GRAINS FOR AFRICA PROPRIETARY LIMITED (“GFA”)

COMPLIANCE MANUAL FOR THE IMPLEMENTATION OF THE PROTECTION OF PERSONAL INFORMATION ACT OF 2013

TABLE OF CONTENTS

1. Introduction 

2. Our Undertakings To Our Customers 

3. Our Customer’s Rights 

4. Security Safeguards 

5. Security Breaches 

6. Customers Requesting Records 

7. The Correction Of Personal Information 

8. Special Personal Information 

9. The Processing Of Personal Information Of Children 

10. Information Officer 

11. Circumstances Requiring Prior Authorisation 

12. Direct Marketing 

13. Transborder Information Flows 

14. Popi Complaints Procedure 

15. Offences And Penalties 

16. Schedule Of Annexures And Forms 

1. INTRODUCTION

The Protection of Personal Information Act (POPI) is intended to balance two competing interests. These are:
1.1. Our individual constitutional rights to privacy (which requires our personal information to be protected); and

1.2. The needs of our society to have access to and to process (work with) our personal information for legitimate purposes, including the purpose of doing business.
This Compliance Manual sets out the framework for our company’s compliance with POPI.
Where reference is made to the “processing” of personal information, this will include any activity in which the information is worked with, from the time that the information is collected, up to the time that the information is destroyed, regardless of whether the information is worked with manually, or by automated systems.
POPI aims to promote the protection of privacy through providing guiding principles that are intended to be applied to the processing of personal information in a context-sensitive manner.
Through the provision of quality goods and services, GFA is necessarily involved in the collection, use and disclosure of certain aspects of the personal information of customers, employees and other stakeholders.
A person’s right to privacy entails having control over his or her personal information and being able to conduct his or her affairs relatively free from unwanted intrusions.
Given the importance of privacy, GFA is committed to effectively managing personal information in accordance with POPI’s provisions.
2. OUR UNDERTAKINGS TO OUR CUSTOMERS
2.1. We undertake to follow POPI at all relevant times and to process personal information lawfully and reasonably, so as not to infringe unnecessarily on the privacy of our customers.
2.2. We undertake to process information only for the purpose for which it is intended, to enable us to sell our products, as agreed with our customers.
2.3. Whenever necessary, we shall obtain consent to process personal information of our customers.
2.4. Where we do not seek consent, the processing of our customers’ personal information will be following a legal obligation placed upon us, or to protect a legitimate interest that requires protection.
2.5. We shall stop processing personal information if the required consent is withdrawn, or if a legitimate objection is raised.
2.6. We shall collect personal information directly from the customer whose information we require, unless:
2.6.1. the information is of public record, or
2.6.2. the customer has consented to the collection of their personal information from another source, or
2.6.3. the collection of the information from another source does not prejudice the customer, or
2.6.4. the information to be collected is necessary for the maintenance of law and order or national security, or
2.6.5. the information is being collected to comply with a legal obligation, including an obligation to the South African Revenue Services (“SARS”), or
2.6.6. the information collected is required for the conduct of proceedings in any court or tribunal, where these proceedings have commenced or are reasonably contemplated; or
2.6.7. the information is required to maintain our legitimate interests; or
2.6.8. where requesting consent would prejudice the purpose of the collection of the information; or
2.6.9. where requesting consent is not reasonably practical in the circumstances.
2.7. We shall advise our customers of the purpose of the collection of the personal information.
2.8. We shall retain records of the personal information we have collected for the minimum period as required by law unless the customer has furnished their consent or instructed us to retain the records for a longer period.
2.9. We shall destroy or delete records of the personal information (so as to de-identify the customer) as soon as reasonably possible after the time period for which we were entitled to hold the records have expired.
2.10. We shall restrict the processing of personal information:
2.10.1. where the accuracy of the information is contested, for a period sufficient to enable us to verify the accuracy of the information;
2.10.2. where the purpose for which the personal information was collected has been achieved and where the personal information is being retained only for the purposes of proof;
2.10.3. where the customer requests that the personal information is not destroyed or deleted, but rather retained; or
2.10.4. where the customer requests that the personal information be transmitted to another automated data processing system.
2.11. The further processing of personal information shall only be undertaken:
2.11.1. if the requirements of paragraphs 2.3; 2.6.1; 2.6.4; 2.6.5 or 2.6.6 above have been met;
2.11.2. where the further processing is necessary because of a threat to public health or public safety or to the life or health of the customer, or a third person;
2.11.3. where the information is used for historical, statistical or research purposes and the identity of the customer will not be disclosed; or
2.11.4. where this is required by the Information Regulator appointed in terms of POPI.
2.12. We undertake to ensure that the personal information which we collect and process is complete, accurate, not misleading and up-to-date.
2.13. We undertake to retain the physical file and the electronic data (where necessary) related to the processing of the personal information.
2.14. We undertake to take special care with our customers’ bank account details, and we are not entitled to obtain or disclose or procure the disclosure of such banking details unless we have the customer’s specific consent.

