Email us : info@proconconsulting.co.za
Call us : 082 869 0766

PURPOSE OF PRIVACY POLICY

When you use our services or access our website, you are trusting Procon Business Consultants with your personal and sensitive information. We acknowledge that being in possession of any of your personal information places a big responsibility on us to protect it and it is incumbent on us that we do everything possible to protect your information.

This policy explains how we collect data that you voluntarily provide to us and use that data. The policy also acknowledges that you have a Constitutional right to privacy and protection of your information, it therefore explains how we protect the information you to provide to us in compliance with the law of South Africa.

All personal information provided to Procon Business Consultants is collected, processed and stored in accordance with the Protection of Personal Information Act 4 of 2013.

DEFINITIONS

In this Privacy policy, unless the context indicates otherwise: –

“Act“ means the Protection of Personal Information Act 4 of 2013;

“biometrics“ means a technique of personal identification that is based on physical, physiological or behavioural characterisation including blood typing, fingerprinting, DNA analysis, retinal scanning and voice recognition;

“child“ means a natural person under the age of 18 years who is not legally competent, without the assistance of a competent person, to take any action or decision in respect of any matter concerning him- or herself;

“cookies“ mean small files containing a string of characters that is sent to your computer when you visit a website. When you visit the site again, the cookie allows that site to recognize your browser. Cookies may store user preferences and other information;

“competent person” means any person who is legally competent to consent to any action or decision being taken in respect of any matter concerning a child;

“consent“ means any voluntary, specific and informed expression of will in terms of which permission is given for the processing of personal information;

“Constitution” means the Constitution of the Republic of South Africa, 1996;

“consultants“ means Procon Business Consultants (Registration Number: 2015/264899/07);

“data subject“ means the person to whom personal information relates;

“de-identify“ , in relation to personal information of a data subject, means to delete any information that: –

(a) identifies the data subject;

(b) can be used or manipulated by a reasonably foreseeable method to identify the data subject; or

(c) can be linked by a reasonably foreseeable method to other information that identifies the data subject,

and ‘‘de-identified’’ has a corresponding meaning;

“direct marketing“ means to approach a data subject, either in person or by mail or electronic communication, for the direct or indirect purpose of –

(a) promoting or offering to supply, in the ordinary course of business, any goods or services to the data subject; or

(b) requesting the data subject to make a donation of any kind for any reason;

‘‘electronic communication’’ means any text, voice, sound or image message sent over an electronic communications network which is stored in the network or in the recipient’s terminal equipment until it is collected by the recipient;

‘‘filing system’’ means any structured set of personal information, whether centralised, decentralised or dispersed on a functional or geographical basis, which is accessible according to specific criteria;

‘‘information officer’’ of, or in relation to, a—

(a) public body means an information officer or deputy information officer as contemplated in terms of section 1 or 17; or

(b) private body means the head of a private body as contemplated in section 1, of the Promotion of Access to Information Act;

‘‘operator’’ means a person who processes personal information for a responsible party in terms of a contract or mandate, without coming under the direct authority of that party;

‘‘person’’ means a natural person or a juristic person;

‘‘personal information’’ means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to: –

(a) information relating 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, conscience, belief, culture, language and birth of the person;

(b) information relating to the education or the medical, financial, criminal or employment history of the person;

(c) any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person;

(d) the biometric information of the person;

(e) the personal opinions, views or preferences of the person;

(f) correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;

(g) the views or opinions of another individual about the person; and

(h) the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person;

‘‘private body’’ means: –

(a) a natural person who carries or has carried on any trade, business or

profession, but only in such capacity;

(b) a partnership which carries or has carried on any trade, business or profession; or

(c) any former or existing juristic person, but excludes a public body;

‘‘processing’’ means any operation or activity or any set of operations, whether or not by automatic means, concerning personal information, including: –

(a) the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use;

(b) dissemination by means of transmission, distribution or making available in any other form; or

(c) merging, linking, as well as restriction, degradation, erasure or destruction of information;

‘‘professional legal adviser’’ means any legally qualified person, whether in private practice or not, who lawfully provides a client, at his or her or its request, with independent, confidential legal advice;

‘‘Promotion of Access to Information Act’’ means the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000);

‘‘public body’’ means: –

(a) any department of state or administration in the national or provincial sphere of government or any municipality in the local sphere of government; or

