Protection of Personal Information Policy

Introduction & Purpose

Any information submitted and collected on this website mowbarygardens.vantex.co.za will only be used by the trustees for the explicit purpose of community building, managing the sectional title, ensuring the safety and security of the sectional title owners, residence, and property. The information that is submitted on this website will be detailed as to why the information will be needed and what it will be used for. Furthermore, you can choose which information will be publically available - such as contact details, which unit you stay in, etc.

Other information that should not be made publically available such as Emergency Contacts, domestic employees, etc will only be available to the trustees, managing agents, emergency/medical responders and/or any legal representatives. However, this information will only be made available if it is absolutely necessary for the protection and/or well being of the information owner (the person who submitted his/her information).

 

Registering on Website

The following information requested upon registering on this website will be used for the following purposes:

 

Information Type Purpose Visibility / Access* Mandatory
Name To address and communicate with the registered user. Registered Users Yes
Surname To address and communicate with the registered user. Trustees & Managing Agents Yes
Username To identify the registered user, log in onto the website, and identify reports, votes and other service actions logged on the website. Public Yes
Telephone Numbers To contact the registered user where necessary. Optional Yes
Unit Number To identify the registered user, and respond to reports, votes and other service actions logged on the website.

Optional

Yes
Email To contact the registered user where necessary. Trustees & Managing Agents Yes
Password To login to the website Completely Private and Unseen Yes
Residence Since For historical and public information compilation.

Optional

Yes
Responsibility To identify you as a Managing Agent, Trustee, Caretaker or Resident and give you access to applicable areas of the website. Dependant on Responsibility** Yes
Status To identify you as an Owner, Co-Owner, Tenant and give you access to applicable areas of the website. Dependant on Status ** Yes
Interests To contribute to community building and sectional title improvement.  Optional No
Skills To contribute to community building and sectional title improvement.  Optional No

 *When Visibility / Access says "Optional" it implies that the information is only visible/accessible to Trustees & Managing Agents unless chosen by the registered user to be made available to other Registered Users.

** If the visibility is stated to be dependent then you will be consulted as to whether your information to be made available publically or to registered users.

 

Residence Survey

The information submitted on the "Residence Survey" is used to enable the trustees of Mowbray Gardens Body Corporate to better serve the owners of the sectional titles and enable them to make informed decisions relating to the management of the complex.

Management matters that this survey will help direct, include, but are not limited to:
1) General Security
2) Fire & Safety
3) Personal & Community well-being
4) Emergency Response awareness
5) Compliance with acts, rules, and regulations relating to sectional titles

 

Information Type

Purpose

Visibility / Access*

Mandatory

Name

 To address and communicate with the registered user. Trustees & Managing Agents Yes

Surname

 To address and communicate with the registered user / data subject. Trustees & Managing Agents Yes

Email

To link the information collected to the registered user / data subject. Trustees & Managing Agents Yes

Telephone Numbers

 To communicate with the data subject, the emergency contacts, tenants and domestic employees of the data subject in case of emergency or if legally necessitated. Trustees & Managing Agents Some

Unit Number

 To link the information collected to the registered user / data subject and know which unit the information is linked. Trustees & Managing Agents Yes

Owner Information

 To identify who the owner and responsible person is in supplying and upholding the house rules of Mowbray Gardens. Trustees & Managing Agents Yes

Tenant Information

 To identify who and communicate with if the unit is not being occupied by the owner a need arises to communicate with the tenant directly. Trustees & Managing Agents When Applicable

Resident Information

 To identify how many people are staying within the unit and to ensure that this does not transgress municipal bylaws. Trustees & Managing Agents Yes

Emergency Contact Details

 To know who to contact in case of a medical, security or other emergencies. Trustees & Managing Agents Yes

Number and possession of remotes

 To identify and aid in the proper maintenance of who has access to the complex, and aid in the compilation of a remote register, furthermore this information may be used in the event that it is legally necessitated. Trustees & Managing Agents Yes

Vehicle Information

 To identify and aid in the proper maintenance of who has access to the complex, which vehicles are authorized to park in certain areas, and aid in the compilation of a vehicle register, furthermore this information may be used in the event that it is legally necessitated. Trustees & Managing Agents Yes

Number & Types of Pets

 To identify how many pets are staying within the unit and that this does not transgress the Mowbray Gardens house rules and /or municipal bylaws. Trustees & Managing Agents Yes

Domestic Workers

 To identify and aid in the proper maintenance of who has access to the complex, which non-residents are authorized to access the complex and on which days, and aid in the compilation of a domestic employee register, furthermore this information may be used in the event that it is legally necessitated. Trustees & Managing Agents Yes

Authorized Access

  To identify and aid in the proper maintenance of who has access to the complex, which residents and non-residents are authorized to access the complex furthermore this information may be used in the event that it is legally necessitated. Trustees & Managing Agents Yes

 

Protection of Personal Information (POPI) Compliance

Accountability 

Accountability refers to the responsible party (the trustees) ensuring that the conditions set out in this the POPI Act and all the measures that give effect to such conditions are complied with at the time of the determination of the purpose and means of the processing and during the processing itself.

Furthermore, any information supplied by completing any forms, surveys or submitted documents containing information, albeit electronic and/or physical will be subject to Mowbray Gardens Protection of Personal Information Policy as set out in this article unless otherwise stated.

