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Privacy Notice

1.

Background

  1.1. In this Privacy Notice “Tongaat Hulett” means, collectively, Tongaat Hulett Limited its subsidiaries and affiliates.
  1.2. Tongaat Hulett is an agriculture and agri-processing business whose head office is situated in Tongaat, South Africa. Tongaat Hulett focuses on cane growing, sugar milling and refining throughout the Southern African region.
  1.3. Tongaat Hulett is obliged to comply with the Protection of Personal Information Act, 2013 (‘POPI’).
  1.4. POPI requires Tongaat Hulett to inform a user (the “User”) how the User’s personal information is or will be used, disclosed and destroyed.
  1.5. Tongaat Hulett is committed to protecting the User’s privacy and ensuring that their personal information is used appropriately, transparently, securely and in accordance with all applicable laws.
  1.6. This Privacy Statement sets out how Tongaat Hulett deals with the User’s personal information and, in addition, the purposes for which such information is used.
  1.7. Section 9 of POPI requires that personal information must be processed lawfully and in a reasonable manner that does not infringe the privacy of the User.

2.

Personal Information Collected

  2.1. Tongaat Hulett may, at its sole discretion, collect and process the User’s personal information to provide the User with access to services and products provided by Tongaat Hulett, to help Tongaat Hulett improve its offerings to the User and for certain other purposes explained below.
  2.2. Tongaat Hulett will ensure that the User is aware of the purpose of the collection of the information by notifying the User of such purpose.
  2.3. The type of information Tongaat Hulett collects will depend on the purpose for which such information is collected. Examples of the personal information Tongaat Hulett may collect includes, but is not limited to names, surnames, identity numbers, residential and business and/or work addresses, postal codes, telephone and mobile numbers, fax numbers, email addresses, marital statuses, income tax reference numbers and bankers and Internet Protocol (IP) addresses.

3.

How Personal Information Is Used

  3.1. The User’s personal information will only be processed for the purpose for which it was collected and intended and if it is adequate, relevant and not excessive.
  3.2. In terms of Section 11 of POPI, personal information may only be processed if certain conditions are met:
    3.2.1. the User consents to the processing;
    3.2.2. processing is necessary – the personal information that is required will be reasonably necessary to facilitate the provision of services and/or products to the User and to market Tongaat Hulett services and/or products to the User via emails and brochures (or any other method);
    3.2.3. processing complies with an obligation imposed by law on Tongaat Hulett to discharge its mandate to the User;
    3.2.4. processing protects a legitimate interest of the User – it is in the User’s best interests to have access to the Website as well as products and services offered by Tongaat Hulett on the Website;
    3.2.5. processing is necessary for the purposes of providing quality and appropriate products and services to the User – in order to provide the User with appropriate products and services, Tongaat Hulett requires certain personal information from the User.
    3.2.6. processing is necessary for pursuing the legitimate interests of Tongaat Hulett or of a third party to whom the information is supplied.

4.

