Privacy Policy

In compliance with the Protection of Personal Information Act 4 of 2013 (“POPI”) 30 June 2021 

CAMERALAND (PTY) LTD 

REGISTRATION NUMBER  

2005/024030/07 

PHYSICAL ADDRESS 

4th Floor Park on Long Building, 66 Long Street, Cape Town 8001

This document serves as the Privacy Policy (“policy”) of CAMERALAND (PTY) LTD. We  acknowledge that the protection and processing of personal information has  become a global phenomenon and poses great risks. We acknowledge that the right  to privacy enshrined in section 14 of the Constitution of the Republic of South Africa,  1996 (“Constitution”) forms the cornerstone of protection of personal information and  must provide guidance on how we process personal information. 

Compliance with POPI is required as of 30 June 2021 and our team is committed to  complying with its provisions in fulfilment of our clients’ instructions. We acknowledge  our clients’ right to protection against the unlawful collection, retention, dissemination  and use of personal information, subject to justifiable limitations that are aimed at  protecting other rights and important interests.

1. KEY DEFINITIONS 

The following definitions contained in section 1 of POPI are of importance: 'data subject' means the person to whom personal information relates; 'information officer' means the person(s) as identified in this Policy; 

‘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 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; 

'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;

'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; 

'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; 

‘special personal information’ means information relating to the religious or philosophical beliefs, race or ethnic origin, trade union membership, political  persuasion, health or sex life or biometric information or the criminal behaviour of a  data subject. 

2. INFORMATION OFFICER (internal) 

Should you have any questions/complaints/suggestions regarding the processing of  personal information, we encourage you to contact our firm’s Information Officer(s): 

Nadia Mohamed 

021 001 9067

nadiam@tudortech.co.za

You are further invited to contact our Information Officer(s) regarding issues  specifically pertaining to 

1. Any objection to the processing of your personal information; 

2. A request for the deletion/destruction/correction of your personal information or  records; and/or 

3. The submission of a complaint relating to the processing of your personal  information. 

Our Information Officer is responsible for encouraging and ensuring compliance with  POPI, and will deal with requests relating thereto and work closely with the Information  Regulator whenever necessary. 

In addition thereto, our Information Officer will ensure that- 

• a compliance framework is developed, implemented, monitored and  maintained; 

• a risk analysis is done on at least a quarterly basis to ensure continued compliance  with POPI; 

• a manual as described in sections 14 and 51 of the Promotion of Access to  Information Act 2 of 2000 is developed and maintained; 

• training and awareness sessions are conducted every six months to current  employees, and immediately to new employees, on the provisions and  application of POPI; and 

• to do all things necessary to ensure compliance with POPI and process requests  relating thereto. 

Our Information Officer and Deputy Information Officers have been duly appointed  by resolution and have been registered accordingly with the Information Regulator. 

3. INFORMATION REGULATOR (external) 

Should you prefer not to contact our offices directly regarding any personal  information related issues, you may forward your complaint/request directly to the  Information Regulator at: 

inforeg@justice.gov.za

4. ACTION PLAN AND INFORMATION POLICIES 

We worked closely with our legal representatives to ensure compliance with POPI and  the lawful and secure processing of your personal information. This process involved  the following steps: 

• Conducting a risk analysis and developing a POPI action plan; 

• Obtaining the necessary board resolutions and appointing our Information Officer  and Deputy Information Officer(s); 

• Developing our POPI Policies (see below); and 

• Implementing a strategy and a review process for continued compliance with  POPI in future. 

With the assistance of our legal representatives, we have developed and  implemented the following policies regulating the processing of personal information  in our business- 

• Risk analysis 

o We have identified certain areas that carry more risk than others,  specifically relating to those wherein third parties are involved or where  mass volumes of electronic data are stored, and have implemented further  measures to ensure the security of personal information herein; 

o These measures include cybersecurity checks and updates, and the  implementation of Operator Undertakings (see below). 

• Privacy Policy 

o An external document (this document) available to outside parties  explaining how we process personal information and regulating everything  else POPI-related; 

• POPI Policy 

o An internal document specifically applicable to our employees wherein  they acknowledge that they are aware of the provisions of POPI and  undertake to comply with our Information Policies; 

o An internal guideline highlighting the principles applicable to processing of  personal information in our business; 

• Operator Undertakings 

o We have worked closely with third parties who may have access or deal  with any personal information held by us and inquired on whether they are  aware of the provisions of POPI; 

o These third parties have provided us with undertakings, confirming that they  will only process personal information in line with the purpose that it was  provided to them for and in line with the principles enshrined in POPI.

