MEIHUIZEN FREIGHT (PTY) LTD MANUAL IN TERMS OF THE PROTECTION OF PERSONAL INFORMATION ACT, NO 4 OF 2013 (POPIA)
Meihuizen Freight (Pty) Ltd T/A
MANUAL & UNDERTAKING in terms of The Protection of Personal Information Act, 2013
No. 4 of 2013 (the "ACT")
Meihuizen Freight (Pty) Ltd trading as Meihuizen International (Meihuizen), was formed in 1984 and conducts business as a logistics supply chain agent, Ships Agent and Export Procurement Agent, Company Registration Number: 1983/007382/07
2. COMPANY CONTACT DETAILS
Persons designated/duly authorised persons:
Peter Meihuizen (Managing Director)
Gerald Hagemann, Mark Kilbride.
Chief Information Officer
Email Address: firstname.lastname@example.org
Deputy Information Officer
Email Address: email@example.com
Postal Address: P.O. Box 5492, Cape Town, 8000
Street Address: 6th Floor, 5 St Georges, St Georges Mall, Cape Town, 8001
Telephone Number: 021 440 5400
Fax Number: 021 421 5563
3. THE ACT
3.1 The ACT aims to give effect to the constitutional right to privacy by regulating the right to privacy against that of access to personal information. The ACT requires that personal information pertaining to individuals be processed lawfully and in a reasonable manner that does not infringe on the right to privacy. This manual sets out how personal information will be collected, used and protected by Meihuizen as required by the ACT.
3.3 Therefore the ACT protects the personal information (PI) of both individuals and juristic persons by following 8 conditions and/or principles that a business should follow: (1) Accountability (who takes responsibility), (2) Processing limitation (when you can use PI), (3) Purpose specification (acceptable reasons to process PI), (4) Further processing (using the PI again for another reason), (5) Information quality (making sure the PI is of a good quality), (6) Openness (letting people know what PI you have about them), (7) Security (both digital and physical security of PI) and (8) Data subject participation (letting people access and correct their PI)
4. APPLICABLE LEGISLATION (*including but not limited to)
No Ref Act
- No 25 of 2002 Electronic Communications and Transactions Act
- No 2 of 2000 Promotion of Access of Information Act
- No 68 of 2008 Consumer Protection Act
- No 4 of 2013 Protection of Personal Information Act
5. WHAT IS PERSONAL INFORMATION?
The personal information that Meihuizen requires from individuals relates to names and/or surnames, birth dates, race, gender, sex, pregnancy, marital status, national and social origin, colour, age, physical and mental health, well-being, disability, religion, language, employment history, registration numbers, identity numbers, contact numbers, email address, physical address, passport numbers, demographic information, SARS VAT number, SARS Customs number, shipping information, financial information including banking details, information required to complete “Transport Documents” as defined by our Standard Terms and Conditions and information provided by the individual in the Application to Commence Business Form, 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, the views or opinions of another individual about the person, and other information which may be defined as “personal information” or “special personal information” by the ACT. In summary the information that Meihuizen would require to maintain our commercial relationship with you in an effective and efficient manner.
6. WHAT IS THE PURPOSE OF THE COLLECTION, USE AND DISCLOSURE OF
Meihuizen is legally obligated to collect, use and disclose personal information for the purposes
- Employing and recruiting appropriate employees;
- Facilitate communication and arrangements with regards to general meetings with potential and/or Meihuizen customers;
- Collect the minimum amount of information required to establish the scope of work that needs to be completed, service offering required, and/or commercial relationship required;
- Facilitate the process of completion of our Application to Commence Business Form;
- Providing you with our services and products according to agreed terms and as per your request, hence for the purpose of allowing the commercial terms to be executed between parties in line with our Standard Terms and Conditions to enable you to have a good customer experience;
- For carrying out the specific transactions, shipping instructions and maintaining our contractual and business relationship with our customers, appointed agents, regulatory authorities, suppliers during the delivery and execution of our commercial engagement;
- The facilitating of our communication with you to ensure business continuity, including providing you with necessary information, documentation, references and recommendations about our services and products;
- Improving the security and functioning of our website, network and ERP system to ensure that you receive an excellent user experience, whilst our networks and information are secure.
- Providing you with tailored newsletters and/or notifications, including relevant material to help you stay up to date with our services, products and industry.
- Operating and managing our business operations to ensure the proper functioning of our service offering.
- Completion, submission, liaison and distribution of “transport documents” in accordance with our Standard terms and Conditions to regulator authorities, shipping lines, SARS Customs, Clearing and Forwarding Agents, appointed third parties, suppliers, banks, storage providers and any other party that requires the ‘transport document’ for us to fulfill the requirement set out in our commercial engagement with you.
