- OTT Mobile Technologies (Pty) Ltd, registration number 2013/190847/07, via the Second Chance Platform and in order to carry out its goals and business objectives as a computer application and technologies company, does and will on an ongoing basis process personal information.
- 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.
- Second Chance 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. Second Chance does this not only to comply with the provisions of POPIA, but also to protect its reputation, as well as to be a good corporate citizen.
- The purpose of this policy is to create a general framework aimed at setting out the manner in which Second Chance processes personal information.
2.1 The following definitions apply to this policy;
2.1.2 CPA – means the Consumer Protection Act, 68 of 2008;
2.1.3 Companies Act – means the Companies Act, 71 of 2008;
2.1.4 Competent person – means 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 – means any voluntary, specific and informed expression of will in terms of which permission is given for the processing of personal information;
2.1.6 Data Subject – means the person to whom personal information relates;
2.1.7 FICA – mean the Financial Intelligence Centre Act, 38 of 2001;
2.1.8 Information Officer – means the Chief Executive Officer or the Managing Director or equivalent officer of Second Chance or any person duly authorised by the Chief Executive Officer or the Managing Director to act as Information Officer;
2.1.9 Operator – means a person who processes personal information for Second Chance in terms of a contract or mandate, without coming under the direct authority of Second Chance
2.1.10 Personal Information – means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to—
184.108.40.206 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;
220.127.116.11 information relating to the education or the medical, financial, criminal or employment history of the person;
18.104.22.168 any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person;
22.214.171.124 the biometric information of the person;
126.96.36.199 the personal opinions, views or preferences of the person;
188.8.131.52 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;
184.108.40.206 the views or opinions of another individual about the person; and
220.127.116.11 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 Processing – means any operation or activity or any set of operations, whether or not by automatic means, concerning personal information, including—
18.104.22.168 the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use;
22.214.171.124 dissemination by means of transmission, distribution or making available in any other form; or
126.96.36.199 merging, linking, as well as restriction, degradation, erasure or destruction of information;
2.1.12 Responsible Party – means 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;
2.1.13 Special Personal Information – means information relating to—
188.8.131.52 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; or
184.108.40.206 the criminal behaviour of a data subject to the extent that such information relates to—
220.127.116.11.1 the alleged commission by a data subject of any offence; or
18.104.22.168.2 any proceedings in respect of any offence allegedly committed by a data subject or the disposal of such proceedings.
2.1.14 UIF – means the Unemployment Insurance Act, 63 of 2001.
PERSONAL INFORMATION COLLECTED
3.1 In order to conduct its business Second Chance may collect the following personal information and special personal information:
3.1.1 The Client’s Identity number, name, surname, race, gender, nationality, age, language preference, date of birth, email address, and telephone number.
3.1.2.Information relating to education, financial, criminal or employment history of a person, identifying numbers such as identity or passport number, tax identification numbers or tax reference numbers
3.1.3 The Client’s financial information, biometrics information and banking details.
3.2 Second Chance may collect additional pieces of personal information and special personal information by agreement between itself and the Client.
3.3. Second Chance do not process special personal information in the ordinary course of business. We will process other special personal information only if we obtain your consent or have another valid justification to do so.
4.1 Second Chance undertakes to process the personal information of the Client to the extent, and in such a manner as is necessary to provide its services and in accordance with the written consent of the Client, unless required to do otherwise by law.
4.2 Second Chance 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.
4.3 Second Chance will process the personal information of its Clients for the following purposes:
4.3.1 To act on or respond to instructions or requests for the provision of computer application, technological and other related services;
4.3.2 To fulfil any contractual obligations and/or responsibilities which may arise in terms of a contract entered into with Second Chance as a Responsible Party, Operator, Data Subject or contracting party in any other capacity;
4.3.3 In order to comply with any compulsory obligations and/or responsibilities under South African laws and regulations, including but not limited to POPIA, FICA, Act, CPA, and the Companies Act;
4.3.4 For Human Resources and Labour Relations purposes in the case of prospective, existing and former employees;
4.3.5 For market research, analytical and statistical purposes;
4.3.6 For general administrative purposes;
4.3.7 For direct marketing purposes in limited circumstances;
4.3.8 For the purpose of identifying other products and services which might be of interest to Clients;
4.3.9 For business transaction purposes such as but not limited to a merger, acquisition or any form of sale of any assets;
4.3.10 For the purpose of helping Second Chance improve and customize Client’s website experience, which will include but is not limited to the processing of personal information in the form of http cookies; and
