The Protection of Personal Information Act 4 of 2013, (POPIA) regulates and controls the processing, including the collection, use and transfer, of a person’s personal information. In terms of POPIA, Fluss (Pty) Ltd (Fluss or this Application) has a legal duty to collect, use, transfer and destroy (i.e. process) another's personal information in a lawful, legitimate and lawful manner and in accordance with the provisions set outr under POPIA.
Collection and Use of Personal Information
The Personal Information that we require is information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person.
This information may relate to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, culture, language or birth of a person.
The information collected may also relate to the education, medical, financial, criminal or employment history of the person. Certain details such as identity numbers, email address, physical addresses, telephone numbers also fall under personal information.
On this Application, you may be required to share the above information or similar in order for such information to be combined with other information. This is in order to provide you, the User with the intended product, service, or content that you seek through the Fluss Application. You are not required to provide such information that has been requested through the Application, however, should you elect to refrain from providing such information then we may not be able to provide you with our products or services nor respond to any queries that you may have.
Legal basis for the Use of Personal Information
While you use this Application, we may collect your personal information, or you may provide it to us.
We use your personal information only when we have a valid legal basis to do so. We require your consent to use your personal information. You can withdraw your consent at any time by contacting us, provided that any processing of your personal information prior to such withdrawal will not be affected.
Alternatively, and in addition to your consent, we may process your personal information on one or a combination of the following grounds:
Performance of a contract: We may need to collect and use your personal information to enter into a contract with you. On this Application, you may be required to share the above information or similar in order for such information to be combined with other information. This is in order to provide you, the User with the intended product, service, or content that you seek through the Fluss Application. You are not required to provide such information that has been requested through the Application, however, should you elect to refrain from providing such information then we may not be able to provide you with our products or services nor respond to any queries that you may have.
Legitimate interest: We may use your personal information for our legitimate interest or those of third parties; and/or
Statutory legal obligation: We may process certain of your personal information in line with requirements under POPIA and applicable laws or regulations.
We will only use your personal information for the purposes for which it was collected.
Where necessary, we may use your personal information for another purpose only where that purpose is compatible with the original purpose for which your personal information was collected. Where we need to use your personal information for a purpose unrelated to the reason for its collection, we will notify you of this beforehand and will explain the legal basis which allows us to do so.
We will not retain information for longer than necessary. We will ensure that the personal information is complete, accurate and not misleading.
Our Application may use “cookies” and similar technologies such as pixel tags and web beacons. These technologies assist us in better understanding our user’s behaviours in respect of our website and facilitate the effectiveness of our website. Note that you are able to adjust your browser settings in order to disallow the transfer of cookies however, this may limit the function of our web page on your browser.
Cookies cannot transfer viruses to your mobile device or desktop as they are referred to as “text files. Cookies only store information from your browser.
We have taken reasonable measures by way of administrative, technical and physical safeguards to keep your personal information secure taking into account the nature of the personal information and the processing. Wand we endeavour to continuously update those security measures in an effort to minimise risks of data breach. We do not guarantee absolute security.
Disclosure of Personal Information
We undertake that we will not disclose your information in an unethical manner. We may however disclose or transfer your personal information to partners, agents or affiliates as may be necessary in order to provide you with the services and products that you require. Our employees are contractually bound by confidentiality obligations, and, as part of their duty to provide a service in terms of the Application’s intended purpose, your personal information is disclosed to our employees. Under any other circumstances, we will contact you before disclosing your information in order to allow you an opportunity to object to our request.
POPIA provides Data Subjects with a number of rights. These rights include -
A right to be notified: a data subject has the right to be notified that personal information about him/her/it isbeing processed; and/or whether his/her/its personal information has been unlawfully accessed or acquired by an unauthorised person;
A right of access: subject to certain exceptions, a data subject, after providing adequate proof of identity, has the right to request Fluss to confirm whether any personal information is held about the data subject; and/or request from Fluss a description of the personal information held including information about third parties who have or have had access to the personal information.
A right to request correction or deletion: a data subject may request Fluss to correct or delete personal information about the data subject in our possession or control that is inaccurate, irrelevant, excessive, outdated, incomplete, misleading or obtained unlawfully; and/or destroy or delete a record of personal information about the data subject that Fluss is no longer authorised to retain in terms of the relevant legislative provision
A right to withdraw consent and to object to processing: a data subject that has previously consented to the processing of his/her/its personal information (where Fluss relies on consent as the basis for the processing) has the right to withdraw such consent and may do so by providing Fluss with notice such effect to our Information Officer (at the contact details set out below), provided that the lawfulness of any processing prior to such withdrawal will not be affected. Furthermore, a data subject may object, on reasonable grounds, to the processing of personal information relating to him/her/it.
A right to not be subjected to direct marketing by means of unsolicited electronic communications: a data subject has a right not to be subject to direct marketing by means of unsolicited electronic communications, unless you have given us your express consent; and