Compliance with the Protection of Personal Information Act, 2013
This communication is sent to you by Modern Jointing Line CC T/A MJL Communications. The Protection of Personal Information Act 4 of 2013 (“POPIA”) came into operation on 1 July 2021 and will significantly change the current data protection regime in the Republic of South Africa. Amongst other things, POPIA requires us to comply with certain requirements when we process your personal information as defined in POPIA. Personal information under POPIA is defined to also include the personal information of identifiable, existing juristic persons and it requires us to provide certain information regarding how MJL Communications will deal with the personal information that you give to us, our affiliates, or agents, or that we otherwise obtain.
We value your privacy and would like to be transparent about the personal information we process when interacting with you. MJL Communications is a responsible party and as such we are subject to the rules and principles found in the Protection of Personal Information Act (POPIA). POPIA requires us to limit our use of personal data, get consent before using it, and let you withdraw your consent at a later stage if necessary. With this Personal Information Protection Notice, we inform and provide you with an overview of how we process your personal information and by doing so we are fulfilling our notification obligation. We are committed to manage and process your personal information in accordance with the applicable privacy and information protection law provisions, which specifically provide for the lawful, fair, and transparent processing of your personal information for specified, explicit and legitimate purposes in a reasonable manner that does not infringe on your right to privacy. We recognise and are committed to protecting your fundamental rights and freedoms, more specifically, your right to privacy which includes the right to the protection against the unlawful collection, retention, dissemination and use of personal information. Modern Jointing Line CC. T/A MJL Communications, (Registration number 1998/044506/23) has drafted a plan of action when it comes to protecting your privacy.
Using our services or not objecting to any terms of this policy implies your acceptance of this policy. This means that you consent to how we collect and process your personal information. We may update this policy from time to time, so please review it frequently. We will notify you before we make any material changes to this policy and allow you to review the revised policy before the changes take effect. Your continued use of our services will signify your acceptance of these changes.
Why is this communication being sent to you?
This notice is being sent to you as you are an active Client of MJL Communications and we are sending this notice to you so that you are aware and can ensure that any individuals connected with you (such as your third party representatives, employees, officers, directors, shareholders, independent contractors, sub-contractors, agents and expatriates and other related individuals) (“Associated Parties”) are notified by you about how MJL Communications handles personal information which is provided to us or is otherwise obtained by us. You should ensure that such Associated Parties are provided with a copy of this notice. This notice is also relevant to other entities connected with you (including any affiliates or subcontractors and agents appointed by you), to the extent that MJL Communications handles personal information relating to such entities or their Associated Parties.
This policy applies to you if you are:
- A visitor to our website
- A customer who has ordered or requested the goods or services that we provide.
Relevant policy contact details.
Dep. Information officer
124 Panorama Road, Gauteng ZA
012 329 5352
Source of personal information
Unless indicated otherwise, the source of information will be from you (the Client, subscriber, visitor) personally. If we receive any information of you from a third party, we will notify you thereof to determine the quality of such information.
Personal information includes:
- Certain information that we collect automatically when you visit our website.
- Certain information collected upon registration. (See below)
- Certain information collected on submission; and
- Optional information that you provide to us voluntarily. (See below)
- Information that has been made anonymous so that it does not identify a specific person.
- Permanently de-identified information that does not relate or cannot be traced back to you specifically.
- Non-personal statistical information collected and compiled by us; and
- Information that you have provided voluntarily in an open, public environment or forum.
Including (but not limited to) any blog, chat room, community, classifieds, or discussion board (because the information has been disclosed in a public forum, it is no longer confidential and does not constitute personal information subject to protection under this policy).
Common examples of the types of personal information which we may collect, and process include your:
- Identifying information- In respect of natural persons, this information relates to any information that allows you to be differentiated from other natural persons. This information, where relevant, includes, amongst others: your name, gender, race, marital status, date of birth, age, biometric information, photographs, passport number, drivers’ license, location information, online identifier, and personal identification number. In respect of juristic persons, this information includes, amongst others: the company name, the company registration number, the company tax number, the company VAT registration number, the company’s corporate structure, its directors, shareholders and members, the company’s composition, and business operations. Depending on the purpose for which we require the identification information, we may request copies of any associated credentials.