5. DESCRIPTION OF BUSINESS ACTIVITIES 

We are an online and walk-in store providing photo processing services and  photographic and other computer equipment. 

6. PROCESSING OF PERSONAL INFORMATION 

Section 18 of POPI requires from us to ensure you are aware of the following: 

• Your personal information may be processed by us in line with the purpose that it  was provided by you for (see ‘description of business activities’ above) and will be  used solely for this purpose; and 

• The provision of your personal information is not mandatory, however, take caution  that failure to provide us with your information as requested may severely  prejudice (or completely prevent) our ability to provide our services. 

By engaging our services, you therefore consent to us processing your personal  information in line with the purpose for which it was provided to us. 

7. RETENTION AND DELETION OF PERSONAL INFORMATION 

You are further advised that your records will be retained by us for a period 5 (five)  years from the date of last entry on your file, as required by South African Revenue  Service guidelines, after which it will be destroyed and/or deleted and/or destructed  and/or de-identified in a manner that prevents its reconstruction in an intelligible form.  We will proceed to destroy and/or delete and/or destruct the hard copy records with  the assistance of a third party, who provides us with a destruction policy. 

8. GROUNDS FOR PROCESSING PERSONAL INFORMATION 

In conducting our Business Activities as described above, we will generally rely on the  following grounds as listed in section 11 of POPI to process your personal information: 

• Consent; 

• Processing is necessary to carry out actions for the conclusion or performance of  a contract; 

• Processing complies with an obligation imposed on us by law; 

• To protect a legitimate interest of a data subject; or 

• Processing is necessary for pursuing a legitimate interest of ours or of a third party  to whom the information is supplied.

9. GROUNDS FOR PROCESSING SPECIAL PERSONAL INFORMATION 

POPI contains a general prohibition on the processing of special personal information,  unless one of the exclusions in POPI apply. The categories of special personal  information contained in POPI include- 

• Religious or philosophical beliefs; 

• Race or ethnic origin; 

• Trade union membership; 

• Political persuasion; 

• Health or sex life or biometric information; and 

• Criminal behaviour. 

We do not process special personal information in the ordinary course of business. The  processing of the above information involves greater risk, and in the unlikely event  that you require us to do so on your behalf, we will take special care to protect this  information. Our security measures implemented are discussed under “SECURITY  SAFEGUARDS” below. We have worked closely alongside our legal representatives  and IT service providers to identify any risks associated herewith and have  implemented the below measures to combat these risks. 

10. YOUR RIGHTS 

Kindly be advised that, as a data subject, you have the right to 

1. Be informed that your personal information is being collected; 

2. Be informed that your personal information has been accessed by an  unauthorised person; 

3. Establish whether we hold your personal information and request access thereto; 4. Request deletion, destruction or correction of your personal information; 5. Object to the processing of your personal information (on reasonable grounds); 6. Object to the processing of your personal information for purposes of direct  marketing; 

7. Not be subject to a decision based solely on the automated processing of your  personal information; 

8. Submit a complaint to the Information Regulator; 

9. Institute civil proceedings regarding an alleged interference with your personal  information. 

11. YOUR DUTY 

In order for us to properly execute our mandate and provide the best assistance  possible, we kindly request that you provide us with your accurate and complete  personal information required by us to fulfil our mandate. Lastly, we kindly request that  you update us of any changes to your personal information for us to endorse same in  our records.

12. FORMS 

Kindly contact our Information Officer to inquire on the following forms: 

• Objection to processing of personal information; 

• Request for correction or deletion of personal information; 

• Consent in respect of direct marketing; and 

• Complaint regarding an interference with personal information. 

Once received, you are encouraged to complete these forms and present them to  our Information Officer, alternatively the Information regulator, whichever may be  applicable. 

