This policy was prepared to address the requirements of the Protection of Personal Information Act, 2013 (POPIA). This policy will be updated at such intervals as may be deemed necessary and will be made available at the SAMTMA’ premises and on its website.
- INTRODUCTION
The South African MTM Association (hereafter “SAMTMA”) respects your privacy and your personal information. This Privacy Policy aims to let you know how the SAMTMA will treat any personal information that it may have about you and how you can access such personal information held. The SAMTMA will take all reasonable measures, in accordance with this Policy, to protect your personal information and to keep it confidential.
The purpose of this policy is to enable the SAMTMA to:
• comply with the law in respect of the personal information it holds about individuals.
• follow good practice.
• protect SAMTMA’ staff/council members and other individuals.
• protect the institute from the consequences of a breach of its responsibilities.
Further, the purpose of this manual is to ensure that the public is aware of:
• how the SAMTMA will handle personal information.
• the kind of personal information that the SAMTMA processes.
• how complaints can be made in relation to the processing of their personal information. - DEFINITION OF PERSONAL INFORMATION
Personal information is “personal information” as defined in terms of section 1 of the Protection of Personal Information Act 4 of 2013 (“POPIA”). This is information relating to an identifiable, living natural person or existing juristic person. Please refer to POPIA for a detailed definition and various types or categories of personal information. - CATEGORIES OF DATA SUBJECTS AND PERSONAL INFORMATION COLLECTED
The SAMTMA only collects general personal information (some of which may be publicly available) and aims to only collect that personal information which is necessary for it to carry out its services and other membership benefits provided to you. The SAMTMA collects the following personal information:
Members – such as name, contact details, email, physical and postal addresses, company details, designations, professional experience, work experience (CVs) and qualifications. Member profiles provide for other information to be provided but this is voluntary information that can be provided at the discretion of the member.
Non-members – such as name, contact details, email, physical and postal addresses, company details, designations. Non-member profiles provide for other information to be provided but this is voluntary information that can be provided at the discretion of the non-member. These are persons normally attending SAMTMA activities like workshop, webinars and conferences.
Suppliers/Procurement – such as company name, address and contact details, banking details, VAT number and BEE certificate/level information.
Employers of members and non-member – such as companies/government department name, address and contact details, banking details, VAT number.
Website – such as general website page analytics and usage information through the use of cookies (all such information is un-identifiable information for the purposes of POPIA, see SAMTMA Cookie Policy for further detail); as well as in some instances website user (i.e. non-member) name and contact details for access to specific SAMTMA content/services not freely available to the general public.
Employees – all applicable employee information required to be kept from a labour law perspective and running of the organisation. Such information relates to internal employees and not external clients. As such the rest of this Policy will not cover Employee Information as this is dealt with in SAMTMA internal HR Policies. Furthermore, external parties (unless with applicable court orders or legal reasons) shall not have access to such Employee Information. - HOW PERSONAL INFORMATION IS COLLECTED
Your personal information is obtained directly from you either via online forms on our website or submitted on paper forms, email communications, and on occasion telephonically (only under specific circumstances and at your request). - PURPOSE FOR COLLECTING PERSONAL INFORMATION
The SAMTMA collects personal information for the following purposes:
a. To process your membership application and to provide you with services offered and requested.
b. To understand your specific needs and requirements, and in order to improve the SAMTMA member benefit, service and value offering.
c. To provide you with SAMTMA communications in relation to the services being rendered, and keeping you informed of governance related updates.
d. To provide you with SAMTMA journal/newsletter in relation to the services being rendered, and keeping you informed of management services trends, news and developments and related updates.
e. To provide you with SAMTMA related benefit/marketing material due to your past interaction and use of the SAMTMA services.
f. To ensure payment to suppliers for services procured.
g. For health and safety purposes.
h. For statistical, historical and/or reporting purposes.
The SAMTMA will always ask for your permission before it uses your personal information for any purpose not disclosed above or unrelated to the operations/services of the SAMTMA and its use in the ordinary course of business. - RECIPIENTS OF PERSONAL INFORMATION
The personal information collected is used only by the SAMTMA and its employees in the rendering of its organisational purpose and services. Only in instances where the sharing of personal information to recipients outside of the SAMTMA is necessary in order to fulfil a SAMTMA obligation or service will such information be provided. - PERSONAL INFORMATION SHARED TO THIRD PARTIES
As part of the member benefits provided to SAMTMA Members, the SAMTMA may be required to provide third party service providers with minimal Member personal information (such as for example:
name, membership number, contact details) in order to provide such Member Benefits. Personal information provided to third party service providers for such purposes, will be limited to only that information which is necessary in order for the member to enjoy such benefit which he/she is entitled to. No further information will be provided, and third-party service providers are prohibited from using Member details for any other purpose other than providing the Member benefit or for statistical and historical purposes.
Your privacy is important to us. The SAMTMA will therefore not sell, rent nor provide your personal information to unauthorised entities or to third parties for their independent use without your consent. The SAMTMA will release your personal information to a party if it believes that SAMTMA is required by law or by a court or statutory body to do so. The SAMTMA will also disclose your personal information if the SAMTMA believes that it is necessary to prevent or lessen any unlawful or harmful actions and to protect and defend legitimate business interests, rights, or property of the SAMTMA. SAMTMA will inform you when your personal information must be released. - PROTECTION OF PERSONAL INFORMATION
The SAMTMA values the information that you choose to provide to us and will therefore take reasonable steps to protect your personal information from loss, misuse or unauthorised alteration. The SAMTMA conducts regular security testing of its servers and ensures that its employees are trained around protection of personal information to ensure that your personal information is used correctly and protected.
