Privacy Policy
Calden MCK Enterprises cares about the privacy, security and online safety of our customers’ personal information. We take our responsibility to protect your personal information very seriously. We take every reasonable precaution to protect your personal information (including information about your activities) from theft, unauthorised access and disruption of services.
Important Documents
Calden MCK Enterprises Privacy Notice and Policy
Introduction
Calden MCK Enterprises (‘We’, ‘us’ and ‘our’) cares about the privacy, security and online safety of our customers’ (‘you’ and ‘your’) personal information. We take our responsibility to protect your personal information very seriously. This notice explains how we collect, use, share and protect your personal information, as required by the Protection of Personal Information Act (POPIA). Using our services and any disagreements about your privacy are subject to this notice.
As our business grows and changes, we may need to update this notice to reflect those changes. If changes affect you personally, we will try and contact you directly because it is important to us that you understand at all times how your personal information is used. Please make sure that we always have your latest contact details.
The meaning of processing your personal information
To help you understand this notice, we include the explanations of the terms ‘personal information’ and ‘process’ as used in POPIA:
Personal information and special personal information are any information relating to an identifiable living or juristic person. Some examples are: race, gender, marital status, nationality, age, physical or mental health, disability, language, education, identity number, telephone number, email, postal or street address, biometric information and financial, criminal or employment history.
Process means any operation or activity, whether automated or not, concerning personal information, including: collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation, use, dissemination by means of transmission, distribution or making available in any other form, merging, linking, as well as blocking, degradation, erasure or destruction of information. “Processing” will have a similar meaning.
Why we process your personal information
We have to process some of your personal information in order to provide you with our products and services, and also as required by insurance, tax and other legislation. For example: When you buy one of our services or products, we collect your name, contact information and payment information to complete the transaction.
Your personal information is also gathered through our website and other channels we use to distribute, communicate and deliver our services. We use your personal information in order to do the following:
• identify you
• process your requests or instructions
• manage your policy
• follow the laws of South Africa
• detect and prevent fraud
• offer other products and services to you
Because of the nature of our business, we sometimes use other parties like our service providers and administrators who in turn process your personal information.
When we share your personal information
In order to provide our products and services to you, we may share your personal information with other insurers, industry bodies, credit agencies and our service providers.
These are some examples of when we will share your personal information:
• When required by any regulatory authority, such as The Financial Sector Conduct Authority (FSCA).
• When required by legislation or any legal process.
• To protect and defend our rights and property, including our intellectual property.
• When you have given us direct permission to do so.
We will never sell your personal Information or share it with other parties for their own marketing use, unless you have given us direct permission.
Some information is automatically collected
When you use any of our digital channels like websites and apps, we receive and store information generated by your activities (usage data gathered by cookies) and other information that are automatically collected from your browser or mobile device.
Most of this data is generally not personally identifiable. However, some of this data, either alone or when linked with other information, may allow your identity to be discovered.
We treat this combined data as personal information and we protect it accordingly.
• Cookies are small text files that are created when you view a website. They gather usage data which includes information about the sites you visited, the number of times you visit, the date, time and length of your visit, which products or services you viewed and which areas of the site you visited. We may assign you one or more unique identifiers to help keep track of your future visits.
• Other information automatically collected may include your IP address, browser type and version, preferred language, geographic location, wireless or Bluetooth technology on your device, operating system and computer platform.
Information collected through online advertising
We use service providers (such as Google, DoubleClick and Programmatic Buying) to help us deliver our banner advertisements and other online communications. To understand which types of offers, promotions and advertising are most appealing to our customers, these service providers may collect and use some of your personal information. This information is aggregated and cannot be linked to you.
• Data aggregation is any process in which information is gathered and expressed in a summary form using specific variables such as age, profession, income and interests.
These service providers show Calden MCK Enterprises’s ads on sites on the internet, and they use the information stored in cookies based on your prior visits to Calden MCK Enterprises’s website. If you don’t want your personal information to be used in this way, you can opt out of the use of cookies, by visiting any of the following sites:
• Google at http://www.google.com/policies/privacy/ads/
• Network Advertising Initiative at http://www.networkadvertising.org/managing/opt_out.asp
How we protect your data
We take every reasonable precaution to protect your personal information (including information about your activities) from theft, unauthorised access and disruption of services.