4.3.11 For any other purpose related to the functions and activities of Second Chance.
PERSONAL INFORMATION SHARING
5.1 In order to perform the purposes described above, Second Chance may from time to time share a Clients personal information with the following parties;
5.1.1 Second Chance’s employees, which will only be done on a need-to-know basis;
5.1.2 Second Chance’s suppliers and vendors, which will only be done on a need-to-know basis;
5.1.3 Second Chance’s carefully selected business partners who provide products and services which may be of benefit to a Client, which will only be done on a need to know basis;
5.1.4 Second Chance’s operators such as service providers and agents who perform services on behalf of Second Chance, which will only be done on a need-to-know basis and in terms of a Second Chance operator agreement.
5.2 Second Chance does not share or process Clients personal information with any third parties who have not been described in clause 5.1 above, unless:
5.2.1 Second Chance is legally obliged to provide such information to another to comply with an obligation imposed by law;
5.2.2 It is necessary for the purpose of fulfilling the contractual obligations of a contract entered into between the Client and Second Chance;
5.2.3 It is necessary for pursuing the legitimate interests of Second Chance or of a third party to whom the information is supplied;
5.2.4 it is necessary in order to protect a legitimate interest of the Client; or
5.2.5 where the consent of the Client has been obtained.
5.3 Under all the above-mentioned circumstances Second Chance 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.
5.4 The duty of security and confidentiality held by the recipient will continue even after the termination or expiry of their services.
5.5 Second Chance is committed to ensuring that the personal information that it processes is obtained directly from its Clients.
5.6 Notwithstanding the provisions of clause 5.5, Second Chance may and will process personal information not obtained directly for its Clients in the following circumstances:
5.6.1 The personal information is contained in or derived from a public record or has deliberately been made public by the Client;
5.6.2 The Client or a competent person where the Client is a minor has consented to the collection of the information from another source;
5.6.3 The collection of the personal information from another source would not prejudice a legitimate interest of the Client;
5.6.4 The collection of the information from another source is necessary to comply with an obligation imposed by law;
5.6.5 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;
5.6.6 The collection of the information from another source is necessary to maintain the legitimate interest of Second Chance or of a third party to whom the information is supplied;
5.6.7 Obtaining the personal information directly from the Client would prejudice the lawful purpose for which it is collected; and where
5.6.8 Obtaining the personal information directly from the Client is not reasonably practicable.
5.7 The personal information of Clients may also be further processed by Second Chance, but only in accordance or in a manner compatible with the purpose for which the personal information was obtained as provided for hereinabove.
HOW PERSONAL INFORMATION IS COLLECTED
6.1. Directly from the data subject: Second Chance will not collect your personal information without your consent, except where it is required or permitted by law. Second Chance collect most of the personal information which is processed directly from the data subject or an authorised representative of the data subject, for example when an application form or client take-on form is completed or an investment mandate is concluded.
6.2. From third party sources: Second Chance also collect or process personal information obtained from third party sources or sources in the public domain.
6.3. During the course of our business relationship with a data subject and in the course performing a service to that data subject Second Chance may obtain information from product providers.
7.3 The Information Officer has the authority to designate and delegate any power and duty to a Deputy Information Officer.
- SECURITY SAFEGUARDS
8.1 Second Chance has implemented the appropriate technical and organisational security measures which are required in order to protect all personal information which it holds, from and against unauthorised access, accidental or willful manipulation and loss or destruction.
8.2 While Second Chance 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 Second Chance’s reasonable control.
8.3 Second Chance’s website may contain links to other website outside of Second Chance’s control, accordingly Second Chance is not responsible for the content, privacy or security of these other third party controlled websites.
8.4 Second Chance has placed cookies on its website which may make contact with a Client’s device to help make the Second Chance’s social media and electronic platforms website better.
