Please note that The Company cannot, despite its safeguards and security, guarantee the security of any Personal Information that you disclose on the internet or online.
Definitions and Interpretation
References to the word or term:
- “ECT Act” means the Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002), as amended.
- “Personal Information” means information relating to an identifiable, living, natural person and where it is applicable, identifiable, existing juristic person, including all information as defined in the Protection of Personal Information Act, 2013 (Act No. 4 of 2013), as amended (“PoPI”). When referenced to you, it means all information specific to you, that identifies you, provided over the internet.
- “The Company” means First Care Solutions (Pty) Ltd.
- “Process” or “Processing” or “Processed” or words of similar nature or meaning, means the creation, generation, communication, storage, destruction of personal information as more fully defined in PoPI.
- “you” or the “user” means any person who accesses, uses and/or browses the Website, for any purpose.
Status and Amendments
The Company respects your privacy and will take reasonable measures to protect it, as more fully detailed below.
Why would The Company collect your Personal Information
The Company will use your Personal Information only as appropriate in the normal course of business. Your personal information will be collected essentially for the following reasons:
- to identify you; and/or
- for The Company to Process your instructions; and/or
- to manage any transaction you may have with The Company; and/or
- to comply with the laws of the Republic of South Africa; and/or
- to detect fraud; and/or
- for direct marketing to you via e-mail or telephone.
The Company does not permit the selling or providing of Personal Information to third parties for independent use or commercial gain. The Company may share your Personal Information with its business partners if that information is required to provide you with the products or services requested by you.
Should you be required, at any time, to register as a user on the Website, you may be required or obliged to provide The Company with the following Personal Information:
- your first name and surname; and/or
- your date of birth or age; and/or
- your email address; and/or
- your physical address; and/or
- your gender; and/or
- marital status; and/or
- your contact telephone or cellular number; and/or
- username and password.
Should that information change, you are requested to update such information as soon as reasonably possible to enable The Company to update its records.
You may choose to provide additional Personal Information to The Company, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
Processing of Personal Information
By providing your Personal Information to The Company you acknowledge that it has been collected directly from you and consent to and authorise its Processing by The Company.
Where you submit Personal Information (such as your name, address, telephone number and email address etc.) via the Website (e.g. through completing any online form or registration) the following principles will be observed in the Processing of that information:
- The Company will only collect Personal Information for a purpose consistent with the purpose for which it is required, which will be apparent from the context in which it is requested; and/or
- The Company will only Process Personal Information in a manner that is adequate, relevant and not excessive in the context of the purpose for which it is processed; and/or
- Personal Information will only be Processed for a purpose compatible with that for which it was collected, unless you have agreed to an alternative purpose in writing
or The Company is permitted or obliged in terms of legislation of general application dealing primarily with the protection of Personal Information; and/or
- The Company will keep records of all Personal Information collected and the specific purpose for which it was collected for a period of 1 (one) year from the date on
which it was last used; and/or
- The Company will not disclose any of your Personal Information to any third party without your prior written agreement or The Company is required to do so in law; and/or
- if Personal Information is released with your consent The Company will retain a record of the information released, the third party to which it was released, the reason for the release and the date of release, for a period of 1 (one) year from the date on which it was last used; and/or
- The Company will destroy or delete any Personal Information that is no longer needed by The Company for the purpose it was initially collected, or subsequently Processed.
As permitted by the ECT Act, The Company hereby advises you that it may use your Personal Information, so collected, towards the compiling of profiles for statistical purposes. The information contained in the profiles or statistics will not be able to be linked back to any specific user.
The Company subscribes to the principles of collecting Personal Information electronically as set provided for in section 51 of the ECT Act.
Collection of Anonymous Data
The Company may use standard technology to collect information about the use of the Website, but which will only be for the collection of statistical data.
The Company may utilise temporary or session cookies to keep track of users’ browsing habits. It is important that it be brought to your attention that a “cookie” is a small file that is transferred or downloaded onto the hard drive of your computer in order to keep a record of your interaction with the website and facilitate your convenience. Cookies, by themselves, will not be used to identify a user, but may be used to compile deidentified or anonymised statistics relating to the use of services or goods offered or to provide The Company with feedback on the use, efficiency and/or performance of the Website.