Our security controls are designed to maintain an appropriate level of data confidentiality, integrity, and availability. We regularly test our website, data centres, systems, and other assets for security vulnerabilities.
However, we cannot guarantee the security of any personal information that you willingly disclose online. Please note that we process and collect your personal information when you use our website, contact us electronically or complete a quotation or application form online.
When you use any of our online services, you will be given a username and password. Always keep this information safe and never disclose it to anyone.
Receiving marketing from us We like to keep our customers informed of the latest products and services offered by us and our service providers.
When you buy a new product or service from us, we will ask you what your marketing preferences are. If you do not want to receive marketing from us, you can change your preference on our self-service portal (if you have access) or by contacting us on the details on your policy document or on the details below.
Note that even if you choose not to receive marketing from us, we may still communicate with you regarding things like security updates, product functionality, responses to service requests and for other transactional or administrative purposes.
Accessing, changing or removing your personal information You may ask us to access, change or remove your personal information from our records.
If legislation allows, we may charge an administrative fee, but we will always inform you of any cost before performing your request. Contact us If you have any questions, or you want to update your personal information or preferences, please contact our Privacy Office on the details below: Postal address Physical address Calden MCK Enterprises Insurance – The Privacy Office Calden MCK Enterprises Insurance – The Privacy Office 14 Haakdoring Street Wilro Park Roodepoort 1724 Email: info@caldenenterprises.co.za
Calden MCK Enterprises Website Disclaimer
Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Calden MCK Enterprises’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.
The terms Calden MCK Enterprises or “us” or ‘we” refers to the owner of the website whose registered office is 14 Haakdoring Street Wilro Park Roodepoort 1724 . Our company registration number is 1993/001405/06. The term “you” refers to the user or viewer of our website.
The use of the Calden MCK Enterprises website and the related products and/ or services shall be governed by and construed in accordance with the laws of the Republic of South Africa. Should you apply for any products or services on this website, you consent and submit to the jurisdiction of the courts of the Republic of South Africa in regards to all proceedings, actions, applications instituted by either party against the other and in any way arising from any of the stated terms and conditions.
The information contained on this website is to provide you with information about Calden MCK Enterprises, our products and services. It is subject to change without notice. The information provided on this website should not be treated as investment or professional advice. We do not provide any warranty or guarantee, expressed or implied, as to the accuracy, availability, completeness and suitability of the information and products found or offered on this website for any particular purpose. You acknowledge that such information and products may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
While we have taken care to ensure that the content of this website is accurate and up to date, this website and the services accessible on this website are provided “as is” Your use of any information, products or services on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
Calden MCK Enterprises reserve the right in our sole discretion to amend this website, the products, the information described on this website and the terms and conditions from time to time and you agree that you will review the terms whenever you visit our website for any such amendments. This website contains material which is owned by or licensed to us.
This material includes, but is not limited to, the design, layout, look, logos, and graphics. You are authorised to view and download, print and make copies of such printouts provided that you use the material for personal and non – commercial purposes only.
You may copy the content to individual third parties for their personal use, but only if you acknowledge this website as the source of the information and /or materials.
You may not without Calden MCK Enterprises’s expressed written consent distribute or commercially exploit the content. Calden MCK Enterprises makes no warranty as to the operation, availability or functionality of this website and we further make no warranty that the information and products available on this website are free of viruses, destructive materials or any other data which may corrupt or compromise the operation or content of your computer system, computer network, hardware or software.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Every effort is made to keep this website up and running smoothly. However, Calden MCK Enterprises takes no responsibility for, and will not be liable for the website being temporarily unavailable due to technical issues beyond our control. From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information.
They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
Unauthorised use of this website may give rise to a claim for damages and/or criminal offence.
