PERSONA CAFÉ (PTY) LTD PRIVACY NOTICE Policy
1. INTRODUCTION
1.1. PERSONA CAFÉ (PTY) LTD (“PERSONA CAFÉ”) is a smart, digital business card;
1.2. PERSONA CAFE is required, in certain instances, to process personal information Accordingly, PERSONA CAFE is required to protect the personal information asset out in the Protection of Personal Information Act 4 of 2013, including its Regulations (POPIA).
1.3. This notice constitutes PERSONA CAFE’s policy statement to declare its commitment to comply with POPIA. Accordingly, it provides insights on how PERSONA CAFE processes personal information of data subjects as set out in POPIA.
1.4. PERSONA CAFE shall ensure that personal information is processed within the parameters of the law.
1.5. This notice must be read in conjunction with POPIA and its Regulations, where applicable.
2. OBJECTIVE
2.1. The objective of this notice is to give effect to POPIA and to provide clarity on the Following:
2.1.1. What personal information PERSONA CAFE collects about a data subject;
2.1.2. How PERSONA CAFE uses and protects the personal information of a data subject;
2.1.3. How long PERSONA CAFE keeps the personal information of a data subject; 2.1.4. The rights of a data subject regarding their personal information; and
2.1.5. What the data subject should do if he/she does not want to provide PERSONA CAFE with his personal information.
3. INTERPRETATION AND DEFINITIONS
In this notice:
3.1. Clause headings are for convenience and reference only and shall not be used in the interpretation thereof;
3.2. Any gender includes the other genders and a natural person includes a juristic person and vice versa;
3.3. The following words and/or expressions shall, unless the context indicates otherwise, bear the meaning assigned to them below and in POPIA;
3.3.1. “Cookie/s” (also called web cookie, Internet cookie, browser cookie, or simply cookie) is a small piece of data sent from a website and stored on the user's computer by the user's web browser while the user is browsing to inter alia remember state full information (such as items added in the shopping cart in an online store) or to record the user's browsing activity;
3.3.2. “Data subject” means the person to whom Personal information relates;
3.3.3. “Operator” means a third party that processes Personal information in terms of a mandate or contract with PERSONA CAFE without coming under the direct authority of PERSONA CAFE;
3.3.4. “Information officer” means the person appointed by PERSONACAFE from time to time, who is responsible for the monitoring of compliance, with the conditions for the lawful processing of Personal information; dealing with requests made to PERSONA CAFE in terms of POPI; working with the Regulator in relation to investigations conducted in relation to prior authorization by the Data subject and ensuring compliance by PERSONA CAFE with the provisions of POPIA;
3.3.5. “Person” means any person, company, close corporation, trust, partnership or other entity;
3.3.6. “Personal information” shall mean the race, gender, sex, pregnancy, marital status, national or ethnic origin, colour, sexual orientation, age, physical or mental health, disability, religion, conscience, belief, culture, language and birth of a person; information relating to the education or the medical, financial, criminal or employment history of the person; any identifying number, symbol, email address, physical address, telephone number, location information, online identifier or other particular assignment to the person; the biometric information of the person; the personal opinions, views or preferences of the person; 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; the views or opinions of another individual about the person whether the information is recorded electronically or otherwise.
3.3.7. “Privacy Notice or Notice” means this Notice as amended from time to time;
3.3.8. ‘‘Processing’’ means any operation or activity or any set of operations, whether or not by automatic means, concerning personal information, including—
(a) the collection, receipt, recording, organization, collation, storage, updating or modification, retrieval, alteration, consultation or use;
(b) dissemination by means of transmission, distribution or making available in any other form; or
(c) merging, linking, as well as restriction, degradation, erasure or destruction of information.
