1) For purposes of this Statement:
- "Affiliate(s)" means any legal entity which, directly or indirectly, controls, is controlled by NGK, or is under common controlled with NGK. For the purpose of this definition, control is defined as direct or indirect ownership of fifty percent (50%) or more of the voting interest or economic interest in the controlled entity or such other relationship whereby the controlling entity determines or has the right to determine the majority of the Board of Directors or an equivalent governing body of the controlled entity.
- "Applicable Laws" means all laws, regulations that NGK is required to comply with;
- "NGK " or "we" or "us" means NGK Ceramics South Africa (Pty) Ltd; and
- "User" or "You" means any prospective, new or existing client, business partners of NGK, and/or any user of the NGK website.
2) This Statement sets out how your personal information will be used by NGK and applies to any information, including personal and special personal information, you give to NGK or which NGK may collect from third parties.
3) It is important that you read this Statement carefully before submitting any personal information to NGK.
4) By submitting any personal information to NGK, you provide consent to the processing of your personal and special purpose information as set out in this Statement.
5) The provisions of this Statement are subject to mandatory, unalterable provisions of Applicable Laws.
6) Please do not submit any personal information to NGK if you do not agree to any of the provisions of this Statement. If you do not consent to the provisions of this Statement, or parts of the Statement, NGK may not be able to provide its products and services to you.
2. How to contact us
If you have any comments or questions about this Statement please contact the Information Officer, Contact number 021 380 8100.
3. Amendment of this Statement
1) We may amend this Statement from time to time for any of the following reasons:
- to provide for the introduction of new systems, methods of operation, services, products, property offerings or facilities;
- to comply with changes to any legal or regulatory requirement;
- to ensure that our Statement is clearer and more favourable to you;
- to rectify any mistake that may be discovered from time to time; and/or
- For any other reason which NGK, in its sole discretion, may deem reasonable or necessary.
2) Any such amendment will come into effect and become part of any agreement you have with NGK when notice is given to you of the change by publication on our website. It is your responsibility to check the website often.
4. Privacy and indemnity
1) NGK takes your privacy and the protection of your personal information very seriously, and we will only use your personal information in accordance with this Statement and applicable data protection legislation. It is important that you take all necessary and appropriate steps to protect your personal information yourself (for example, by ensuring that all passwords and access codes are kept secure).
2) We have implemented reasonable technical and operational measures to keep your personal information secure.
3) You hereby indemnify and hold NGK harmless from any loss, damages or injury that you may incur as a result of any unintentional disclosures of your personal information to unauthorised persons or the provision of incorrect or incomplete personal information to NGK.
5. Information which we may collect about you
1) We may collect the following information about you:
- this information may include your name, address, contact details, date of birth, place of birth, identity number, passport number, bank details, details about your employment, tax number and financial information;
- records of correspondence or enquiries from you or anyone acting on your behalf;
- details of transactions you carry out with us;
- details of contracts, sales or leases you carry out with us;
- sensitive or special categories of personal information.
2) 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.
6. How we collect information
1) You may provide personal information to us either directly or indirectly (through an agent acting on your behalf, or an introducer), by completing an application form for our products and services or requesting further information about our products and services, whether in writing, through our website, over the telephone or any other means.
2) We may also collect your personal information from your appointed agent, any regulator, or other third party that may hold such information.
7. How we use special personal information
1) We may collect, store, and use the following categories of personal information about you:
- CCTV footage and other information obtained through electronic means such as swipe card records.
- CCTV monitoring may be used in public areas by NGK to deter crime and to assist in protecting employees and property.
- Information obtained via CCTV monitoring will be used exclusively for security and law enforcement purposes. Information obtained by CCTV monitoring will only be released when so authorised by the .Information Officer.
- CCTV monitoring of public areas for security purposes will be conducted in a manner consistent with existing NGK policies and practices and will be limited to uses that do not violate the reasonable expectation of privacy of data subjects.
2) "Special categories" of particularly sensitive personal information, such as information about your health, racial or ethnic origin, sexual orientation or trade union membership, require higher levels of protection. We need to have further justification for collecting, storing and using this type of personal information. We may process special categories of personal information in the following circumstances:
- In limited circumstances, with your explicit written consent.
- Where we need to carry out our legal obligations or exercise rights in connection with employment.
- Where it is needed for the establishment, exercise, or defence of a right or obligation under law.
3) Less commonly, we may process this type of information where you have already made the information public.
4) Situations in which we will use your special personal information
8. Legal Basis
1) We only process your personal information where:
- you or a competent person where the data subject is a child consents to the processing;
- processing is necessary to carry out actions for the conclusion or performance of a contract to which you are party;
- processing complies with an obligation imposed by law on us;
- processing protects your legitimate interest;
- processing is necessary for the proper performance of a public law duty by a public body
- processing is necessary for pursuing the legitimate interests of us or of a third party to whom the information is supplied.
