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Privacy Policy

PREFORM (PTY) LTD
PROTECTION OF PERSONAL INFORMATION
PRIVACY STATEMENT 

1. INTRODUCTION

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1.1 At Pre-form (Pty) Ltd we are committed to protecting your privacy and in ensuring that your personal information is collected and used properly, lawfully and transparently.

1.2 This Statement sets out how we obtain, use and disclose your personal information and also informs you of your rights in terms of the Protection of Personal Information Act, Act No. 4 of 2013 (“POPIA”).
1.3 It is important that you read this Statement carefully before submitting any personal information to us.
1.4 By submitting any personal information to Pre-form (Pty) Ltd., you provide consent to the processing of your information as set out in this Statement.
1.5 Please do not submit any personal information to Pre-form (Pty) Ltd., if you do not agree to any of the provisions of this Statement. If you do not consent to the provisions (or parts thereof) of this Statement, we may not be able to provide you with our products or services.
1.6 Important: If you use our services and products, you agree that we may process your personal information as explained under this Privacy Statement.

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2. AMENDMENT OF THIS STATEMENT

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2.1 We may amend this Statement from time to time for any of the following reasons:
2.1.1 to provide for the introduction of new services or products;
2.1.2 to comply with changes to any legal or regulatory requirements;
2.1.3 for any reason which Pre-form (Pty) Ltd., in its sole discretion may deem reasonable or necessary.
2.2 Any such amendments will come into effect and become part of any agreement you have with Pre-form (Pty) Ltd. The Statement will be published on our website. It is your responsibility to check the website often.

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3. PERSONAL INFORMATION COLLECTED


3.1 Personal Information is defined in POPIA and means information relating to identifiable, living natural person, and where applicable, an identifiable, existing juristic person (referred to as “Data Subjects”). We “process” your personal
information if we collect, use, store, make available, update, disclose, receive, destroy or otherwise deal with it.
3.2 We will collect and process your personal information mainly to contact you for the purposes of understanding your requirements and delivering services and or products accordingly.
3.3 We collect information directly from you where you provide us with your personal details either electronically or otherwise or through the use of our products and services. Depending on the type of business we conduct with you or the relationship you have with us, we may process the following types of personal information:

  • name and contact information (e.g. name, company name, physical address, e-mail, telephone number);

  • company information (e.g. business registration number, VAT registration number);

  • general personal information (e.g. Identity number, date of birth, employment history, education) (for employment purposes or otherwise required by applicable law);

  • financial information (e.g bank details);

  • special personal information (e.g. race, gender, criminal history (for employment purposes only or to comply with laws and other measures designed to protect or advance persons or categories of persons, disadvantaged by unfair discrimination (POPIA Act, Act 4 of 2013 (29) (b))

  • details of transactions you carry out with us;

  • details of contracts and sales you carry out with us.

3.4 We do not process special personal information in the ordinary course of business. We will however process special personal information only if we obtain your consent or have another valid justification to do so.
3.5 Where you provide us with the personal information of third parties you should take steps to inform the third party that you need to disclose their details to us, identifying us. We will process their personal information in accordance with this Statement (e.g credit application reference checks).

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4. PURPOSE OF COLLECTING PERSONAL INFORMATION


4.1 We will use your personal information only for the purpose for which it was collected and agreed with you. In addition, where necessary your information may be retained for legal or research purposes.
4.2 In order for us to provide clients with the products or services they have requested and to notify them of changes to such products or services, we need to collect, process and disclose the information of clients, their representatives, business contacts and service providers.
4.3 We may use your personal information to pursue our legitimate interests such as compile reports, to comply with requests from external auditors, or any regulatory or statutory body, or to correspond with you.
4.4 If we require funding from an investor, bank or other financial institution or if a third party is investing or considers investing in us then we may, in our legitimate interest, provide information to such investor, bank or other financial institution.
4.5 Assessing and dealing with complaints and requests.
4.6 Without your personal information, we may not be able to provide or continue to provide you with the products or services that you require.

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5. COLLECTING OF YOUR PERSONAL INFORMATION


5.1 Data can be collected directly from the Data Subject.
We will not collect your personal information without your consent, except where it is required or permitted by law.
5.2 From Third Party Sources.
This may include, but not limited to:

  • consumer credit information as defined in the National Credit Act, Act No. 34 of 2005 from registered credit bureaus;

  • tracing agents;

  • client due diligence tools and through identity verification and bank verification processes.

