INTRODUCTION

Section 14 of the Constitution of the Republic of South Africa, 1996, provides that everyone has the right to privacy. POPI further determines that the right to privacy includes a right to protection against the unlawful collection, retention, dissemination and use of personal information.

According to section 18 of the Act, if personal information (“PI”) is collected, the Responsible Party must take reasonably practicable steps to ensure that the Data Subject is made aware of the information being collected and where the information is not collected from the Data Subject, the source from which it is collected, subject to certain exceptions, including those where the collection of information is required for a contractual or legal purpose and/or is required for the purpose of protecting the legitimate interests of the Responsible Party.



CONSENT

Engigo Securitys as a Responsible Party has a legal duty to get permission to use any PI owned by a “Data Subject, unless this PI is required as a result of a legal duty or obligation imposed on the Responsible Party, or such PI is required for a contractual or legal purpose and/or is required for the purpose of protecting the legitimate interests of Engigo Securitys or the Data Subject.



SECTION 18 DETAILS

In terms of Section 18 of POPI, Engigo Security is obliged to provide the Data Subject with the following information, when collecting personal information from the Data Subject:

  • Type of information: the type of information being collected;
  • Purpose: the purpose for which this information is being collected;
  • Nature or category of the information: where it will be used and stored;
  • Source: where the information is not collected from the Data Subject directly, the source from which it is collected;
  • Responsible Party details: the name and address of the Responsible Party;
  • Voluntary or mandatory: whether or not the supply of the information by that Data Subject is voluntary or mandatory;
  • Legal requirement: any particular law authorising or requiring the collection of the information and the law, which makes the supply of that information mandatory;
  • Contractual requirement: the contract, which makes the supply of that information mandatory;
  • Consequences of not providing: The consequences of failure to provide the information;
  • Cross border transfer: the fact that the Responsible Party intends to transfer the information to a third country or international organisation and the level of protection afforded to the information by that third country or international organisation;
  • Recipients of information: recipient or category of recipients of the information;
  • Access and right to amend: the right of access to and the right to rectify the information collected;
  • Right to object: the right to object to the processing of personal information as referred to in section 11(3) of POPI; and
  • Complaints: the right to lodge a complaint to the Information Regulator and the contact details of the Information Regulator.

Promotion of Access to Information Act

Engigo POPIA Privacy Policy

Engigo POPI Policy