Details

Category: Policies

Aquilla Wellness Solutions (Pty) LTD [AWS] Protection of Personal Information Policy (POPI)

Objective

The objective of this policy is to protect the information assets of the Aquilla Wellness Solutions (Pty) Ltd [AWS] against threats,  be it internal or external,  whether with intent or accidental.  This is necessary to ensure business continuation, curbing of losses and maximising of business opportunities.

This policy sets the standard for suitable protection of personal information in AWS. It provides the principles regarding the right for individuals to privacy and reasonable protection of personal information.

Scope

The policy applies to AWS, Associated Service Providers, their sole owners, key persons, representatives and other personnel in AWS. The sole owners, key personnel and management of AWS are eventually responsible for proper control of information security.

AWS’s Information Control Officer

The responsibilities of the AWS Information Officer are as follows:

• the development and updating of this policy;
• ensuring that this policy is supported with applicable documentation and procedural instructions;
• assuring that documentation is relevant and kept up to date;
• communicating the content of the policy, and consequential updating, to the relevant managers, representatives, personnel and associates concerned.

The company, key personnel, representatives and personnel of AWS are obliged to comply with the provisions of this policy. Any deviations from this policy or breach thereof or incidents that may relate to such a possibility, must be reported to the Information Officer.

External individuals, involved in information technology under contract to AWS, will be subjected to the same information security policy as applicable to AWS. A separate contract will have to be signed confirming commitment to the policy and will include an assurance that security measures are in place when personal information is processed.

Core Principles

The company, key personnel, representatives as well as personnel of AWS are committed to the following principles:

• AWS will always maintain and develop reasonable protective measures against risks such as loss, unauthorised access,  destruction,  use,  alteration or revelation of personal information.
• AWS will at all times comply with restrictions and other requirements applicable to the international transfer of information.

AWS upholds the requirements of the legislation on POPI and maintains an approach of transparency of operational procedures that control collection and processing of personal information.

• AWS is committed to complying with all applicable regulatory requirements related to the collection and processing of personal information.
• AWS undertakes to collect personal information legally and reasonably and to process the personal information obtained from clients only for the purpose for which it was obtained in the first place.
• Processing of personal information obtained from clients will not be undertaken in an insensitive or wrongful way that can intrude on the privacy of the client.
• AWS undertakes not to request or process information related to race, religion, medical situation, political preference, trade union membership, sexual certitude or criminal record. AWS will also not process information about juveniles.
• AWS will ensure that correct and sufficient information is on record of its clients. Non-relevant information will be removed. Only the latest information related to the training process will be recorded.
• Information will be directly obtained from the client.
• AWS also undertakes not to provide any documentation to a third party or service provider without the consent of the client except where it is necessary for the proper execution of the service as expected by the client, in compliance with the education provided, with the proviso that AWS will at all times ensure that the third party also complies with the stipulations and requirements of the POPI legislation as well as when documents are requested by institutions as prescribed by law.
• AWS is compelled to keep an effective record of personal information and undertakes not to keep information for a period longer than that prescribed by the relevant educational legislation. Information will be destroyed at the end of the prescribed period in such a way that it cannot be reconstructed.
• AWS will provide the necessary security of data and keep it under prescribed legislation.
• Should information be lost, that is not under the control of AWS anymore, it will immediately be brought to the attention of the client and the regulator.
• In the event of data loss, the client will receive sufficient information to restrict possible risk that may result from the loss.
• Clients may at all times inquire about information kept and may also request the removal or destruction of information which is not relevant anymore.
• AWS will ensure that all service providers and other role-players involved, comply with the expectations of the POPI legislation of 2013.
• The management of AWS gives the assurance that representatives and staff understand the requirements and expectations of the act and comply with the content thereof and that training will take place on an ongoing basis.
• AWS’s policy regarding private information will continuously be updated to comply with legislation, thereby ensuring that personal information will be secure.

Monitoring

The management as well as the information officer of AWS, are responsible for the implementation, administration and supervision of this policy. This function includes the provision of supporting guidelines, standardised operational procedures, notices, applicable documents and processes.