The following types of information may be collected in respect of users who have enabled cookies:
- the browser software used; and/or
- your Internet Protocol address; and/or
- the date and time of activities while visiting the Website; and/or
- the URLs or uniform resource locator of internal pages visited; and/or
It is possible to opt out and/or alter the manner in which your browser handles cookies. Please note that, if this is done, certain services on the Website may not be available.
The Company takes reasonable measures to ensure the security and integrity of information submitted to or collected by the Website, but cannot, under any circumstances, be held liable for any loss or other damage sustained by you as a result of unlawful access to or dissemination of any Personal Information by a third party.
Links to other websites
The Company has no control over and accepts no responsibility or liability for the privacy practices of any third party websites to which hyperlinks may have been provided.
- Where we refer to “process”, it means how we collect, use, store, make available, destroy, update, disclose, or otherwise deal with personal information. As a general rule we will only process this personal information if it is required to deliver or offer a service, provide a product, carry out a transaction or obligation in a contract.
- This policy establishes a general standard for the appropriate protection of personal information (POPI) within the First Care Solutions (Pty) Ltd environment furthermore, it provides principles regarding the rights of individuals to privacy and to reasonable safeguards of their personal information.
- All employees, contractors, consultants, temporary and other workers at First Care Solutions (Pty) Ltd, including all personnel affiliated with third parties must adhere to this policy. This policy applies to information assets owned or leased by First Care Solutions (Pty) Ltd, or to devices that connect to an First Care Solutions (Pty) Ltd network or reside at an First Care Solutions (Pty) Ltd site.
- Policy Statement
- What is personal information?
- Personal information refers to any information that identifies you or specifically relates to you, or your employees stored or processed on The Product/s. Personal information includes, but is not limited to, the following information about you and / or your employees:
- Marital status
- National origin
- Birth place
- Relevant financial history
- Identifying number (like an employee number, identity number or passport number)
- E-mail address; physical address (like residential address, work address or your physical location); telephone number
- Biometric information (like fingerprints, signature or voice)
- Race; gender; sex; pregnancy status; ethnic origin; social origin; colour; sexual orientation
- Physical health; mental health; well-being; disability; religion; belief; conscience; culture
- Medical history; criminal history; employment history
- Personal views, preferences and opinions
- Another’s views or opinions about you
- Full names and initials Personal information includes special personal information, as explained below.
- When will we process your personal information?
- We will only process this personal information for lawful purposes relating to our business if the following applies:
- If you have consented thereto
- If a person legally authorised by you, the law or a court, has consented thereto
- If it is necessary to conclude or perform under a contract we have with you
- If the law requires or permits it
- If it is required to protect or pursue your, our or a third party’s legitimate interest
- What is special personal information? Special personal information is personal information about the following:
- Race (like where a company submits reports to the Department of Labour where the statistical information must be recorded)
- Ethnic origin
- Trade union membership
- Health (like where you apply for an insurance policy)
- Biometric information (like to verify your identity); and / or your criminal behaviour and alleged commission of an offense
- When will we process your special personal information?
- We may process your special personal information in the following circumstances:
- If you have consented to the processing
- If the information is being used for any Human Resource or payroll related requirement
- If the processing is needed to create, use or protect a right or obligation in law
- If the processing is for statistical or research purposes and all legal conditions are met
- If the special personal information was made public by you
- If the processing is required by law
- When and from where we obtain personal information about you
- We collect personal information from you directly.
- We may collect personal information from a public record or if you have deliberately made the information public.
- We collect personal information from 3rd parties that are directly integrated with our software platform
- We collect information about you based on your use of our products, services or service channels.
