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This Privacy policy has been drafted in terms of section 51 of the Promotion of Access to Information Act 2 of 2000 (“PAIA”) as amended by the Protection of Personal Information Act 4 of 2013 (“POPI”).
This policy reflects the privacy practices of PERKALOO PTY LTD (Registration number: 2016 / 386014 / 07, a company governed by the laws of the Republic of South Africa with its registered office at Chestnut Hill Building, No 62 Regency Drive, Route 21 Corporate Park, Irene. ('we', 'us', 'our'). We have a digital footprint in the form of a website at www.perkaloo.com and all of its associated domains.
By submitting your personal/companies data manually or in electronic form to us in connection with the Website you give your consent that all personal data that you submit will be processed by us in the manner and for the purposes described below. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
If you have any questions at all about this policy or the Website, or about how we use and process your personal information, please do not hesitate to contact us by e-mail at info@perkaloo.com or, alternatively, in writing to PERKALOO at Chestnut Hill building, No 62 Regency Drive, Route 21 Corporate Park, Irene.
We are committed to protecting the privacy of the users of our Website. We are the sole owner of the information collected on the Website. We will not sell, share, or rent this information to others in ways different from those disclosed in this statement.
We collect information from you at several different points on the Website.
By submitting your information, you consent to the use of that information as set out in this policy. If we change our privacy policy we will post the changes on this page, and may place notices on other pages of the Website, so that you may be aware of the information we collect and how we use it at all times. Continued use of the Website will constitute your agreement to any such changes.
When you submit personal information about making a payment via the Website, such personal information is encrypted and protected with encryption software that lets your browser automatically encrypt data before you send it to us. While on a secure page the lock icon on the bottom of Web browsers such as Netscape Navigator and Microsoft Internet Explorer becomes locked, as opposed to un-locked, or open, when you are just ‘surfing’.
PERKALOO may transfer personal information to a third party who is in a foreign country in order to administer certain services, but may only do so subject to the provisions of POPI. For example, academic / market research may be conducted by a company within the PERKALOO group and / or by a contracted research and survey provider, which may be inside or outside South Africa. Thus internal cross-border transfers, as well as external cross-border transfers of information are envisaged, subject to the provisions of POPI.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.
We may disclose your information to third parties in the following circumstances, where:
• you consent to such disclosure;
• we are legally required to do so by regulatory or law enforcement authorities;
• we, in good faith, believe it necessary to protect the personal safety of users or the public;
• we (in whole or in part) merge with, or are acquired by, another business. If this happens, we may share any information or data that relates to you with any party who acquires all or part of the business; and/or
• we are the subject of insolvency proceedings, whereby information may be disposed of in such a way as required by the courts.
We also reserve the right to disclose the information collected about you to our professional advisors and PerkPartners.
We may share aggregated demographic information with our partners, clients and advertisers. This is not linked to any personal information that can identify any individual person.
We may partner with another party to provide specific services. When you sign up for these services, we will share names or other contact information that is necessary for the third party to provide these services.
These parties are not allowed to use personally identifiable information except for the purpose of providing these services. We may also use such aggregated information and statistics for monitoring the Website usage in order to help us develop the Website and our services and may provide such aggregate information to third parties.
A cookie is a piece of data stored on your hard drive containing information about you. Usage of a cookie is in no way linked to any personally identifiable information while on the website. Once you close your browser, the cookie simply terminates. For instance, by setting a cookie on the website, you would not have to log in a password more than once, thereby saving time while on the Website. If you reject the cookie, you may not be able to use every function of the Website. Cookies can also enable us to track and target your interests to enhance your experience of the Website. Some of our business partners use cookies on this Website (for example, advertisers). However, we have no access to or control over these cookies.
We use IP addresses to analyze trends, administer the website and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.
The Website contains links to other Websites. Please be aware that we are not responsible for the privacy practices of other Websites. We encourage you to be aware when you leave the Website and to read the privacy policies of each and every website that collects personally identifiable information. This privacy policy applies solely to information collected by us on the Website.
We may occasionally send out newsletters, offers or alerts to our members. We may also wish to provide you with information about special features of our Website or any other service or products we think may be of interest to you. At any time, you can alter your personal profile on the Website to disable any further emails.
