PROTECTION OF PERSONAL INFORMATION POLICY
- “BKB Group” means BKB Limited, a public company duly incorporated in terms of the company laws of the Republic of South Africa, with registration number 1998/012435/06 and with registered office situated at 61 Grahamstown Road, North End, Port Elizabeth, including all of its business units and subsidiaries as listed in Schedule 1 hereto.
- “Data Subject” means the Person whose Personal Information is Processed.
- “Information Officers” means those BKB officials (listed in schedule 2 hereto) appointed and registered as Information Officers with the regulator and who is responsible for encouraging compliance by the BKB Group with the lawful Processing of Personal Information.
- “Law” means any law of general application and includes the common law and any statute, constitution, decree, treaty, regulation, directive, ordinance, by-law, order or any other enactment of legislative measure of government (including local and provincial government) statutory or regulatory body which has the force of law;
- “Personal Information” means information relating to an identifiable Person as defined in section 1 of POPIA.
- “Process, Processing or Processed” means, without limitation, the collection, use, storage, variation, merging, linking, dissemination and destruction of Personal Information and “Further Processing” shall bear a similar meaning, but will only occur after the initial Processing of Personal Information.
- “Person” means a natural or juristic person.
- “Special Personal Information” means Personal Information as referred to in Section 26 of POPIA.
- When referring to a “Duly Authorised Representative”, “Agent” or “Proxy” in this policy document, such authorisation shall be in writing and, where applicable, comply with the requirements of Chapter 1 of the Financial Intelligence Centre Act 38 of 2001 or the Consumer Protection Act 68 of 2008 and accompanying regulations or any other applicable Law as the case may be.
- The BKB Group is committed to serve its clients, employees and all other stakeholders to the best of its abilities and, in doing so, to protect their Personal Information. This policy aims to achieve that purpose and to ensure lawful Processing of Personal Information.
- It is important for the Data Subject to familiarise him-/ her-/itself with the contents hereof to be adequately informed about why and how their Personal Information is Processed and their rights and entitlements under POPIA.
- The BKB Group has duly appointed Information Officers as prescribed by POPIA. The contact details of the Information Officers are set out in schedule 2 hereto.
CONSENT FOR THE PROCESSING OF PERSONAL INFORMATION
- The BKB Group will not Process Personal Information without the consent of the Data Subject, either personally or on his/her/its behalf by a Duly Authorised Representative or Proxy, save where the Processing of such Personal Information is required by Law.
- The supply of Personal Information is voluntary, unless the supply of such information is required by Law.
- The BKB Group requires specific Personal Information to be provided by the Data Subject in order to inter alia carry out its business functions, serve the interests of its clients, provide its services, sell its products and perform in terms of contracts.
- The BKB Group acknowledges a Data Subject’s right to object to the Processing of Personal Information.
- Whilst the BKB Group acknowledges a Data Subject’s right to object to the Processing of Personal Information, the BKB Group reserves the right to withdraw or refuse its services or products where a Data Subject unreasonably refuses to consent to the Processing of Personal Information.
SOURCING OF PERSONAL INFORMATION
The BKB Group collects Personal Information directly from Data Subjects, save where:
- Personal Information is supplied by a Duly Authorised Proxy or mandated Agent of the Data Subject;
- the Data Subject has consented to Personal Information being collected by third parties;
- the collection thereof from third parties is required by Law or forms part of a public record.
CLASSIFICATION OF PERSONAL INFORMATION PROCESSED
- The following Personal Information is Processed by the BKB Group:
- Information identifying individuals or juristic entities, including but not limited to: names and surnames, identification or registration numbers, tax number, VAT number, passport number, sex, age, marital status, employment information, residential information or business address, nationality, citizenship, home language, preferred communication language or such other Personal Information as may be required to enter into a business relationship with the Data Subject.
- Financial information, including, but not limited to the Data Subject’s financial institution, bank account number, branch code, salary/income, credit score or such other financial information necessary to give effect to a transaction.
- Contact information, including, but not limited to physical addresses, electronic mail addresses, fax numbers, telephone numbers, cellphone numbers, postal addresses or such other contact information necessary to maintain the business relationship between the BKB Group and the Data Subject.
- The BKB Group will not Process any Special Personal Information as defined by POPIA without the consent of the Data Subject, unless required by Law or otherwise justified in terms of POPIA.
PURPOSE OF PROCESSING OF PERSONAL INFORMATION
- The BKB Group processes Personal Information for the following purposes, depending on the nature of the dealings with the Data Subject:
- applications for credit facilities / advances;
- applications for employment;
- applications from goods and service providers;
- assessing B-BBEE status;
- auction registration and mandates;
- conclusion of contracts;
- creation and maintenance of customer databases;
- direct and indirect marketing;
- human resource purposes;
- legal compliance with statutory laws and regulations;
- maintenance of companies’ security registers;
- conclusion of security documents (bonds, suretyships, cessions etc.);
- retail; or
- for any matter necessary or incidental to the effective performance of the BKB Group to give effect to the above matters.
