POPI ACT

DISCLAIMER – PROTECTION OF PERSONAL INFORMATION – POPI ACT

Jacana Advisory Consulting Pty Ltd would like to welcome you to its website.

By viewing this website, you hereby acknowledge that you have read and accept the following Protection of Personal Information (POPI) disclaimer.

Jacana Advisory shall take all reasonable measures to protect the personal information of users and for the purpose of this disclaimer “personal information” shall be defined as detailed in the Promotion of Access to Information Act, Act 2 of 2000 (“PAIA”) and the Protection of Personal Information Act, Act 4 of 2013 (“POPI”).

The PAIA and POPI Acts are available online at www.gov.za/documents/acts.

As per the POPI Act personal information refers to information that identifies or relates specifically to you as a person or data subject, for example, your name, age, gender, identity number and your email address. A definition of personal information can be found in the Jacana Advisory Privacy policy.

The Collection of Personal Information

Employee and Contractor Information

• To Remunerate the person;
• To comply with laws authorising or requiring such processing, including (but not limited to) the Basic Conditions of Employment Act 75 of 1997; the Labour Relations Act 66 of 1995; the Employment Equity Act 55 of 1998; the Occupational Health and Safety Act 85 of 1993, the Income Tax Act 58 of 1962 and the VAT Act 89 of 1991;
• To conduct criminal, credit, employment reference and other related reference checks;
• To provide value added services such as human resource administration, training, performance reviews, talent management and other reasons related to the management of employees and/or contractors

Client Information

• To render client related services and administration of clients accounts;
• To conduct criminal, credit, reference, and other related reference checks
• To authenticate the client;
• To provide the clients with information which Jacana Advisory believes may be of interest to the clients, such as information relating to public awareness campaigns and matters of public interest in which Jacana Advisory is involved or has decided to lend its support to.
• A part of Jacana Advisory’s service offering allows the entity to contact the client’s procurement database to assist in a lawful compliancy manner. The client needs to inform this data subject as well as sign an Jacana Advisory consent notice via website or written email.

Supplier and Third Party Contractor/Service Provider Information/ Consultant

• To secure the products and services of the supplier/service provider or contractor as part of Jacana Advisory’s product and service offering;
• To manage the Jacana Advisory operations, logistics and relationship with the supplier and/or contractor for any purposes required by law by virtue of the relationship between the supplier and Jacana Advisory
• To render services relating to the administration of supplier supplier/service provider or contractor accounts;
• To provide the supplier/service provider or contractor with information which Jacana Advisory believes may be of interest, such as information relating to public awareness campaigns and matters of general public interest in which Jacana Advisory is involved or has decided to lend its support to.
• The Third party provides consent to Jacana Advisory to communicate to its clients on their behalf to assist in a service offering provided by Jacana Advisory for the third party or consultant.

Sources of Personal Information

Personal information may be collected from the following sources:

• Directly from the person when he/she applies for any Jacana Advisory related employment, provide services to Jacana Advisory, submit forms requests or transactions, use our websites or make use of any of the Jacana Advisory services;
• From public registers, credit bureaus and law enforcement agencies and any other organisation from which Jacana Advisory may acquire your information;
• From people and entities employed by Jacana Advisory to provide services to Jacana Advisory which may be legally entitled to provide Jacana Advisory with personal information.
• The Storage of Personal Information

The Storage of Personal Information

All personal information collected by Jacana Advisory will be stored as follows:

• In a secure and safe manner according to strict information security principles with safeguards to ensure its privacy and confidentiality;
• For no longer than is necessary to achieve the purpose for which it was collected unless further retention is

Required by law or contractual obligation;

Otherwise reasonably required by Jacana Advisory for lawful purposes related to its functions and activities;

Retained further with the person’s consent

After which the information will be de-identified and disposed of as per the Jacana Advisory Control of Records policy.

Jacana Advisory has an information process and risk management in place, which are monitored, maintained and upkept with anti-virus, access control systems, firewalls, trained staff and all systems and computers are password protected.

Sharing of Personal Information

Any information supplied to Jacana Advisory will be treated as confidential and Jacana Advisory will not disclose information unless legally permitted thereto. No information will be transferred to a Third Party without the explicit consent of the data subject unless legally obliged thereto. By providing the personal information, the data subject agrees that Jacana Advisory may transfer the information to the following people and organisations in pursuit of the data processing purposes set out in our Privacy Policy:

• To the divisions and entities in Jacana Advisory, including directors, employees, agents, auditors, subsidiaries legal and other professional advisors who are authorised to process this information;
• To financial and government organisations who may request information from Jacana Advisory, in which case the data subject will be notified in advance; the provision of such information, including banks, governmental, judicial, regulatory ad law enforcement bodies including the South African Revenue services and the National Credit Regulator;
• To persons employed by Jacana Advisory to provide services on our behalf and that adhere to principles similar to Jacana Advisory regarding the treatment of personal information;
• To any person to whom Jacana Advisory cede, delegate, transfer or assign any of our rights or obligations pertaining to products and/or services provided to the person or contracts concluded with the person;
• To any person who acts as legal guardian, executor of an estate, curator or in a similar capacity;
• To any person or persons who may be permitted by applicable law or that you may consent to, including persons or entities who may request such information to evaluate the credit worthiness of the person.

Your Rights regarding your Personal Information

A data subject (employee, consultant, supplier and/or client) has the following rights to his/her personal information collected, processed, and stored by Jacana Advisory:

• Right of access to and the right to rectify or update the personal information collected;
• The right to object at any time to the processing of the personal information in which event the consequences of the objection will be explained to the data subject.
• The right to request Jacana Advisory to no longer process the personal information of the data subject should the information not be required for further processing or by law.
• General Conditions pertaining to Personal Information

General Conditions pertaining to Personal Information

Jacana Advisory accepts no liability whatsoever for any loss, damage (whether direct, indirect, special or consequential) and/or expenses of any nature whatsoever which may arise as a result of, or which may be attributable directly or indirectly from information made available on these pages or links, or actions or transaction resulting there from.

The Laws of the Republic of South Africa will govern all terms and conditions of any products and services contained in these pages. Should you request products or services through the Jacana Advisory Website you hereby consent and submit to the jurisdiction of the South African courts in regard to all proceedings, actions, applications or the like instituted by each party against the other, and in any way arising from any stated terms and conditions.