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Privacy Policy

CLARK AND KENT (PTY) LTD

POPIA ELECTRONIC FACILITIES PRIVACY POLICY 2021

 

 

CONSENT TO PROCESS PERSONAL INFORMATION IN TERMS OF THE PROTECTION OF INFORMATION ACT, 4 OF 2013 (POPIA)

 

Readers are requested to familiarise themselves with CLARK AND KENTS privacy policy before utilising electronic facilities or provide CLARK AND KENT  with any personal information by providing CLARK AND KENT  with personal information, the reader consents to the CLARK AND KENT  processing their personal information, which CLARK AND KENT  undertakes to process strictly in accordance with its privacy policy.

 

The Protection of Personal Information Act, 4 of 2013 (POPIA) gives effect to the constitutional right to data privacy in terms of Section 14 of the Bill of Rights of the Constitution. The responsible use of the CLARK AND KENT website and related resources in respect of data privacy is important to CLARK AND KENT.

 

CLARK AND KENT  committed to protecting all person’s rights to privacy and who in consequence will ensure that all person’s Personal Information is used appropriately, transparently and according to applicable law, CLARK AND KENT  has to ensure that these rights to privacy are balanced with other rights such as the right to use and have access to the CLARK AND KENT Information and Services including its online and social media platforms and applications.

 

CLARK AND KENT’S Policy sets out the responsibilities and obligations of all persons who make use of, or access or receive Information and Communications via its electronic communication facilities and resources including its website, email and social media platforms and how all users of these facilities and resources are to ensure that when using these resources that they respect and process another’s Personal Information lawfully and in accordance with the provisions of POPIA and the 8 Personal Information Processing Principles.

 

  1. INTRODUCTION

 

  • In order to carry out its aims and objectives a panel beater offering comprehensive vehicle repair, dent removal, panel beating and spray-painting services and manufacturing CLARK AND KENT is continually receiving, providing and processing Personal Information.

 

  • In terms of the Protection of Personal Information Act, 4 of 2013 (POPIA) everyone has the right to privacy, including the right to the lawful collection, retention, dissemination and use of one’s Personal Information.

 

  • In accordance with the law, CLARK AND KENT is obligated to provide persons/ whose Personal Information is processed by CLARK AND KENT, (known as a “Data Subject”) with a number of details pertaining to the use of and subsequent processing of the Data Subject’s Personal Information, before use or processing by CLARK AND KENT .

 

  • In addition, CLARK AND KENT sets out below the reasons why it will have to process a Data Subject’s Personal Information, the conditions under which it will receive and use a Data Subjects Personal Information, how CLARK AND KENT will use and handle this Personal Information, as well as the conditions under which it will provide its own Personal Information.

 

  1. APPLICATION

 

  • The Privacy Policy of CLARK AND KENT , is applicable to the following:

 

  • CLARK AND KENT electronic platforms and facilities, including social media, websites and / or email, whether owned by, established by, used by, hosted by and / or accessed by CLARK AND KENT;

 

  • Data Subject(s), who may access and make use of the aforementioned CLARK AND KENT electronic platforms and facilities, including, without detracting from the generality thereof, CLARK AND KENT employees and staff, consumers and customers, vendors, contractors, service providers and / or other third parties.

 

  • all the Personal Information which is owned by CLARK AND KENT and which is provided to any responsible parties and / or operators as a result of such person accessing or making use of the CLARK AND KENT social media and electronic platforms.

 

  1. ACCOUNTABILITY

 

  • CLARK AND KENT takes the privacy and protection of a Data Subject’s Personal Information seriously and will only process a Data Subject’s Personal Information in accordance with POPIA and the terms of this Privacy Policy.

 

  • Therefore where CLARK AND KENT makes available any of its Personal Information to a Responsible Party or Operator, such a person will be required as a condition of receiving such information, to process such Personal Information in accordance with POPIA and the terms of this Privacy Policy.

 

  • Accordingly, the relevant data privacy principles relating to the processing of Personal Information, whether that belonging to CLARK AND KENT or that belonging to a data subject (including, but not limited to, the collection, handling, transfer, sharing, correction, storage, archiving and deletion) will apply without exception, save where POPIA provides for such an exception, to all and any Personal Information provided by CLARK AND KENT to another or received by CLARK AND KENT  as a result of the use of the CLARK AND KENT  electronic platforms and facilities.