Collection and Disclosure of Personal Information

  4.1. Tongaat Hulett must collect the personal information directly from the User except in the following circumstances:
    4.1.1. the information is contained or derived from public record or has deliberately been made public by the User;
    4.1.2. the User has consented to the collection of information form another source;
    4.1.3. collection from another source would not prejudice a legitimate interest of the User;
    4.1.4. collection from another source is necessary:
    4.1.5. to avoid prejudice to the maintenance of the law by any public body, including the prevention, detection, investigation, prosecution and punishment of offences;
    4.1.6. 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);
    4.1.7. for the conduct of proceedings in any court or tribunal that have commenced or are reasonably contemplated;
    4.1.8. in the interests of national security; or
    4.1.9. to maintain the legitimate interests of the responsible party or of a third party to whom the information is supplied.
  4.2. Upon collection, Tongaat Hulett will take steps to ensure that the User is aware of:
    4.2.1. the information being collected and the source of collection;
    4.2.2. the purpose of collection;
    4.2.3. Tongaat Huletts’ name and address details (which can be found below);
    4.2.4. whether the supply of information is voluntary or mandatory;
    4.2.5. the consequences if the User does not supply such information;
    4.2.6. the law requiring the collection of such information, if applicable; and
    4.2.7. any further information.
  4.3. The steps above must be taken before the information is collected or as soon as reasonably practical after it has been collected.
  4.4. It is not necessary for Tongaat Hulett to comply with point 4.2 of this Privacy Statement if:
    4.4.1. the User has consented to non-compliance;
    4.4.2. non-compliance would not prejudice the legitimate interests of the User;
    4.4.3. non-compliance is necessary:
      4.4.3.1. to avoid prejudice to the maintenance of law;
      4.4.3.2. to comply with an obligation imposed by law;
      4.4.3.3. for the conduct of court proceedings; or
      4.4.3.4. for the interest of national security;
    4.4.4. compliance is not reasonably practicable in certain circumstances; or
    4.4.5. the information will not be used where it is possible to identify the user or it is used merely for historical, statistical or research purposes.

5.

Consent in Terms of Personal Information

  5.1. Tongaat Hulett bears the burden of proof for the User’s consent referred to in point 3.2.1.
  5.2. The User may withdraw his or her consent at any time provided the lawfulness of the processing of the personal information prior to such withdrawal will not be affected.
  5.3. The User may object to the processing of personal information at any time in the prescribed manner and on reasonable grounds relating to his/her particular situation unless legislation provides otherwise or for the purposes of direct marketing other than the direct marketing referred to in section 69 of the POPI Act.
  5.4. If a User has objected to the processing of personal information in terms of point 5.3 above, Tongaat Hulett will no longer process such information.

6.

Retention and Restriction of Records

  6.1. Records of The User’s personal information will not be retained longer than necessary, unless:
    6.1.1. authorised by law;
    6.1.2. for lawful purposes relating to Tongaat Huletts’ functions and activities;
    6.1.3. required by contract; or
    6.1.4. the User has consented to the retention of record.
  6.2. Records may also be retained for historical, statistical and research purposes with the appropriate safeguards in place in terms of this Statement.
  6.3. Tongaat Hulett will destroy the User’s record as soon as reasonably practicable after authorisation to retain the record no longer exists in terms of 6.1 and 6.2. This will be done in a manner to prevent any reconstruction in an intelligible form.
  6.4. Restriction of the processing of a User’s information will take place if:
    6.4.1. the accuracy of the information is contested;
    6.4.2. Tongaat Hulett no longer requires the information for achieving the specific purpose;
    6.4.3. the processing is unlawful and the User opposes destruction and requests for restriction instead; or
    6.4.4. the User requests to transmit the personal data into another automated processing system.
  6.5. Restriction of the personal information referred to in point 6.4. may, with the exception of storage, only be processed for purposes of proof, with the User’s consent, for the protection of the rights of another natural/legal person or if such processing is in the public interest. The User must be informed before the lifting of such restriction.

7.

Limitation of Further Processing

  7.1. Further processing must be in accordance with point 2 of this Privacy Statement and must be compatible with the purpose for collection.
  7.2. Further processing is compatible with the purpose of collection if:
    7.2.1. the User consented to further processing;
    7.2.2. the information is derived from public record;
    7.2.3. the further processing is necessary to:
      7.2.3.1. avoid prejudice to the maintenance of law;
      7.2.3.2. comply with any obligation imposed by law and comply with the collection of revenue in terms of the South African Revenue Services Act 34 of 1997;
      7.2.3.3. the conduct of court proceedings; or
      7.2.3.4. concerning the interest of national security;
    7.2.4. the further processing is necessary in the prevention or mitigation of a serious and imminent threat to:
      7.2.4.1. public health and safety; or
      7.2.4.2. the life/health of the User or another individual;
    7.2.5. the information is required for historical, statistical or research purposes; or
    7.2.6. it is in accordance with the exemption in terms of section 37 of the POPI Act.

8.