3. OUR CUSTOMER’S RIGHTS
3.1. In cases where the customer’s consent is required to process their personal information, this consent may be withdrawn.
3.2. In cases where we process personal information without consent to protect a legitimate interest, to comply with the law or to pursue or protect our legitimate interests, the customer has the right to object to such processing.
3.3. All customers are entitled to lodge a complaint regarding our application of POPI with the Information Regulator.
3.4. The prescribed forms for the exercise of these rights are provided in the schedule to this Compliance Manual.
4. SECURITY SAFEGUARDS
4.1. In order to secure the integrity and confidentiality of the personal information in our possession, and to protect it against loss or damage or unauthorised access, we must continue to implement the following security safeguards:
4.1.1. Our business premises where records are kept must remain protected by access control, burglar alarms and armed response.
4.1.2. All the user terminals on our internal computer network and our servers must be protected by passwords which must be changed on a regular basis.
4.1.3. Our email infrastructure (currently running on Outlook 365) must comply with industry standard security safeguards.
4.1.4. Vulnerability assessments must be carried out on our digital infrastructure on an annual basis to identify weaknesses in our systems and to ensure we have adequate security in place.
4.1.5. Archived files must be stored behind locked doors and access control to these storage facilities must be implemented.
4.1.6. Our employees must be trained to carry out their duties in compliance with POPI, and this training must be ongoing.
4.1.7. It must be a term of the contract with every employee that they must maintain full confidentiality in respect of all of our customers’ affairs, including our customers’ personal information.
4.1.8. Employment contracts for employees whose duty it is to process a customer’s personal information, must include an obligation on the staff member (1) to maintain the Company’s security measures, and (2) to notify their manager/supervisor immediately if there are reasonable grounds to believe that the personal information of a customer has been accessed or acquired by any unauthorised person.
4.1.9. The processing of the personal information of our employees must take place in accordance with the rules contained in the relevant labour legislation.
4.1.10. The digital work profiles and privileges of employees who have left our employ must be properly terminated.
4.1.11. The personal information of customers and staff must be destroyed timeously in a manner that de-identifies the person.
4.2. These security safeguards must be verified on a regular basis to ensure effective implementation, and these safeguards must be continually updated in response to new risks or deficiencies.

5. SECURITY BREACHES
5.1. Should it appear that the personal information of a customer has been accessed or acquired by an unauthorised person, we must notify the Information Regulator and the relevant customer/s, unless we are no longer able to identify the customer/s. This notification must take place as soon as reasonably possible.
5.2. Such notification must be given to the Information Regulator first as it is possible that they, or another public body, might require the notification to the customer/s be delayed.
5.3. The notification to the customer must be communicated in writing in one of the following ways, with a view to ensuring that the notification reaches the customer:
5.3.1. by hand delivery or registered post to the customer’s last known physical or postal address;
5.3.2. by email to the customer’s last known email address;
5.3.3. by publication on our website or in the news media; or
5.3.4. as directed by the Information Regulator.
5.4. This notification to the customer must give sufficient information to enable the customer to protect themselves against the potential consequences of the security breach, and must include:
5.4.1. a description of the possible consequences of the breach;
5.4.2. details of the measures that we intend to take or have taken to address the breach;
5.4.3. the recommendation of what the customer could do to mitigate the adverse effects of the breach; and
5.4.4. if known, the identity of the person who may have accessed, or acquired the personal information.

6. CUSTOMERS REQUESTING RECORDS
6.1. On production of proof of identity, any person is entitled to request that we confirm, free of charge, whether or not we hold any personal information about that person in our records.
6.2. If we hold such personal information, on request, and upon payment of a fee of R750.00 (seven hundred and fifty rand) plus Value-Added Tax (“VAT”), we shall provide the person with the record, or a description of the personal information, including information about the identity of all third parties or categories of third parties who have or have had access to the information. We shall do this within a reasonable period of time, in a reasonable manner and in an understandable form.
6.3. A customer requesting such personal information must be advised of their right to request to have any errors in the personal information corrected, which request shall be made on the prescribed application form.
6.4. In certain circumstances, we will be obliged to refuse to disclose the record containing the personal information to the customer. In other circumstances, we will have discretion as to whether or not to do so.
6.5. In all cases where the disclosure of a record will entail the disclosure of information that is additional to the personal information of the person requesting the record, the written consent of the Information Officer (or his delegate) will be required and that person shall make their decision having regard to the provisions of Chapter 4 of Part 3 of the Promotion of Access to Information Act.
6.6. If a request for personal information is made and part of the requested information may, or must be refused, every other part must still be disclosed.

