PROTECTION OF PERSONAL INFORMATION IN TERMS OF THE PROTECTION OF PERSONAL INFORMATION ACT 4 OF 2013
1. INTRODUCTION
1.1 Chapter 3 of POPIA provides for the minimum conditions of lawful processing or Personal Information by a Responsible Party. These conditions may not be derogated from unless specific exclusions apply as outlined in POPIA.
1.2 POPIA requires the OBARO Group to inform its clients as to how their Personal Information is used, processes, disclosed and destroyed.
1.3 OBARO guarantees its commitment to protecting the privacy of its clients and ensuring that their Personal Information is used appropriately, transparently, securely and in accordance with applicable legislation. Please refer to the OBARO Group’s POPI Manual: PAIA and POPI - OBARO
2. PERSONAL INFORMATION COLLECTED BY OBARO
2.1 In terms of section 9 of POPIA Personal Information may only be processed if, given the purpose for which it is processed, it is adequate, relevant and not excessive.
2.2 OBARO collects and processes Personal Information of:
2.2.1 existing and potential clients for purposes of
– compliance with legislation
– verification of identity
– risk assessment
– offering of current and new services and products to clients
– credit assessment
– managing the relationship with the client
2.2.2 Personal Information collected by OBARO includes, but are not limited to:
– identity number
– name
– surname
– address
– postal code
– description of client’s residence
– description of client’s business
– assets
– financial information
– banking details
– business activities
– personal views / preferences
3. HOW PERSONAL INFORMATION IS USED BY OBARO
3.1 Personal Information collected by OBARO will only be used for the purpose for which it was collected and to which the client agreed.
3.2 Purposes for which Personal Information may be used include, but are not limited to:
– Compliance with legal and regulatory requirements
– Rendering services requested by clients
– Provision of value added services
– Provision of financial services and advice
– For underwriting purposes
– Assessing and processing claims
– Conducting credit reference searches and verification
– Confirming, verifying and updating client details
– For purposes of claims history
– For the detection and prevention of fraud, crime, money laundering and other malpractices
– Market research and statistical analysis
– For audit and record keeping purposes
– In connection with legal proceedings
– Offering of current and new services and products
– Use of CCTV systems to prevent and detect crime
3.3 In terms of section 10 of POPIA Personal Information may only be processed if the following conditions are met:
3.3.1 Client consents to the processing – consent is obtained from clients during the introductory, appointment and needs analysis stage of the relationship;
3.3.2 The processing is necessary – in order to conduct an accurate analysis of client needs for purposes of amongst other credit limits, insurance requirements etc. the processing of certain Personal Information is required;
3.3.3 Processing complies with an obligation imposed by legislation;
3.3.4 Processing protects a legitimate interest of the client – it is in the client’s best interest to have a full and proper needs analysis performed in order to provide them with an applicable and beneficial product or service, this requires obtaining and processing Personal Information;
3.3.5 Processing is necessary for pursuing the legitimate interests of the OBARO Group or of a third party to whom information is supplied – in order to provide OBARO’s clients with products and or services both Obaro and any of its product suppliers need certain Personal Information from the clients to make an expert decision on the unique and specific product and or service they require.
4. DISCLOSURE OF PERSONAL INFORMATION
4.1 OBARO may disclose clients’ Personal Information to any of its group companies or subsidiaries, joint venture partners and approved product or third party service providers.
4.2 OBARO may share client Personal Information with, and obtain Personal Information about clients from third parties for reasons already discussed above.
4.3 OBARO may also disclose client information where it has a duty or right to disclose in terms of applicable legislation, or where it may be necessary to protect its rights.
5. PROTECTING CLIENT INFORMATION
5.1 It is a requirement of POPIA to adequately protect the Personal Information Obaro holds and to avoid unauthorized access and use of the Personal Information of clients. OBARO continuously reviews its security controls and processes to ensure that Personal Information held by it is secure.
5.2 The following procedures are in place in order to protect the Personal Information of clients held by OBARO:
5.2.1 The OBARO Group Information Officer, assisted by the Deputy Information Officer, is responsible for compliance with the conditions of the lawful processing of Personal Information and other provisions of POPIA;
5.2.2 A POPIA policy will be implemented throughout the OBARO Group and training on this policy and POPIA will be done on an annual basis;
5.2.3 Every employee currently employed in the OBARO Group will be required to sign an addendum to their employment contracts containing relevant consent clauses for the use and storage of employee information, or any other so required, in terms of POPIA;
5.2.4 OBARO’s archived client information is stored on site and is also governed by the POPI Manual of the OBARO Group;
5.2.5 All electronic files and data are backed up by the OBARO Group IT Division, who is also responsible for system security which protects third party access and physical threats. The OBARO Group IT Division is also responsible for electronic information security.
6. OPT-OUT OF DIRECT MARKETING
6.1 The OBARO Group may from time to time use the Personal Information provided for purposes of direct marketing and/or promotional purposes regarding products and special promotions. If you wish to revoke any consent given to us for such use, please notify the POPIA Information Officer.
7. POPIA INFORMATION OFFICER
Name: Ms Lynette Douglas
Physical address: c/o Graham & Silver Lakes Road, Silver Lakes, Pretoria, 0081
Postal address: Postnet Suite 0618, Private Bag X37, Lynnwood Ridge, 0040
Telephone number: (012) 381 2800
E-mail:
[email protected]
Website: www.obaro.co.za