7. WHAT IS “RESPONSIBLE PARTY” AND “DATA SUBJECT”?
The ACT defines a “responsible party” as the 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. In this instance Meihuizen is the responsible party.
The ACT defines “data subject” as the person (natural or juristic person) to whom the personal information relates to. In this instance the data subject is the individual defined above.
8. WHAT IS “PROCESSING”?
The ACT provides that the term “processing” covers any operation or activity, whether or not by automatic means, concerning personal information, including collection, receipt, recording, organization, collation, storage, retrieval, alteration, consultation or use, dissemination by means of transmission, distribution or making available in any other form, or merging, linking, restricting, erasure or destruction of information.
9. HOW WILL MEIHUIZEN COLLECT PERSONAL INFORMATION?
- Directly from the individual or representative of a juristic person;
- From an employer or other duly authorized/mandated representative who may seek or request our services;
- From appointed third parties of the Data subject to facilitate the fulfillment of our commercial engagement.
- From our own records relating to our previous supply of services or responses to the data subjects request for services.
- From any regulated body
- It should be noted that the form of collection can be through our website, email correspondence, telephone conversations, physical delivery, and any other form of direct communication with the Data subject as defined in our Standard Terms of Conditions.
10. CONSENT AND PERMISSION TO PROCESS PERSONAL INFORMATION:
- The Data subject is required to give consent in any reasonable form possible;
- The Data subject hereby provide authorization to Meihuizen to collect, use and disclose personal information for the purpose stated above;
- The Data subject understands that withholding of, or failure to disclose personal information will result in Meihuizen being unable to perform its functions and/or any services or benefits the Data subject may require from Meihuizen;
- The Data subject understands that in terms of the ACT and other laws of South Africa, there are instances where express consent is not necessary in order to permit the processing of personal information, which may be related to police investigation, litigation or when personal information is publicly available. The Data subject will not hold Meihuizen responsible for any improper or unauthorised use of personal information that is beyond its reasonable control.
11. RIGHTS REGARDING THE PROCESSING OF PERSONAL INFORMATION:
consent is not retroactive, and will not affect disclosures of PI that have already been made.
- In order to withdraw consent, please email notice to the Chief Information Officer or the Deputy Information Officer.
- If you provide us with any PI of another person, you are responsible for ensuring that such person is made aware of the information contained in this Manual and that the person has given you his/her consent for sharing the information with us.
- Except for certain information that is required by law, your decision to provide any PI to us is voluntary. You will therefore not be subject to adverse consequences if you do not wish to provide us with your PI.
- Note that most of the PI that we hold about you comes from information you completed, therefore, please ensure that you keep your information correct, up to date and a copy of the information you provided us.
12. PERSONAL INFORMATION RETENTION:
We will retain the PI for as long as you use our website, and as long as we have an ongoing commercial relationship with you, and for a reasonable time thereafter. Note that some, or all of the PI may be required in order for the website to function properly, and we may be required to retain certain information by law. We further retain the PI based on the following principles:
- We retain your PI as long as we have an ongoing commercial relationship with you;
- We will only keep the PI for as long as needed to provide our services and products to you;
- We retain your PI for as long as needed in order to comply with the ACT, requirements
from regulatory bodies and any other law within South Africa;
- We retain PI in the best interest of the Data subject.
- We will delete or anonymize your PI when it is no longer required for the purposes for which it was collected and subsequently processed.
13. SECURITY MEASURES IN PLACE
We place great importance to your right to privacy and the protection of your PI. We want you to feel secure that when you deal with us, your PI is in good hands and secure. Therefore, we protect PI in accordance with the applicable data privacy laws and data policies. We also have implemented appropriate organizational and technical security measures to safeguard your PI against unauthorized or unlawful destruction of or damage. We maintain organizational,
physical and technical security arrangements for all the PI we hold. We have protocols, controls and relevant policies and procedures to maintain these arrangements taking into account the risk assessment completed and risk associated with the categories of PI and processing of PI we undertake. We store PI on servers on an ongoing basis and daily backups are completed remotely to safeguard the PI. The servers as well as all other hardware and software are
protected with anti-virus software, firewalls, passwords and regular maintenance.
14. ACCESS TO MANUAL
This manual is available for inspection by the general public upon request, during office hours and free of charge, at the offices of Meihuizen International. The manual can also be requested from the Chief Information Officer of Deputy Information Officer. The manual is also published on Meihuizen International’s website referred to above.
SIGNED AT CAPE TOWN ON THIS 30TH DAY OF JUNE 2021