9. Use of information collected
1) We may use, transfer and disclose your personal information for the purposes of:
- providing you with the services, products or offerings you have requested, and notifying you about important changes to these services, products or offerings;
- managing your account or relationship and complying with your instructions or requests;
- detecting and preventing fraud and money laundering and/or in the interest of security and crime prevention;
- assessing and dealing with complaints and requests;
- operational, marketing, auditing, legal and record keeping requirements;
- verifying your identity or the identify of your beneficial owner;
- transferring or processing your personal information outside of the Republic of South Africa to such countries that may not offer the same level of data protection as the Republic of South Africa, including for cloud storage purposes and the use of any of our websites;
- complying with Applicable Laws, including lawful requests for information received from local or foreign law enforcement, government and tax collection agencies;
- recording and/or monitoring your telephone calls and electronic communications to/with NGK in order to accurately carry out your instructions and requests, to use as evidence and in the interests of crime prevention;
- disclosing your personal information to third parties for reasons set out in this Statement;
- monitoring, keeping record of and having access to all forms of correspondence or communications received by or sent from NGK or any of its employees, agents or contractors, including monitoring, recording and using as evidence all telephone communications between you and NGK;
- improving or evaluating the effectiveness of NGK’ business or products, services or offerings; and
- prevention and control of any disease.
10. Disclosure of your information
1) Your personal information may be shared with NGK’ Affiliates, our agents and sub-contractors, and selected third parties who process the information on our behalf.
2) We may also disclose your personal information:
- to any other of NGK’ Affiliates, business partners or other third parties
- to assess and monitor any of your applications for NGK’ products or services;
- to have a better understanding of your circumstances and to provide and improve NGK’ products and services;
- for the purpose of prevention, detection and reporting of fraud and criminal activities, the identification of the proceeds of unlawful activities and the combatting of crime;
- to any regulator or supervisory authority, including those in foreign jurisdictions, if NGK is required to do so in terms of Applicable Laws;
- to a prospective buyer or seller of any of our businesses or assets;
- to any person if we are under a duty to disclose or share your personal information in order to comply with any Applicable Laws, or to protect the rights, property or safety of NGK, other clients or other third parties; and/or
- to your agent or any other person acting on your behalf, an or an introducer.
3) We may transfer your personal information to NGK’ Affiliates, an agent, sub-contractor or third party who carries on business in another country, including one which may not have data privacy laws similar to those of the Republic. If this happens, we will ensure that anyone to whom we pass your information agrees to treat your information with the same level of protection as if we were dealing with it.
4) If you do not wish us to disclose this information to third parties, please contact us at the contact details set out above. We may, however, not be able to provide products or services to you if such disclosure is necessary.
11. Retention of your information
1) We may retain your personal information indefinitely, unless you object, in which case we will only retain it if we are permitted or required to do so in terms of Applicable Laws. However, as a general rule, we will retain your information in accordance with retention periods set out in Applicable Laws, unless we need to retain it for longer for a lawful purpose.
2) We maintain physical, technical and administrative safeguards and restrict access to your personal information to employees who need to have access to that information in order to provide benefits or services to you. We also educate employees about the importance of confidentiality and maintaining the privacy and security of personal information.
12. Your privacy rights
We respect your ability to know, access, correct, transfer, restrict the processing of, and delete your personal information. You may exercise your data protection rights below. Provided that there may be situations where we cannot grant your request, for example, if you ask us to delete your information and NGK is legally obligated to keep a record of it to comply with applicable law.
1) You may request us to inform of personal information which we hold about you under the Promotion of Access to Information Act, 2000 (“PAIA”). Fees to obtain a copy or a description of personal information held about you are prescribed in terms of PAIA. Confirmation of whether or not we hold personal information about you may be requested free of charge. If you would like to obtain a copy of your personal information held by NGK, please review our PAIA Manual located on our website i.e. http://www.ngkceramics.co.za/.
2) You may request the correction of personal information NGK 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, NGK may limit the products and services offered to you or elect not to open the account.
3) You have a right in certain circumstances to request the destruction or deletion of and, where applicable, to obtain restriction on the processing of personal information held about you. If you wish to exercise this right, please contact us using the contact details set out above.
4) You have a right to object on reasonable grounds to the processing of your personal information where the processing is carried out in order to protect our legitimate interests or your legitimate interests, unless the law provides for such processing.
1) Should you believe that NGK has utilised your personal information contrary to Applicable Laws, you undertake to first attempt to resolve any concerns with NGK.
2) If you are not satisfied with such process, you may have the right to lodge a complaint with the Information Regulator, using the contact details listed below:
- Tel: 012 406 4818
- Fax: 086 500 3351
- Email: email@example.com.