CHAIRCLUB PROPRIETARY LIMITED
Our Commitment to Data Privacy Protection
In Terms of the Protection Of Personal Information
Act 4 Of 2013
1 Protecting the security and privacy of your personal data is important to Chairclub Proprietary Limited (“Chairclub”). We therefore conduct our business in compliance with applicable laws on data privacy protection and data security. We trust that the policy outlined below will help you understand what data Chairclub may collect, how Chairclub use and safeguard that data and with whom Chairclub may share it.
3 POPI regulates our lawful “Processing” of your “Personal Information”. The definitions of “Processing” and “Personal Information” in POPI are wide and POPI therefore sets out conditions for our lawful Processing of your Personal Information, which are dealt with more fully below.
4 Chairclub may collect your Personal Information directly and/or indirectly including via this website as indicated under the heading ‘Digital’ below. Through direct contact with Chairclub, we may receive additional information from you such as your name, email address and phone number, the content of any message sent, any attachment thereto and any other information you may choose to provide. In negotiating, concluding and/or performing in terms of any contract with Chairclub, your company name, tax numbers, email addresses and information pertinent to the transaction may also be obtained.
5.1 Chairclub will procure that the conditions for lawful Processing and the measures that give effect to such conditions, are complied with at the time of the determination of the purpose and means of the Processing, as well as during the Processing itself.
6 PROCESSING LIMITATION
6.1 Chairclub will process Personal Information in circumstances where:
6.1.1 you consent thereto, for example expressly via a signed mandate with Chairclub, alternatively tacitly through actions reasonably or necessarily undertaken in terms of instructions received from you. Chairclub bears the burden of proof of your consent;
6.1.2 Processing is necessary to carry out actions for the conclusion or performance of a contract which includes you and Chairclub as parties;
6.1.3 Processing complies with an obligation imposed by law on Chairclub;
6.1.4 Processing protects a legitimate interest of yours;
6.1.5 Processing is necessary for the proper performance of a public law duty by a public body;
6.1.6 Processing is necessary for pursuing the legitimate interests of Chairclub or of a third party to whom the information is supplied.
6.2 You may withdraw your consent, as referred to in 6.1.1, at any time, provided that the lawfulness of the Processing of Personal Information before such withdrawal or the Processing of Personal Information in terms of subsections 6.1.2 to 6.1.6 will not be affected.
6.3 You may object at any time, to the Processing of your Personal Information:
6.3.1 in terms of 6.1.1 to 6.1.6, in the prescribed manner, on reasonable grounds relating to your particular situation, unless legislation provides for such Processing;
6.3.2 for purposes of direct marketing other than by means of unsolicited electronic communications as contemplated and permitted in terms of section 69 of POPI;
6.4 The Processing of Personal Information by Chairclub for the purpose of direct marketing by means of electronic communications (as contemplated in section 69 of POPI) is dealt with in ‘Digital’ below.
6.5 Chairclub may obtain Personal Information other than directly from you, if:
6.5.1 the information is contained in or derived from a public record or has deliberately been made public by you;
6.5.2 you have consented to the collection of the information from another source;
6.5.3 collection of the information from another source would not prejudice a legitimate interest of yours;
6.5.4 collection of the information from another source is necessary:
188.8.131.52 to avoid prejudice to the maintenance of the law by any public body, including the prevention, detection, investigation, prosecution and punishment of offences;
184.108.40.206 to comply with an obligation imposed by law or to enforce legislation concerning the collection of revenue as defined in section 1 of the South African Revenue Service Act No. 34 of 1997;
220.127.116.11 for the conduct of proceedings in any court or tribunal that have commenced or are reasonably contemplated;
18.104.22.168 in the interests of national security; or
22.214.171.124 to maintain the legitimate interests of Chairclub or of a third party to whom the information is supplied.
6.5.5 to do otherwise:
126.96.36.199 would prejudice a lawful purpose of the collection; or
188.8.131.52 would not be reasonably practicable in the circumstances of the particular case.