The sole owner, key personnel, representatives and staff of AWS will be trained to be conversant with their functions regarding the regulatory requirements, policy and guidelines related to the protection and control of personal information. The Facilitators, Assessors and Moderators of AWS will undertake periodic revision and auditing to ensure compliance with the policy, guidelines and the application of the principle of privacy of information.

 Operational controls

AWS will implement suitable operational controls to ensure the privacy of information in compliance with this policy and the regulatory requirements. These control measures will comprise of:

• allocation of responsibilities for information security;
• incident reporting and management;
• user ID inclusion or removal;
• information security training and education;
• data backup.

Implementation

This policy is implemented by the Management and staff of AWS. All stakeholders namely shareholders, directors, key personnel, representatives and staff of AWS assigned with the duty to collect and process personal information, must comply with the requirements of the policy.

Non-compliance to this policy will lead to disciplinary action such as a possible change of mandate or dismissal.

Last updated: 30 August 2020

 

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IMPLEMENTATION CHECKLIST

 

Companies can assess the amount of preparation needed to ready themselves for the implementation of the Protection of Personal Information Bill (“POPI”) by considering the following minimum requirements:

1. Audit the processes used to collect, record,  store,  disseminate and destroy personal information:  in particular,  companies must ensure the integrity and safekeeping of personal information in their possession or under their control. They must take steps to prevent the information being lost or damaged, or unlawfully accessed.  
2. Define the purpose of the information gathering and processing: personal information must be collected for a specific, explicitly defined and lawful purpose that is related to a function or activity of the company concerned.
3. Limit the processing parameters: the processing must be lawful and personal information may only be processed if it is adequate, relevant and not excessive given the purpose for which it is processed.
4. Take steps to notify the ‘data subject’:  the individual whose information is being processed has the right to know this is being done and why. The data subject must be told the name and address of the company processing their information. Besides, he or she must be informed as to whether the provision of the information is voluntary or mandatory.  
5. Check the rationale for any further processing: if the information is received via a third party for further processing, this further processing must be compatible with the purpose for which the data was initially collected.
6. Ensure information quality: the company processing the information must make sure the information is complete, accurate, up to date and not misleading.
7. Notify the Information Protection Regulator: when the POPI is enacted and a Regulator established, organisations processing personal information will have to notify the Regulator about their actions.
8. Accommodate data subject requests: the POPI allows data subjects to make certain requests, free of charge, to organisations holding their personal information. For instance, the data subject has the right to know the identity of all third parties that have had access to their information. A  data subject can also ask for a  record of the information concerned.      
9. Retain records for required periods: personal information must be destroyed, deleted or ‘de-identified’ as soon as the purpose for collecting the information has been achieved. However, a record of the information must be retained if an organisation has used it to decide on the data subject. The record must be kept for a period long enough for the data subject to request access to it.
10. Cross border data transfer: there are restrictions on the sending of personal information out of South Africa as well as on the transfer of personal information back into South Africa. The applicable restrictions will depend on the laws of the country to whom the data is transferred or from where the data is returned, as the case may be.

 

Details

Category: Policies

Aquilla Wellness Solutions (Pty) Ltd [AWS] Privacy Policy

This is the privacy policy for the AWS Website and Online Booking System. AWS is located at www.aquillasa.co.za. We invite you to contact us if you have any questions about this policy. Please email us on or fax us on (086) 515 5142. This policy must be read in conjunction with our Terms of Service Policy.

We respect your privacy. Callouts like this are a summary of our privacy policy and contain the most important and relevant points for you. Please read the full privacy policy because it applies to you.

 Introduction

Welcome to our privacy policy. We are Aquilla Wellness Solutions (Pty) Ltd [AWS] and this is our plan of action when it comes to protecting your privacy. We respect your privacy and take the protection of personal information very seriously. The purpose of this policy is to describe the way that we collect, store, use, and protect information that can be associated with you or another specific natural or juristic person and can be used to identify you or that person (personal information).

The purpose of this policy is to describe the way that we handle your personal information.

Audience

This policy applies to you if you are:

• a visitor to our website; or
• a customer who has applied for or booked a consultation, training, event or used any services that we provide.

This policy applies to you under certain circumstances.

