The Owner subscribes to the principles as made peremptory in accord with the Protection of Personal Information Act 4 of 2013 (“the Act”) and in addition Section 51 of the Electronic Communications and Transactions Act (“ECTA”).
In What Manner does the Owner ensure the protection of the Users information?
As described in the Act, principals of protection form the Pillars of protection of personal Information. Each one will be recorded here and how it is applied in the Owner’s Company.
The Act requires the Owner (that is I Mortgage) to make sure it guards all information that is submitted to it via the website. The Owner has security mechanisms in place, through its Information technology department, and legal department, to ensure the maximal compliance with the Act.
2 Processing limitations:
The Act provides for the processing of personal information that is not against its principles, and does not invade on the privacy of the data subject, information that is minimal, information that is only processed with the consent of the User.
The Act provides for the prohibition on the storage and distribution (hereinafter defined as “Processing”) of information relating to the Users:
Race, Religion, Trade Union Membership, Political Persuasion, Health, Sexual Life and Criminal Behaviour (“the Prohibited Content”).
The User must take heed of the Following:
The Owner will not process the Prohibited Content or other personal information submitted on the website without the User’s direct consent. The Owner only receives information related to the following and will not use such information without the User’s consent
2.1. Processing of data related to Property Enquiries:
The User must understand that by submitting its personal details, or other details related to the property, it expressly consents to the Owner Processing its personal information, whether such information includes the Prohibited Content or not. IT IS IN THE USERS DISCRETION WHAT PERSONAL INFORMATION IS SUBMITTED TO THE OWNER, AND IF SUCH INFORMATION CONTAINS PROHIBITED CONTENT, WHICH THE USER EXPRESSLY CONSENTS TO THE PROCESSING THEREOF. It must be emphasized that the Owner will not process such information beyond the scope of what is required to carry out the selection of prospective clientele. The Owner will store such information for record purposes only, and will not disseminate such information.
2.2 Privacy and general surfing or browsing
It is possible for a User to surf the Website without the provision of personal information. THE USER GIVES ITS EXPRESS CONSENT FOR THE WEBSITE SERVER TO COLLECT ITS IP ADDRESS AND OTHER DISTINGUISHING INFORMATION. The purpose for such collection of the IP address is merely to gauge as the number of visits to the Website, what pages on the Website were viewed, and time spent on the Website. The Owner does this to create room for improvements to the use and content of the Website. THE OWNER IS UNDER NO OBLIGATION TO PROTECT THIS INFORMATION AND MAY USE, DISTRIBUTE AND COPY SUCH INFO AS IT DEEMS FIT.
The Act provides for Minimality. This means that personal information may only be processed if, given the purpose for which it was processed, it is adequate, relevant and not excessive. The Owner will only process the submitted personal information for the purposes specified in clauses 2.1 – 2.2 above. The User hereby declares that the information it submits is true, correct, and relevant to the purposes specified above. The Owner is not responsible for any incorrect information submitted.
4. Consent, Justification and Objection
The Act requires that in order for any personal information that is submitted requires:
4.1 Consent by the User
4.2. Such Processing is necessary to carry out actions for the conclusion or performance of a contract between the User and the Owner.
4.3 Processing is in the legitimate interests of the User.
The User as stated above hereby consents to such Processing, to the extent it relates to the purposes as specified in clause 2.1- 2.2. The User further acknowledges that the Processing is in its legitimate interests, with respect to clause 2.1 when enquiring about a property. The User further acknowledges that such Processing, in clause 2.2, is necessary for the Owner to understand the property query and what is needed to assist the User as a prospective client.
5. Retention of Data
6. Further Processing
The Act says that information may only be processed further if it is compatible with the purpose for which such information is collected. The User hereby consents to such Processing insofar as it relates to the purposes listed in clauses 2.1 – 2.2. The User hereby consents to such further Processing and declares that it understands that such processing is only related to the purposes in 2.1 – 2.2.
7. Information Quality
According to the Act, the Owner must take reasonable steps to ensure that all data is correct, complete, accurate not misleading and updated where necessary. THE USER HEREBY DECLARES THAT SUCH INFORMATION IS, IN FACT, CORRECT, COMPLETE, ACCURATE, NOT AMBIGUOUS, AND ACCEPTS, WHERE NECESSARY, TO UPDATE THE OWNER AS TO ANY UPDATES IN SUCH INFORMATION.
8. Openness and Data Subject Participation
In accordance with the Act in the event that personal information is collected, the Owner must take reasonably practicable steps to ensure that the User is aware of:
THE USER MUST TAKE NOTE OF THE FOLLOWING:
• the information being collected;
o Please see clauses 2.1- 2.2
• the name and address of the Owner;
• the purpose for which the information is being collected;
o Please see clause 2.1 – 2.2
• whether or not the supply of the information by that data subject is voluntary or mandatory;
o The Supply of info with regard to 2.2. Is Mandatory. However 2.1 is Voluntary.
• the consequences of failure to provide the information;
o None in Clause 2.1 – 2.2.
o The User may not utilise the site if information is not submitted.
• any particular law authorising or requiring the collection of the information;
o The Electronic Communications and Transactions Act 25 of 2002.
o Protection of Personal Information Act 4 of 2013
• any further information, such as the recipient or category of recipients of the information; nature or category of the information; and existence of the right of access to and the right to rectify the information
o Only employees, directors, shareholders, prescribed officers or other stakeholders may be recipients of such information, which is related to the purposes of the collection thereof.