Privacy Policy
PRIVACY NOTICE AND INFORMED CONSENT NOTICE
CONSENT TO PROCESS PERSONAL INFORMATION IN TERMS OF THE
PROTECTION OF INFORMATION ACT, 4 OF 2013 (POPIA)
(EMAIL, WEBSITE AND SOCIAL MEDIA PRIVACY NOTICE)
The Protection of Personal Information Act, 4 of 2013 (POPIA) gives effect to the
constitutional right to data privacy in terms of Section 14 of the Bill of Rights of the
Constitution.
The responsible use of the Marger Training and Properties (Pty) Ltd. t/a Marger
Training (herein after “the company”) website and related resources in respect of
data privacy is important to the company.
Whilst the company is committed to protecting all person’s rights to privacy and who
in consequence will ensure that all person’s Personal Information is used
appropriately, transparently, and according to applicable law, the company has to
ensure that these rights to privacy are balanced with other rights such as the right to
use and have access to the company Information and Services including its online
and social media platforms and applications.
This Policy sets out the responsibilities and obligations of all persons who
make use of, or access or receive the company Information and
Communications via its electronic communication facilities and resources
including its website, email and social media platforms and how all users of
these facilities and resources are to ensure that when using these resources
that they respect and process another’s Personal Information lawfully and in
accordance with the provisions of POPIA and the 8 Personal Information
Processing Principles.
Please read the document before you make use of the company Electronic facilities
or provide The company with any personal information. By providing the company
with your personal information, you consent to the company processing your
personal information, which the company undertakes to process strictly in
accordance with this privacy policy.
- INTRODUCTION
1 The company in order to carry out its aims and objectives as an accredited
skills development provider does, and will, on an ongoing basis receive, provide
and process Personal Information.
1.2 In terms of a law known as the Protection of Personal Information Act, 4 of
2013 (POPIA) everyone has the right to privacy, including the right to the lawful
collection, retention, dissemination and use of one’s Personal Information.
1.3 In order to give effect to this right, the company is under a duty to provide any
person whose Personal Information is processed by it, (known as a “Data
Subject”) with a number of details pertaining to the use of and subsequent
processing of the Data Subject’s Personal Information, before such Personal
Information may be used or processed by the company.
1.4 In accordance with this requirement, the company sets out below:
• The reasons why it will have to process a Data Subject’s Personal
Information,
• The conditions under which it will receive and use a Data Subjects Personal
Information,
• How the company will use and handle this Personal Information, as well as
• The conditions under which it will provide its own Personal Information.
2. APPLICATION
2.1 The Privacy Policy of the company, is applicable to:
2.1.1 all the company electronic platforms and facilities, including social
media, websites and / or email, whether owned by, established by, used
by, hosted by and / or accessed by the company, and
2.1.2 all and any Data Subject(s), who may access and make use of the
aforementioned the company electronic platforms and facilities,
including, without detracting from the generality thereof, the company
employees and staff, consumers and customers, vendors, contractors,
service providers and / or other third parties.
2.1.3 all the Personal Information which is owned by the company and which
is provided to any responsible parties and / or operators as a result of
such person accessing or making use of the company social media and
electronic platforms.
- ACCOUNTABILITY
1 The company takes the privacy and protection of a Data Subject’s Personal
Information very seriously and will only process a Data Subject’s Personal
Information in accordance with POPIA and the terms of this Privacy Policy.
3.2 In turn where The company provides any of its Personal Information to a
Responsible Party or Operator, then such person will be required as a condition
of receiving such information, to process such Personal Information in
accordance with POPIA and the terms of this Privacy Policy.
3.3 Accordingly, the relevant data privacy principles relating to the processing of
Personal Information, whether that belonging to The company or that belonging
to a data subject (including, but not limited to, the collection, handling, transfer,
sharing, correction, storage, archiving and deletion) will apply without
exception, save where POPIA provides for such an exception, to all and any
Personal Information provided by The company to another or received by The
company as a result of the use of the The company electronic platforms and
facilities.
4. AGREEMENT TO BE BOUND AND CONSENT TO PROCESS
4.1 By accessing or using the company electronic platforms and facilities including
all website and URL’s, any sites housed under its domain names and / or social
media platforms, and / or when sending or receiving emails using the company
email, the Data Subject:
4.1.1 acknowledges that it has read and understood this Privacy Policy and
related provisions;
4.1.2 agrees to be bound by this Privacy Policy;
4.1.3 agrees to comply with this Privacy Policy; and
4.1.4 gives The company consent to process and further process the required
Personal Information for the required purpose, in accordance with this
Privacy Policy.
5. RECEIPT, USE AND SHARING OF PERSONAL INFORMATION BY THE THE
COMPANY
5.1 The company will receive Personal Information pertaining to a Data Subject
when the Data Subject submits a query or request via the The company
electronic platforms or facilities, including via its website, or by way of email,
telephone or via social media.
5.2 On receipt of the request or query, the company will thereafter use and process
the Data Subject’s Personal Information for the purpose of the query and for a variety of related purposes, which will all depend on the query or request, and
which without detracting from the generality thereof may include:
• for the purposes of identifying and / or verifying the Data Subject’s details;
• for the purposes of providing information, products and / or services or
details in connection therewith or pertaining thereto, that the Data Subject,
may have requested;
• for trade application and / or purchasing purposes;
• to enrol the Data Subject as a student;
• for employment application purposes;
• for the purpose of concluding an employment relationship with an applicant;
• for the purposes of managing any information pertaining to the Data Subject;
• for further processing or general administration purposes;
• for legal or contractual purposes;
• to help the company improve the quality of the company products and
services;
• to help the company detect and prevent fraud and money laundering;
• for the purposes of recovering unpaid monies and / or any other amount due
to The company;
• for the purpose of debt collection;
• for the purposes of research, analytical and statistical purposes;
• for the purpose of carrying out analysis and consumer / customer profiling;
• for the purposes of identify other products and services which might be of
interest to the Data Subjects;
• for the purposes of informing a Data Subject about the company products
and services.