- Contact information – n respect of natural persons, this information, where relevant, relates to information that allows us to keep in touch with you. This information could include your home address, work address, e-mail, private phone number or other phone number contact, such as cell phone number. In respect of juristic persons, this information relates to information that allows us to keep in touch with you. This information could include the company’s physical addresses, the company’s telephone numbers, telefax numbers, email addresses and website address
- Service information – This information relates to your views of our services, your use of our services and your experience of our services. We use this information to initiate service improvements and changes to our services.
Depending on the goods or services that you require we may also collect sensitive personal information which is limited to following:
- Financial information – In respect of natural persons, this information relates to the relevant information regarding the financial information of the individual obtained directly from that person, which includes banking details, tax registration number, medical aid and/or provident fund details, etc. In respect of juristic persons, this information relates to the company’s banking account details and associated identifiers, credit ratings, payment history and financial standing, including statements of account, among others.
- Sensitive information – information pertaining to physical or mental health or disability, and which is required by us for compliance with the Occupational Health and Safety Act 85 of 1993, and the 2020 (“COVID Regulations”) published in terms of the Disaster Management Act 57 of 2002.
- Criminal information – such as information about your commissions or alleged commission of any offence or any related legal proceedings.
MJL Communications does not intend to collect any special or sensitive Personal Information that is prohibited by local law and without your prior consent, where required.
Before any supply of goods or services or the customer onboarding, this policy together with our terms and conditions should be accepted by all relevant parties. Failure to do so may result in MJL Communications not being able to provide any goods/services. By placing orders or requesting our services you are reconfirming consent to this policy.
- Anyone that does not have the legal capacity to conclude a contractor is younger than the legal age of majority (18 years old) may not access our website or order goods and services.
- By accepting this policy, you are deemed to have read, understood, accepted, and agreed to be bound by all its terms.
- You may only send us your own personal information or the information of another data subject where you have their permission to do so.
We may update this policy from time to time, so please review it frequently. We will notify you before we make any material changes to this policy and give you the opportunity to review the revised policy before the changes take effect. Your continued use of our services will signify your acceptance of these changes.
Data Retention and your Rights.
All our Employees, Candidates External Contractors and Customers, clients and suppliers may always, have a right to request access to their personal information or the correction of such personal information. Likewise, you may request us to delete or erase your personal information. You may also object to MJL Communications processing your personal information for specific purposes and you may revoke any consent previously granted to the processing of your personal information (the “Data Subject Rights”). Your Data Subject Rights may be subject to limitations detailed in applicable laws. Your rights in terms of the POPIA include to be informed if someone is collecting your personal information, to be informed if your personal information has been accessed by an unauthorized person, to access, correct, amend, and destroy your own personal information, object to having your personal information being processed and to withdraw your consent, or object to information being stored or processed. Enquiries regarding your data and personal information discussed below under “Enquiries”.
Your information is collected in various ways as described below and will be safely stored by us for as long as you continue to use our services, and up to 12 months after formal cancelation of your relevant subscriber agreement. Information of visitors (such as, but not limited to, website visitors) will be removed completely after a period of 3 months.
You may object to the processing of the aforementioned information, which objection we may consider and will provide a response upon. We will provide an outcome of said consideration based on the following:
- How it affects our compliance with certain laws.
- How it affects the successful performance of our services.
We will only retain your personal information for as long as it is necessary to fulfil the purposes explicitly set out in this policy, unless:
- Retention of the record is required or authorized by law; or
- You have consented to the retention of the record.
During the period of retention, we will continue to abide by our non-disclosure obligations and will not share or sell your personal information. We may retain your personal information in physical or electronic records at our discretion.
