1.1 “MSSA” means Multiple Sclerosis South Africa NPO 003-275.
1.2 "Cookie" means a small file that is placed on your device when you visit a Website. In this Policy, a reference to a "Cookie" includes analogous technologies such as web beacons and clear Graphic Interchange Format files ("GIFs").
1.3 "Operator" means any person or entity that Processes Personal Information on behalf of the Responsible Party.
1.4 "Personal Information" means information that is about any individual, or from which any individual is directly or indirectly identifiable, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that individual.
1.5 "POPI" means the Protection of Personal Information Act 4 of 2013.
1.6 "Process", "Processing" or "Processed" means anything that is done with any Personal Information, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
1.7 "Responsible Party" means the entity that decides how and why Personal Information is Processed.
1.8 "Sensitive Personal Information" means Personal Information about race or ethnicity, political opinions, religious or philosophical beliefs, trade union membership, physical or mental health, sexual life, any actual or alleged criminal offences or penalties, national identification number, or any other information that may be deemed to be sensitive under applicable law.
1.9 "Service Provider" – third party providers of various services whom MSSA engages, including, but not limited to, providers of information technology, communication, file storage, data storage, copying, printing, accounting or auditing services, counsel, experts, investigators, MSSA’s insurers and professional advisors;
1.10 "Website" means any Website operated, or maintained, by MSSA or on MSSA’s behalf.
2.1 By providing MSSA with your Personal Information, you:
2.1.1 agree to this Policy and authorise us to process such information as set out herein; and
2.1.2 authorise MSSA, its Service Providers and other third parties to Process your Personal Information for the purposes stated in this Policy.
2.2 MSSA will not use your Personal Information for any other purpose than that set out in this Policy and will endeavour to protect your Personal Information that is in MSSA’s possession from unauthorised alteration, loss, disclosure or access.
2.3 Please note that MSSA may review and update this Policy from time to time.
3. COLLECTION OF PERSONAL INFORMATION
3.1 MSSA may collect or obtain Personal Information about you:
3.1.1 directly from you;
3.1.2 in the course of MSSA’s relationship with you;
3.1.3 in the course of providing services to you;
3.1.4 when you make your Personal Information public;
3.1.5 when you visit and/or interact with MSSA’s Website or social media platforms;
3.1.6 when you interact with any third-party content or advertising on MSSA’s Website; or
3.1.7 when you visit MSSA’s premises.
3.2 MSSA may also receive Personal Information about you from third parties.
3.3 In addition to the above, MSSA may create Personal Information about you such as records of your communications and interactions with MSSA, including, but not limited to, your attendance at events or at interviews in the course of applying to MSSA for assistance, subscription to MSSA newsletter and/ or other mailings and interactions with MSSA.
4. PERSONAL INFORMATION MSSA MAY PROCESS
4.1 MSS may process the following categories of Personal Information about you:
4.1.1 personal details: name; and photograph;
4.1.2 demographic information: gender; date of birth / age; nationality; salutation; title; and language preferences;
4.1.3 identifier information: passport or national identity number; utility provider details; bank statements; tenancy agreements;
4.1.4 contact details: correspondence address; telephone number; email address; and details of your public social media profile(s);
4.1.5 personal information included in correspondence, documents, evidence or other materials that MSSA may Process in the course of providing goods or services;
4.1.6 attendance records: details of meetings and other events organised by or on behalf of MSSA that you have attended;
4.1.7 records of any consents you may have given, together with the date and time, means of consent and any related information;
4.1.8 payment details: billing address; payment method; bank account number or credit card number; invoice records; payment records; SWIFT details; IBAN details; payment amount; payment date; and records of cheques;
4.1.9 data relating to your visits to MSSA’s Website: your device type; operating system; browser type; browser settings; IP address; language settings; dates and times of connecting to MSSA’s Website; and other technical communications information;
4.1.10 employer details: where you interact with MSSA in your capacity as an employee of an organisation, the name, address, telephone number and email address of your employer, to the extent relevant; and
4.1.11 content and advertising data: records of your interactions with MSSA’s online advertising and content, records of advertising and content displayed on pages displayed to you, and any interaction you may have had with such content or advertising (including, but not limited to, mouse hover, mouse clicks and any forms you complete).
5. SENSITIVE PERSONAL INFORMATION
5.1 Should MSSA be required to Process your Sensitive Personal Information, MSSA will do so in the ordinary course of business, for a legitimate purpose, and in accordance with applicable law.
6. PURPOSES OF PROCESSING AND LEGAL BASES FOR PROCESSING
6.1 MSSA will Process your Personal Information in the ordinary course of business.
6.2 MSSA will primarily use your Personal Information only for the purpose for which it was originally or primarily collected.
6.3 MSSA will use your Personal Information for a secondary purpose only if such purpose constitutes a legitimate interest and is closely related to the original or primary purpose for which the Personal Information was collected.
6.4 MSSA may subject your Personal Information to Processing during the course of various activities, including, without limitation, the following:
6.4.1 operating MSSA;
6.4.2 analysis, evaluation, review and collation of information in order to determine issues and potential disputes;
6.4.3 compliance with applicable laws and fraud prevention;
6.4.4 transfer of information to our Service Providers and other third parties; or
6.5 MSSA may process your Personal Information for relationship management and marketing purposes in relation to services (including, but not limited to, Processing that is necessary for the development and improvement of our services), for accounts management, and for marketing activities in order to establish, maintain and/or improve MSSA’s relationship with you and with MSSA’s Service Providers.