SHARING OF PERSONAL INFORMATION WITH THIRD PARTIES
- The BKB Group will not share the Personal Information of a Data Subject unless this has been consented to by the Data Subject, save where the sharing of Personal Information is required by Law.
- The BKB Group shall take reasonable measures to ensure the confidentiality of Personal Information shared with third parties and to ensure that third parties are lawfully Processing Personal Information as prescribed by POPIA.
- Notwithstanding clause 7.2 above and whilst the BKB Group endeavors to take reasonable steps as contemplated above, it cannot warrant lawful Processing of Personal Information by third parties with whom the Data Subject’s Personal Information has been shared.
- The Data Subject’s Personal Information shall be Processed within the BKB Group by trained employees within the course and scope of their employment within the BKB Group.
WHO RECEIVES PERSONAL INFORMATION
- The BKB Group shares or otherwise Processes Personal Information of Data Subjects with various third parties in conducting its business operations. The BKB Group shares or otherwise Processes Personal Information with:
- service providers;
- employees within the scope and course of their employment;
- regulatory authorities or administrative bodies established by Law;
- industry bodies or associations where necessary;
- its auditors;
- parties to multilateral contracts of which the Data Subject is a party;
- foreign regulatory bodies in the case of cross border transactions; and
- Companies within the BKB Group as listed in Schedule 1.
- In the event of data sharing or Processing in terms of clause 8.1.9 above, this will typically occur where the Data Subject has dealings with more than one entity within the BKB Group. For example, a Data Subject may apply for a credit facility with BKB Agrifin and purchase livestock through BKBLouwid or deliver grain to Grainco. In order to facilitate these transactions it is typical that Personal Information is shared within the BKB Group.
TRANSBORDER TRANSFER OF PERSONAL INFORMATION
- The BKB Group may from time to time transfer or cause the transfer of Personal Information of a Data Subject across national borders during the scope and course of its business and operations.
- The BKB Group shall endeavor to transfer Personal Information across national borders only if the recipient third party in a receiving country is subject to laws or otherwise legally binding rules or agreements affording adequate protection measures for reasonable Processing of Personal Information of a similar nature to the conditions for lawful Processing contained in POPIA.
- The BKB Group shall, where reasonably practicable, obtain the Data Subject’s consent prior to transferring Personal Information across national borders.
VARIATION, UPDATING AND RECORD KEEPING OF PERSONAL INFORMATION
- The BKB Group stores Personal Information collected from Data Subjects either in hard copy or electronic format.
- Personal Information may be stored up to a period of 10 (ten) years, save in instances where longer storage thereof is required by Law or the Data Subject has an active account with the BKB Group or otherwise consented thereto.
- Certain financial and transactional information which contains Personal Information of Data Subjects is stored for a period of time specified by Law.
- Whilst the BKB Group takes measures to verify the Personal Information of Data Subjects, it is the shared responsibility of the Data Subject to bring any change in Personal Information or error in respect of Personal Information provided to the attention of the BKB Group. This can be done by contacting the relevant Personal Information Officer.
PERSONAL INFORMATION SECURITY
- Whereas the BKB Group processes Personal Information in both hard copy and electronic/digital formats, it is committed to have adequate security measures in place for the prevention of any compromise to Personal Information of Data Subjects under its control.
- Where Personal Information is Processed in hard copy format, the BKB Group, insofar as may be reasonably practicable, stores the Personal Information in secured office space or buildings with one, more or all of the following security features, including but not limited to:
- locked buildings/office spaces with other security features;
- locked filing cabinets;
- SABS Type Approved Safes.
- Where Personal Information is Processed in electronic format, the BKB Group obtains, uses, maintains and actively seeks to improve cyber security measures that protects the integrity of data containing Personal Information and prevents unauthorised access thereto, including the following:
- employment and contracting of information technology specialists;
- specialised software aimed at the prevention of hacking, viruses, other forms of malware and cyber threats;
- encryption of programs and data containing Personal Information.
- Whilst the BKB Group takes reasonable steps to ensure the security and integrity of Personal Information, the systems in place are not immune to being compromised. In the event of Personal Information being compromised, the BKB Group undertakes to notify the Data Subject and Information Regulator of such breach in accordance with POPIA.
- The Data Subject has the right to enquire whether the BKB Group holds any of his/her/its Personal Information and may access Personal Information held by the BKB Group.
- The Data Subject may exercise his/her/its right of access by following the procedure set out in Part V of the BKB Groups Promotion of Access to Information Manual which can be found at www.bkb.co.za.
- The BKB Group Protection of Personal Information Policy is applicable to all visitors and users of its website(s).
- In addition to the Personal Information Processed in clause 5 above, the BKB Group Processes certain technical information of visitors and users of its website(s) and/or their devices based on the Data Subject’s interactions with such website(s). This includes, but is not limited to internet protocol (IP) addresses, device information, time zone settings, location and browser information.
- By visiting and/or otherwise making use of the BKB Group’s website(s), you consent to the aforesaid technical and other Personal Information from interactions with its website(s) being Processed.
- Where the Data Subject has consented thereto, the BKB Group Processes Personal Information for the purposes of direct marketing.
