POPIA ACT

(The Protection of Personal Information Act No. 4 of 2013)

By accessing and using this website you acknowledge that you have read, understood and agree to this these provisions and to our practices regarding the collection, use, storage, protection and disclosure of your personal information (or the personal information of third parties you supply), as governed by POPIA, the Promotion of Access to Information Act, 2 of 2000 (“PAIA”), and applicable laws and regulations in the Republic of South Africa.

Definition of Personal Information

For the purposes of these Terms & Conditions:

“Personal Information” has the meaning given in Section 1 of POPIA, being information relating to an identifiable, living natural person (and where applicable, a juristic person), including but not limited to name, identity number, contact details, age, gender, race, marital status, employment history, health or biometric data, and any other information that can be linked to you.

“Processing” or “Process/Processed” means any operation or activity (automated or not) in respect of personal information, including collection, receipt, recording, organising, storing, updating, altering, retrieving, using, dissemination, erasure or destruction.

Categories of Personal Information

For transparency, we may process personal information that falls within the following categories (where applicable to our relationship with you):

• Identification and contact details (including name, contact details and identifiers).
• Demographic information (including age and gender).
• Employment and business information (including job title, employer and related history where provided).
• Financial and transactional information (including payment details where required to supply goods or services).
• Online and technical information (including IP address, device information cookies and online identifiers).
• Communications (including enquiries, requests and correspondence).

Categories of Data Subjects

The categories of data subjects whose personal information we may process include (where applicable):

• Clients and prospective clients.
• Suppliers and service providers (including their representatives).
• Employees and prospective employees.
• Website users and visitors.
• Any other persons who provide information to us through this website or in the course of our business relationship.

Special Personal Information and Children’s Information

We do not intentionally collect or process special personal information (as contemplated in POPIA) or children’s information through this website, unless you voluntarily provide it or it is required for a lawful purpose, in which event such processing will be limited to what is necessary and will take place only in accordance with POPIA.

Our Role

Section 18 Disclosure

In accordance with section 18 of POPIA, we record the following disclosures regarding the collection of personal information through this website:

The supply of personal information is voluntary unless the information is required for us to provide a product or service or to comply with a legal obligation, in which event we may not be able to provide the requested product or service if the information is not supplied.

The purposes for collection are set out above and we will use the information only for those purposes or for compatible purposes as permitted by POPIA.

Where we disclose personal information to third parties, the categories of recipients are described above under “Sharing and Disclosure of Personal Information” and our Operators are required to process personal information only on our instructions and subject to appropriate confidentiality and security safeguards.

You have the rights described below under “Your Rights under POPIA”, including the right to request access to and correction or deletion of your personal information and to object to processing where applicable.

Requests to exercise rights, including requests under POPIA and requests for access to records under PAIA, must be submitted in writing to our Information Officer using the contact details below and may be subject to the forms, timeframes and fees prescribed by applicable law and by our PAIA Manual.

We act as the “Responsible Party” (as defined in POPIA) in relation to your personal information that we collect, store, use or otherwise process via our website, unless otherwise expressly indicated. 

Where we share your information with third parties, we will ensure that they act as “Operators” (or have similar obligations) in accordance with POPIA.

 Collection and Use of Personal Information

We may collect and process your personal information (and that of third‐party individuals that you provide) when you:

• Use- or register on our website;
• Complete any form, request, enquiry or subscription;
• Contact us electronically or otherwise;
• Use any of our services or access restricted areas of the Site;
• Interact with us in any other way (online or offline) and provide personal information to us.

The purposes for which we may collect and process your personal information include (but are not limited to):

• To communicate with you and respond to your enquiries or requests;
• To provide and administer our services and products as you have requested;
• To authenticate your identity when required;
• To register you (or your organisation) for our services, events or newsletters;
• To improve our website, functionality, user experience, content and services;
• For internal record‐keeping, statistical analysis, reporting and research in anonymised or aggregated form;
• To comply with applicable legal or regulatory obligations (including under POPIA, PAIA or other laws); and 
• Any other purpose for which you have explicitly consented or that is reasonably required in the context of our relationship with you.

Lawful Basis & Consent

We will only process your personal information where one or more lawful bases apply under POPIA, including:

• You have given your consent;
• Processing is necessary for the performance of our services or to take steps at your Request prior to entering into a contract;
• Processing is required to comply with an obligation imposed by law;
• Processing is necessary to protect your legitimate interests or those of others; and
• Any other lawful bases as permitted under POPIA.

Where consent is required, you will have the right to withdraw such consent at any time, subject to contractual or legal obligations.

Retention & De‐identification

We will retain your personal information only for as long as is necessary to achieve the purpose for which it was collected, or such longer period as may be required by law or contract. Once such retention is no longer required, we will de‐identify or securely dispose of your personal information.

Security, Safeguards & Data Integrity

We commit to implementing appropriate technical and organisational measures to protect your personal information against unauthorised or unlawful processing, accidental loss, destruction or damage, in accordance with POPIA’s security safeguards. We also aim to ensure that the personal information we hold is complete, accurate, not misleading and is updated as necessary.

Sharing and Disclosure of Personal Information

We will not disclose your personal information to third parties except:

• with your consent;
• to our group companies, employees, contractors, service providers or advisers who have a need to access it, and who are subject to confidentiality obligations;
• where necessary to fulfill the purposes for which it was collected;
• where required or authorised by law (including for law enforcement or regulatory purposes); or 
• As otherwise disclosed to you at the time of collection.

In the event of cross border transfers of personal information (outside the Republic of South Africa), we will ensure such transfer complies with POPIA’s requirements (including ensuring that the recipient is bound by obligations no less stringent than those imposed by POPIA).

Your Rights under POPIA

As a “data subject” under POPIA you have the following rights (among others):

• The right to be notified when your personal information is being collected;
• The right to access the personal information we hold about you;
• The right to correct or update your personal information;
• The right to object to the processing of your personal information, where applicable;
• The right to request the deletion or destruction of your personal information, subject to legal or contractual retention requirements;
• The right to withdraw consent where consent forms the basis of processing;
• The right to lodge a complaint with the Information Regulator if you believe we have not complied with POPIA.

If you would like to exercise any of these rights, please contact us using the contact details provided below.

For requests under POPIA and for requests for access to records under PAIA, you may be required to complete the relevant request form and to follow the procedure set out in our PAIA Manual, which is available on request or as published on our website (if applicable).

Contact / Information Officers

For queries regarding these terms pertaining to your personal information, compliance with POPIA or how we process data, please contact:

Information Officers:           The Lab Chemicals and Coatings (Pty) Ltd

                                                Stefan Ras

                                                stefan@thelabcc.co.za  

More information:                POPIA Responsible Party and Operator Data Processing

                                               The Lab George (Pty) Ltd

                                                Michelle Jacobsz

                                                michelle@thelabcc.co.za

More information:               POPIA Responsible Party and Operator Data Processing

All of the above, must be read in conjunction with the General Terms and Conditions of The Lab Chemicals and Coatings (Pty) Ltd and The Lab George (Pty) Ltd which can be found at www.thelabcc.co.za or is available on request.