POPI Act Compliance

1. Introduction

Abagold Limited, registration number 1995/070041/06 (hereafter “Abagold”, “we”, “us” or “our”) respects your privacy, and the protection of your personal information is of great importance to us. We are committed to ensuring the security and protection of the personal information that we process, and to providing a compliant and consistent approach to data protection.

This privacy statement, together with the Abagold POPI and PAIA manual, aims to inform you how Abagold will treat any personal information that it may have concerning you, and how you can access such personal information held.

Reference made to “POPIA” means the Protection of Personal Information Act 4 of 2013, and reference made to “PAIA” means the Promotion of Access to Information Act 2 of 2000, as amended.

By visiting our premises, communicating electronically with us and making use of our services, you consent to the processing and transfer of your personal information as set out in this privacy statement below. Abagold will take all reasonable measures, in accordance with this statement, to protect your personal information and to keep it confidential.

For this privacy statement, “personal information”, “data subject” and “processing” will have the meanings given to them in POPIA.

We may collect your information through visitation, job application forms, business proposals and for business, employment and insurance contract purposes.

2. Application of the Privacy Statement

2.1. Our privacy policy applies to the processing of your personal information collected by us or on our behalf, such as data subjects who use our products and services and/or who provide us with products and services, clients, and any other data subjects who engage with us.

2.2. This privacy statement does not apply to third parties with whom we are affiliated or who use our services, such as marketing.

3. Collection of Personal Information

3.1. Personal information may be provided to us by you, or collected by us from you, when we engage with you, when you make use of our products and services, and/or when we make use of your products and services.

3.2. The kind of personal information will be dependent on the specification for which it is intended and its use. The specific purposes for which the information is collected will be apparent from the context in which the information is requested, including but not limited to:

• the collection, receipt, recording, organisation, collation and storage of information;
• the updating or modification, retrieval, alteration or use of information;
• dissemination by means of transmission, distribution, or making available in any other form;
• when you apply for employment opportunities at Abagold, where you may be required to provide your name and surname, identity number, employment history and criminal behaviour;
• biometrics for access to certain premises of Abagold as an employee;
• when you visit our premises where CCTV cameras are installed.

Where possible, we will inform you what information is voluntary or mandatory for you to provide to us, and the consequences of failing to provide the requested information.

We will only retain your personal information if necessary for the fulfilment of those purposes as have been identified by us, and/or as required by law, and/or as agreed with you.

4. How We Use Your Information

4.1. Personal information will only be processed for the purposes for which it was collected, and/or to comply with legal and regulatory obligations, and/or as authorised by law, and/or with your consent.

4.2. The purposes for which we process personal information include, but are not limited to:

• providing services or products to you;
• providing access to restricted space on our premises;
• complying with legal requirements;
• marketing or promoting products and services;
• safety and security reasons;
• compiling non-personal statistical information about Abagold’s growth (skills, dominant gender) to promote equality and education.

5. Disclosure of Information

5.1. Abagold may disclose your personal information to third parties in certain circumstances, which include, but are not limited to:

• where we have your consent;
• where we are required to do so by law;
• to our service providers who are involved in the delivery of products or services to you.

Third parties to whom we disclose personal information include, but are not limited to:

• our service providers at Abagold;
• the authorities (regulators, courts, law enforcement).

6. The Transfer of Information

6.1. We may need to transfer your personal information to a third party for processing or storage. We will ensure that anyone to whom we pass your personal information agrees to treat your information with similar protection as provided for in POPIA.

6.2. We may transfer your information to other countries which do not have similar protection as provided for in POPIA, with your consent.

7. Information Security

7.1. We take appropriate and reasonable technical and organisational measures to prevent any unauthorised or unlawful access to, loss of, damage to or unauthorised destruction of personal information.

7.2. We have implemented various policies, procedures and standards to safeguard personal information.

7.3. We regularly verify that the safeguards are effectively implemented, and ensure that they are continually updated in accordance with the regulations.

7.4. Abagold has implemented procedures to address actual and suspected data breaches, and undertakes to notify you and the relevant regulatory authorities of breaches in instances in which Abagold is legally required to do so, and within the period in which such notification is necessary.

7.5. Notwithstanding paragraphs 7.1 to 7.3 above, to the extent acceptable by law, we shall not take liability for any loss and/or damages arising from any unauthorised access, disclosure, misuse or destruction of your personal information.

8. Data Subject Rights

8.1. Subject to the POPIA provisions, you have the right to:

• request access to your personal information;
• request, where necessary, the correction, destruction or deletion of your personal information;
• object to the processing of your personal information;
• submit a complaint to the Information Regulator regarding the alleged interference with the protection of the personal information;
• institute civil proceedings regarding the alleged interference with the protection of your personal information.

9. Conditions and Supporting Terms

This privacy statement can be accessed through visiting our website at www.abagold.com and on Abagold premises, with all the supporting documents, terms and conditions of the privacy statement regulated by South African laws.

10. Contact Details

Enquiries about this privacy statement may be directed to the following information officers:

Name: Enver Manchest
Telephone: +27 (0)28 313 0253
Email address: Enver@abagold.co.za

Name: Vasti Carla Coert
Telephone: +27 (0)28 313 0253
Email address: Varsti@abagold.co.za

Name: Craig Stewart
Telephone: +27 (0)28 313 8506
Email address: Craig@abagold.co.za

Abagold’s registration number: 1995/070041/06

11. Regulator Information

You have the right to lodge a complaint with the Information Regulator in writing, as per their website (www.justice.gov.za/inforeg/contact.html):

Complaints email: complaints.IR@justice.gov.za
General enquiries email: inforeg@justice.gov.za

Physical address:
House 27 Stiemens Street
Braamfontein
Johannesburg
2001

Postal address:
PO Box 31533
Braamfontein
Johannesburg
2107