6.6 MSSA may also analyse your Personal Information for statistical purposes.
6.7 MSSA may process your Personal Information for internal management and management reporting purposes, including but not limited to:
6.7.1 conducting internal audits,
6.7.2 conducting internal investigations,
6.7.3 implementing internal business controls,
6.7.4 providing central processing facilities,
6.7.5 for insurance purposes and for management reporting analysis.
6.8 MSSA may Process your Personal Information for safety and security purposes.
7. DISCLOSURE OF PERSONAL INFORMATION TO THIRD PARTIES
7.1 MSSA may disclose your Personal Information to our Service Providers, for legitimate business purposes, in accordance with applicable law and subject to applicable professional and regulatory requirements regarding confidentiality.
7.2 In addition, MSSA may disclose your Personal Information:
7.2.1 if required by law;
7.2.2 to legal and regulatory authorities, upon request, or for the purposes of reporting any actual or suspected breach of applicable law or regulation;
7.2.3 third party Operators (including, but not limited to, data processors such as providers of data hosting services and document review technology and services), located anywhere in the world, subject to clause 7.3;
7.2.4 to any relevant party for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including, but not limited to, safeguarding against, and the prevention of threats to, public security; and
7.2.5 to any relevant third-party provider, where MSSA Website uses third party advertising, plugins or content.
7.3 Should MSSA engage a third-party Operator to Process any of your Personal Information, MSSA recognizes that any Operator who is in a foreign country must be subject to a law, binding corporate rules or binding agreements which provide an adequate level of protection similar to POPI.
7.4 MSSA will review its relationships with Operators MSSA engages with and, to the extent required by any applicable law if force, MSSA will require such Operators to be bound by contractual obligations to:
7.4.1 only Process such Personal Information in accordance with MSSA’s prior written instructions; and
7.4.2 use appropriate measures to protect the confidentiality and security of such Personal Information.
8. INTERNATIONAL TRANSFER OF PERSONAL INFORMATION
8.1 MSSA may transfer Personal Information to recipients outside of the Republic of South Africa.
8.2 Subject to clause 8.1, Personal Information may be transferred outside of the Republic of South Africa provided that the country to which the data is transferred has adopted a law that provides for an adequate level of protection substantially similar to POPI, the Operator/third party undertakes to protect the Personal Information in line with applicable data protection legislation and the transfer is necessary in order to provide the goods or services to MSSA’s clients
9. DATA SECURITY
9.1 MSSA shall implement the appropriate technical and organisational security measures to protect your Personal Information that is in MSSA’s possession against accidental or unlawful destruction, loss, alteration, unauthorised disclosure, unauthorised access, in accordance with applicable law.
9.2 Where there are reasonable grounds to believe that your Personal Information that is in MSSA’s possession has been accessed or acquired by any unauthorised person, MSSA will notify the relevant regulator and you, unless a public body responsible for detection, prevention or investigation of offences or the relevant regulator informs MSSA that notifying you will impede a criminal investigation.
9.3 Where there are reasonable grounds to believe that your Personal Information that is in MSSA’s possession has been accessed or acquired by any unauthorised person, MSSA will notify the relevant regulator and you, unless a public body responsible for detection, prevention or investigation of offences or the relevant regulator informs MSSA that notifying you will impede a criminal investigation.As the internet is an open system, the transmission of information via the internet is not completely secure.
9.4 Although MSSA will implement all reasonable measures to protect your Personal Information that is in MSSA’s possession, MSSA cannot guarantee the security of any information transmitted using the internet and MSSA cannot be held liable for any loss of privacy occurring during the course of such transmission.
10. DATA ACCURACY
10.1 The Personal Information provided to MSSA should be accurate, complete and up to date.
10.2 Should Personal Information change, the onus is on the provider of such data to notify MSSA of the change and provide MSSA with the accurate data.
11. DATA MINIMISATION
11.1 MSSA will restrict its processing of Personal Information to data which is sufficient for the fulfilment of the primary purpose and applicable legitimate purpose for which it was collected.
12. DATA RETENTION
12.1 MSSA shall only retain and store Personal Information for the period for which the data is required to serve its primary purpose or a legitimate interest or for the period required to comply with an applicable legal requirement, whichever is longer.
13. LEGAL RIGHTS OF DATA SUBJECT
13.1 You may have rights under the South African and other laws to have access to your Personal Information and to ask MSSA to rectify, erase and restrict the use of your Personal Information.
13.2 You may also have rights to object to your Personal Information being used, to ask for the transfer of Personal Information you have made available to MSSA and to withdraw consent to the use of your Personal Information.
14. COOKIES AND SIMILAR TECHNOLOGIES
14.2 When you visit MSSA’s Website, MSSA may place Cookies onto your device, or read Cookies already on your device, subject always to obtaining your consent, where required, in accordance with applicable law.
15. DIRECT MARKETING
15.1 MSSA may Process your Personal Information for the purposes of providing you with information regarding services that may be of interest to you.
15.2 You may unsubscribe for free at any time.
15.3 If you currently receive marketing information from us which you would prefer not to receive in the future please email the Information Officer at email@example.com
16. CONTACT DETAILS
16.1 You may contact MSSA at:
The Information Officer
+27 82 5505 486