Quality and Maintenance of Information

  8.1. Tongaat Hulett will take steps to ensure that the User’s information is complete, accurate, updated and not misleading by taking the purpose for the collection and further processing into account.
  8.2. Tongaat Hulett will maintain the documentation of all processing operations in terms of point 6 of this Privacy Statement.

9.

Safeguarding Personal Information

  9.1. It is required by the POPI Act to adequately protect the User’s personal information that Tongaat Hulett holds through the implementation of security measures and safeguards to secure the integrity and confidentiality of the information. This is done to prevent loss or damage as well as unlawful access or processing of such personal information. Tongaat Hulett will continuously review its security controls and processes to ensure that the User’s personal information is secure in response to new risks or deficiencies. Tongaat Hulett will also implement measures that identify foreseeable internal and external risks, establish and maintain safeguards as well as regularly verify the effective implementation of such safeguards.
  9.2. The following measures are in place in order to protect the User’s personal information:
    9.2.1. A third-party service provider (hereafter referred to as the operator) is mandated to protect the User’s electronic personal information;
    9.2.2. The operator is responsible for the following functions on behalf of Tongaat Hulett:
      9.2.2.1. the processing of information with the knowledge and authorisation by Tongaat Hulett; and
      9.2.2.2. the treatment of the information as confidential and not disclosing this information;
      unless it is required by law or in the course of the proper performance of their duties;
    9.2.3. Tongaat Huletts’ information officer is responsible for the encouragement of compliance with the conditions of the lawful processing of personal information and other provisions of POPI;
    9.2.4. employees of Tongaat Hulett are required to sign confidentiality agreements which are part of their employment contracts;
    9.2.5. the operator and Tongaat Hulett are required to sign a written contract which ensures that security measures are established and maintained for the processing of information by the operator in terms of point 9.1 of this Privacy Statement; The operator will immediately notify Tongaat Hulett if there has been any kind of unauthorised access to the User’s personal information;
    9.2.6. if such unauthorised access in terms of point 9.2.5 occurs, Tongaat Hulett will notify the Information Regulator established by section 39 of the POPI Act as well as the User as soon as reasonably possible after the discovery of the compromise.
    9.2.7. Notification must be in writing and communicated in at least one of the following ways:
      9.2.7.1. mailed to last know physical or postal address;
      9.2.7.2. e-mailed to last known e-mail address;
      9.2.7.3. placed on Tongaat Hulett’s website;
      9.2.7.4. published in the news/media; OR
      9.2.7.5.  as directed by the Information Regulator.
    9.2.8. notification of such compromise may be delayed if it will be impeding upon any criminal investigation by a public body.
    9.2.9. hard copy files are stored at secure premises and are destroyed after the purpose of collection has been fulfilled;
    9.2.10. Tongaat Hulett internal server hard drives are protected by firewalls;
    9.2.11. a security incident management register is kept to log any security incidents and to report on and manage said incidents. This register will be maintained by the information officer;
    9.2.12. all employees of Tongaat Hulett are instructed to follow Tongaat Huletts’s POPI procedures for the User’s information to be processed accurately and securely.

10.