From time to time the Website may request information from you via surveys or contests. Participation in these surveys or contests is completely voluntary and you therefore have a choice whether or not to disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as postcode or age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use of and satisfaction with this Website.
If you elect to refer an entity or person to our website, we will ask you for their contact information and email address. We will automatically send this entity or person a one-time email inviting them to visit the website and follow this up with a phone call. We store this information for this sole purpose. This information is then discarded after the referred party has opted out.
PAIA is an act that was passed to give effect to the constitutional right, held by everyone in South African, of access to information which is held by the State or by another person and which is required for the exercise or protection of any right. Where a request is made in terms of PAIA, the body to which the request is made is obliged to give access to the requested information, except where the Act expressly provides that the information may or must not be released.
It is important to note that PAIA recognizes certain limitations to the right of access to information, including, but not exclusively, limitations aimed at the reasonable protection of privacy, commercial confidentiality, and effective, efficient and good governance, and in a manner which balances that right with any other rights, including such rights contained in the Bill of Rights in the Constitution.
POPI was enacted in November 2013, to promote the protection of personal information processed by public and private bodies. POPI amended certain provisions of PAIA, balancing the need for access to information against the need to ensure the protection of personal information.
'Client' refers to any natural or juristic entity that receives services from PERKALOO. This includes prospective clients who submit applications to PERKALOO, but which or who ultimately do not become PERKALOO clients.
Client related records include:
• Records provided by a client to a third party acting for or on behalf of PERKALOO;
• Records provided by a third party;
• Records generated by or within PERKALOO relating to its clients;
• Transactional records and recorded call Centre calls;
• Correspondence with a client that is implicitly or explicitly of a private or confidential nature
• Records pertaining to a client retrieved from 'other sources', such as any credit bureau or credit providers industry association.
These records include, but are not limited to, the records which pertain to PERKALOO's own affairs. These include:
• Financial records;
• Operational records;
• Information technology;
• Communication;
• Administrative records, such as contracts and service level agreements;
• Product records;
• Statutory records;
• Internal Policies and procedures; and
These records include:
• Records held by PERKALOO pertaining to other parties, including without limitation, financial records, correspondence, contractual records, records provided by the other party (for example third party beneficiaries or employees of a client), and records third parties have provided about PERKALOO's contractors / suppliers.
• PERKALOO may possess records pertaining to other parties including, but not limited to, contractors, suppliers, and service providers and such other parties may possess records that can be said to belong to PERKALOO.
In terms of POPI, data must be processed for a specified purpose. The purpose for which data are processed by PERKALOO will depend on the nature of the data and the particular data subject. This purpose is ordinarily disclosed, explicitly or implicitly, at the time the data are collected."
PERKALOO processes personnel data for business administration purposes. For example, personnel data are processed for payroll purposes. Personnel data are also processed to the extent required by legislation and regulation. For example, PERKALOO discloses employees’ financial information to the Commissioner for the South African Revenue Service, in terms of the Income Tax Act 58 of 1962 and employee’s sensitive personal information in terms of the Employment Equity Act 55 of 1998."
class="PageBodyPart2">PERKALOO processes client related records as an integral party of its commercial services. For example, PERKALOO processes client related records during the client application process, in assessing a client’s profile, in administering the PERKALOO benefit program, and for academic research purposes. PERKALOO may also process data provided to it by credit bureaus or industry regulatory bodies (and other “sources”, including a client’s employer) to consider a client’s application.
This list of processing purposes is non-exhaustive.
PERKALOO processes third party records for business administration purposes and marketing.
PERKALOO processes 'other party' records for business administration purposes and marketing. For example, personnel data may be processed in order to effect payment to contractors and / or suppliers.
In performing these various tasks, PERKALOO may, amongst others, collect, collate, process, store and disclose personal information.
PERKALOO holds information and records on the following category of data subject:
• Employees / personnel of PERKALOO;
• Clients of PERKALOO;
• Any third party with whom PERKALOO conducts its business services;
• Contractors of PERKALOO;
• Suppliers of PERKALOO;
• Service providers of PERKALOO.