(b) any other functionary or institution when—

(i) exercising a power or performing a duty in terms of the Constitution or a provincial constitution; or

(ii) exercising a public power or performing a public function in terms of any legislation;

‘‘public record’’ means a record that is accessible in the public domain and which is in the possession of or under the control of a public body, whether or not it was created by that public body;

‘‘record’’ means any recorded information: –

(a) regardless of form or medium, including any of the following:

(i) Writing on any material;

(ii) information produced, recorded or stored by means of any tape-recorder, computer equipment, whether hardware or software or both, or other device, and any material subsequently derived from information so produced, recorded or stored;

(iii) label, marking or other writing that identifies or describes any thing of which it forms part, or to which it is attached by any means;

(iv) book, map, plan, graph or drawing;

(v) photograph, film, negative, tape or other device in which one or more visual images are embodied so as to be capable, with or without the aid of some other equipment, of being reproduced;

(b) in the possession or under the control of a responsible party;

(c) whether or not it was created by a responsible party; and

(d) regardless of when it came into existence;

‘‘Regulator’’ means the Information Regulator established in terms of section 39 of POPI Act;

‘‘re-identify’’, in relation to personal information of a data subject, means to resurrect any information that has been de-identified, that: –

(a) identifies the data subject;

(b) can be used or manipulated by a reasonably foreseeable method to identify the data subject; or

(c) can be linked by a reasonably foreseeable method to other information that identifies the data subject, and ‘‘re-identified’’ has a corresponding meaning;

‘‘Republic’’ means the Republic of South Africa;

‘‘responsible party’’ means a public or private body or any other person which, alone or in conjunction with others, determines the purpose of and means for processing personal information;

‘‘restriction’’ means to withhold from circulation, use or publication any personal information that forms part of a filing system, but not to delete or destroy such information;

‘‘special personal information’’ means personal information as referred to in section 26 of POPI Act; and

‘‘unique identifier’’ means any identifier that is assigned to a data subject and is used by a responsible party for the purposes of the operations of that responsible party and that uniquely identifies that data subject in relation to that responsible party.

WHY DO WE COLLECT YOUR INFORMATION?

At Procon Business Consultants, we care about the financial health of your business. This means that we must provide your business with a tailored service in order to meet your specific needs. The information you provide to us is collected and saved for us to provide you with a custom service and customer experience. From determining your language preferences, contact information, location and service preferences, we collect this information, which is unique to you, to adapt our services and contact you in future in offers that are unique to your business needs. We also use the information such as contact details to interact with you directly, to provide you with promotional offers or to inform you about future changes and improvements to our services. The information you provide us also serves as feedback that helps us maintain and improve our services, including developing new services based on your needs.

WHAT INFORMATION DO WE COLLECT?

When you create an account with us or complete a request for a quotation, you voluntarily provide us with personal information such as your name, the name of your business, your contact information including e-mail address, telephone number and cell phone numbers. We also collect user specific information related to queries and/or messages that you send to us when providing us with information on how we may help you.

YOUR RIGHT TO PROTECTION OF INFORMATION

Procon Business Consultants recognizes your Constitutional right to privacy which places an obligation on us to ensure that we adhere with the provisions of the POPI Act and ensure safe and lawful processing of your information. Considering the above, we are committed to making sure that:

Protection of Personal Information:

  • As a data subject, your personal information is processed lawfully, in accordance with the law and in a reasonable way which does not infringe your right to privacy.
  • Your personal information may only be processed if, given the purpose for which it is processed, it is suitable and relevant.
  • Your personal information may only be processed where: –
    • you expressly give us consent to the processing of your information;
    • your information is necessary for the execution of your mandate to us;
    • the processing of your information is in compliance with the law and adheres to duties imposed on us by the law;
    • processing is necessary for the proper performance of a public law duty by a public body or public official; 
    • processing is necessary for the execution or fulfilment of a legitimate public interest; or
    • processing is necessary for pursuing the legitimate interests of Procon Business Consultants or a third party to whom the information is supplied.
  • Your personal information must be provided voluntarily by you and collected directly from yourself, except where: –
    • the information is contained in or derived from a public record or has deliberately been made public by yourself;
    • you have consented to the collection of the information from a third-party source;
  • collection of personal information from a third-party source will not prejudice any of your legitimate interests.
  • You may elect not to have your personal information collected and saved or may withdraw your prior consent which withdrawal will not have a retrospective effect on information already collected and used by Procon Business Consultants.
    • You may object to or withdraw your consent where your information is used for purposes of direct marketing other than direct marketing by means of unsolicited electronic communications.
  • Where you have objected to or withdrawn your consent regarding the processing of your personal information, Procon Business Consultants may no longer collect, use or store your personal information.