7 PURPOSE SPECIFICATION
7.1 Chairclub may only collect Personal Information for specific, explicitly defined and lawful purposes related to a function or activity of Chairclub. The purposes for which Chairclub will collect, process and retain your Personal Information include:
7.1.1 Negotiating, concluding and/or exercising rights under contracts with you;
7.1.2 Compiling and/or maintaining various registers of Chairclub customers from time to time;
7.1.3 Designing, importing, manufacturing and/or selling office chairs and associated products to you; and
7.1.4 Reporting in accordance with applicable law.
7.2 A substantial portion of Chairclub’s business is the designing, importing, manufacturing and/or selling of office chairs and associated products, and accordingly to the extent that Chairclub is to fulfil its business objectives, and in order to transact in this area, Personal Information will be required to be collected, processed and corrected if necessary, for such objectives. Of necessity, Chairclub is therefore required to Process and share some Personal Information in order to conduct our everyday business with you.
7.3 For the reasons set out in 7.2, failure or refusal to provide relevant Personal Information may preclude you from doing business with Chairclub.
7.4 Chairclub will not retain Personal Information any longer than is necessary for achieving the purpose for which the information was collected or subsequently processed, unless:
7.4.1 retention of the record is required or authorised by law;
7.4.2 Chairclub reasonably requires the record for lawful purposes related to its functions or activities;
7.4.3 retention of the record is required or authorised by a contract to which you and Chairclub are parties; or
7.4.4 you have consented to the retention of the record.
7.5 All records of your Personal Information used by Chairclub will be retained for such period as may be required or prescribed by law or such period as will afford you a reasonable opportunity, taking all considerations relating to the use of the Personal Information into account, to request access to the record.
7.6 Chairclub will restrict Processing of Personal Information if:
7.6.1 its accuracy is contested by you, for a period enabling Chairclub to verify the accuracy of the information;
7.6.2 Chairclub no longer needs the Personal Information for achieving the purpose for which the information was collected or subsequently processed but it has to be maintained for purposes of proof;
7.6.3 the Processing is unlawful and you oppose its destruction or deletion and request the restriction of its use instead; or
7.6.4 you request that the personal data be transmitted into an automated Processing system of your choice.
7.7 Chairclub does not knowingly process the Personal Information of any child. Chairclub will only do so in circumstances where Chairclub
7.7.1 has the consent of the parent or guardian of the child; and/or
7.7.2 the Personal Information is being Processed strictly in accordance with the provisions of POPI.
7.8 Chairclub will not:
7.8.1 use the Personal Information of a child for marketing purposes;
7.8.2 make the Personal Information of a child public;
7.8.3 request Personal Information of third parties from a child.
7.9 The purposes for which Chairclub may process the information of a child are limited to those necessitated in the performance by Chairclub of its services under a contract contemplated in 6.1.2 or in accordance with an instruction received in accordance with 6.1.1.
8 FURTHER PROCESSING LIMITATION
8.1 Further Processing of Personal Information must be in accordance or compatible with the purpose for which it was collected.
8.2 To assess whether further Processing is compatible with the purpose of collection, Chairclub will take account of:
8.2.1 the relationship between the purpose of the intended further Processing and the purpose for which the information has been collected;
8.2.2 the nature of the information concerned;
8.2.3 the consequences of the intended further Processing;
8.2.4 the manner in which the information has been collected; and
8.2.5 any contractual rights and obligations between the parties.
9 INFORMATION QUALITY
9.1 Chairclub will take reasonably practicable steps to ensure that the Personal Information is complete, accurate, not misleading and updated where necessary.
9.2 In taking the steps referred to in 9.1, Chairclub will have regard to the purpose for which Personal Information is collected or further Processed.
10.1 Chairclub will maintain the documentation of all Processing operations under its responsibility as referred to in section 51 of PAIA.
10.2 If Personal Information is collected, Chairclub will take reasonably practicable steps to ensure that you are aware of the information being collected and where the information is not collected from you directly, the source from which it is collected.
10.3 The full names and address of Chairclub are set out in the Chairclub website [www.Chairclub.co.za] under the tab “Contact Us”.
10.4 Chairclub will not be transferring the Personal Information to any country with less onerous data protection laws than South Africa.
