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Privacy Policy

PRIVACY POLICY

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 SIKHULEKILE’S website and related resources in respect of data privacy is important to SIKHULEKILE.

Whilst SIKHULEKILE is 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, SIKHULEKILE has to ensure that these rights to privacy are balanced with other rights such as the right to use and have access to SIKHULEKILE’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 SIKHULEKILE’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 anothers Personal Information lawfully and in accordance with the provisions of POPIA and the 8 Personal Information Processing Principles.

PLEASE READ THE DOCUMENT BEFORE YOU MAKE USE OF THE SIKHULEKILE’S ELECTRONIC FACILITIES OR PROVIDE SIKHULEKILE WITH ANY PERSONAL INFORMATION. BY PROVIDING SIKHULEKILE WITH YOUR PERSONAL INFORMATION, YOU CONSENT TO SIKHULEKILE PROCESSING YOUR PERSONAL INFORMATION, WHICH SIKHULEKILE UNDERTAKES TO PROCESS STRICTLY IN ACCORDANCE WITH THIS PRIVACY POLICY.

 

  1. INTRODUCTION

1.1 SIKHULEKILE in order to carry out its aims and objectives as a transporter of fast moving consumable goods, 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, SIKHULEKILE 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 SIKHULEKILE.

1.4 In accordance with this requirement, SIKHULEKILE sets out the 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 SIKHULEKILE will use and handle this Personal Information, as well as
  • The conditions under which it will provide its own Personal Information.
  1. APPLICATION

2.1 The Privacy Policy of SIKHULEKILE, is applicable to

2.1.1 all SIKHULEKILE’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 SIKHULEKILE, and

2.1.2 all and any Data Subject(s), who may access and make use of the aforementioned SIKHULEKILE’S electronic platforms and facilities, including, without detracting from the generality thereof, SIKHULEKILE’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 SIKHULEKILE and which is provided to any responsible parties and / or operators as a result of such person accessing or making use of SIKHULEKILE’S social media and electronic platforms.

  1. ACCOUNTABILITY

3.1 SIKHULEKILE takes the privacy and protection of a Data Subject’s Personal Information very seriously and will only process a Data Subject’s Personal Information in accordance with POPIA and the terms of this Privacy Policy.

3.2 In turn where SIKHULEKILE provides any of its Personal Information to a Responsible Party or Operator, then such person will be required as a condition of receiving such information, to process such Personal Information in accordance with POPIA and the terms of this Privacy Policy.

3.3 Accordingly, the relevant data privacy principles relating to the processing of Personal Information, whether that belonging to SIKHULEKILE 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 SIKHULEKILE to another or received by SIKHULEKILE as a result of the use of SIKHULEKILE’S electronic platforms and facilities.

  1. AGREEMENT TO BE BOUND AND CONSENT TO PROCESS

4.1 By accessing or using the SIKHULEKILE’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 SIKHULEKILE’S email, the Data Subject:

4.1.1 acknowledges that it has read and understood this Privacy Policy and related provisions;

4.1.2 agrees to be bound by this Privacy Policy;

4.1.3 agrees to comply with this Privacy Policy; and

4.1.4 gives SIKHULEKILE consent to process and further process the required Personal Information for the required purpose, in accordance with this Privacy Policy.

  1. RECEIPT, USE AND SHARING OF PERSONAL INFORMATION BY SIKHULEKILE

5.1 SIKHULEKILE will receive Personal Information pertaining to a Data Subject when the Data Subject submits a query or request via the SIKHULEKILE’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, SIKHULEKILE 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:

  • for the purposes of identifying and / or verifying the Data Subject’s details;
  • for the purposes of providing information, products and / or services or details in connection therewith or pertaining thereto, that the Data Subject, may have requested;
  • for trade application and / or purchasing purposes;
  • to enroll the Data Subject as a vendor;
  • for employment application purposes;
  • for the purpose of concluding an employment relationship with an applicant;
  • for the purposes of managing any information pertaining to the Data Subject;
  • for further processing or general administration purposes;
  • for legal or contractual purposes;
  • to help SIKHULEKILE improve the quality of SIKHULEKILE’S products and services;
  • to help SIKHULEKILE detect and prevent fraud and money laundering;
  • for the purposes of recovering unpaid monies and / or any other amount due to SIKHULEKILE;
  • for the purpose of debt collection;
  • for the purposes of research, analytical and statistical purposes;
  • for the purpose of carrying out analysis and consumer / customer profiling;
  • for the purposes of identify other products and services which might be of interest to the Data Subjects;
  • for the purposes of informing a Data Subject about SIKHULEKILE’S products and services.