Personal information

Personal information includes:

• certain information that we collect automatically when you visit our website;
• certain information collected on registration (see below);
• certain information collected on submission; and
• optional information that you provide to us voluntarily (see below);

but excludes:

• information that has been made anonymous so that it does not identify a specific person;
• permanently de-identified information that does not relate or cannot be traced back to you specifically;
• non-personal statistical information collected and compiled by us; and
• information that you have provided voluntarily in an open, public environment or forum including any blog, chat room, community, classifieds, or discussion board (because the information has been disclosed in a public forum, it is no longer confidential and does not constitute personal information subject to protection under this policy).

Personal information includes information we collect (i) automatically when you visit our website, (ii) on registration, (iii) on submission, and (iv) from you voluntarily. It excludes (i) anonymous, (ii) de-identified, (iii) non-personal statistical, and (iv) public information.

Common examples

Common examples of the types of personal information which we may collect and process include your:

• identifying information – such as your name, date of birth, or identification number of any kind;
• contact information – such as your phone number or email address;
• address information – such as your physical or postal address; or
• demographic information – such as your religious conviction, gender or marital status.

Sensitive personal information

Depending on the online booking option, training or services that you require, we may also collect sensitive personal information:

•  We do not collect or store any financial information – such as your bank account, credit- or debit card details; this is stored and dealt with by our payment service provider PAYFAST. See their website for more detail on their privacy policy.

Acceptance

Acceptance required

You must accept all the terms of this policy when you use our online booking, training, events or order, register for, or use any of our services. If you do not agree with anything in this policy, then you may not order any of our training or order, register for, or use any of our services.

You may not order any of our membership options, training or order, register for, or use any of our services if you do not accept this policy.

Legal capacity

You may not access our website or use our booking system, training, events or services if you are younger than 18 years old or do not have the legal capacity to conclude legally binding contracts.

Deemed acceptance

By accepting this policy, you are deemed to have read, understood, accepted, and agreed to be bound by all of its terms.

Your obligations

You may only send us your own personal information or the information of another data subject where you have their permission to do so.

Changes

We may change the terms of this policy at any time by updating this web page. We will notify you of any changes by placing a notice in a prominent place on the website or by sending you an email detailing the changes that we have made and indicating the date that they were last updated. If you do not agree with the changes, then you must stop using the website and our membership, goods or services. If you continue to use the website or our membership, goods or services following notification of a change to the terms, the changed terms will apply to you and you will be deemed to have accepted those updated terms.

Collection

On registration

Once you register on our website, you will no longer be anonymous to us. You will provide us with certain personal information when you register on our website.

This personal information will include:

• your full names and surname;
• your RSA identity number;
• your email address;
• your telephone number/s;
• your postal address or street address;
• your Christian orientation or denomination
• your Church affiliation
• your username and password
• your emergency contact information.

We will use this personal information to fulfil your account, provide additional services and information to you as we reasonably think appropriate, and for any other purposes set out in this policy.

We collect certain registration information when you register on our website.

On order

When you make any booking, training or services from us, you will be asked to provide us with additional information voluntarily (goods information or services information).

We collect certain information when you order any goods from us or make use of our services, necessary to provide the goods or services to you.

From browser

We automatically receive and record internet usage information on our server logs from your browser, such as your: Internet Protocol Address (IP address), browsing habits, click patterns, version of software installed, system type, screen resolutions, colour capabilities, plug-ins, language settings, cookie preferences, search engine keywords, JavaScript enablement, the content and pages that you access on the website, and the dates and times that you visit the website, paths taken, and time spent on sites and pages within the website (usage information). Please note that other websites visited before entering our website might place personal information within your URL during a visit to it, and we have no control over such websites. Accordingly, a subsequent website that collects URL information may log some personal information.

We collect certain information from your web browser, including your Internet usage information when you visit our website.

Cookies

We may place small text files called ‘cookies’ on your device when you visit our website. These files do not contain personal information, but they do contain a personal identifier allowing us to associate your personal information with a certain device. These files serve several useful purposes for you, including:

• granting you access restricted content;
• tailoring our website’s functionality to you personally by letting us remember your preferences;
• improving how our website performs;
• allowing third parties to provide services to our website; and
• helping us deliver targeted advertising where appropriate in compliance with applicable laws.

