CONSENT AND ACKNOWLEDGMENTS IN TERMS OF THE PROTECTION OF PERSONAL INFORMATION ACT NO 4 OF 2013 (POPI)

Introduction

The Protection of Personal Information (POPI) Act aims to give effect to the constitutional right to privacy by balancing the right to privacy against that of access to information. The POPI Act requires that personal information pertaining to individuals be processed lawfully and in a reasonable manner that does not infringe on the right to privacy. 

This consent form sets out how personal information will be processed by weFix (Pty) Ltd (hereafter referred to as “weFix”). The use of the words “the party” for the purposes of this document shall be a reference to any party dealing or communicating with weFix and/or concluding any agreement, whether of employment, of service provider or client, or in any other legal capacity, with the inclusion of each party referred to or included in terms of such exchange or agreement. 

Should you be a weFix employee, weFix may process personal information about you the data subject related to names and surnames, gender, marital status, nationality, health, pregnancy, disability, well-being or medical history, identity numbers, colour, race or ethnic group, email address, physical address, telephone number, private correspondence, education, employment history, and account numbers.   The purpose of processing such personal information about you is to communicate directly with you, to give effect to the contract of employment with you, to protect your legitimate interests through such performance and to comply with relevant statutory provisions.

Should you be a client purchasing products and/or services from weFix, weFix may process personal information about you the data subject related to names, surnames, nationality, email address, physical address, telephone numbers and account numbers. The purpose of processing such personal information about you is to communicate directly with you, also for marketing purposes, to carry out actions towards performance of the specific retail and services agreement concluded between yourself and weFix, to protect your legitimate interests through such performance and to comply with relevant statutory provisions. 

weFix will only collect personal information for the purposes as stated above.  As part of the processing of personal information about you, weFix will collect such information from you, through your status as employee, client, business relation, or otherwise.  It may also collect such information from statutory institutions such as the Companies and Intellectual Property Commission (CIPC), the South African Revenue Service (SARS) Information, from a relevant public or equivalent entity, from its own records related to previous services provided to you.  As part of the processing of personal information about you, weFix may also disclose such personal information to statutory institutions such as the CIPC, SARS, relevant public or equivalent entities on whose behalf weFix may act as intermediary, or other third parties agreed to in writing with you the data subject.

Consent and permission to process personal information

Through reading this statement you are explicitly requested to resolve whether you consent to weFix processing your personal information by responding to the consent request.  Should you not consent to weFix processing your personal information, the consent request allows for the data subject to opt out. Should you not respond, your consent for weFix to process your personal information is implied.  Should you choose to opt out from weFix processing your personal information, you understand that withholding consent or failure to disclose personal information will result in weFix being unable to perform its functions and/or any services or benefits you may require from weFix. You also indemnify and hold weFix harmless in respect of any claims against weFix by any other person on whose behalf you have consented should they claim that you were not so authorized. You furthermore understand that in terms of the POPI Act and other laws of the country, there are instances where your express consent is not necessary in order to permit the processing of personal information, which may be related to police investigations, litigation or when personal information is publicly available.  You will not hold weFix responsible for any improper or unauthorized use of personal information that is beyond its reasonable control. 

Your rights regarding the processing of personal information

You may withdraw consent to the processing of personal information at any time, and should you wish to do so, you must provide weFix with reasonable notice to this effect. Please note that withdrawal of consent is still subject to the terms and conditions of any contract that is in place between yourself and weFix. Should the withdrawal of consent result in the interference of legal obligations, then such withdrawal will only be effective if weFix agrees to same in writing. weFix specifically draws to the attention the fact that the withdrawal of consent may result in it being unable to provide the requested information and/or products and/or services and/or other benefits. Further, please note that the revocation of consent is not retroactive and will not affect disclosures of personal information that have already been made. In order to withdraw consent, please contact the weFix Information Officer at megan@wefix.co.za

Where personal information has changed in any respect, you are encouraged to notify weFix so that its records may be updated. weFix will largely rely on you to ensure that personal information is correct and accurate. 

Insofar it concerns direct marketing communications, you can ask us not to send you these at any time through following the unsubscribe instructions contained in the marketing communication, or by sending a clear message in this regard to the weFix Information Officer at megan@wefix.co.za

You have the right to access your personal information that weFix may have in its possession and you are entitled to request the identity of which third parties have received and/or processed personal information for the purpose agreed to. Please note however, that any request in this regard may be declined if: 

• the information comes under legal privilege in the course of litigation, 
• the disclosure of personal information in the form that it is processed may result in the disclosure of confidential information, 
• giving access may cause a third party to refuse to provide similar information to weFix, 
• the information as it is disclosed may result in the disclosure of another person’s information, 
• the information contains an opinion about another person and that person has not consented, or
• the disclosure is prohibited by law. 

Requesting access and lodging of complaints

Please submit any requests for access to your personal information in writing to the weFix Information Officer at megan@wefix.co.za  With any request for access to personal information, weFix will require you to provide personal information in order to verify identification and therefore the right to access the information. There may be a reasonable charge for providing copies of the information requested.

 

USE OF COOKIES AND SIMILAR TECHNOLOGIES

1. We and our third-party service providers use cookies and similar technologies to collect information about, and relevant to, your usage of the Site. Cookies are small text files that are stored on your computer when you visit the Site. It is standard practice to use cookies to make your experience better when using a website.
2. We use the following categories of cookies and similar technologies on this Site:
1. Strictly necessary cookies: These cookies are essential to enable you to move around the Site and use its features. Without these cookies, services you have asked for (such as remembering your login details or the items you placed in your basket) cannot be provided. 
2. Analytics cookies: These cookies collect information about how you use the Site, for instance which pages you go to most often, what searches you perform and if you get error messages from web pages. Information these cookies collect can be used to improve how the Site works.
3. Customization cookies: These cookies allow the Site to remember choices you make (such as your user name) and provide enhanced, more personal features. These cookies cannot track your browsing activity on other Sites.
4. Security cookies: These cookies form part of our security features, for example, by helping us detect malicious activity or violations of our terms of use.
5. Social media cookies: These cookies allow you to share your activity on the Site on social media such as Facebook and Twitter. These cookies are not within our control. Please refer to the privacy policies of the social networks in question for information regarding how their cookies work.
6. Targeting or advertising cookies: These cookies record your visit to the Site, the pages you have visited and the links you have followed. We use this information to make our Site and the advertising displayed on it more relevant to your interests. [We may also share this information with third parties for this purpose.
3. When you visit the Site for the first time (and periodically after that), we will request your consent to the setting of all cookies other than strictly necessary cookies.
4. You can delete existing cookies and disable some or all types of cookies in future if you wish. To disable some or all types of cookies, you will have to change the settings on your browser. If you change your mind, you can enable cookies again at any time. Disabling cookies on your browser may stop the Site from working properly.
5. To find out more about cookies please visit www.allaboutcookies.org.