5.3 In order to correctly handle any request or query, and in order to perform the
purposes described above, the company may from time to time share a Data
Subject’s Personal Information with the following parties:
• The company employees, which will only be done on a need to know basis;
• The company suppliers, which will only be done on a need to know basis;
• The company carefully selected business partners who provide products and
services which may be of benefit to a Data Subject which will only be done
on a need to know basis; and
• The company operators such as service providers and agents who perform
services on behalf of the company which will only be done on a need to
know basis and in terms of a The company operator agreement.
5.4 The company does not share a Data Subject’s Personal Information with any
third parties who have not been described above, unless:
• The company is legally obliged to provide such information to another for
legal or regulatory purposes;
• The company is required to do so for purposes of existing or future legal
proceedings;
• the onward transmission or sharing of Personal Information is necessary for
the pursuance or protection of the company legitimate interests or that of the
Data Subject or a third party;
• The company are involved in the prevention of fraud, loss, bribery or
corruption and are using another agent or service provider under a mandate
to provide such service, and the agent or service provider needs to process
the Data Subject’s Personal Information for the purpose of investigating and
or preventing any act of fraud, loss, bribery or corruption, and under all of the
abovementioned circumstances, The company 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
confidential and secure.
5.5 Where the company has to transfer the Data Subject’s Personal Information
across the South African borders, it will before it does so, ensure that the
recipient thereof agrees to be bound by POPIA under and in terms of a set of
binding corporate rules or binding agreements that provide an adequate level of
protection and uphold the principles for the reasonable and lawful processing of
such Personal Information.
6. RECEIPT, USE AND SHARING OF THE THE COMPANY PERSONAL
INFORMATION
The company on receipt and in response to a query or request received from a Data
Subject, referred to under section 5 above, may transmit via its website, or by way of
email, telephone or via social media, its own Personal Information, which Personal
Information on receipt by the requesting or receiving party, may only be used for the
purpose relating to the initiating of the request or query and for no other purpose.
Furthermore, the recipient undertakes that it will not use this Personal Information for
any other purpose or share this information with any other party, save where it has
been given express permission to do so by the company.
7. INFORMATION QUALITY/OPENNESS/DATA SUBJECT PARTICIPATION
7.1 Whilst the company will make all effort to ensure the integrity and accuracy of a
Data Subject’s Personal Information, this may not at all times be possible.
Following this, the Data Subject accepts the responsibility for keeping his / her
or its Personal Information up to date and undertakes to inform the company of
any changes to his / her and its Personal Information.
7.2 A Data Subject has a right of access to any Personal Information which the
company may have and where applicable may ask the company to correct any
inaccuracies in or to any such Personal Information. Any access request must
be done by way of a formal the company PAIA process, which is accessible on
https://marger.co.za/contact.
8. SECURITY OF PERSONAL DATA
8.1 The company makes all reasonable effort to keep its social media and
electronic platforms including its website secure at all times, however the
company advises that it cannot guarantee the security of any information
provided to the company or by the company through the company website, e-
mail, internet or social media sites. Following this the company cannot be held
responsible for any loss or unauthorised use or interception of information
transmitted via these social media and electronic platforms or sites, including its
Internet, which is beyond the company reasonable control.
8.2 The company website may contain links to other websites outside of the
company control. The company is not responsible for the content, privacy or
security of these other third party controlled websites.
8.3 The company has placed cookies on its website which makes contact with your
/ a Data Subject’s device to help make the company social media and
electronic platforms website better.
8.4 The company makes use of social plugins of social networks such as
Facebook, YouTube, LinkedIn, Google+ and Twitter. Please note that the
company has no influence on or control over the extent of the data retrieved by
the social networks’ interfaces and the company can accordingly not be held
responsible or liable for any processing or use of Personal Information
transmitted via these social plugins. For information on purpose and extent of
the data retrieval by the social network concerned, and about the rights and
settings which are available for you to access for the protection of your private
information, please refer to the data protection information provided by the
social network in question.
8.5 Note that all the company social media and electronic platforms including its
website and telephone facilities and your use of them will be monitored on a
regular basis including the recordal and interception of content placed on or
stored on said facilities which is done for security, integrity and quality
assessment purposes and by using such electronic platforms and facilities you
expressly acknowledge notice of such monitoring and interception and give
consent thereto in accordance with the Regulation of Interception of
Communications and Provision of Communication-Related Information Act 70
of 2002 (“RICA”),
8.6 Subject to the provisions above, the company has implemented the appropriate
technical and organisational security measures which are required in order to
protect all Personal Information and related data which it holds from and / or
against unauthorised access, accidental or wilful manipulation, loss or
destruction.
9. THIRD PARTY INFORMATION AND THAT BELONGING TO MINORS
9.1 If a Data Subject provides the company with Personal Information on behalf of
another, the company will not be able to process the query or request unless
such query or request is accompanied with the required permission and
consent from the owner of that Personal Information.
9.2 If a Data Subject is under the age of 18, such person’s Personal Information will
only be processed if the minor’s parent or legal guardian gives the required
consent or permission to the processing of the provided Personal Information.
10. CONTACT DETAILS
You can contact the company in relation to this Privacy Policy by writing to us at
andy@marger.co.za
11. REVISION OF POLICIES
The company reserve the right to and may from time to time update this Privacy
Notice. Any such revision will be published as an amended version on the company
website.
Following this, any change to this Policy will be posted as an updated version and
readers are advised to visit and re-read this policy on a regular basis.