This list of categories of data subjects is non-exhaustive.>
Depending on the nature of the data, PERKALOO may supply information or records to the following categories of recipients:
• Statutory oversight bodies, regulators or judicial commissions of enquiry making a request for data (i.e. the National Credit Regulator in terms of the National Credit Act 34 of 2005);
• Any court, administrative or judicial forum, arbitration, statutory commission, or ombudsman making a request for data or PERKALOO in terms of the applicable rules (i.e. the Competition Commission in terms of the Competition Act 89 of 1998);
• South African Revenue Services, or another similar authority;
• A contracted third party who requires this information to provide a service to a client or any employee on the client’s benefit program;
• Third parties with whom PERKALOO has a contractual relationship for the retention of data (for example, a third-party archiving services);
• Research/ academic institutions;
• Auditing and accounting bodies (internal and external);
• Anyone making a successful application for access in terms of PAIA;
• Subject to the provisions of POPI and the National Credit Act 34 of 2005, PERKALOO may share information about a client’s creditworthiness with any credit bureau or credit providers industry association or other association for an industry in which PERKALOO operates.
PERKALOO may transfer personal information to a third party who is in a foreign country in order to administer certain services, but may only do so subject to the provisions of POPI. For example, academic / market research may be conducted by a company within the PERKALOO group and / or by a contracted research and survey provider, which may be inside or outside South Africa. Thus internal cross-border transfers, as well as external cross-border transfers of information are envisaged, subject to the provisions of POPI." class="PageBodyPart2">
PERKALOO takes extensive information security measures to ensure the confidentiality, integrity and availability of personal information in PERKALOO’s possession. PERKALOO takes appropriate technical and organizational measures designed to ensure that personal data remain confidential and secure against unauthorized or unlawful processing and against accidental loss, destruction or damage.
PERKALOO may refuse a request for information on the following basis:
• Mandatory protection of the commercial information of a third party, if the record contains:
o Trade secrets of that third party;" class="PageBodyPart2">
o Financial, commercial, scientific or technical information which disclosure could likely cause harm to the financial or commercial interests of that third party; and
o Information disclosed in confidence by a third party to PERKALOO, if the disclosure could put that third party at a disadvantage in negotiations or commercial competition.
• Mandatory protection of confidential information of third parties if it is protected in terms of any agreement or legislation;
• Mandatory protection of the safety of individuals and the protection of property;
• Mandatory protection of records which would be regarded as privileged in legal proceedings;
• The commercial activities of PERKALOO, which may include
o Trade secrets of PERKALOO;
o Financial information which, if disclosed, could put PERKALOO at a disadvantage in negotiations or commercial competition;
o A computer program which is owned by PERKALOO and which is protected by copyright."
• The research information of PERKALOO or a third party, if its disclosure would disclose the identity of the institution, the researcher or the subject matter of the research and would place the research at a serious disadvantage;
• Requests for information that are clearly frivolous or vexatious, or which involve an unreasonable diversion of resources shall be refused.
A requester is any person making a request for access to a record of, or held by, PERKALOO. The requester is entitled to request access to information, including information pertaining to third parties, but PERKALOO is not obliged to grant such access. Apart from the fact that access to a record can be refused based on the grounds set out in paragraph 9 above, in order to successfully access information the requester must fulfill the prerequisite requirements for access in terms of PAIA, including the payment of a request and access fee.
Payment details can be obtained from PERKALOO and can be made either via a direct deposit, by bank guaranteed cheque or by postal order. Proof of payment must be supplied when a Request is submitted.
The following fees are (or may be) payable:
• Request fee
• Access fee
• Reproduction fee
An initial 'request fee' is payable on submission of a request. The prescribed fee will be disclosed on request." class="PageBodyPart2">
Note that the requester may lodge a complaint to the Information Regulator or an application with a court against the tender or payment of the request fee.
If the request for access is successful, an access fee must be paid. This fee is for the search, reproduction and/or preparation of the record(s). The access fee will be calculated based on the prescribed fees.
Note that the requester may lodge a complaint to the Information Regulator or an application with a court against the tender or payment of the access fee.