PAIA MANUAL FOR CALDEN MCK ENTERPRISES INSURANCE
PREPARED IN ACCORDANCE WITH SECTION 51 OF THE PROMOTION OF ACCESS TO INFORMATION ACT,
NUMBER 2 OF 2000 (AS AMENDED) DATE OF COMPILATION: 01/11/2020 DATE OF REVISION:
INTRODUCTION……………………………………………………………………………………………………………………….4
2. PURPOSE OF THIS MANUAL ………………………………………………………………………………………………………4
3. PROCEDURE FOR OBTAINING ACCESS TO INFORMATION……………………………………………………………..5
4. THE INFORMATION OFFICER (SECTION 51(1) (8))…………………………………………………………………………6
5. PROCESSING OF PERSONAL INFORMATION ………………………………………………………………………………..6
6. PROCEDURE FOR REQUESTS ……………………………………………………………………………………………………..6
7. PAYMENT OF FEES …………………………………………………………………………………………………………………..7
8. TYPES OF RECORDS HELD BY CALDEN MCK ENTERPRISES ………………………………………………………………………………………7
9. RECORDS AVAILABLE IN TERMS OF OTHER LEGISLATION………………………………………………………………8
10. GROUNDS FOR REFUSAL …………………………………………………………………………………………………………..9
11. DECISION………………………………………………………………………………………………………………………………10
12. AVAILABILITY OF THE MANUAL………………………………………………………………………………………………..10
13. UPDATING OF THE MANUAL……………………………………………………………………………………………………11
ANNEXURE A PRESCRIBED FEES …………………………………………………………………………………………………….12 DocuSign
The Promotion of Access to Information Act, No. 2 of 2000 (“the Act”) gives effect to the constitutional rights of access to information held by another person and that is required for the exercise or protection of any rights.
If a public body is the requester, the public body must be acting in the public interest. If a request is made in terms of the Act, the body to whom the request is made is obliged to release the information, except where the Act provides that the information may or must not be released.
Requests in terms of the Act must be made in accordance with the prescribed procedures, at the rates provided. The forms and tariffs are dealt with in paragraphs 6 and 7 of the Act.
2. PURPOSE OF THIS MANUAL
1. In this PAIA manual, any reference to “Calden MCK Enterprises” includes any of the entities listed below; a. The Calden MCK Enterprises (Pty) Ltd (Reg No. 2021 / 651077 / 07)
2. This PAIA Manual is intended to ensure that Calden MCK Enterprises complies with the Act and to foster a culture of transparency and accountability within Calden MCK Enterprises Insurance by giving effect to the right to information that is required for the exercise or protection of any right and to actively promote a society in which the people of South Africa have effective access to information to enable them to exercise and protect their rights.
3. To promote effective governance of private bodies, it is necessary to ensure that everyone is empowered and educated to understand their rights in terms of the Act for them to exercise their rights in relation to public and private bodies.
4. Section 9 of the Act recognises that the right to access information cannot be unlimited and should be subject to justifiable limitations, including, but not limited to:
a. Limitations aimed at the reasonable protection of privacy;
b. Commercial confidentiality; and
c. 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.
In addition, this PAIA Manual complies with the requirements of Section 10 of the Act and recognises that upon commencement of the Protection of Personal Information Act 4 of 2013, that the appointed Information Regulator will be responsible to regulate compliance with the Act and its Regulations by Public and Private Bodies. Please note that publication of this manual does not give rise to any rights to access records except as provided for in terms of PAIA.