 

  1. AGREEMENT TO BE BOUND AND CONSENT TO PROCESS

 

  • By accessing or using the CLARK AND KENT electronic platforms and facilities including all website and URL’s, any sites housed under its domain names and / or social media platforms, and / or when sending or receiving emails using the CLARK AND KENT email, the Data Subject:

 

  • acknowledges that it has read and understood this Privacy Policy and related provisions;

 

  • agrees to be bound by this Privacy Policy;

 

  • agrees to comply with this Privacy Policy; and

 

  • consent to the processing and further processing of the required Personal Information for the required purpose by CLARK AND KENT, in accordance with this Privacy Policy.

 

  1. RECEIPT, USE AND SHARING OF PERSONAL INFORMATION BY THE CLARK AND KENT

 

  • CLARK AND KENT will receive Personal Information pertaining to a Data Subject when the Data Subject submits a query or request via the CLARK AND KENT electronic platforms or facilities, including via its website, or by way of email, telephone or via social media.

 

  • On receipt of the request or query, CLARK AND KENT will thereafter use and process the Data Subject’s Personal Information for the purpose of the query and for a variety of related purposes, which will all depend on the query or request, and which without detracting from the generality thereof may include:

 

  • for the purposes of identifying and / or verifying the Data Subject’s details;
  • for the purposes of providing information, products and / or services or details in connection therewith or pertaining thereto, that the Data Subject, may have requested;
  • for trade application and / or purchasing purposes;
  • to enroll the Data Subject as a vendor;
  • for employment application purposes;
  • for the purpose of concluding an employment relationship with an applicant;
  • for the purposes of managing any information pertaining to the Data Subject;
  • for further processing or general administration purposes;
  • for legal or contractual purposes;
  • to improve the quality of the CLARK AND KENT products and services;
  • to help CLARK AND KENT detect and prevent fraud and money laundering;
  • for the purposes of recovering unpaid monies and / or any other amount due to CLARK AND KENT ;
  • for the purpose of debt collection;
  • for the purposes of research, analytical and statistical purposes;
  • for the purpose of carrying out analysis and consumer / customer profiling;
  • for the purposes of identify other products and services which might be of interest to the Data Subjects;
  • for the purposes of informing a Data Subject about CLARK AND KENT products and services.

 

  • In order to correctly handle any request or query, and in order to perform the purposes described above, CLARK AND KENT may from time to time share a Data Subject’s Personal Information with the following CLARK AND KENT parties:

 

  • employees, which will only be done on a need to know basis;
  • suppliers, which will only be done on a need to know basis;
  • selected business partners who provide products and services which may be of benefit to a Data Subject which will only be done on a need to know basis; and
  • operators such as service providers and agents who perform services on behalf of the CLARK AND KENT which will only be done on a need to know basis and in terms of a CLARK AND KENT relevant agreement.

 

  • CLARK AND KENT does not share a Data Subject’s Personal Information with any third parties who have not been described above, unless CLARK AND KENT:

 

  • legally obliged to provide such information to another for legal or regulatory purposes;
  • required to do so for purposes of existing or future legal proceedings;
  • the onward transmission and/or sharing of Personal Information is necessary for the pursuance or protection of CLARK AND KENT legitimate interests or that of the Data Subject or a third party;
  • So far as it relates to the prevention of fraud, loss, bribery or corruption and are using another agent or service provider under a mandate to provide such service, and the agent or service provider needs to process the Data Subject’s Personal Information for the purpose of investigating and or preventing any act of fraud, loss, bribery or corruption,
  • and under all of the abovementioned circumstances, CLARK AND KENT will take reasonable measures to ensure that such Personal Information is only provided to the recipient, if such recipient undertakes to keep the Personal Information confidential and secure.

 

  • In the exceptional event that CLARK AND KENT has to transfer the Data Subject’s Personal Information across the South African borders, it will ensure that the recipient thereof agrees to be bound by POPIA under and in terms of a set of binding corporate rules or binding agreements that provide an adequate level of protection and uphold the principles for the reasonable and lawful processing of such Personal Information.