Your internet browser generally accepts cookies automatically, but you can often change this setting to stop accepting them. You can also delete cookies manually. However, no longer accepting cookies or deleting them will prevent you from accessing certain aspects of our website where cookies are necessary. Many websites use cookies and you can find out more about them at www.allaboutcookies.org.

We collect certain information from cookies that we may send to your computer to try and give you a personalised experience.

Third-party cookies

Some of our business partners such as Joomla, OS Booking Service, Payfast etc., use their cookies or widgets on our website. We have no access to or control over them. Information collected by any of those cookies or widgets is governed by the privacy policy of the company that created it, and not by us.

Web beacons

Our website may contain electronic image requests (called a single-pixel gif or web beacon request) that allow us to count page views and to access cookies. Any electronic image viewed as part of a web page (including an ad banner) can act as a web beacon. Our web beacons do not collect, gather, monitor or share any of your personal information. We merely use them to compile anonymous information about our website.

We collect certain information from web beacons on our website to compile anonymous information about our website.

Optional details

You may also provide additional information to us voluntarily (optional information). This includes content or products that you decide to upload or download from our website or when you enter, training, take advantage of promotions, respond to surveys, order certain additional goods or services, or otherwise use the optional features and functionality of our website.

We collect certain optional information, that you provide when you upload or download content from our website or when you enter training, take advantage of promotions, respond to surveys or register and subscribe for certain additional services.

Recording calls

We may monitor and record any telephone calls that you make to us.

Purpose of collection

We may use or process any goods information, services information, or optional information that you provide to us for the purposes that you indicated when you agreed to provide it to us. Processing includes gathering your personal information, disclosing it, and combining it with other personal information. We generally collect and process your personal information for various purposes, including:

• booking purposes - such as collecting orders for, supplying, and supporting your booking for consultation or supervision;
• training purposes – such as collecting orders for, supplying, and supporting our training;
• services purposes – such as collecting orders for and providing our services;
• marketing purposes – such as pursuing lawful related marketing activities;
• business purposes – such as internal audit, accounting, business planning, and joint ventures, disposals of business, or other proposed and actual transactions; and
• legal purposes – such as handling claims, complying with regulations, or pursuing good governance.

We may use your usage information for the purposes described above and to:

• remember your information so that you will not have to re-enter it during your visit or the next time you access the website;
• monitor website usage metrics such as total number of visitors and pages accessed; and
• track your entries, submissions, and status in any promotions or other activities in connection with your usage of the website.

We may use any of the personal information that you provide to us for the purposes that you indicated when you agreed to provide it to us.

Consent to collection

We will obtain your consent to collect personal information:

• under applicable laws of South Africa;
• when you provide us with any registration information or optional information.

We will get your consent to collect your personal information under applicable laws when you provide us with it.

Use

Our obligations

We may use your personal information to fulfil our obligations to you.

Messages and updates

We may send administrative messages and email updates to you about the website. We may wish to provide you with information about new goods or services in which we think you may be interested. This means that in some cases, we may also send you primarily promotional messages. We will not send you promotional messages unless you have chosen to opt-into them. But, we may send you one message asking you to opt-into promotional messages without you having opted-into promotional messages.

We may use your information to send you administrative messages and email updates to you regarding the website and for marketing purposes where lawful.

Targeted content

While you are logged into the website, we may display targeted adverts and other relevant information based on your personal information. In a completely automated process, computers process personal information and match it to adverts or related information. We never share personal information with any advertiser, unless you specifically provide us with your consent to do so. Advertisers receive a record of the total number of impressions and clicks for each advert. They do not receive any personal information. If you click on an advert, we may send a referring URL to the advertiser’s website identifying that a customer is visiting from the website. We do not send personal information to advertisers with the referring URL. Once you are on the advertiser’s website however, the advertiser can collect your personal information. We generally do not use targeted advertising, but third party sites might utilise that. Please familiarise yourself with the third-party policies.  

We may use your information for targeted content in certain, specified instances.

