out in clause 3.3 will be retained for as long as there is an active and existing relationship between Integra and the client.
6.3. The personal information of inactive former clients will be retained for no longer than 2 (two) years after termination of the relationship between Integra and the client, unless otherwise required or authorised by law, for any lawful purposes related to Integra's functions or activities, by a contract between Integra and the former client, by consent of the former client or a competent person where the information relates to a minor.
6.4. Should there be no valid reason as set out in 6.3 for retaining the personal information of former clients, the record of personal information will be destroyed or deleted or alternatively de-identified.
6.5. The destruction or deletion of a record of personal information in terms of clause 6.4 will be done in a manner that prevents its reconstruction in an intelligible form.
6.6. Integra will not process personal information if its accuracy is contested by the client.
Client Participation And Information Quality
7.1. A client, having provided adequate proof of identity, may request Integra to confirm, free of charge, whether or not Integra holds personal information about the client.
7.2. A client, having provided adequate proof of identity, may also request the record or description of the personal information about the client that is held by Integra. This record or description of the record will be provided within a reasonable time, at a prescribed fee.
7.3. Whilst Integra will take reasonably practicable steps to ensure the integrity and accuracy of a client’s personal information, this may not at all times be possible. It is accordingly the responsibility of the client to update Integra of any changes to their personal information.
7.4. Clients have the right to access or request a correction or deletion of any personal information which Integra may have and where applicable may ask Integra to update any inaccuracies in such personal information. Any such requests must be done by way of completing the appropriate form and be submitted to the Information Officer.
7.5. Clients have the right to request the destruction or deletion of any record of personal information which Integra may have. Any such request must be done by way of completing the appropriate form and must be submitted to the Information Officer.
Processing Of Personal Information Belonging To Minors
8.1.If Integra collects, stores, transfers, uses or processes in any way the personal information of a minor, it will do so only with the consent of the minor’s parent or legal guardian, unless the processing is necessary for the establishment, exercise or defence of a right or obligation in law.
Cross Border Transfer Of Personal Information
9.1. Integra will not transfer personal information about a Client to a third party who is in a foreign country unless the third party who is the recipient of the information is subject to a law, binding corporate rules or binding agreement which provide an adequate level of protection that is the same or substantially similar to the level of protection offered by POPIA.
9.2. Integra may also transfer the personal information of a Client to a third party who is in a foreign country in the following circumstances:
9.2.1. The client consents to the transfer:
9.2.2, The transfer is necessary for the performance of a contract between the client and Integra.
9.2.3. Where the transfer is for the benefit of the client and it is not reasonably practicable to obtain the consent of the Client to that transfer and if it were reasonably practicable to obtain such consent, the client would be likely to give it.
Revocation Of Consent
10.1. A client may at any time withdraw their consent to the processing of any of their personal information held by Integra.
10.2. Clients have the right to request the withdrawal of their consent to the processing of any personal information held by Integra. Any such request must be done by way of completing the appropriate form and must be submitted to the Information Officer.
10.3. The lawfulness of the processing of personal information before the withdrawal of consent will not be affected.
Incident Response
11.1. Integra shall notify the client within a reasonable time in writing and shall place a notice on its website if it becomes aware or has reasonable grounds to believe that the personal information of clients has been accessed or acquired by unauthorised persons.
11.2. Integra undertakes further to promptly take action, at its own reasonable expense, to investigate any such suspected breach and to identify, prevent and mitigate the effects of any such breach.
11.3. Integra will as soon as is reasonably possible after the discovery of the compromise provided for in clause 11.1, in writing and in accordance with the provisions of POPIA notify the Information Regulator.
Revision of the Policy
12.1. Integra reserves the right to and may from time to time update or amend this Privacy Policy.
12.2. If material amendments are made in how personal information is collected, stored, transferred, used or processed in any other way, this Privacy Policy will be updated and notices will be provided where appropriate.
12.3. Any general updates or amendments of this Privacy Policy will be published as such on the Integra website.
12.4. By continuing to use Integra's website or any of the other Integra services following any updates or amendments, the client will be deemed to have agreed to such changes.
12.5. Clients are advised to visit and re-read this Privacy Policy on a regular basis.
Complaints
13.1. Should a client believe that we have used their personal information contrary to this Privacy Policy, clients have the right to lodge a complaint with the Information Regulator.
13.2. Notwithstanding the provisions of clause 13.1, Integra encourages clients to first follow internal complaints processes in order to resolve the complaint. In this regard, clients are encouraged to contact the information Officer.
13.3. If, thereafter, clients feel that Integra has not adequately resolved their complaint, kindly contact the Information Regulator, whose contact details are as follows:
Physical Address:
JD House, 27 Stiemens Street, Braamfontein,
Johannesburg, 2001
Postal address:
P.O Box 31533, Braamfontein,
Johannesburg, 2017
Complaints email: complaints.IR@justice.gov.za
General enquiries email:b> inforeg@justice.gov.za/