Intended use of collected information:

  • Your personal information will be collected, stored and used for a specific, explicitly defined and lawful purpose related to the mandate given to Procon Business Consultants.
  • Records of your personal information will not be kept any longer than is necessary for achieving the purpose for which the information was collected unless: –
    • retention of your information is required or authorised by law;
    • Procon Business Consultants reasonably require record of your personal information for a purpose related to its functions or activities;
    • retention of the record is required by a contract between the parties thereto.
  • Records of your personal information may be retained for historical, statistical or research purposes if Procon Business Consultants has established suitable safeguard mechanisms against the information being used for any purpose other than what it was initially intended for.
  • Your personal information will be deleted and/or destroyed as soon as is reasonably practicable after Procon Business Consultants is no longer authorised to use or retain the information.

Transparency:

  • Where personal information is collected, Procon Business Consultants will take all reasonable steps to ensure that you are aware of: –
    • the type of personal information being collected and where the personal information is collected from;
    • the purpose for which the personal information is being collected;
    • the fact that the personal information being collected is voluntarily provided by yourself;
    • the implications of failure to provide your personal information or provision of incorrect or inaccurate information;
    • the application of any law regulating the collection, storage and processing of your personal information;
    • the name, address and contact details of Procon Business Consultants;
    • the fact that, where applicable, Procon Business Consultants intends on sharing your personal information with a third party together with the level of protection provided by that third party;

Information Protection Safeguards:

  • Procon Business Consultants must at all times ensure the integrity and confidentiality of personal information in its possession or under its control by taking appropriate, reasonable technical and organisational measures to prevent: –
    • any unlawful or unauthorised access to or processing of your personal information; and
    • any loss, damage to or unauthorised destruction of your personal information.
  • Procon Business Consultants must and will take all reasonable measures to: –
    • identify all reasonably foreseeable internal and external risks to your personal information in its possession or under its control;
    • establish, implement and maintain suitable safeguards to mitigate the risks so identified; and
    • ensure that the safety measures are regularly updated in response to and anticipation of new risks.
    • Procon Business Consultants shall process all personal information only with your knowledge or consent and treat all personal information which comes to their knowledge as confidential.
    • Any personal information shall not be disclosed, unless your consent is obtained, you are notified of such disclosure and do not object, disclosure is required by law or is in the course of the proper performance the duties of Procon Busines Consultants.
  • Procon Business Consultants shall notify you immediately where there are reasonable grounds to believe that your personal information has been accessed or acquired or is under threat of being accessed or acquired by any unauthorised person.
  • The notification of unauthorised access or acquisition of your personal information shall be in writing and be communicated to you in at least one of the following ways:
    • through Post to your last known physical or postal address;
    • by e-mail to the e-mail address provided by yourself or your last known e-mail address;
    • by publication of a notice on Procon Business Consultants’ website; or
    • through publication in the news media.
  • The notification of the information breach shall provide sufficient details to enable you to take protective measures against any adverse consequences of the compromise, including: –
    • an explanation of the possible adverse consequences of the security breach;
    • an outline of the measures that Procon Business Consultants will take or has taken to mitigate the adverse consequences and address the security breach;
    • a recommendation regarding measures to be taken by tyourself to mitigate the possible adverse consequences of the security breach; and
    • where known, the identity of the person who may have accessed or acquired or threatens to access or acquire your  personal information without the requisite authority.