13. CONDITIONS FOR THE LAWFUL PROCESSING OF PERSONAL INFORMATION Our team is committed to the fulfilment of the following condition imposed by POPI: 

1. ACCOUNTABILITY 

2. PROCESSING LIMITATION 

3. PURPOSE SPECIFICATION 

4. FURTHER PROCESSING LIMITATION 

5. INFORMATION QUALITY 

6. OPENNESS 

7. SECURITY SAFEGUARDS 

8. DATA SUBJECT PARTICIPATION 

Our approach in fulfilment of each of the above is discussed below. 

13.1. ACCOUNTABILITY 

We are committed to ensuring that your personal information will only be processed  in accordance with the provisions of POPI and in line with the purpose for which it was  supplied to us. 

13.2. PROCESSING LIMITATION 

Personal information will only be- 

• Processed lawfully and in a reasonable manner; 

• Processed for a specific purpose and reason for which it was supplied to us; and • Collected directly from the data subject, subject to justifiable limitations in  execution of our services insofar as allowed by POPI.

As mentioned above, personal information will only be processed by us on one of the  following grounds listed in POPI: 

• Consent; 

• Processing is necessary to carry out actions for the conclusion or performance of  a contract; 

• Processing complies with an obligation imposed on us by law; • To protect a legitimate interest of a data subject; or 

• Processing is necessary for pursuing a legitimate interests of ours or of a third party  to whom the information is supplied. 

13.3. PURPOSE SPECIFICATION 

Data subjects will always be made aware of the purpose for which their personal  information is being processed. 

As mentioned above, section 18 of POPI requires from us to ensure you are aware that  your personal information may be processed by us in execution of our services to you  and will be used solely for this purpose. By engaging our services, you therefore  consent to us processing your personal information in line with the purpose for which  it was provided to us. 

Personal information will always be collected directly from the data subject, unless- 

• The information has been made public; 

• Consent; 

• The collection from a third party would not prejudice a legitimate interest of the  data subject; 

• The collection of the information from another source is necessary for the conduct  of legal proceedings or to maintain a legitimate interest of ours or of a third party  to whom the information is supplied; 

• The collection directly from the data subject would prejudice a lawful purpose of  the collection; or 

• Compliance is not reasonably practicable in the circumstances of the particular  case. 

Data subjects will be notified by us once their personal information is collected, unless- 

• Consent has been granted for the collection thereof; 

• Failure to notify would not prejudice a legitimate interest of the data subject; • It is collected for purposes of legal proceedings; 

• Notification would prejudice a lawful purpose of the collection; • Notification is not reasonably practicable in the circumstances of the particular  case; or 

• The information will not be used in a form in which the data subject may be  identified, or unless the information is merely for historical, statistical or research  purposes.

13.4. FURTHER PROCESSING LIMITATION 

In line with the previous paragraph (‘PURPOSE SPECIFICATION’), any  further/subsequent processing of your personal information will still be done in  accordance with original purpose and only when processing thereof is necessary in  the circumstances described above. 

13.5. INFORMATION QUALITY 

Upon collecting your personal information, our staff will take all steps necessary to  ensure the correctness of your personal information. All of your personal information is  stored securely for if and when we require same to be processed (refer to “Security  Safeguards” below). 

In order for us to properly assist our clients, we kindly request that you provide us with  your accurate and complete personal information required by us to fulfil our services.  Lastly, we kindly request that you update us of any changes to your personal  information for us to endorse same in our records. 

13.6. OPENNESS 

Your personal information will be stored in a secure system, as explained later on under  ‘SECURITY SAFEGUARDS’. Our goal with this Privacy Policy is to ensure that a data  subject is made aware of: 

• What information is collected and from where; 

• Our business’ name, address and contact details; 

• The purpose for which their personal information is collected; • Whether or not the supply of personal information is mandatory or voluntary; • Consequences of failure to provide personal information; 

• Any particular law authorising the collection of personal information; • Their right to access or rectify the information; 

• Their right to object to the processing of their personal information; and • Their right to lodge a complaint to the Information Regulator and the details of  the Information Regulator. 

13.7. SECURITY SAFEGUARDS 

In order to protect our clients’ personal information, our team will- 

• Implement reasonable, appropriate, technical and organisational measures; and • Notify data subjects and the Information Regulator of any security compromises  as soon as reasonably possible and state: 

o Possible consequences; 

o Steps taken to address the compromise; 

o Recommendation to data subject on what steps to take; 

o Identity of person who accessed the information (if known).