8.5 Second Chance makes use of social plugins of social networks such as Facebook, Youtube, Twitter, Instagram, LinkedIn and Google. Kindly note that Second Chance has no influence on or control over the extent of the data retrieved by the social networks interfaces and Second Chance can accordingly not be held responsible or liable for any processing or use of personal information transmitted via these social plugins.
9.1 Second Chance 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.
9.2 Personal information obtained for any of the purposes set out in clause 4.3 will be retained for as long as there is an active and existing relationship between Second Chance and the Client.
9.3 The personal information of inactive former Clients will be retained only when it is required or authorised by law, for any lawful purposes related to Second Chance’s functions or activities, by a contract between Second Chance and the former Client, by consent of the former Client or a competent person where the information relates to a minor.
9.4 Should there be no valid reason as set out in 8.3 for retaining the personal information of former clients, the record of personal information will be destroyed or deleted or alternatively de-identified.
9.5 The destruction or deletion of a record of personal information in terms of clause 8.4 will be done in a manner that prevents its reconstruction in an intelligible form.
9.6 Second Chance will not process personal information if its accuracy is contested by the Client.
CLIENT PARTICIPATION AND INFORMATION QUALITY
10.1 A Client, having provided adequate proof of identity, may request Second Chance to confirm, free of charge, whether or not Second Chance holds personal information about the Client.
10.2 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 Second Chance. This record or description of the record will be provided within a reasonable time, at a prescribed fee.
10.3 Whilst Second Chance will take reasonably practicable steps to ensure the integrity and accuracy of a Clients personal information, this may not at all times be possible. It is accordingly the responsibility of the Client to update Second Chance of any changes to their personal information.
10.4 Clients have the right to access or request a correction or deletion of any personal information which Second Chance may have and where applicable may ask Second Chance 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.
10.5 Clients have the right to request the destruction or deletion of any record of personal information which Second Chance may have. Any such request must be done by way of completing the appropriate form and must be submitted to the Information Officer.
10.6. Clients have the right to have their personal information processed in accordance with the conditions for the lawful processing of personal information as set out in POPIA. Clients also have the rights as set out below which we need to make clients aware of.
PROCESSING OF PERSONAL INFORMATION BELONGING TO MINORS
11.1 If Second Chance 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
12.1 Second Chance 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 projection offered by POPIA.
12.2 Second Chance may also transfer the personal information of a Client to a third party who is in a foreign country in the following circumstances;
12.2.1 Where the Client consents to the transfer;
12.2.2 Where the transfer is necessary for the performance of a contract between the Client and Second Chance;
12.2.3 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
13.1 A Client may at any time withdraw their consent to the processing of any of their personal information held by Second Chance.
13.2 Clients have the right to request the withdrawal of their consent to the processing of any personal information held by Second Chance. Any such request must be done by way of completing the appropriate form and must be submitted to the Information Officer
13.3 The lawfulness of the processing of personal information before the withdrawal of consent will not be affected.
RIGHT OF ACCESS
14.1. In terms of section 23 of POPIA, clients are entitled to request Second Chance to:
14.1.1. confirm, free of charge, whether or not Second Chance hold personal information about the client.
14.1.2. provide a record or a description of the personal information Second Chance holds, including information about the identity of all the third parties, or categories of third parties who have, or have had, access to the personal information.
14.2. Clients will need to provide Second Chance with adequate proof of identity before Second Chance respond to a request. If a client requests a record, Second Chance will respond within a reasonable time. Second Chance may charge the fee under applicable law for providing copies of records to the client.
15.1 Second Chance shall notify the Client within a reasonable time in writing and shall place 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.
15.2 Second Chance 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.
15.3 Second Chance will as soon as is reasonably possible after the discovery of the compromise provided for in clause 13.1, in writing and in accordance with the provisions of POPIA notify the Information Regulator.
REVISION OF POLICY
17.2 Notwithstanding the provisions of clause 15.1, Second Chance 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.
17.3 If, thereafter, Clients feel that Second Chance has not adequately resolved their complaint, kindly contact the Information Regulator, whose contact details are as follows;
17.3.1 Physical address: JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001
17.3.2 Postal address; P.O Box 31533, Braamfontein, Johannesburg, 2017
17.3.3 Complaints email: complaints.IR@justice.gov.za
17.3.4 General enquiries email: firstname.lastname@example.org