10.5 You have the right at any time:
10.5.1 subject to 7.2 and 7.3, to object to the Processing of your Personal Information;
10.5.2 to lodge a complaint to the Information Regulator at the following address – [E-mail: [email protected]; Tel: 012 406 4818], having regard to the specific circumstances in which the information is or is not to be processed, to enable Processing in respect of you to be reasonable.
11 SECURITY SAFEGUARDS
11.1 Chairclub will secure the integrity and confidentiality of Personal Information in its possession or under its control by taking appropriate, reasonable, technical and organisational measures to prevent:
11.1.1 loss of, damage to or unauthorised destruction of Personal Information;
11.1.2 unlawful access to or Processing of Personal Information.
11.2 In order to give effect to the above, Chairclub will take reasonable measures to:
11.2.1 identify all reasonably foreseeable internal and external risks to Personal Information in its possession or under its control;
11.2.2 establish and maintain appropriate safeguards against the risks identified;
11.2.3 regularly verify that the safeguards are effectively implemented; and
11.2.4 ensure that the safeguards are continually updated in response to new risks or deficiencies in previously implemented safeguards.
11.3 Where there are reasonable grounds to believe that your Personal Information has been accessed, acquired or compromised by any unauthorised person, Chairclub must, subject to the further provisions of POPI in this regard, notify:
11.3.1 the Information Regulator; and
11.3.2 you, to the extent that you qualify as a “Data Subject” as defined in POPI.
12 DATA SUBJECT PARTICIPATION
12.1 You, having provided adequate proof of identity, have the right to:
12.1.1 request Chairclub to confirm, free of charge, whether or not Chairclub holds Personal Information about you; and
12.1.2 request from Chairclub the record or a description of the Personal Information about you held by Chairclub, including information about the identity of all third parties, or categories of third parties who have, or have had, access to the information:
184.108.40.206 within a reasonable time;
220.127.116.11 at a prescribed fee, if any;
18.104.22.168 in a reasonable manner and format; and
22.214.171.124 in a form that is generally understandable.
12.2 You have the right in terms of section 24 of POPI to request the correction of Personal Information.
12.3 If you are required by Chairclub to pay a fee for services provided to you in terms of 12.1.2 to enable Chairclub to respond to such request, Chairclub:
12.3.1 is required to, and will provide you with a written estimate of the fee before providing the services; and
12.3.2 may require you to pay a deposit for all or part of the fee.
12.4 You may, in the prescribed manner and form, request Chairclub to:
12.4.1 correct or delete Personal Information about your in its possession or under its control that is inaccurate, irrelevant, excessive, out of date incomplete, misleading or obtained unlawfully; or
12.4.2 destroy or delete a record of Personal Information about your that Chairclub is no longer authorised to retain.
13.1 By virtue of you visiting and/or navigating this website, information may be collected inter alia through ‘log files’, ‘cookies’ and ‘web beacons’.
13.2 Chairclub may use such information for various reasons, including:
13.2.1 Understanding and analysing how you use our website;
13.2.2 To communicate with you via emails, WhatsApp or other electronic communication, subject thereto that in terms of the provisions of POPI you will always have an ‘opt out’ right in respect of unsolicited electronic communication from us;
13.2.3 Operating, maintaining, improving, personalising and expanding our Website;
13.2.4 Developing new products, services, features and functionality.
13.3 ‘Log file’ information can include internet protocol (“IP”) addresses, browser type, date/time stamp, Internet Service Provider (“ISP”), referring and exit pages and click numbers.
13.5 To restrict cookies set by the Chairclub website you will need to adjust your browser settings. Doing so may impair the functionality of this website for you.
13.6 The Chairclub website may contain links to other web sites. We are not responsible for the privacy practices or the content of other web sites, applications thereon or mobile applications, nor do we have access to or control over cookies that are used by third-parties including third party advertisers.
13.7 Chairclub has embedded ‘share’ buttons to enable users of the website to easily share content through various social media platforms. Such websites may set cookies when they are so shared or accessed respectively. Chairclub does not, and cannot, control the dissemination of these cookies and you are hereby notified that it is your responsibility to check such sites regarding cookies and their respective privacy policies.
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