4. PROCESSING OF PERSONAL INFORMATION
4.1. Personal information PERSONA CAFE collects about a data subject and the basisthereof
4.1.1. The personal information PERSONA CAFE collects in the ordinary course of business includes:
4.1.1.1. The personal information collected which is used to process application For membership of PERSONA CAFE, to give us an indication of your skills and interests, and to allow us to stay in contact with you. We collect the information directly from you when you apply for membership, and do not collect unnecessary information. Further personal information Which may be collected by PERSONACAFE includes:
4.1.1.2. Electronic communications or any other information submitted to PERSONA CAFE;
4.1.1.3. Technical information, for instance through the use of cookies, such as activity data, such as when the Data subject completes a form on the PERSONA CAFE website, subscribes to a newsletter, alerts or other services from PERSONA CAFE;
4.1.1.4. Information from the Data subject’s visits to the PERSONA CAFE website, including the type of browser and operating system that the Data subject uses, access times, pages viewed, URLs clicked on, his IP address;
4.1.1.5. Social media tracking pixels that allow platforms such as LinkedIn or Facebook to interact with the PERSONA CAFE website; 4.1.1.6. device information, including the unique device identifier, hardware model, operating system and version and mobile network information;
4.2 Protecting the Data subject’s Personal information
4.2.1. PERSONA CAFE uses a variety of security measures and technologies to help protect Personal information of a Data subject from unauthorized access, use, disclosure, alteration or destruction in line with applicable Personal information protection and privacy laws. For example, when PERSONA CAFE shares the Personal information of a Data subject with external persons, it shall put in place a written Data Processing Agreement which commits such persons to keep the Data subject’s Personal information confidential, and to put in place appropriate security measures to keep it secure.
4.2.2. The transmission to PERSONA CAFE of information via the internet or a mobile phone network connection may not be completely secure and any transmission is at the Data subject’s risk.
4.2.3. Despite the security measures that PERSONA CAFE has in place to protect Personal information of a Data subject (firewalls, password access and encryption methods), the Data subject acknowledges that it may be accessed by an unauthorized third party, e.g. as a result of an illegal activity.
5. HOW DOES PERSONA CAFE USE THE PERSONAL INFORMATION OF A DATASUBJECT
5.1. PERSONA CAFE may use the Personal information of a Data subject to provide the Data subject with information and membership services including:5.1.1. Processing your application for membership of PERSONA CAFE;
5.1.2. Processing of membership fee payments.
5.2. Contact and interact with the Data subject, including to:
5.2.1. respond to requests from the Data subject; and
5.2.2. provide important notices and updates, such as newsletters and administrative messages; and
5.2.3. Providing you with communications in respect of PERSONA CAFE activities and related matters that may affect you
5.3. Operate PERSONA CAFE’s business, including:
5.3.1. complying with applicable laws, regulations and guidance; and
5.3.2. complying with demands or requests made by regulators, governments, courts and law enforcement authorities.
5.4. Improve PERSONA CAFE’s day-to-day operations, including:
5.4.1. for internal purposes such as auditing, data analysis and research to help PERSONA CAFE deliver and improve its digital platforms, content and services;
5.4.2. to improve PERSONA CAFE products and services and communications to the Data subject; and
5.4.3. to ensure that PERSONA CAFE has up-to-date contact information forthe Data subject, where applicable.
6. HOW LONG WILL PERSONA CAFE KEEP PERSONAL INFORMATION OF A DATA
PERSONA CAFE will always keep the personal information of a Data subject for the period required by law and where it needs to do so in connection with legal action or an investigation in which it is involved. Otherwise, PERSONA CAFE will keep Personal information of a Data subject for as long as needed to provide the Data subject with membership access or for longer periods if the personal information is being used for historical, statistical or research purposes provided that PERSONA CAFE will have established appropriate safeguards against the records being used for any other purposes.
7. THE DATA SUBJECT’S RIGHTS REGARDING HIS PERSONAL INFORMATION
PERSONA CAFE acknowledges that the Data subject is entitled to:
7.1. request PERSONA CAFE for access to Personal information that PERSONACAFE holds about him/her/it;
7.2. request the correction and/or deletion of his/her/its Personal information;
7.3. request the restriction of the processing of his/her/its Personal information, or object to that processing;
7.4. withdraw his/her/its consent to the processing of his Personal information (where PERSONA CAFE is processing his Personal information based on his/her consent);
7.5. complain to the Information Regulator if his privacy rights are violated, or if he/she/it has suffered as a result of unlawful processing of his Personal information.
8. IMPORTANT NOTICE TO DATA SUBJECTS
8.1. Due to ongoing changes, changes in the law and the changing nature of technology, PERSONA CAFE s data protection practices will change from time to time. If and when its protection practices change, PERSONA CAFE will update this Notice to describe its new practices. The Data subject is encouraged to check it regularly.
CONTACT US
For any questions or requests regarding this Notice or if a Data subject would like to exercise his/her rights including contacting the Information officer, please use the following contact information of the Information officer:
Caitlynn Kerr
Email: info@mypersona.co.za