7. THE CORRECTION OF PERSONAL INFORMATION
7.1. A customer is entitled to require us to correct or delete personal information that we have, which is inaccurate, irrelevant, excessive, out of date, incomplete, misleading, or which has been obtained unlawfully.
7.2. A customer is also entitled to require us to destroy or delete records of personal information about the customer that we are no longer authorised to retain.
7.3. Any such request must be made on the prescribed form.
7.4. Upon receipt of such a lawful request, we must comply as soon as reasonably practicable.
7.5. In the event that a dispute arises regarding the customer’s rights to have information corrected, and in the event that the customer so requires, we must attach to the information, in a way that it will always be read with the information, an indication that the correction of the information has been requested but has not been made.
7.6. We must notify the customer who has made a request for their personal information to be corrected or deleted what action we have taken as a result of such a request.

8. SPECIAL PERSONAL INFORMATION
8.1. Special rules apply to the collection and use of information relating to a person’s religious or philosophical beliefs, their race or ethnic origin, their trade union membership, their political persuasion, their health or sex life, their biometric information, or their criminal behaviour (“Special Personal Information”).
8.2. We shall not process any of this Special Personal Information without the customer’s consent, or where this is necessary for the establishment, exercise or defence of a right or an obligation in law.
8.3. Having regard to the nature of our business, it is unlikely that we will ever have to process Special Personal Information, but should it be necessary the guidance of the Information Officer, or his delegate, must be sought.

9. THE PROCESSING OF PERSONAL INFORMATION OF CHILDREN
We may only process the personal information of a child if we have the consent of the child’s parent or legal guardian.

10. INFORMATION OFFICER
10.1. Our Information Officer is designated to be our Director. Our Director may however delegate his authority to a senior staff member, who is part of our management team. Our Information Officer’s duties and responsibilities include:
10.1.1. Ensuring compliance with POPI.
10.1.2. Dealing with requests which we receive in terms of POPI.
10.1.3. Working with the Information Regulator in relation to investigations.
10.2. Our Information Officer must designate in writing as many Deputy Information Officers as are necessary to perform the tasks mentioned in paragraph 9 above.
10.3. Our Information Officer and our Deputy Information Officers must register themselves with the Information Regulator prior to taking up their duties.
10.4. In carrying out his duties, our Information Officer must ensure that:
10.4.1. our Compliance Manual is developed, implemented, monitored and maintained;
10.4.2. a personal information impact assessment is done to ensure that adequate measures and standards exist in order to comply with the conditions for the lawful processing of personal information;
10.4.3. that this Compliance Manual is developed, monitored, maintained and made available;
10.4.4. that internal measures are developed together with adequate systems to process requests for information or access to information;
10.4.5. that internal awareness sessions are conducted regarding the provisions of POPI, the Regulations, codes of conduct or information obtained from the Information Regulator; and
10.4.6. that copies of this Compliance Manual are provided to persons at their request, upon payment of a fee to be determined by the Information Regulator.
10.5. Information Offer
Name: Mr Joel Amoils
Physical Address: 3 17th Street
Orange Grove
Johannesburg
2192
Email: joel@grains.co.za
Telephone number: 011 485 2575
11. CIRCUMSTANCES REQUIRING PRIOR AUTHORISATION
11.1. In the following circumstances, we will require prior authorisation from the Information Regulator before processing any personal information:
11.1.1. In the event that we intend to utilise any unique identifiers of customers (account numbers, file numbers or other numbers or codes allocated to customers for the purposes of identifying them in our business) for any purpose other than the original intention, or to link the information with information held by others;
11.1.2. if we are processing information on criminal behaviour or unlawful or objectionable conduct;
11.1.3. if we are processing information for the purposes of credit reporting;
11.1.4. if we are transferring special personal information or the personal information of children to a third party in a foreign country, that does not provide adequate protection of that personal information.
11.2. The Information Regulator must be notified of our intention to process any personal information as set out in paragraph 11 above prior to any processing taking place and we may not commence with such processing until the Information Regulator has made a decision in our favour. The Information Regulator has 4 (four) weeks to make a decision but may decide that a more detailed investigation is required. In this event the decision must be made in a period as indicated by the Information Regulator, which must not exceed 13 (thirteen) weeks. If the Information Regulator does not make a decision within the stipulated time periods, we can assume that the decision is in our favour and commence processing the information.