 

Processing limitation

  • Minimality - Personal information will only be processed for the given purpose for which it is processed, it is adequate, relevant and not excessive.
  • Processing Grounds - Personal information will only be processed if:
    • processing protects a legitimate interest of the data subject (the registering user)
    • 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 the responsible party or of a third party to whom the information is supplied.
  • Proof of Consent - The responsible party (the trustees) bears the burden of proof for the data subject’s or competent person’s consent
  • Objection - A data subject (the registering user) may object, at any time, to the processing of personal information, unless legislation provides for such processing.

Purpose specification

  • Purpose - Personal information will only be collected for a specific, explicitly defined and lawful purpose related to a function or activity of the responsible party (the trustees) as described above. 
  • Retention - The personal information submitted will be retained for the duration of ownership of part of the sectional title of and residence in Mowbray Gardens.
    • The necessity for the retention of the personal information for the aforementioned duration is for the protection of the legitimate interests, well-being, safety and security of the data subject (the registering user) and responsible person.
    • An example of retention for well being is that of the Emergency Contact. If a medical emergency were to arise the responsible person could use this information to contact the listed emergency contact.
    • Records of personal information may be retained for periods in excess of those contemplated in the POPI ACT for historical, statistical or research purposes if the responsible party has established appropriate safeguards against the records being used for any other purposes - however, this information will then be de-identified.

 

Further processing limitation

 The further processing of personal information is not incompatible with the purpose of collection if

  • the data subject  consented to the further processing of the information;
  • the information is available in or derived from a public record
  •  has deliberately been made public by the data subject;
  • further processing is necessary
    • to avoid prejudice to the maintenance of the law by any public body including the prevention, detection, investigation, prosecution, and punishment of offenses;
    • to comply with an obligation imposed by law or to enforce legislation concerning the collection of revenue as defined in section 1 of the South African Revenue Service Act, 1997 (Act No. 34 of 1997);
    •  for the conduct of proceedings in any court or tribunal that have commenced or are reasonably contemplated; or (iv) in the interests of national security;
  • the further processing of the information is necessary to prevent or mitigate a serious and imminent threat to
    • public health or public safety; or
    • the life or health of the data subject or another individual;
  • the information is used for historical, statistical or research purposes and the responsible party ensures that the further processing is carried out solely for such purposes and will not be published in an identifiable form, or the further processing of the information is in accordance with an exemption granted under section 37.

 

Information quality

Accuracy

  • The responsible party will take reasonably practicable steps to ensure that the personal information submitted is complete, accurate, not misleading and updated where necessary.
  • However, it is the data subject's responsibility to ensure that all information submitted is accurate, true, not misleading and up to date.
  • Furthermore, it remains the explicit responsibility of the data subject to inform the responsible party of any changes to his/her personal information.

 

Regard of Purpose

The responsible party will have regard to the purpose for which personal information is collected or further processed.

 

Openness

Documentation

The responsible party must maintain the documentation of all processing operations under its responsibility as referred to in section 14 or 51 of the Promotion of Access to Information Act.

 

Notification for Collection

The responsible party hereby takes reasonably practicable steps to ensure that the data subject is aware of the following information that is needed for openness by the responsible party:

  • Collection Instruments / Channels - any forms, surveys or submitted documents containing information, albeit electronic and/or physical will be subject to Mowbray Gardens POPI Act compliance 
  • Name & Address of Responsible Party - the Mowbray Gardens trustees, residing at 64 Mowbray Avenue, Benoni, South Africa
  • Purpose of Collection - as specified in the respective sections above and upon collection personal information
  • Supplying of Information - most of the personal information is voluntary, however, some information as indicated by asterisks ("*") are mandatory for the registration, use, and completion of certain surveys and websites used by the Mowbray Gardens trustees. However, use and submission of these forms, surveys and/or websites is neither obligatory nor compulsory - albeit highly recommended.
  • Consequences - the only consequences for failure to provide the information are that you may be denied the luxury, benefits and/or ease of access to certain services supplied on the website. Furthermore, if certain forms/surveys are not submitted/completed with the relevant and necessary information related to their purpose and intent, the opinions of the data subject may be missed due to non-submission.
  • Legal Necessity of Information - Where necessary the data subject will be informed if any information to be submitted is required by a particular law authorizing or requiring the collection of the information
  • Transfer of Information -  the responsible party will not transfer the information across international borders.

 

Security safeguards

The responsible party will secure the integrity and confidentiality of personal information in its possession or under its control by taking appropriate, reasonable technical and organisational measures to prevent unlawful access to or processing of personal information.

 

For security reasons the responsible party will not and does not need to disclose or publish which security safeguards they have in place for the protection of the personal information as they take reasonable measures to comply to the security safeguards required by the POPI Act and have due regard to generally accepted information security practices and procedures.

 

The responsible party will, however, make information on the security safeguards available if it is legally required to do so.

 

Data subject participation

  • Access to personal information - the data subject will be allowed to request access to his/her information so long as the request is subject to and within the confines of the POPI Act.
  • Refusal - The responsible party may or must refuse, as the case may be, to disclose any information requested in terms of the POPI Act and/or the Promotion
    of Access to Information Act.
  • Correction of personal information - A data subject may, in the prescribed manner, request the responsible party to correct or delete personal information about the data subject in its possession or under its control that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or obtained unlawfully.

 

The POPI Act is available for download by clicking here: http://www.justice.gov.za/inforeg/docs/InfoRegSA-POPIA-act2013-004.pdf

 

GDPR Note

Due to this website only being intended for use within South Africa and not with the European Union it does not need to be compliant with the EU's GDPR.

Login Form

Free Joomla templates by L.THEME