Right to Information:

  • Where you have provided Procon Business Consultants with satisfactory proof of identity, you have the right to: –
    • request that we confirm, at no charge to yourself, whether or not we are in possession of any of your personal information; and
    • request from us a record or report of your personal information we are in possession of, including information regarding the identity of all third parties who have, or have had, access to your information.
  • Where a record or report of the personal information in Procon Business Consultants’ possession has been requested and is provided to you, it is your responsibility to ensure that the personal information is accurate alternatively, that it is corrected to reflect accurate details.
  • You may request Procon Business Consultants to: –
    • correct or delete any of your personal information in its possession or under its control which is inaccurate, irrelevant, excessive, old, incomplete, misleading, obtained unlawfully or subject to protection in terms of any applicable law; or
    • destroy or delete a record of your personal information that Procon Business Consultants is no longer authorised to use or retain.
  • On receipt of a request, Procon Business Consultants shall, as soon as is reasonably practicable: –
    • correct the information where correction has been requested;
    • destroy or delete the information where destruction or deletion has been requested.
  • Where Procon Business Consultants change personal information per request and the changed information has an impact or potential impact on decisions that you have taken or will take in the future, Procon Business Consultants shall, if reasonably practicable, inform each person or body or responsible party to whom the personal information has been disclosed.
  • Where you make a specific request in relation to your personal information, Procon Business Consultants must inform you of the action taken as a result of the request.
  • Procon Business Consultants may refuse or must refuse, as the case may be, to disclose any information requested to which the grounds for refusal are based on the applicable sections of Chapter 4 of Part 2 and Chapter 4 of Part 3 of the Promotion of Access to Information Act 2 of 2000.

Information that will not be collected:

  • Procon Business Consultants will not under any circumstances request, collect, possess or process your personal information relating to: –
    • your religious or philosophical beliefs, race or ethnic origin, trade union affiliation, political ideology and personal health or sex life including sexual orientation and pregnancy; or
    • your criminal record or information.

Children’s Information:

  • Procon Business Consultants may not request, collect, possess or process any personal information concerning a child except: –
    • where the processing of personal information of the child is carried out with the prior written consent of a competent person;
    • where the personal information has deliberately been made public by the child with the consent of a competent person;
    • where processing of personal information of the child is necessary for the establishment, exercise or defence of a right or obligation in law or necessary to comply with an obligation of international public law;
    • where personal information of the child is for historical, statistical or research purposes to the extent that: –
    • the purpose serves a public interest and the processing is necessary for the purpose concerned;
    • it appears to be impossible or would involve a disproportionate effort to ask for the requisite consent;
    • sufficient guarantees are provided to ensure that the processing does not adversely affect the individual privacy of the child concerned to a disproportionate extent.

Use of Information for Marketing:

  • The use of your data for the purpose of direct marketing by means of any form of electronic communication as defined in the Electronic Communications and Transactions Act 25 of 2002 is prohibited unless you: –
    • have given your express consent; or
    • you are a client of Procon Business Consultants.
  • Procon Business Consultants may only process your personal information for marketing purposes if you are a client and: –
    • if Procon Business Consultants has obtained your contact details in the context of the sale of a product or service which was initiated by yourself;
    • if the purpose of direct marketing is of Procon Consultants’ own similar products or services; and
    • if you have been given a reasonable opportunity to object, with no charge to yourself, to use of your electronic details at the time when the information was collected or on the occasion of each direct marketing communication where you have not initially refused such use.
    • Any communication for the purpose of direct marketing must contain details of the identity of the sender and an address or other contact details to which the recipient may send a request that such communications stop.

Sharing of personal information outside South Africa:

  • Procon Business Consultants may not transfer to or share your personal information with a third party who is in a foreign country unless: –
    • you consent to the transfer or sharing of your personal information;
    • the transfer or sharing of your personal information is necessary for the performance of a contract between Procon Business Consultants and yourself;
    • the transfer or sharing of your personal information is necessary for the conclusion or performance of a contract concluded by and between Procon Business Consultants and a third party which is in your interest; or
    • the transfer or sharing of your personal information is to your benefit and: –
      • it is not reasonably practicable to obtain your consent to that transfer in the circumstances; and
      • if it were reasonably practicable to obtain such consent, you were likely to give it.

Complaints Procedure:

•    Where you as a data subject allege interference with the protection of your personal information or are not satisfied with the processing of your personal information byProcon Business Consultants, you may submit a complaint with the Regulator in the prescribed manner set out in Chapter 10 of the POPI Act.

NOTICE OF PRIVACY POLICY CHANGES

This Policy was last updated on 13 September 2021. Kindly note that this policy may be amended from time to time without prior notice.

CONTACT

If you have any questions about this Policy, believe that Procon Business Consultants is not in compliance with the Policy or any other Law referred to in the Policy or you wish to give or withdraw consent, exercise preferences or access or correct your personal information, please feel free to contact Procon Business Consultants at: (info@proconconsulting.co.za)