- The Data Subject may refuse direct marketing, withdraw consent or opt out of receiving direct marketing communication by contacting the relevant Information Officer (via email or telephonically) listed in Schedule 2 hereto.
14.4 Direct marketing as it appears above only relates to electronic direct marketing.
COMPLAINTS AND DISPUTE RESOLUTION
- The BKB Group takes the interests of its clients and employees seriously and respects their data privacy. Should the Data Subject have any concerns, issues or complaints in respect of the Processing of Personal Information, the relevant Information Officer or the Information Regulator can be contacted.
- The contact details of the Information Officers are set out in Schedule 2.
- The contact details of the Information Regulator are as follows:
Physical Address: JD House
27 Stiemens Street
Postal Address: P.O Box 31533
E-mail (Complaints): complaints.IR@justice.gov.za
E-mail (General Enquiries): email@example.com
- This Protection of Personal Information Policy is effective immediately.
SCHEDULE 1: BUSINESS UNITS & SUBSIDIARIES
A - BKB LIMITED – INTERNAL BUSINESS UNITS
- Corporate Services
- Credit Control
- Finance and administration
- Human Resources
- Information, Technology and Communications
- Livestock and Auctioneering
- Property, Sales and Leasing
- Public Relations and Marketing
- Wool and Mohair
B - BKB LIMITED - SUBSIDIARY COMPANIES
- Pakhouse Brands (Pty) Ltd
- Grainco Group Holdings (Pty) Ltd
- Grainco (Pty) Ltd
- Gritco Properties (Pty) Ltd
- AlphaAlpha (Pty) Ltd
- Pakhouse Fruits Holdings (Pty) Ltd
- Desert Raisins (Pty) Ltd
- Atlanta Sugar (Pty)Ltd
- Atlanta Sugar SA (Pty) Ltd
- Atlanta Investments (Pty)Ltd
- Atlanta Products (Pty)Ltd
- Oceanic Swaziland (Pty)Ltd
- BKB Louwid (Pty) Ltd
- BKB Van Wyk (Pty) Ltd
- Hoeveld Veilingsentrum (Pty) Ltd
- Home & Hectare (Pty) Ltd
- BKB Wool & Mohair Exchange NPC
- BKB Shearing (Pty) Ltd
- Lihoai Consultancy (Pty) Ltd
- Shift (Pty) Ltd
- RFID Experts Africa (Pty) Ltd
- Anzomix (Pty) Ltd
- The House of Fibre (Pty)Ltd
- BKB Distribution Centre (Pty) Ltd
- BKB Fuels (Pty) Ltd
SCHEDULE 2: INFORMATION OFFICERS
The contact information of the Information Officers who should be contacted before contacting the Chief Information Officer are set out herein below:
The Chief Information Officer is:
Tel: 041 503 3060
BKB LIMITED – INTERNAL BUSINESS UNITS
|Agrifin / Credit Control
||Tel: 041 503 3341Email: firstname.lastname@example.org
||Tel: 041 503 3060Email: email@example.com
|Finance and Administration
||Jacques van Rooyen
||Tel: 041 503 3303Email: firstname.lastname@example.org
||Tel: 041 503 3026Email: email@example.com
|Information, Communication and Technology
||Tel: 041 503 3201Email: firstname.lastname@example.org
Livestock and Auctioneering
Property, Sales and Leasing
||Tel: 041 503 3320Email: email@example.com
|Public Relations and Marketing
||Jacobus Le Roux
||Tel: 041 503 3003Email: firstname.lastname@example.org
||Tel: 041 503 3335Email: email@example.com
|Wool and Mohair
||Tel: 041 503 3167Email: firstname.lastname@example.org
BKB LIMITED – SUBSIDIARY COMPANIES
Pakhouse Brands (Pty) LtdGrainco Group (Pty) Ltd
Grainco (Pty) Ltd
Gritco Properties (Pty) Ltd
AlphaAlfa (Pty) Ltd
Pakhouse Fruit Holdings (Pty) Ltd
Desert Raisins (Pty) Ltd
Atlanta Sugar (Pty) Ltd
Atlanta Sugar SA (Pty) Ltd
Atlanta Investments (Pty) Ltd
Atlanta Products (Pty) Ltd
Oceanic Swaziland (Pty) Ltd
Tel: 021 807 8933
BKB Louwid (Pty) LtdBKB Van Wyk (Pty) Ltd
Hoeveld Veilingsentrum (Pty) Ltd
Home & Hectare (Pty) Ltd
Tel: 041 503 3320
BKB Wool & Mohair Exchange NPCBKB Shearing (Pty) Ltd
Lihoai Consultancy (Pty) Ltd
Anzomix (Pty) Ltd
The House of Fibre (Pty) Ltd
Tel: 041 503 3167
Shift (Pty) Ltd
RFID Experts Africa (Pty) Ltd
||Tel: 041 503 3015Email: email@example.com
BKB Distribution Centre
BKB Fuels (Pty) Ltd
||Tel: 041 503 3335Email: firstname.lastname@example.org