Access and Correction of Personal Information

  10.1. The User has the right to request access to the personal information we hold about them.
  10.2. The User has the right to request free confirmation of the information that Tongaat Hulett holds.
  10.3. The User has the right to request a description about the data in Tongaat Hulett’s possession including the identity of the Operator and all other third parties who have access to such information within a reasonable time, at a prescribed fee, in a reasonable manner and in a format that is understandable to the User.
  10.4. If there is a prescribed fee in terms of the request made by the User, Tongaat Hulett will give the User a written estimate before providing the service and may request for a deposit for all/part of the fee.
  10.5. Tongaat Hulett may refuse the User to disclose any information requested by the User if Chapter 4 of Part 2 and Part 3 of the Promotion of Access to Information Act are applicable.
  10.6. Section 30 and 61 of the POPI Act are applicable in terms of access to health or other records.
  10.7. The User also has the right to ask us to update, correct, delete or destroy their personal information on reasonable grounds.
  10.8. Upon such a request by the User in 10.7, Tongaat Hulett must as soon as reasonably practicable:
    10.8.1. correct the information;
    10.8.2. destroy/delete the information; or
    10.8.3. provide credible evidence in support of the information.
  10.9. Tongaat Hulett will notify the User of the action taken as a result of the request.
  10.10. Once the User objects to the processing of the User’s personal information, Tongaat Hulett shall no longer process the User’s personal information save and except for where Tongaat Hulett is obliged by law or common practice to do so.
  10.11. The details of Tongaat Hulett’s Information Officer to which a request can be made are as follows:
    10.11.1. Name: Zamile Qwemesha
    10.11.2. Telephone Number: 032 439 4100
    10.11.3. Physical Address: 1 Amanzimnyama Hill Road, Tongaat, 4400
    10.11.4. E-Mail Address: Compliance@tongaat.com
    10.11.5.  Web site: www.tongaat.com

11. 

Amendments to this Privacy Statement

  11.1. Amendments to this Privacy Statement will take place on an ad hoc basis as and when required.
  11.2. The User is advised to check the Website periodically in order to become familiar with any changes.
  11.3.  The User may direct any queries to the information officer.

Use of Cookies

1.

Use of Cookies

  1.1. The Website makes use of Cookies.
  1.2. Cookies serve several useful purposes for the User, including:
    1.2.1. granting the User access to restricted content;
    1.2.2. tailoring the Website’s functionality to the User by letting the Website remember the User’s preferences, location or device type;
    1.2.3. improving how the Website performs;
    1.2.4. allowing third parties to provide services to the Website; and
    1.2.5. helping Tongaat Hulett deliver targeted advertising where appropriate in compliance with the applicable laws.
  1.3. The Website uses different types of Cookies. Some of these Cookies are placed by Tongaat Hulett, while others are placed by Tongaat Hulett’s third-party plug-ins, suppliers or advertisers. These Cookies may be deleted from the User’s device at different times, such as at the end of the User’s browsing session (when the User leaves the Website) or after a pre-set amount of time, or they may persist on the User’s device until deleted.
  1.4. The User’s internet browser generally accepts Cookies automatically, but the User can often change this setting to stop accepting them. The User can also delete cookies manually.
  1.5. Deleting or no longer accepting Cookies may prevent the User from accessing certain aspects of the Website where Cookies are necessary or cause the Website to forget the User’s preferences. Deleting Cookies may not prevent the User from seeing advertisements on the website, but such advertising may be less relevant to the User.
  1.6. Some of Tongaat Hulett’s business partners use their own cookies or widgets on the Website. Tongaat Hulett has no access to or control over them. Information collected by any of those Cookies or widgets is governed by the Privacy Statement of the company that created it, and not by Tongaat Hulett.

2. 

Definitions

  Unless the context indicates otherwise, the following words, terms or expressions shall have the meanings assigned to them hereunder in this document and cognate expressions shall have corresponding meanings:
  2.1. Cookie” means small text files that Tongaat Hulett may place on the User’s device when the User visits the Website, which text files do not contain personal data, but they do contain a personal identifier allowing Tongaat Hulett to associate the User’s personal data with a certain device;
  2.2. Parties” means the User and Tongaat Hulett, and, “Party” means any one of them as indicated by the context;
  2.3. Statement” means this Privacy Statement and Use of Cookies;
  2.4. Tongaat Hulett” means Tongaat Hulett Limited, registration number 1892/000610/06;
  2.5. User” means any person who visits the Website and includes potential, past and existing Users whether individuals, close corporations, companies, bodies corporate, trusts and any person in a representative capacity such as members, shareholders, directors, trustees and beneficiaries;
  2.6. User Acceptance Date” means the date on which the User visits the Website and clicks the accept button when prompted to do so in relation to this Statement;
  2.7.  Website” means the internet domain registered as and found at www.tongaat.com.