Disclosure

Sharing

We may share your personal information with:

• other divisions or companies within the group of companies to which we belong to provide joint content and services like registration, for transactions and customer support, to help detect and prevent potentially illegal acts and violations of our policies, and to guide decisions about our products, services, and communications (they will only use this information to send you marketing communications if you have requested their goods or services);
• an affiliate, in which case we will seek to require the affiliates to honour this privacy policy;
• our goods suppliers or service providers under contract who help supply certain goods or help with parts of our business operations, including fraud prevention, bill collection, marketing, technology services (our contracts dictate that these goods suppliers or service providers only use your information in connection with the goods they supply or services they perform for us and not for their benefit);
• credit bureaus to report account information, as permitted by law;
• banking partners as required by credit card association rules for inclusion on their list of terminated merchants (if you utilise the services to receive payments and you meet their criteria); and
• other third parties who provide us with relevant services where appropriate.

We may share your personal information with third parties to fulfil our obligations to you among other purposes.

Regulators

We may disclose your personal information as required by law or governmental audit.

Law enforcement

We may disclose personal information if required:

• by a subpoena or court order;
• to comply with any law;
• to protect the safety of any individual, minors or the general public; and
•  to prevent violation of our customer relationship terms.

We may disclose personal information to third parties if required for legal reasons.

No selling

We will not sell any personal information. No personal information will be disclosed to anyone except as provided in this privacy policy.

Marketing purposes

We may disclose aggregate statistics (information about the customer population in general terms) about the personal information to business partners.

Employees

We may need to disclose personal information to our employees that require the personal information to do their jobs. These include our responsible management, human resources, accounting, audit, compliance, information technology, or other personnel.

Change of ownership

If we change ownership, or a merger with, acquisition by, or sale of assets to, another entity, we may assign our rights to the personal information we process to a successor, purchaser, or separate entity. We will disclose the transfer on the website. If you are concerned about your personal information migrating to a new owner, you may request us to delete your personal information.

Security

We take the security of personal information very seriously and always do our best to comply with applicable data protection laws. Our hosting company will host our website in a secure server environment that uses a firewall and other advanced security measures to prevent interference or access from outside intruders. We authorize access to personal information only for those employees who require it to fulfil their job responsibilities. We implement disaster recover procedures where appropriate.

Our website is hosted on a secure server and uses security measures to prevent interference by intruders.

Accurate and up to date

We will try to keep the personal information we collect as accurate, complete and up to date as is necessary for the purposes defined in this policy. From time to time we may request you to update your personal information on the website. You can review or update any personal information that we hold on you by accessing your account online, emailing us, or phoning us. Please note that to better protect you and safeguard your personal information, we take steps to verify your identity before granting you access to your account or making any corrections to your personal information.

Please keep your personal information accurate and up to date by accessing your account online, emailing us, or phoning us.

Retention

We will only retain your personal information for as long as it is necessary to fulfil the purposes explicitly set out in this policy, unless:

• retention of the record is required or authorised by law; or
• you have consented to the retention of the record.

During the period of retention, we will continue to abide by our non-disclosure obligations and will not share or sell your personal information.

We may retain your personal information in physical or electronic records at our discretion.

We will only retain your personal information for as long as is necessary.

Transfer to another country

We may transmit or transfer personal information outside of the country in which it was collected to a foreign country and process it in that country. Personal information may be stored on servers located outside the country in which it was collected in a foreign country whose laws protecting personal information may not be as stringent as the laws in the country in which it was collected. You consent to us processing your personal information in a foreign country whose laws regarding processing of personal information may be less stringent.

We may not transfer your personal information outside the country in which it was collected to a foreign country without your permission. OR We may transfer your personal information outside the country in which it was collected to a foreign country.

Updating or removing

You may choose to correct or update the personal information you have submitted to us, by clicking the relevant menu in any of the pages on our website or contacting us by phone or email.

You may choose to update or remove the personal information you have submitted to us.

Limitation

We are not responsible for, give no warranties, nor make any representations in respect of the privacy policies or practices of linked or any third party websites.

 International users

If you are visiting aquillsa.co.za from a location outside of the Republic of South Africa, your connection will be through and to servers located in South Africa

Enquiries

If you have any questions or concerns arising from this privacy policy or how we handle personal information, please contact us.


Last updated: 30 August 2020