Collection of personal information
We collect information in the following ways:
Once you register with ML Communications, you will provide us with certain information that will then be made visible to us, this personal information will include your name and surname, email address, telephone numbers, your company name, company registration number, VAT number and postal address or street address. We will use this personal information to fulfil your account, provide additional services and information to you as we reasonably think appropriate, and for any other purposes set out in this policy. When you order our goods or request services from us, you will be asked to provide us with additional information voluntarily (goods or service information).
We may place small text files called cookies on your device when you visit our website. These files do not contain personal information, but they do contain a personal identifier allowing us to associate your personal information with a certain device. These files serve several useful purposes for you, including help us deliver targeted advertising where appropriate in compliance with applicable laws. Your internet browser generally accepts cookies automatically, but you can often change this setting to stop accepting them. You can also delete cookies manually. However, no longer accepting cookies or deleting them will prevent you from accessing certain aspects of our website where cookies are necessary.
Our website may contain electronic image requests (called a single-pixel gif or web beacon request) that allow us to count page views and access cookies. Any electronic image viewed as part of a web page (including an ad banner) can act as a web beacon. Our web beacons do not collect gather monitor or share any of your personal information. We merely use them to compile anonymous information about our website.
You may also provide additional information to us on a voluntary basis (optional information). This includes content or products that you decide to upload or download from our website or when you enter competitions, take advantage of promotions, respond to surveys, order certain additional goods or services, or otherwise use the optional features and functionality of our website.
We may monitor and record any telephone calls that you make to us unless you specifically request us not to.
The purpose for collection of information
We may use or process any goods or services information or optional information that you provide us for the purposes that you indicated when you agreed to provide it to us. Processing includes gathering your personal information, disclosing it, and combining it with other personal information. We generally collect and process your personal information for various purposes, including:
- Goods or services purposes – such as collecting orders or requests for and providing goods or services.
- Marketing purposes – such as pursuing lawful related marketing activities.
- Business purposes – such as internal audit, accounting, business planning and joint ventures, disposals of business or other proposed and actual transactions; and
- Legal purposes – such as handling claims, complying with regulations, or pursuing good governance.
Relevant personal information is also obtained from Customers, clients and suppliers for risk management, compliance with our legal and regulatory obligations and for fraud detection, prevention, and investigation, including “know your customer”, anti-money laundering, conflict and other necessary onboarding and ongoing customer checks, due diligence and verification requirements, credit checks, credit risk analysis, compliance with sanctions procedures or rules, and tax reporting.
We may use your usage information for the purpose described above and to:
- Remember your information so that you will not have to re-enter it during your visit or the next time you access the website.
- Monitor website usage metrics such as total number of visitors and pages accessed; and
- Track your entries, submissions, and status in any promotions or other activities in connection with your usage of the website.
Consent to collection
We will obtain your consent to collect personal information in accordance with applicable law and when you provide us with any registration information or optional information.
We may use your personal information to fulfil our legal obligations to you as our customer in providing good and services and to send relevant and appropriate electronic correspondence to you to keep you informed regarding, but not limited to, news about goods and services in which we may think that you are interested in.
Messages and updates
We may send administrative messages, maintenance notifications and email updates to you relating to our business and/or the services that we provide. In some cases, we may also send you primarily promotional messages of which you can choose to opt-out of.
We may send administrative messages, maintenance notifications and email updates to you relating to our business and/or the services that we provide. We will not send you promotional messages unless you have chosen to opt-into them. But we may send you one message asking you to opt-into promotional messages.
While you are logged into the website, we may display targeted adverts and other relevant information based on your personal information. In a completely automated process, computers process the personal information and match it to adverts or related information. We never share personal information with any advertiser unless you specifically provide us with your consent to do so. If applicable, advertisers receive a record of the total number of impressions and clicks for each advert. They do not receive any personal information. If you click on an advert, we may send a referring URL to the advertiser’s website identifying that a customer is visiting from the website. We do not send personal information to advertisers with the referring URL. Once you are on the advertiser’s website however, the advertiser can collect your personal information.