About this manual: To help you access information, this manual sets out the types of records that Calden MCK Enterprises holds and the process to access these records. This manual is useful to:
• check the types of records Calden MCK Enterprises holds where you must complete the form, as set out in PAIA, and how to submit your request to Calden MCK Enterprises for processing;
• understand the records that Calden MCK Enterprises holds that are available to you in terms of other laws;
• access the contact details of the Information Officer (and Deputy Information Officer, if applicable) who will help you request the records you want to access;
3. PROCEDURE FOR OBTAINING ACCESS TO INFORMATION
Contact details
Any person who wishes to request any information from Calden MCK Enterprises to protect or exercise a right may contact the Information Officer at the following contact details: Calden MCK Enterprises’s registered address Postal Address: Physical Address: Calden MCK Enterprises Insurance 14 Haakdoring Street Wilro Park Roodepoort 1724 Website: www.caldenenterprises.co.za
4. THE INFORMATION OFFICER (SECTION 51(1) (8))
4.1. The Act prescribes the appointment of an Information Officer for Public Bodies where such Information Officer is responsible to, inter alia, assess requests for access to information. The Head of a Private Body fulfils such a function in terms of section 51. Calden MCK Enterprises has opted to appoint an Information Officer to assess requests for access to information as well as to oversee its required functions in terms of the Act. You can access our Privacy Policy on our website www.caldenenterprises.co.za.
4.2. The Information Officer appointed in terms of the Act also refers to the Information Officer as referred to in the Protection of Personal Information Act 4 of 2013. The Information Officer oversees the functions and responsibilities as required for in terms of both this Act as well as the duties and responsibilities in terms of section 55 of the Protection of Personal Information Act 4 of 2013 after registering with the Information Regulator.
4.3. The Information Officer may appoint, where it is deemed necessary, Deputy Information Officers, as allowed in terms of section 17 of the Act as well as section 56 of the Protection of Personal Information Act 4 of 2013. This is to render Calden MCK Enterprises as accessible as reasonably possible for requesters of its records and to ensure fulfilment of its obligations and responsibilities as prescribed in terms of section 55 of the Protection of Personal Information Act 4 of 2013. All requests for information in terms of the Act must be addressed to the Information Officer.
5. PROCESSING OF PERSONAL INFORMATION
Our privacy policy highlights why we process your personal information and how we protect it.
6. PROCEDURE FOR REQUESTS
6.1. In terms of PAIA, the following persons may request access to records held by Calden MCK Enterprises:
6.2. A person requesting information about him/herself;
6.3. An agent requesting information on behalf of someone else;
6.4. A third party requesting information of someone else; or
6.5. A public body requesting information for the exercise or protection of its rights or in the interest of the public. A request for access to a record of Calden MCK Enterprises must be made in the prescribed form to Calden MCK Enterprises at the address, fax, or e-mail address provided above. The form must be addressed to the Information Officer using contact details described above. You can access this form here
Requesters must:
• provide sufficient particulars to enable the Information Officer to identify the record/s requested and must contain the name and contact details of the requester;
• indicate which form of access is required;
• specify a postal address or email address of the requester in South Africa;
• indicate the right exercised or to be protected and why the record is required to protect or exercise the right;
• where they need to be informed of the decision on the request in any other manner, state that manner and particulars to be so informed; and
• if the request is made on behalf of a person, submit proof in the form of an affidavit or signed letter of consent, of the capacity in which the requester is making the request to the satisfaction of the Information Officer.
7. PAYMENT OF FEES
• The Information Officer will notify the requester of the prescribed fee (if any) payable before further processing the request. Should a fee be required, proof of payment must be sent to the Information Officer together with the request.
• A requester seeking access to a record containing their own personal information will not be charged a request fee.
• The schedule of all fees payable for PAIA requests and related access to requested information is attached to this manual as Annexure A.
• If the request is granted the requester will be accordingly notified and a further fee must be paid. This would be for the search, reproduction, preparation, and time that exceed the prescribed hours to search and prepare the disclosure.
8. TYPES OF RECORDS HELD BY CALDEN MCK ENTERPRISES
Requests for access to documents held by Calden MCK Enterprises will be in accordance with the Act.
The following records are available to the requester from the Calden MCK Enterprises office: Human Resources records These include but are not limited to the following:
• Any personal records provided to Calden MCK Enterprises by their personnel;
• any records a third party has provided to Calden MCK Enterprises about any of their personnel;
• conditions of employment and other personnel-related contractual and quasi-legal records;
• internal evaluation records; and other internal records and correspondence.
