All capitalised terms shall have the meaning as prescribed in terms of section 1 of the Protection of Personal Information Act, 2014 (Act No. 4 of 2013) or as defined in the YEP Terms, if applicable.
The term “Data Subject(s)” refers to Customers, member of YEP’s Platform and/or visitors to YEP’s Portal, website, blogs, social media (collectively “Platforms”).
The “Electronic Communications” means any email, telephone utilised to Process the Personal Information.
Introduction
YEP is committed to protecting Customer’s privacy and recognises that it needs to comply with statutory requirements in collecting, Processing and Further Processing of Personal Information. The Constitution of the Republic of South Africa provides that everyone has the right to privacy and the Protection of Personal Information Act 4 of 2013 (“POPIA”) includes the right to protection against unlawful collection, retention, dissemination and use of Personal Information. In terms of section 18 of POPIA, if Personal Information is collected, YEP, as Responsible Party, must take reasonably practical steps to ensure that the Data Subject is made aware of the information being collected.
In order to carry out its obligations to you as set out in the Order Forms and to meet its commercial search solutions as well as digital services to the local SME and corporate market marketer, YEP does and will, on an ongoing basis receive, provide and Process Personal Information.
In order to give effect to this right, YEP is under a duty to provide any person whose Personal Information is Processed by it, (the “Data Subject”) with a number of details pertaining to the use of and further Processing of the Data Subject’s Personal Information, before such Personal Information may be used or Processed by YEP.
In accordance with this requirement and Privacy Policy, YEP sets out below:
the reasons why it will have to Process a Data Subject’s Personal Information,
the conditions under which it will receive and use a Data Subjects Personal Information,
how YEP will use and handle this Personal Information, as well as the conditions under which it will provide its own Personal Information.
Application
The Privacy Policy of YEP, is applicable to:
all Platforms and facilities, including social media, websites Electronic Communications, whether owned by, established by, used by, hosted by and / or accessed by YEP; and
all and any Data Subject(s), who may access and make use of the aforementioned platforms including, without detracting from the generality thereof, YEP’s employees and staff, consumers and customers, vendors, contractors, service providers and / or other third parties (the “YEP Personnel”).
all the Personal Information which is owned by YEP and which is provided to any Responsible Parties and/or Operators as a result of such person accessing or making use of the Platforms and Electronic Communications.
Accountability
YEP takes the privacy and protection of a Data Subject’s Personal Information very seriously and will only Process a Data Subject’s Personal Information in accordance with POPIA, this Consent and the terms of the Privacy Policy.
In turn where YEP provides any of its Personal Information to a Responsible Party or Operator, then such person will be required as a condition of receiving such information, to Process such Personal Information in accordance with POPIA, this Consent and the Privacy Policy.
Accordingly, the relevant data privacy conditions relating to the Processing of Personal Information, whether that belonging to YEP or that belonging to a Data Subject (including, but not limited to, the collection, handling, transfer, sharing, correction, storage, archiving and deletion) will apply without exception, save where POPIA provides for such an exception, to all and any Personal Information provided by YEP to another or received by YEP as a result of the use of the Platforms and Electronic Communications.
Receipt, Use And Processing Of Personal Information By Yep
Receipt:
YEP will receive Personal Information pertaining to a Data Subject when the Data Subject makes a contact to YEP via Platforms and Electronic Communications.
Purpose:
Upon receipt of the request or query, YEP will amongst others and without limiting the Privacy Policy, thereafter use and Process the Data Subject’s Personal Information for the purpose of the query and for a variety of related purposes, which will all depend on the query or request, and which without detracting from the generality thereof may include:
Identifying and/or verifying Data Subject’s details;
Subscription to Portal;
Subscription to Products and/or Services;
Employment purposes;
Administrative purposes;
Legal and contractual purposes;
Help improve quality of YEP’s Products and/or Services;
Help improve security of YEP’s Platforms and Electronic Communications and network infrastructure;
Debt collection;
Research, analytical and statistical purposes;
Carrying out analysis, and consumer or customer profiling;
Providing information on third party products and/or services.
Use:
Upon successful registration into our Portal and/or Signed Order Form for subscription to our Product and/or Services and to correctly handle any request or query, and in order to perform the purposes described above, YEP may from time to time share a Data Subject’s Personal Information with the following parties:
YEP Personnel, which will only be done on a need to know basis;
YEP’s suppliers, which will only be done on a need to know basis;
YEP’s carefully selected business partners who provide products and services which may be of benefit to a Data Subject which will only be done on a need to know basis; and
YEP’s service provider and agents who perform services on behalf of the YEP which will only be done on a need to know basis and in terms of a YEP’s Operator Agreement (Data Processing Agreement).