In general, we do not share your personal information however we may share your personal information with third parties that act as service providers on our behalf as permitted by law.
- Other divisions or companies within the group of companies to which we belong to provide joint content and services like registration, for transactions and customer support, to help detect and prevent potentially illegal acts and violations of our policies, and to guide decisions about our products, services, and communications (they will only use this information to send you marketing communications if you have requested their goods or services).
- Our goods or services providers under contract who help provide certain goods or services or help with parts of our business operations, including fraud prevention, bill collection, marketing, technology services (our contracts dictate that these goods or services providers only use your information in connection with the goods or services they supply or services they perform for us and not for their own benefit).
- Credit bureaus to report account information, as permitted by law.
- Banking partners as required by credit card association rules for inclusion on their list of terminated merchants (if you utilize the services to receive payments and you meet their criteria); and
- Other third parties who provide us with relevant services where appropriate.
- Third parties may include but is not limited to the following companies:
Voice and Data (Pty) Ltd, Sapor Group, Sunlyn (Pty) Ltd, Mia Telecoms, Level-7 Wireless, HeroTel Group, MTN Group, Vodacom Group, Accountability Group, Mustek Ltd, Seiko Epson Corporation, Xiamen Yeastar Information Technology Co. Ltd.
We may disclose your personal information as required by law or governmental audit.
We may disclose personal information if required:
- By a subpoena or court order.
- To comply with any law.
- To protect the safety of any individual or the public; and
- To prevent violation of our customer relationship terms.
We may need to disclose personal information to our employees that require the personal information to do their jobs. These include our responsible management, accounting, audit, compliance, information technology, or other personnel.
Change of ownership
If we undergo a change in ownership, or a merger with, acquisition by, or sale of assets to, another entity, we may assign our rights to the personal information we process to a successor, purchaser, or separate entity. We will disclose the transfer. If you are concerned about your personal information migrating to a new owner, you may request us to delete your personal information.
We take the security of personal information very seriously and always do our best to comply with applicable data protection laws. Our hosting company will host our website in a secure server environment that uses a firewall and other advanced security measures to prevent interference or access from outside intruders. We authorize access to personal information only for those employees who require it to fulfil their job responsibilities. We implement disaster recover procedures where appropriate.
We will try to keep the personal information we collect as accurate, complete, and up to date as is necessary for the purposes defined in this policy. From time to time, we may request you to update your personal information. You can review or update any personal information that we hold of you by accessing your account online, emailing us, or phoning us. Please note that to better protect you and safeguard your personal information, we take steps to verify your identity before granting you access to your account or making any corrections to your personal information.
Transfer to another Country
We may transmit or transfer personal information outside of the country in which it was collected to a foreign country and process it in that country. Personal information may be stored on servers located outside the country in which it was collected in a foreign country whose laws protecting personal information may not be as stringent as the laws in the country in which it was collected. You consent to us processing your personal information in a foreign country whose laws regarding processing of personal information may be less.
We are not responsible for, give no warranties, nor make any representations in respect of the privacy policies or practices of linked or any third-party.
To exercise your Data Subject Rights, you must send MJL Communications a request addressed to the following email address as per below. In case you decided to exercise your Data Subject Rights, our Information Officer may inform you of: (i) the information that you will need to provide for
identification purposes as well as the documents you may need to enclose with your request; (ii) the expected timeframe for receiving a response from us regarding your request; (iii) how to submit your request, including the forms that you will be required to use, if available; and (iv) the form in which we will deliver your information to you (which usually may be copies of documents or digital files).
In terms of POPIA, you are entitled to approach the South African courts and you can lodge a complaint with South Africa’s Information Regulator in respect of any alleged interference with the protection of your personal information.
The contact details of South Africa’s information regulator are as follows:
Physical address: JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001
Postal address: P.O. Box 31533, Braamfontein, Johannesburg, 2017
Email address: complaints.IR@justice.gov.za