- We collect information about you based on how you engage or interact with us such as via emails, letters, telephone calls and surveys
- We collect personal information from completed forms i.e. contact and billing information If the law requires us to do so, we will ask for your consent before collecting personal information The third parties from whom we may collect your personal information include, but are not limited to, the following:
- your spouse, dependents, partners, employer, and other similar sources;
- people you have authorised to share your personal information, like a person that makes a travel booking on your behalf or a medical practitioner for insurance purposes;
- attorneys, tracing agents, debt collectors and other persons that assist with the enforcement of agreements;
- payment processing services providers, merchants, banks and other persons that assist with the processing of your payment instructions, like EFT transaction partners.
- insurers, brokers, other financial institutions or other organisations that assist with insurance and assurance underwriting, the providing of insurance and assurance policies and products, the assessment of insurance and assurance claims and other related purposes;
- law enforcement and fraud prevention agencies and other persons tasked with the prevention and prosecution of crime;
- regulatory authorities, industry ombudsman, governmental departments, local and international tax authorities;
- trustees, Executors or Curators appointed by a court of law;
- our service providers, agents and sub-contractors like couriers and other persons we use to offer and provide products and services to you;
- courts of law or tribunals.
- Reasons we need to process your personal information.
- We will process your personal information for the following reasons:
- to provide you with products, goods and services;
- to market our products, goods and services to you;
- to respond to your enquiries and complaints;
- to comply with legislative, regulatory, risk and compliance requirements (including directives, sanctions and rules), voluntary and involuntary codes of conduct and industry agreements or to fulfil reporting requirements and information requests
- to conduct market and behavioural research, including scoring and analysis to determine if you qualify for products and services or to determine your credit or insurance risk
- to develop, test and improve products and services for you;
- for historical, statistical and research purposes, like market segmentation;
- to process payment instruments;
- to create, manufacture and print payment advice;
- to enable us to deliver goods, documents or notices to you;
- for security, identity verification and to check the accuracy of your personal information;
- to communicate with you and carry out your instructions and requests;
- for customer satisfaction surveys, promotional offerings.
- to enable you to take part in and make use of value-added products and services;
- to assess our lending and insurance risks; and / or
- for any other related purposes.
- How we use your personal information for marketing purposes
- We will use your personal information to market our services, related products and services to you
- We may also market non-banking or non-financial products, goods or services to you
- We will do this in person, by post, telephone, or electronic channels such as SMS,Whatsapp and email
- If you are not our customer, or in any other instances where the law requires, we will only market to you by electronic communications with your consent
- In all cases you can request us to stop sending marketing communications to you at any time
- When, how and with whom we share your personal information In general we will only share your personal information if any one or more of the following apply:
- If you have consented to this
- If it is necessary to conclude or perform under a contract we have with you
- If the law requires it; and / or
- Our employees as required by their employment conditions
- Attorneys, tracing agents, debt collectors and other persons that assist with the enforcement of agreements
- Payment processing services providers, merchants, banks and other persons that assist with the processing of your payment instructions, like 3rd party EFT service providers
- Law enforcement and fraud prevention agencies and other persons tasked with the prevention and prosecution of crime
- Regulatory authorities, industry ombudsmen, governmental departments, local and international tax authorities and other persons the law requires us to share your personal information with
- Our service providers, agents and sub-contractors like couriers and other persons we use to offer and provide products and services to you
- Persons to whom we have ceded our rights or delegated our obligations to under agreements, like where a business is sold
- Courts of law or tribunals that require the personal information to adjudicate referrals, actions or applications;
- Trustees, Executors or Curators appointed by a court of law
- Participating partners in our customer loyalty reward programmes, where you purchase goods, products and service or spend loyalty rewards; and / or our joint venture and other partners with whom we have concluded business agreements, for your benefit
- Under what circumstances will we transfer your information to other countries?