Legal Requirement:
YEP does not share a Data Subject’s Personal Information with any third party(ies) who have not been described above, unless:
YEP is legally obliged to provide such information to another for legal or regulatory purposes;
YEP is required to do so for purposes of existing or future legal proceedings;
the onward transmission or sharing of Personal Information is necessary for the pursuance or protection of YEP’s legitimate interests or that of the Data Subject or a third party;
YEP is involved in the prevention of fraud, loss, bribery or corruption and are using another agent or service provider under a mandate to provide such service, and the agent or service provider needs to Process the Data Subject’s Personal Information for the purpose of investigating and or preventing any act of fraud, loss, bribery or corruption, and under all of the abovementioned circumstances, YEP will take reasonable measures to ensure that such Personal Information is only provided to the recipient, if such recipient undertakes to keep the Personal Information confidential and secure.
Cross Border:
Where necessary, YEP has to transfer the Data Subject’s Personal Information across the South African borders, it will before it does so, ensure that:
such information is shared with Operators who subscribe to similar data protection laws;
where the Operator does not subscribe to similar data protection laws, the Operator thereof agrees to be bound by POPIA under and in terms of a set of binding corporate rules or binding agreements that provide an adequate level of protection and uphold the principles for the reasonable and lawful Processing of such Personal Information.
Use And Sharing For Yep’S Personal Information
YEP (without limiting the provision of the Privacy Policy), on receipt and in response to a query or request received from a Data Subject, referred to under section 5.2 above, may transmit via the Platforms, or by way of Electronic Communication, its own Personal Information, which Personal Information on receipt by the requesting or receiving party, may only be used for the purpose relating to the initiating of the request or query and for no other purpose. Furthermore, the recipient undertakes that it will not use this Personal Information for any other purpose or share this information with any other party, save where it has been given express permission to do so by YEP.
Information Quality, Openess And Access By Data Subjects
Whilst YEP will make all effort to ensure the integrity and accuracy of a Data Subject’s Personal Information, this may not at all times be possible. Following this, the Data Subject accepts the responsibility for keeping his/her or its Personal Information up to date and undertakes to inform YEP of any changes to his / her and its Personal Information.
A Data Subject has a right of access to any Personal Information which YEP may have and where applicable may ask YEP to correct any inaccuracies in or to any such Personal Information or to amend same directly via the Portal. Depending on the type of Personal Information the Data Subject wishes to access, such access may be restricted and only allowed if the request is done formally to YEP via PAIA Process, which is accessible at http://yepdigital.co.za/legal.
The Data Subject is entitled to object to the use of information. However, such objection may lead to the Data Subject being terminated as the information is required for valid reasons.
The Data Subject is subject to the provision of the Privacy Policy, entitled to ‘opt out’ of receiving any future marketing information and/or communication from YEP or ‘unsubscribe’ by following instructions contained in the Electronic Communication.
Complaints
All complaints regarding the use of Personal Information may be directed to the Information Regulator at, http://www.justice.gov.za/inforeg/.
Privacy Policy
This Consent is subject to YEP’s Privacy Policy available at http://yepdigital.co.za/legal and incorporated herein by reference.
Consent
The Data Subject by Signing this Consent to Use Personal Information, hereby consents to the use of his/her Personal Information contained herein and confirms that:
the information is supplied voluntarily, without undue influence from any party and not under any duress;
the information which is supplied herewith is mandatory for the purposes of this Consent and that without such information, YEP will not enter into Agreement with Data Subject nor allow membership to Portal;
The Data Subject acknowledges that he/she is aware thereof that he/she has the following rights (subject to Privacy Policy), with regard to such Personal information which is hereby collected. The right to:
access the information at any reasonable time for purposes of rectification thereof;
object to the Processing of the Personal Information in which case this agreement will terminate in accordance with the provisions contained herein;
lodge a complaint to the Information Regulator.
Agreement To Be Bound And Consent To Process
By accessing or using the Platforms and Electronic Communications and URL’s, any sites housed under its domain names and / or social media the Data Subject:
acknowledges that it has read and understood this Consent and Privacy Policy including related provisions thereto;
agrees to be bound by this Consent and Privacy Policy;
agrees to comply with this Consent and Privacy Policy; and
gives YEP consent to Process and further Process the required Personal Information for the required purpose, in accordance with this Consent, Privacy Policy and YEP Terms.