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PROTECTION OF PERSONAL
INFORMATION ACT NO 4 OF 2013
(POPI)
CONSENT AND ACKNOWLEDGMENTS IN
TERMS OF THE PROTECTION OF
PERSONAL INFORMATION ACT NO 4 OF
2013 (POPI)
Introduction
The Protection of Personal Information (POPI) Act aims
to give effect to the constitutional right to privacy by
balancing the right to privacy against that of access to
information. The POPI 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 consent form sets out how personal information
will be processed by Ashworth Web & Promotions. The
use of the words “the party” for the purposes of this
document shall be a reference to any party dealing or
communicating with Ashworth Web & Promotions
and/or concluding any agreement, whether of
employment, of service provider or client, or in any
other legal capacity, with the inclusion of each party
referred to or included in terms of such exchange or
agreement.
Ashworth Web & Promotions may process personal
information about you the data subject related to
names and surnames, email addresses, physical
addresses, telephone numbers or account numbers.
The purpose of processing such personal information
about you is to communicate directly with you, also for
marketing purposes, to carry out actions towards
performance of the agreement concluded between
yourself and Ashworth Web & Promotions, to protect
your legitimate interests through such performance
and to comply with relevant statutory provisions.
Ashworth Web & Promotions will only collect personal
information for the purposes as stated above. As part
of the processing of personal information about you,
Ashworth Web & Promotions will collect such
information from you, through your status as
employee, client, business relation, or otherwise. It
may also collect such information from statutory
institutions such as the Companies and Intellectual
Property Commission (CIPC), the South African Revenue
Service (SARS) Information, from a relevant public or
equivalent entity, from its own records related to
previous services provided to you. As part of the
processing of personal information about you,
Ashworth Web & Promotions may also disclose such
personal information to statutory institutions such as
the CIPC, SARS, relevant public or equivalent entities on
whose behalf Ashworth Web & Promotions may act as
intermediary, or other third parties agreed to in writing
with you the data subject.
Consent and permission to process personal
information
Through reading this statement you are explicitly
requested to resolve whether you consent to Ashworth
Web & Promotions processing your personal
information by responding to the consent request.
Should you not consent to Ashworth Web &
Promotions processing your personal information, the
consent request allows for the data subject to opt out.
Should you not respond, your consent for Ashworth
Web & Promotions to process your personal
information is implied. Should you choose to opt out
from Ashworth Web & Promotions processing your
personal information, you understand that
withholding consent or failure to disclose personal
information will result in Ashworth Web & Promotions
being unable to perform its functions and/or any
services or benefits you may require from Ashworth
Web & Promotions. You also indemnify and hold
Ashworth Web & Promotions harmless in respect of
any claims against Ashworth Web & Promotions by any
other person on whose behalf you have consented
should they claim that you were not so authorized. You
furthermore understand that in terms of the POPI Act
and other laws of the country, there are instances
where your express consent is not necessary in order to
permit the processing of personal information, which
may be related to police investigations, litigation or
when personal information is publicly available. You
will not hold Ashworth Web & Promotions responsible
for any improper or unauthorized use of personal
information that is beyond its reasonable control.
Your rights regarding the processing of
personal information
You may withdraw consent to the processing of
personal information at any time, and should you wish
to do so, you must provide Ashworth Web &
Promotions with reasonable notice to this effect. Please
note that withdrawal of consent is still subject to the
terms and conditions of any contract that is in place.
Should the withdrawal of consent result in the
interference of legal obligations, then such withdrawal
will only be effective if Ashworth Web & Promotions
agrees to same in writing. Ashworth Web & Promotions
specifically draws to the attention the fact that the
withdrawal of consent may result in it being unable to
provide the requested information and/or services
and/or other benefits. Further, please note that the
revocation of consent is not retroactive and will not
affect disclosures of personal information that have
already been made. In order to withdraw consent,
please contact the Complete Pet Supplies Information
Officer at awpinternet@gmail.com.
Where personal information has changed in any
respect, you are encouraged to notify Ashworth Web &
Promotions so that its records may be updated.
Ashworth Web & Promotions will largely rely on you to
ensure that personal information is correct and
accurate.
Insofar it concerns direct marketing communications,
you can ask us not to send you these at any time
through following the unsubscribe instructions
contained in the marketing communication, or by
sending a clear message in this regard to the Ashworth
Web & Promotions Information Officer at
awpinternet@gmail.com.
You have the right to access your personal information
that Ashworth Web & Promotions may have in its
possession and you are entitled to request the identity
of which third parties have received and/or processed
personal information for the purpose agreed to. Please
note however, that any request in this regard may be
declined if:
•
the information comes under legal privilege in the
course of litigation,
•
the disclosure of personal information in the form
that it is processed may result in the disclosure of
confidential information,
•
giving access may cause a third party to refuse to
provide similar information to Ashworth Web &
Promotions,
•
the information as it is disclosed may result in the
disclosure of another person’s information,
•
the information contains an opinion about another
person and that person has not consented, or
•
the disclosure is prohibited by law.
Requesting access and lodging of complaints
Please submit any requests for access to your personal
information in writing to the Ashworth Web &
Promotions Information Officer at
awpinternet@gmail.com. With any request for access
to personal information, Ashworth Web & Promotions
will require you to provide personal information in
order to verify identification and therefore the right to
access the information. There may be a reasonable
charge for providing copies of the information
requested.
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Created by Ron Ashworth