- We will only transfer your personal information to third parties in another country in any one or more of the following circumstances:
- Where your personal information will be adequately protected under the other country’s laws or an agreement with the third party recipient
- Where the transfer is necessary to enter into or perform under a contract with you, or a contract with a third party that is in your interest
- Where you have consented to the transfer; and / or
- Where it is not reasonably practical to obtain your consent, the transfer is in your interest This transfer will happen within the requirements and safeguards of the law. Where possible, the party processing your personal information in the other country will agree to apply the same level of protection as available by law in your country or if the other country’s laws provide better protection the other country’s laws would be agreed to and applied. An example of us transferring your personal information to another country is where foreign payments take place if you purchase goods or services in a foreign country, or request that we facilitate salary payments to your employees in the countries.
- Your duties and rights about the personal information we have about you.
- You must provide proof of identity when enforcing the rights below.
- You must inform us when your personal information changes. Please refer to our Promotion of Access to Information Act 2 of 2000 Manual (PAIA Manual) for further information on how you can give effect to the rights listed below.
- You have the right to request access to the personal information we have about you by contacting us. This includes requesting: ·
- Confirmation that we hold your personal information
- A copy or description of the record containing your personal information; and
- The identity or categories of third parties who have had access to your personal information
- We will attend to requests for access to personal information within a reasonable time.
- You may be required to pay a reasonable fee to receive copies or descriptions of records, or information about third parties.
- We will inform you of the fee before attending to your request.
- Please note that the law may limit your right to access information.
- You have the right to request us to correct or delete the personal information we have about you if it is inaccurate, irrelevant, excessive, out of date, incomplete, misleading, obtained unlawfully or we are no longer authorised to keep it.
- You must inform us of your request in writing. Please refer to our PAIA Manual for further information in this regard, like the process you should follow to give effect to this right.
- It may take up to 15 business days for the change to reflect on our systems.
- We may request documents from you to verify the change in personal information.
- A specific agreement that you have entered into with us may determine how you must change your personal information provided at the time when you entered into the specific agreement.
- Please adhere to these requirements. If the law requires us to keep the personal information, it will not be deleted upon your request. The deletion of certain personal information may lead to the termination of your relationship with us. You may object on reasonable grounds to the processing of your personal information.
- We will not be able to give effect to your objection if the processing of your personal information was and is permitted by law; you have provided consent to the processing and our processing done according to your consent or the processing is necessary to conclude or perform under a contract with you.
- You must inform us of any objection in writing. Please refer to our PAIA Manual for further information in this regard, like the process you should follow to give effect to this right.
- Where you have provided your consent for the processing of your personal information, you may withdraw your consent. If you withdraw your consent we will explain the consequences to you. We may proceed to process your personal information even if you have withdrawn your consent if the law permits or requires it. It may take up to 15 business days for the change to reflect on our systems, during this time we may still process your personal information.
- You have a right to file a complaint with us or any Regulator with jurisdiction about an alleged contravention of the protection of your personal information by us. We will address your complaint as far as possible.
- How we secure your personal information.
- We will take appropriate and reasonable technical and organisational steps to protect your personal information according to industry best practices. Our security measures (including physical, technological and procedural safeguards) will be appropriate and reasonable. This includes the following:
- Keeping our systems secure (like monitoring access and usage)
- Storing our records securely
- Controlling the access to our buildings, systems and/or records; and
- Safely destroying or deleting records
- Ensure compliance with international security standards
- How long do we keep your personal information?
- We will keep your personal information for as long as:
- The law requires us to keep it
- A contract between you and us requires us to keep it
- You have consented to us keeping it
- We require it for statistical or research purposes
- A code of conduct requires us to keep it; and / or
- We require it for our lawful business purposes Note: We may keep your personal information even if you no longer have a relationship with us, for the historical data that may be required by your employer or employee.
- Children's Privacy
- Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided First Care Solutions (Pty) Ltd with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers. If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.
- A cookie is a small piece of data sent from our websites or applications to your computer or device hard drive or Internet browser where it is saved. The cookie contains information to personalise your experience on our websites or applications and may improve your experience on the websites or applications. The cookie will also identify your device, like the computer or smart phone. By using our websites or applications you agree that cookies may be forwarded from the relevant website or application to your computer or device. The cookie will enable us to know that you have visited the website or application before and will identify you. We may also use the cookie to prevent fraud and for analytics.