12. DIRECT MARKETING
12.1. We may only carry out direct marketing (using any form of electronic communication) to customers if:
12.1.1. they were given an opportunity to object to receiving direct marketing material by electronic communication at the time that their personal information was collected; and
12.1.2. they did not object then or at any time after receiving any such direct marketing communications from us.
12.2. We may only approach customers using their personal information, if we have obtained their personal information in the context of providing our products to them, and we may then only market our products to them.
12.3. We may only carry out direct marketing (using any form of electronic communication) to other people if we have received their consent to do so.
12.4. We may approach a person to ask for their consent to receive direct marketing material only once, and we may not do so if they have previously refused their consent.
12.5. A request for consent to receive direct marketing must be made in the prescribed manner and form. The prescribed form of this request and consent is an annexure to this Compliance Manual.
12.6. All direct marketing communications must disclose our identity and contain an address or other contact details to which the customer may send a request that the communications cease.

13. TRANSBORDER INFORMATION FLOWS
13.1. We may not transfer a customer’s personal information to a third party in a foreign country, unless:
13.1.1. the customer consents to this, or requests it; or
13.1.2. such third party is subject to a law, binding corporate rules or a binding agreement which protects the personal information in a manner similar to POPI, and such third party is governed by similar rules which prohibit the onward transfer of the personal information to a third party in another country; or
13.1.3. the transfer of the personal information is required for the performance of the contract between ourselves and the customer; or
13.1.4. the transfer is necessary for the conclusion or performance of a contract for the benefit of the customer entered into between ourselves and the third party; or
13.1.5. the transfer of the personal information is for the benefit of the customer and it is not reasonably possible to obtain their consent and that if it were possible the customer would be likely to give such consent.

14. POPI COMPLAINTS PROCEDURE
14.1. Data subjects have the right to complain in instances where any of their rights under POPI have been infringed upon. We take all complaints very seriously and will address all POPI related complaints in accordance with the following procedure:
14.1.1. POPI complaints must be submitted to the organisation in writing;
14.1.2. The Information Officer will provide the complainant with a written acknowledgement of receipt of the complaint within 30 (thirty) business days;
14.1.3. The Information Officer will carefully consider the complaint and address the complainant’s concerns in an amicable manner. In considering the complaint, the Information Officer will endeavour to resolve the complaint in a fair manner and in accordance with the principles outlined in the POPI;
14.1.4. The Information Officer must also determine whether the complaint relates to an error or breach of confidentiality that has occurred and which may have a wider impact on the organisation’s data subjects;
14.1.5. Where the Information Officer has reason to believe that the personal information of data subjects has been accessed or acquired by an unauthorised person, the Information Officer will consult with the organisation’s governing body where after the affected data subjects and the Information Regulator will be informed of this breach;
14.1.6. Where the data subject is not satisfied with the Information Officer’s suggested remedies, the data subject has the right to lodge a complaint with the Information Regulator:
The Information Regulator
JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001
P.O Box 31533, Braamfontein, Johannesburg, 2017
Complaints: complaints.IR@justice.gov.za
General enquiries: inforeg@justice.gov.za
14.1.7. The Information Officer will review the complaints process to assess the effectiveness of the procedure on a periodic basis and to improve the procedure where it is found wanting. The reason for any complaints will also be reviewed to ensure the avoidance of occurrences giving rise to POPI related complaints.

15. OFFENCES AND PENALTIES
15.1. POPI provides for serious penalties for the contravention of its terms. For minor offences, a guilty party can receive a fine or be imprisoned for up to 12 (twelve) months. For serious offences, the period of imprisonment rises to a maximum of 10 (ten) years. Administrative fines for the Company can reach a maximum of R10 million (ten million rand). Breaches of this Compliance Manual will also be viewed as a serious disciplinary offence.
15.2. It is therefore imperative that we comply strictly with the terms of this Compliance Manual and protect our customer’s personal information in the same way as if it was our own.

16. SCHEDULE OF ANNEXURES AND FORMS
16.1. Customer’s consent to process personal information.
16.2. Objection to the processing of personal information (Form 1 of the Regulations).
16.3. Request for correction or deletion or personal information (Form 2 of the Regulations).
16.4. Application for consent to direct marketing (Form 4 of the Regulations).