When you use the services or facilities provided by the SAMTMA, you may be given an access number, username, password and/or personal identification number (“PIN”). You must always keep your username, access card, password and/or PIN a secret and ensure that you do not disclose it to anyone. The SAMTMA shall not be held responsible for personal information accessed as a result of you providing someone your SAMTMA profile username and password. Upon your request the SAMTMA will provide you with its records of the personal information you provided to us. For security reasons, this information will only be sent to the e-mail address on file for the subscriber username and password associated with it.
If you wish to object to the SAMTMA processing your personal information, kindly complete Form 1 (Annexure A) in terms of POPIA and send same to the Information Officer at the SAMTMA or to samtm@global,co,za. Objecting to the processing of your personal information, may result in services being stopped, access or implementation issues and/or other service inefficiencies and communications. - STORAGE OF PERSONAL INFORMATION AND RETENTION THEREOF
Personal information is stored on the SAMTMA computers located onsite and, in the cloud, (which in this case may be hosted outside of South Africa, see Clause 10 below) which is accessed by SAMTMA internal employees only. Personal information will only be retained for so long as necessary to carry out the function, Services required and/or for historical and statistical use by the SAMTMA.
Personal Information no longer required for the purposes of rendering services to you or after completion of services, will be destroyed. The SAMTMA undertakes to ensure that personal information shall not be stored for longer than 5 years, unless required to do so by law or other regulatory obligations and/or for historical record purposes. The SAMTMA however may aintain deidentified information for statistical purposes. - TRANS-BORDER FLOW OF PERSONAL INFORMATION
Your personal information may be stored on servers located outside of South Africa due to the SAMTMA’ requirements. The SAMTMA however undertakes to ensure that service providers used for such cloud servers and/or services are obliged to comply with the highest standards of data protection to ensure the security of your personal information. - LINKS ON SAMTMA WEBSITE OR EMAIL COMMUNICATIONS
The SAMTMA is not responsible for the content or the privacy policies of websites of other institutions to which it may link you to – mainly for information purposes and access to documents provided by such institutions. The use of other third-party websites and content is at your sole discretion. This Policy applies solely to information collected by the SAMTMA. The SAMTMA is not responsible for any representations or information or warranties or content on any website of any third party (including websites linked to the SAMTMA website). The SAMTMA does not exercise control over third parties’ privacy policies, and you should refer to the privacy policy of any third party to see how such party protects your privacy. - PERSONAL INFORMATION HELD BY OR DISCLOSED BY YOU TO THIRD PARTIES
If you disclose any personal information to a third party, such as your client, employer or business partner or anyone other than the SAMTMA, you must be aware that the SAMTMA does not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.
We make use of services, operations and content that is made available by third parties on our website. It is technically necessary to process your IP address to integrate this material so that the content can be sent to your browser. Your IP address is therefore transferred to the third-party provider in question.
The processing of this data takes place, in each case, to maintain our legitimate interests in optimizing and operating our website in a cost-effective manner.
The Java programming language is regularly used to integrate the materials. You can therefore object to any processing of your data by deactivating the use of Java in your browser.
We have integrated content from the following third-party providers on our website:
- CORRECTION OF PERSONAL INFORMATION
It is your responsibility to ensure that the personal information provided to the SAMTMA is true, correct and accurate at all times. You may update and correct your personal information at any time either yourself via your online SAMTMA profile, via email communications to the SAMTMA by sending an e-mail to samtm@global.co.za or through completing and sending Form 2 (Annexure B) in terms of POPIA to the Information Officer at the SAMTMA or to samtm@global.co.za. The SAMTMA does not vet or check the information provided to it, and thus will not be held responsible for any incorrect or outdated information it may and which may be used to provide you with relevant and important communications.
If you would like your Personal Information deleted by the SAMTMA, kindly also use Form 2 (Annexure B) and send same to the Information Officer at the IoDSA or to samtm@global.co.za. Deleting your Personal Information may impact the services being used, offered or access there to. - ACCESS TO PERSONAL INFORMATION HELD BY THE SAMTMA
See the SAMTMA PAIA Manual for detailed information around your rights to access information held by the SAMTMA and applicable steps to follow. - CHANGES TO THIS POLICY
The SAMTMA may change this Policy at any time. The most current version of this Policy will be displayed on the SAMTMA website. If you use this website or any of the services or facilities offered by the SAMTMA after the SAMTMA has displayed a change to this Policy, you will be deemed to have read and agreed to the change. - APPLICABLE LAWS
This Policy will be governed by the laws of the Republic of South Africa. Specifically, the SAMTMA undertakes to comply with the provisions of POPIA and the Promotion of Access to Information Act No.2 of 2000 (“PAIA”). In so far as the SAMTMA collects and uses personal information relating to European Citizens (who may elect to be SAMTMA Members), the SAMTMA undertakes to uphold and comply with the data protection obligations in terms of the General Data Protection Regulation (GDPR) (EU) 2016/679 so far as it applies to the SAMTMA and in a proportionally manner based on the type and amount of information held. For more information on the GDPR see The European Commission website - JURISDICTION
You consent to the jurisdiction of the South African courts for any dispute which may arise out of this privacy policy.