 

  1. RECEIPT, USE AND SHARING OF THE CLARK AND KENT PERSONAL INFORMATION

 

  • On receipt and in response to a query or request received from a Data Subject, referred to under section 5 above, CLARK AND KENT may transmit via its website, or by way of email, telephone or via social media, its own Personal Information, which Personal Information on receipt by the requesting or receiving party, may only be used for the purpose relating to the initiating of the request or query and for no other purpose. Furthermore, the recipient undertakes that it will not use this Personal Information for any other purpose or share this information with any other party, save where it has been given express permission to do so by CLARK AND KENT .

 

  1. INFORMATION QUALITY/OPENNESS/DATA SUBJECT PARTICIPATION

 

  • CLARK AND KENT will ensure the integrity and accuracy of a Data Subject’s Personal Information, however this may not at all times be possible. Following this, the Data Subject accepts the responsibility for keeping his / her or its Personal Information up to date, and undertakes to inform CLARK AND KENT of any changes to his / her and its Personal Information.
  • A Data Subject has a right of access to any Personal Information which CLARK AND KENT may have and where applicable may ask CLARK AND KENT to correct any inaccuracies in or to any such Personal Information. Any access request must be done by way of a formal CLARK AND KENT  PAIA process, which is accessible at  info@clarkandkent.co.za

 

  1. SECURITY OF PERSONAL DATA

 

  • CLARK AND KENT makes all reasonable effort to ensure that its social media and electronic platforms including its website secure at all times, however CLARK AND KENT advises that it cannot guarantee the security of any information provided to and/or by CLARK AND KENT  through the CLARK AND KENT  website, e-mail, internet or social media sites. Following this CLARK AND KENT  cannot be held responsible for any loss or unauthorised use or interception of information transmitted via these social media and electronic platforms or sites, including its Internet, which is beyond CLARK AND KENT’s  reasonable control.

 

  • CLARK AND KENT website may contain links to other websites outside of CLARK AND KENT’s CLARK AND KENT  is not responsible for the content, privacy or security of these other third party controlled websites.

 

  • CLARK AND KENT has placed cookies on its website which makes contact with your / a Data Subject’s device to help make the CLARK AND KENT social media and electronic platforms website better.

 

  • CLARK AND KENT makes use of social plugins of social networks such as Facebook, YouTube, LinkedIn,Google+ and Twitter. Please note that CLARK AND KENT has no influence on or control over the extent of the data retrieved by the social networks’ interfaces and CLARK AND KENT  can accordingly not be held responsible or liable for any processing or use of Personal Information transmitted via these social plugins. For information on purpose and extent of the data retrieval by the social network concerned, and about the rights and settings which are available for you to access for the protection of your private information, please refer to the data protection information provided by the social network in question.

 

  • Note that all CLARK AND KENT social media and electronic platforms including its website and telephone facilities and your use of them will be monitored on a regular basis including the recording and interception of content placed on or stored on said facilities which is done for security, integrity and quality assessment purposes and by using such electronic platforms and facilities you expressly acknowledge notice of such monitoring and interception and give consent thereto in accordance with the Regulation of Interception of Communications and Provision of Communication-Related Information Act 70 of 2002 (“RICA”),

 

  • Subject to the provisions above, CLARK AND KENT has implemented the appropriate technical and organisational security measures which are required in order to protect all Personal Information and related data which it holds from and / or against unauthorised access, accidental or willful manipulation, loss or destruction.

 

  1. THIRD PARTY INFORMATION AND THAT BELONGING TO MINORS

 

  • In the event that a Data Subject provides CLARK AND KENT with Personal Information on behalf of another, CLARK AND KENT will not be able to process the query or request unless such query or request is accompanied with the required permission and consent from the owner of that Personal Information.

 

  • Should the Data Subject be under the age of 18, such person’s Personal Information will only be processed if the minor’s parent or legal guardian gives the required consent or permission to the processing of the provided Personal Information.

 

 

  1. CONTACT PARTICULARS

 

10.1. CLARK AND KENT  can be contacted in relation to this Privacy Policy via email info@clarkandkent.co.zad telephonically (031) 2057251

 

  1. REVISION OF POLICIES

 

  1. CLARK AND KENT reserves the right to amend and/or update this Privacy Notice at any time. Any such revision will be published as an amended version on the CLARK AND KENT   Therefore, any change to this Policy will be posted and shared as an updated version and readers are advised to visit and re-read this policy on a regular basis.

 

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