 5.3 In order to correctly handle any request or query, and in order to perform the purposes described above, SIKHULEKILE may from time to time share a Data Subject’s Personal Information with the following parties:

  • SIKHULEKILE’S employees, which will only be done on a need to know basis;
  • SIKHULEKILE’S suppliers, which will only be done on a need to know basis;
  • SIKHULEKILE’S carefully selected business partners who provide products and services which may be of benefit to a Data Subject which will only be done on a need to know basis; and
  • SIKHULEKILE’S operators such as service providers and agents who perform services on behalf of SIKHULEKILE, which will only be done on a need to know basis and in terms of a SIKHULEKILE’S operator agreement.

5.4 SIKHULEKILE does not share a Data Subject’s Personal Information with any third parties who have not been described above, unless:

  • SIKHULEKILE is legally obliged to provide such information to another for legal or regulatory purposes;
  • SIKHULEKILE 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 SIKHULEKILE’S legitimate interests or that of the Data Subject or a third party;
  • SIKHULEKILE 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 above mentioned circumstances, SIKHULEKILE 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.

5.5 Where SIKHULEKILE has to transfer the Data Subject’s Personal Information across the South African borders, it will before it does so, ensure that the recipient thereof agrees to be bound by POPIA under and in terms of a set of binding corporate rules or binding agreements that provide an adequate level of protection and uphold the principles for the reasonable and lawful processing of such Personal Information.

  1. RECEIPT, USE AND SHARING OF SIKHULEKILE’S PERSONAL INFORMATION

SIKHULEKILE 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 SIKHULEKILE.

  1. INFORMATION QUALITY/OPENNESS/DATA SUBJECT PARTICIPATION

7.1 Whilst SIKHULEKILE 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 SIKHULEKILE 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 SIKHULEKILE may have and where applicable may ask SIKHULEKILE to correct any inaccuracies in or to any such Personal Information. Any access request can be requested, please give us a call on (+2713) 013 0352.

  1. SECURITY OF PERSONAL DATA

8.1 SIKHULEKILE makes all reasonable effort to keep its social media and electronic platforms including its website secure at all times, however SIKHULEKILE advises that it cannot guarantee the security of any information provided to SIKHULEKILE through the SIKHULEKILE’S website, e-mail, internet or social media sites. Following this SIKHULEKILE cannot be held responsible for any loss or unauthorized use or interception of information transmitted via these social media and electronic platforms or sites, including its Internet, which is beyond SIKHULEKILE’S reasonable control.

8.2 The SIKHULEKILE’S website may contain links to other websites outside of SIKHULEKILE’S control. SIKHULEKILE is not responsible for the content, privacy or security of these other third party controlled websites.

8.3 SIKHULEKILE may have cookies on its website which makes contact with your / a Data Subject’s device to help make the SIKHULEKILE’S social media and electronic platforms website better.

8.4 SIKHULEKILE makes use of social plugins of social networks such as Facebook, YouTube, LinkedIn and Twitter. Please note that SIKHULEKILE has no influence on or control over the extent of the data retrieved by the social networks’ interfaces and SIKHULEKILE 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.

8.5 Note that all SIKHULEKILE’S social media and electronic platforms including its website and telephone facilities and your use of them will be monitored on a regular basis including the recordal and interception of content placed on or stored on said facilities which is done for security, integrity and quality assessment purposes and by using such electronic platforms and facilities you expressly acknowledge notice of such monitoring and interception and give consent thereto in accordance with the Regulation of Interception of Communications and Provision of Communication-Related Information Act 70 of 2002 (“RICA”),

8.6 Subject to the provisions above, SIKHULEKILE has implemented the appropriate technical and organizational security measures which are required in order to protect all Personal Information and related data which it holds from and / or against unauthorized access, accidental or willful manipulation, loss or destruction.

  1. THIRD PARTY INFORMATION

If a Data Subject provides SIKHULEKILE with Personal Information on behalf of another, SIKHULEKILE 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.

 

  1. CONTACT DETAILS

You can contact SIKHULEKILE in relation to this Privacy Policy by writing to us at or by calling us on (+2713) 013 0352.

  1. REVISION OF POLICIES

SIKHULEKILE 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 SIKHULEKILE’S 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.