Kindly refer to ‘STEPS IN EVENT OF A COMPROMISE’ in paragraph 10 below. We have implemented the following physical and software/electronic safeguards- 

• Electronic data: 

o Our Wi-Fi network is password protected and secure, allowing only certain  identified devices to connect; 

o Our server is protected and locked away securely; 

o Strong passwords that are reviewed frequently; 

o Trusted antivirus software; 

o Regular software updates; 

o Secured all devices with access control and lock screens; 

o Regular backups of data (on a daily basis) and all data is stored securely;  and 

o Employee training and awareness programs. 

We work closely alongside our IT service providers to ensure that our safeguarding  mechanisms are frequently updated and reviewed. 

• Physical safeguards: 

o Off-site- 

▪ Our hard copy files are stored off-site in a secure storage unit  managed and supervised by an outside party specialising in secure  storage of off-site files. 

o Our offices are further equipped with- 

▪ Alarm system; 

▪ All access points are securely locked; 

▪ Access control is implemented and only employees have access  cards authorising entry into the building; 

▪ Armed response 24 hours a day; and 

▪ Security guards patrolling the office areas. 

Furthermore, all our agreements with third party operators have been reviewed  and/or Operator Undertakings have been provided to ensure compliance by third  parties with POPI. 

13.8. DATA SUBJECT PARTICIPATION 

Data subjects can request confirmation from us on whether we hold personal  information and/or the correct personal information. Data subjects can further  request for such information to be deleted or destroyed. 

Our team will not process special personal information unless expressly provided for in  POPI and unless specifically necessary for the purpose for which it was provided to us  for.

14. STEPS IN EVENT OF A COMPROMISE 

The following steps will be taken by us in the unlikely event of a data  breach/information compromise: 

1. Notify our service provider; 

2. Attempt to establish (internal analysis)- 

2.1. Whether there was in fact a breach; 

2.2. What data, if any, was compromised; 

2.3. Which parties were affected; and 

2.4. The extent of the compromise. 

3. Draft an internal report with the assistance of our IT service providers; 4. Notify affected persons of the breach; 

5. Notify the Information Regulator of the breach; 

6. Notify our insurers; 

7. Cooperate with our service providers and data subjects to prevent any processing  of the compromised data; and 

8. Review our safeguarding structures to prevent a reoccurrence. 

15. CROSS-BORDER TRANSMISSION OF PERSONAL INFORMATION 

In conducting our business activities, we may transmit personal information to other  countries. We do not transfer special personal information to foreign countries. The  processing of the above information involves greater risk, and as such we take special care to protect this information. Our security measures implemented are discussed  under “SECURITY SAFEGUARDS” below. We have worked closely alongside our legal  representatives and IT service providers to identify any risks associated herewith and  have implemented applicable measures to combat these risks. 

We will ensure that the cross-border transmission of your information complies with the  standards set out in POPI, alternatively a higher standard as required in the destination  countries (for example, the General Data Protection Regulation applicable in the  European Union) 

We will not send your personal information abroad unless- 

• Consent has been provided; 

• It is required to perform in terms of a contract; or 

• The foreign laws are equally or more strict than those contained in POPI. 

16. PERSONAL INFORMATION OF CHILDREN 

We do not process personal information of any children in the ordinary course of our  business. We acknowledge that the processing of the above information involves  great risk and such information may only be processed where consent has been  provided by a competent person (parent or guardian) or where otherwise authorised  by POPI.

17. ACCOUNT NUMBERS 

We will never sell, obtain or disclose your account number (whether this relates to any  sort of bank account details, credit card numbers or credit application numbers) to  any person without your consent. 

18. CORRESPONDENCE FROM US 

As a client of ours, we will communicate with you as and when required in the ordinary  course of business. We will only correspond with you if you are an existing or  prospective customer, or if you provided consent. Communications will only be sent if  we obtained your contact details in the context of the sale of our products or services 

as in the ordinary course of business. Communications received from us will always  clearly identify us as the sender and should you wish to stop receiving correspondence  from us, you are encouraged to notify us thereof. 

19. CONCLUSION 

Our Team is committed to complying with POPI and we acknowledge our clients’ right  to protection against the unlawful collection, retention, dissemination and use of  personal information, subject to justifiable limitations that are aimed at protecting  other rights and important interests. 

Kindly contact our Information Officer for any queries relating to the processing of  personal information.