This fee is applicable in respect of documents/records which are voluntarily disclosed (see ‘Automatic Disclosure’ above). This is for reproduction, copying and transcribing the relevant documents / records. The reproduction fee will be calculated based on the prescribed fees.
If the search for, and the preparation of, the record for disclosure would, in the opinion of PERKALOO, require more than 6 hours, the requester may be required to pay as a deposit one third of the access fee (the fee which will be payable if the request is granted).
Note that the requester may lodge a complaint to the Information Regulator or an application with a court against the tender or payment of the deposit.
If a deposit has been paid in respect of a request for access which is subsequently refused, then PERKALOO must refund the deposit to the requester.
The requester must pay the prescribed fee before any processing, or any further processing, can take place.
PERKALOO must take all reasonable steps to inform a third party to whom or which a requested record relates if the disclosure of that records would -
• involve the disclosure of personal information about that third party;
• involve the disclosure of trade secrets of that third party; financial, commercial, scientific or technical information (other than trade secrets) of that third party, the disclosure of which would be likely to cause harm to the commercial or financial interests of that third party; or information supplied in confidence by a third party, the disclosure of which could reasonably be expected to put that third party at a disadvantage in contractual or other negotiations; or to prejudice that third party in commercial competition;
• constitute an action for breach of a duty of confidence owed to a third party in terms of an agreement; or
• involve the disclosure of information about research being, or to be, carried out by or on behalf of a third party, the disclosure of which would be likely to expose the third party, a person that is or will be carrying out the research on behalf of the third party, or the subject matter of the research, to serious disadvantage.
PERKALOO will inform the third party as soon as reasonably possible, but in any event, within 21 days after that request is received.
Within 21 days of being informed of the request, the third party may-
• make written or oral representations to PERKALOO why the request for access should be refused; or
• give written consent for the disclosure of the record to the requester." class="PageBodyPart2">
PERKALOO will notify the third party of the outcome of the request. If the request is granted, adequate reasons for granting the request will be given.
The third party may lodge a complaint to the Information Regulator or an application with a court against the decision within 30 days after notice is given, after which the requester will be given access to the record after the expiry of the 30 day period.
PERKALOO will, within 30 days of receipt of the request, decide whether to grant or decline the request and give notice with reasons (if required) to that effect.
The 30 day period, within which PERKALOO has to decide whether to grant or refuse the request, may be extended for a further period of not more than 30 days if the information cannot reasonably be obtained within the original 30 day period. For example, the time period may be extended if the request is for a large amount of information, or the request requires PERKALOO to search for information held at another office of PERKALOO.
PERKALOO will notify the requester in writing should an extension be required. The requester may lodge a complaint to the Information Regulator or an application with a court against the extension.
PERKALOO does not have internal appeal procedures. Therefore, the decision made by PERKALOO is final. Requesters who are dissatisfied with a decision of PERKALOO will have to exercise external remedies at their disposal.
All complaints, by a requester or a third party, can be made to the Information Regulator or a court, in the manner prescribed below.
The requester or third party, as the case may be, may submit a complaint in writing to the Information Regulator, within 180 days of the decision, alleging that the decision was not in compliance with the provisions of PAIA.
The Information Regulator will investigate the complaint and reach a decision - which may include a decision to investigate, to take no further action or to refer the complaint to the Enforcement Committee established in terms of POPI. The Information Regulator may serve an enforcement notice confirming, amending or setting aside the impugned decision, which must be accompanied by reasons.
An application to court maybe brought in the ordinary course. For purposes of PAIA, any reference to an application to court includes an application to a Magistrates’ Court.
If any information regarding you requires to be corrected, updated or changed it is your responsibility to advise us of the required amendments. If you inform us that you no longer desire our service, we shall correct, update or remove your personal data provided to us.
After completion of your transaction, your payment details will not be held on our records and are stored with our PCI compliant payment provider. Please note, an archive copy of any information provided to us may be retained by us for our records and for audit purpose.
If you have any questions at all about this policy or the Website, or about how we use and process your personal information, please do not hesitate to contact us by e-mail at info@perkaloo.com, or, alternatively, in writing to PERKALOO PTY LTD at Chestnut Hill Building, No 62 Regency Drive, Route 21 Corporate Park, Irene.