Customer-related records A customer includes any natural or juristic entity who receives services from Calden MCK Enterprises Customer‐related information includes but is not limited to the following:
Any records a customer has provided to a third party acting for or on behalf of Calden MCK Enterprises; any records a third party has provided to Calden MCK Enterprises; and records generated by or within Calden MCK Enterprises pertaining to the customer, including transactional records. Financial, IT and Operational records This includes but is not limited to the following: Financial records; operational records; databases; information technology; marketing records; internal correspondence; product records; statutory records; internal policies and procedures; treasury-‐‐related records; securities and equities; and records held by officials of Calden MCK Enterprises. Other Parties Calden MCK Enterprises may possess records pertaining to other parties, including without limitation, contractors, suppliers, subsidiary/holding companies, joint venture companies, service providers. Alternatively, such other parties may possess records which can be said to belong to Calden MCK Enterprises. The following records fall under this category:
Personnel, customer or Calden MCK Enterprises records which are held by another party as opposed to being held by Calden MCK Enterprises; and records held by Calden MCK Enterprises pertaining to other parties, including without limitation financial records, correspondence, contractual records, records provided by the other party, and records third parties have provided about the contractors /suppliers.
9. RECORDS AVAILABLE IN TERMS OF OTHER LEGISLATION
Records are available in accordance with the following legislation:
1. Basic Conditions of Employment Act,
2. Companies Act,
3. Compensation for Occupational Injuries & Diseases Act,
4. Electronic Communications and Transactions Act,
5. Employment Equity Act,
6. Financial Advisory and Intermediary Services Act,
7. Financial Intelligence Centre Act,
8. Financial Services Board Act,
9. Income Tax Act,
10. Labour Relations Act,
11. Long Term Insurance Act,
12. National Credit Act,
13. Occupational Health and Safety Act,
14. Pension Funds Act,
15. Promotion of Equality and Prevention of Unfair Discrimination Act,
16. Protection of Constitutional Democracy Against Terrorist and related Activities Act,
17. Protection of Personal Information Act,
18. Short Term Insurance Act,
19. Skills Development Act,
20. Skills Development Levies Act,
21. South African Qualifications Authority Act,
22. Unemployment Insurance Act,
23. Value Added Tax Act.
10. GROUNDS FOR REFUSAL
1. As prescribed in Section 25 of PAIA, justifiable grounds exist for Calden MCK Enterprises to refuse or limit access to information and will inform the requester accordingly. Grounds for refusal include, but are not limited to; 1.1 mandatory protection of the privacy of a third party who is a natural person or a deceased person (section 63) or a juristic, as included in the Protection of Personal Information Act 4 of 2013, which would involve the unreasonable disclosure of personal information of that natural or juristic person;
1.2 mandatory protection of personal information and for disclosure of any personal information to, in addition to any other legislative, regulatory, or contractual agreements, comply with the provisions of the Protection of Personal Information Act 4 of 2013;
1.3 mandatory protection of the commercial information of a third party (section 64), if the record contains:
1.4 trade secrets of the third party; o financial, commercial, scientific, or technical information which disclosure could likely cause harm to the financial or commercial interests of that third party; o information disclosed in confidence by a third party to Calden MCK Enterprises, if the disclosure could put that third party at a disadvantage in negotiations or commercial competition;
• mandatory protection of confidential information of third parties (section 65) if it is protected in terms of any agreement;
• mandatory protection of the safety of individuals and the protection of property (section 66);
• mandatory protection of records privileged from production in legal proceedings; • protection of the commercial information of Calden MCK Enterprises; or
• mandatory protection of the research information of a third party and of Calden MCK Enterprises.
1.5 Requests for information that are clearly frivolous or vexatious, or which involve an unreasonable diversion of resources shall be refused.
1.6 All requests for information will be assessed on their own merits and in accordance with the applicable legal principles and legislation.
1.7 If a requested record cannot be found or if the record does not exist, the Information Officer shall, by way of an affidavit or affirmation, notify the requester that it is not possible to give access to the requested record. Such a notice will be regarded as a decision to refuse a request for access to the record concerned for the purpose of the Act. If the record should later be found, the requester shall be given access to the record in the manner stipulated by the requester in the prescribed form, unless the Information Officer refuses access to such record.
