In terms of the Protection of Personal Information Act (POPIA)
Preamble
The purpose of this policy is to advise the client or user of Golden Macadamias (Pty) Ltd or its subsidiaries, Golden Macadamias Processing trading as Lowveld Nut Processing (Pty) Ltd and Nut and Dry Fruit Exchange (Pty) Ltd (hereafter referred to as "The Company"), why data is collected and processed, what data is in focus, and how it is processed. The Company is committed to full compliance with the POPI Act insofar as the utilisation and disclosure of personal information is concerned. Technical and operational measures have been put in place to protect data subject privacy, and The Company invites all data subjects and requesters to engage with its Information Officer in respect of any matter related hereto.
Scope of Application
This policy applies to data subjects under the POPI Act and its principles extend to the Promotion of Access to Information Act (PAIA) in respect of requesters of records held by The Company. Personal information applies to both natural and juristic persons. Data subjects and requesters are invited to engage with The Company's Information Officer about any matter pertaining to POPIA and PAIA, including but not limited to updating personal information, deletion of personal information, complaints in respect of how personal information is being processed, and updating consent for electronic direct marketing.
Definition of Personal Information
Personal information means information relating to an identifiable, living, natural person, and where applicable, an identifiable, existing juristic person. This includes information relating to 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. It also includes information relating to education or medical, financial, criminal or employment history; any identifying number, symbol, email address, physical address, telephone number, location information or online identifier; biometric information; personal opinions, views or preferences; private or confidential correspondence; the views or opinions of another individual about the person; and the name of the person if it appears with other personal information or if disclosure of the name itself would reveal information about the person.
Purpose of Collecting and Processing Personal Information
The Company processes personal information for various purposes, including facilitating transactions with data subjects, collecting data for statistical purposes to improve its services, fulfilling contractual obligations to clients and client contacts, complying with statute and regulations, attending to the legitimate interests of data subjects, identifying prospects for enhanced service delivery and business sustainability, tracking data subject activity on the website and their transactions with The Company, confirming and verifying data subject identity for security purposes, conducting market or customer satisfaction research, audit and record keeping purposes, and in connection with legal proceedings.
Lawful Basis
The Company adheres to the conditions for the lawful processing of personal information, based on its desire to provide data subjects with services in their best interests as well as a legitimate interest of The Company to achieve its business objectives.
Period of Holding Personal Information
The Company endeavours to provide the most accurate information possible to stakeholders, including data subjects. The Company seeks to verify the accuracy of its information as frequently as possible and to remove information that it learns to be inaccurate. The Company intends to process the information it has about data subjects for so long as it is accurate or until the data subject instructs The Company to refrain from processing it. Notwithstanding the above, The Company shall hold personal information for such period as may be required in terms of statutes such as the Companies Act and various labour laws.
Data Subject Rights
Data subjects have the right to request that The Company provide them with access to their personal information, to rectify or correct their personal information, erase personal information, or restrict the processing of personal information, including refraining from sharing it with any third parties. Data subjects also have the right to raise complaints with the Information Regulator. These rights may be subject to certain limitations pursuant to applicable law.
Sources of Personal Information
The Company gathers personal information from several sources, including directly from data subjects, publicly available sources such as websites and social media, commercial transactions with The Company, referrals, prospects, partner agreements, training engagements and the like. Given that personal information can be obtained from several sources and consolidated into one system of record, it may be difficult or impossible to identify the exact source of one particular piece of information.
Categories of Personal Information Collected
The Company collects information about data subjects who may be clients, client contacts, prospective clients and prospective client contacts. It also collects information on its employees, suppliers, and third parties within its scope of operation. In respect of clients and prospective clients, The Company profiles business organisations and the contacts who work for them, and may hold some or all of the following categories of personal information: name and surname, identity number, equity, gender and disability status, contact details, birth date, position held and responsibilities, areas of interest in respect of The Company's offerings, record of services used, email correspondence and attachments, organisation details, office address and contact details, organisation email address, social media URLs, and other information available in the public domain. The Company collects and processes personal information mainly to contact data subjects for the purpose of understanding their requirements and delivering services accordingly. Where possible, The Company will inform data subjects what information is required and what is optional, as well as the consequences of not providing it.
Disclosure of Information
The Company may disclose personal information to its service providers who are involved in the delivery of products or services to data subjects. The Company has agreements in place to ensure compliance with the privacy requirements of the POPI Act. The Company may also disclose personal information where it has a duty or right to disclose in terms of law or industry codes, or where it believes it is necessary to protect its rights.
Information Security
The Company is legally obliged to provide adequate systems, technical and operational protection for the personal information it holds and to prevent unauthorised access and prohibited use. The Company regularly reviews its security controls and related processes to ensure that personal information remains secure. The Company has conducted an impact assessment across all of its functions and uses the findings to manage risk optimally and provide iterative improvements on an ongoing basis. The Company also contracts with operators as required by POPI and requires appropriate security, privacy and confidentiality obligations to ensure personal information is kept secure. The same protocols apply to any party to whom The Company may pass personal information for the purposes mentioned herein.
Contact Details
Golden Macadamias (Pty) Ltd is located at Portion 280, Farm Alkmaar, Schagen, 1207. The Information Officer is Mr. Stefan Reynders, who can be reached by email at stefan@goldenmacadamias.com or by telephone at 013 733 5034.