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6. SHARING OF PERSONAL INFORMATION


6.1 We are committed and obliged to implement all reasonable controls to safeguard access to your personal information.
6.2 We will not reveal personal information to anyone outside of Pre-form (Pty) Ltd without your permission, unless:

  • we must do so by law or in terms of a court order;

  • it is in the Public Interest;

  • we need to do so to protect our rights;

  • there is a legitimate purpose for sharing.

6.3 Third parties may include, but are not limited to:

  • financial service providers;

  • credit bureaus;

  • external auditors;

  • legal advisors.

6.4 Selected third party providers who assist us by providing administrative or support services, such as website hosting, maintenance, back-up, storage of data etc. will have access to your personal data. Where we make use of such third-party providers, they have to agree to our privacy policies. They are only permitted to access your personal information for the purposes of facilitating or providing those services for or on behalf of Pre-form (Pty) Ltd.

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7. MARKETING


7.1 We may contact you from time to time to inform you of services or products that we believe may be of interest to you. We may also provide you with newsletters or market insight as part of our value-added client experience.
7.2 You may object to us processing your information for marketing purposes. You can do so by informing us via our contact details as supplied under paragraph 8.5.

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8. YOUR RIGHTS AS A DATA SUBJECT


8.1 In Terms of Sections 23 and 24 of POPIA, you are entitled to, in relation to your own personal data, to have:

  • right of access;

  • right to request correction or deletion;

  • right to object to processing.

8.2 Above rights are subject to terms and conditions as set out in POPIA and the Promotion of Access to Information Act (“PAIA”), Act No. 2 of 2000.
8.3 You may request the correction of personal information Pre-form (Pty) Ltd holds about you. Please ensure that the information we hold about you is complete, accurate and up to date. If you fail to keep your information updated, or if your information is incorrect, Pre-form (Pty) Ltd. may limit products or services offered to you.
8.4 You will need to provide us with adequate proof of identity before we respond to a request to access, correct, delete or objection to processing of personal information.
8.5 All requests for information must be directed in writing or electronically, to the following address:

 

Deputy Information Officer
PO Box 1182
Silverton
0127
Tel: +27 (12) 804 2607

Email: anthony@preform.co.za or juanita@preform.co.za

 

9. RETENTION OF YOUR PERSONAL INFORMATION


9.1 We store personal information as required by law.
9.2 We will keep your personal information for as long as:

  • The Law requires us to keep it;

  • a contract we have with you requires us to keep it;

  • you have consented to us to keep it.

9.3 If we have to keep your personal information for longer periods than set out above (for example if it cannot be safely destructed), we will only process it for purposes of storage or for purposes of proof. We will also restrict access and processing of such information.

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10. PRIVACY AND INDEMNITY


10.1 Pre-form (Pty) Ltd. adopts reasonable data collection, storage and processing practices and security measures to protect against the loss, mis-use and interception by third parties of the personal information under our control. However, we cannot guarantee that personal information stored on any our servers or with service providers will be completely free from unauthorised access by third parties.
10.2 To the extent permitted by law, Pre-form (Pty) Ltd assumes no liability for any loss or damages suffered or incurred by you or any third party as a result of the interception, loss, alteration or misuse of personal information obtained unlawfully.
10.3 In the event of a security compromise where your personal information has been accessed or acquired by an unauthorised person, we will notify you directly as soon as possible as provided for in POPIA.

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11. PERSONAL USE OF EMAILS AND NOTICE ABOUT CHECKING ON EMAILS


11.1 Our Communication and information systems are for business use. However, we do realise that our employees occasionally use our systems for personal use. Personal use includes sending or receiving personal emails within or outside Pre-form (Pty) Ltd.
11.2 We do not accept responsibility for the contents of personal emails sent by our employees using our systems. Please note that we may intercept, check on and delete any communications created, stored, sent or received using our systems, according to any law that applies.

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12. AMENDMENTS TO THIS PRIVACY STATEMENT


Pre-form (Pty.) Ltd. reserves the right to change this privacy statement at any time. Unless otherwise stated, the current version shall supersede and replace all previous versions of this statement. The current privacy statement will be available on our website or available upon request from our office.

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13. COMPLAINTS


13.1 Should you believe that Pre-form (Pty) Ltd. has utilised your personal information contrary to Applicable Laws, you undertake to first attempt to resolve any concerns with our Deputy Information Officers at either anthony@preform.co.za or juanita@preform.co.za.
13.2 If you are not satisfied with such process, you have the right to lodge a complaint with the Information Regulator at inforeg@justice.gov.za.

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Revised June 2024

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