11. DECISION Time Allowed to Institution
• Calden MCK Enterprises will, within 30 (thirty) 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 (thirty) day period within which Calden MCK Enterprises must decide whether to grant or refuse the request, may be extended for a further period of not more than thirty dayshift request is for a large number of information, or the request requires a search for information held at another office of Calden MCK Enterprises and the information cannot reasonably be obtained within the original 30 (thirty) day period.
• Calden MCK Enterprises will notify the requester in writing should an extension be sought. 12. AVAILABILITY OF THE MANUAL The manual is also available for inspection at Calden MCK Enterprises’s office, free of charge, and on the Calden MCK Enterprises website (www.caldenenterprises.co.za
13. UPDATING OF THE MANUAL The head of the Information Office will on a regular basis update this manual.
ANNEXURE A PRESCRIBED FEES 1. PAIA sets out two (2) types of fees, namely, a request fee and an access fee, that are required to be paid prior to Calden MCK Enterprises processing the request for access to a record. 2. A personal requestor, that is a requestor who requests access to a record containing personal information about him/herself, is not required to pay the request fee. Any other requestor will be required to pay the request fee. 3. The access fee in respect of the search, preparation and disclosure of records does not apply to the personal record of a requestor. 4. A request fee of R50.00 is payable up front where a requestor submits a request for access to information other than for personal information relating to the requestor himself/ herself. 5. Where a copy of the record needs to be posted the actual postal fee is payable. 6. Where Calden MCK Enterprises receives a request for access to information regarding a person other than the requestor him/herself and the Information Officer is of the opinion that the preparation of the required record will take more than six (6) hours, a deposit of one third (1/3) of the amount of the applicable access fee will be payable. 7. The applicable fees which will be payable upfront are: ITEM RAND Photocopy of A4-size page or part thereof R 1.10 Printed copy of A4-size page or part thereof held on a computer or in electronic or machine-readable form R 0.75 Copy in computer-readable form on stiffy disc R 7.50 Copy in computer-readable form on compact disc R 70.00 Transcription of visual images, for an A4-size page or part thereof R 40.00 Copy of visual images R 60.00 Transcription of an audio record, for A4-size page or part thereof R 20.00 DocuSign Envelope ID: 774EC97F-A826-476B-B2A5-C6281B98F247 P a g e | 13 Copy of an audio record R 30.00 Search for and preparation of the record for disclosure, for each hour or part of an hour reasonably required for such search and preparation R 30.00
As a law-abiding Corporate Citizen, Calden MCK Enterprises has a duty to comply with the operative provisions of the Protection of Personal Information Act 4 of 2013 (‘POPIA’) which came into effect on 1 July 2020. POPIA is a data privacy law that complements section 14 of the Constitution of the Republic of South Africa, 1996, which provides that everyone has the right to privacy. POPIA prescribes a number of responsibilities and liabilities to entities that control and/or process personal information and defines new roles which include:
· Responsible party: a public or private body or any other person which, alone or in conjunction with others, determines the purpose of and means for processing personal information;
· Operator: a person who processes personal information for a responsible party in terms of a contract or mandate, without coming under the direct authority of that party;
· Data subject: the individual or legal/juristic person to whom personal information relates; and
· Personal information: any information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person.
In light of these regulatory developments, we are in the process of reviewing and updating all the agreements we have with our service providers, business partners and contractors in an effort to ensure that the agreements comply with the requirements mandated by POPIA.
We also want to remind you that as a potential Operator, you are also bound by the provisions of POPIA, which means that you will be required to have adequate processes in place to ensure that all personal information is collected and used appropriately (for the intended purpose), lawfully and transparently.
Organizations have been granted a grace period of one year from the effective date, to normalize and implement the requirements of the law within their risk and compliance frameworks and have to be able to demonstrate compliance by the 1st of July 2021. Given the enormity and scale of the work that lies ahead we encourage you to start rethinking the way your internal processes are designed to be able to meet these new regulatory requirements. In the coming months, we will be engaging you further on what to expect from our POPIA remediation program.