Consent to process personal information: Practical Insights into Negotiating and Structuring Licensing Deals (26-27 July 2021)

CONSENT TO PROCESS PERSONAL INFORMATION

  1. INTRODUCTION

Southern African Research & Innovation Management Association (“SARIMA”) is committed to protecting your personal information and respects your right to privacy. The Constitution of the Republic of South Africa, 1996, provides that everyone has the right to privacy, and the Protection of Personal Information Act, 4 OF 2013 (“POPI”) provides that the right to privacy includes a right to protection against the unlawful collection, retention, dissemination, and use of personal information.

  1. Section 18 information
    • General

In terms of Section 18 of POPI, SARIMA is obliged to provide you with the information set out in this section 2, when collecting personal information from you.

  • Types of personal information being collected

SARIMA is collecting, will collect or have collected, the following personal information from you:

  • Personal identifiers, such as name, surname, e-mail address, phone number, etc.
  • Contact information, such as e-mail address, phone number, fax number, address, etc.
  • Professional information, such as employer, designation, contact information, etc.
  • Financial information, such as payment information, employer VAT number, bank details, etc.
    • Nature or category of the personal information

SARIMA acknowledges that the information collected from you, is of a personal nature.  Your personal information will be stored electronically in one or more centralised database(s), which, will be accessible to all employees of SARIMA and to voluntary members of SARIMA acting in their capacity as members of the SARIMA Committee. Where appropriate, some information may be retained in hard copy. In either event, storage will be secure and audited regularly regarding the safety and the security of the information.

SARIMA uses secure servers to protect your personal information. All sensitive/credit information is transmitted via Secure Socket Layer technology and encrypted by the payment gateway provider’s database.

  • Purpose

Your personal information is required to register you as a prospective SARIMA service provider or course delegate for projects to be carried out by or on behalf of SARIMA, or training to be provided or facilitated by SARIMA, and to communicate relevant information to you in this regard.

The personal information may also, in future, be used by SARIMA to:

  • notify you of other training programs, webinars, seminars, short courses, events or any other similar activities or services, to be provided or facilitated by SARIMA; and
  • communicate with you on matters involving SARIMA business, including news, accolades and awards, functions, articles, projects, events and the like, whether directly or indirectly associated with SARIMA (including information associated with its members, partners, stakeholders, collaborators or facilitators).
    • Source

The personal information is collected directly from you.

  • Responsible party details

SARIMA is the party that is solely responsible for determining the purpose of and means for processing of your personal information, and its contact details can be found at www.sarima.co.za.

  • Voluntary or mandatory and consequences of failure to provide the information

The personal information is provided voluntarily by you.  However, if you do not provide this information voluntarily it will not be possible for:

  • You to be registered as a SARIMA service provider or course delegate, nor for SARIMA to communicate the relevant details of applicable projects and/or events to you; and
  • SARIMA to engage/communicate with you in the manner and for the purpose set out in 4 above.
    • Legal requirement

SARIMA will use your personal information to comply with any legal and regulatory requirements or industry codes which are applicable.

  • Contractual requirement

Your personal information is required in terms of an agreement between you and SARIMA to register you as a SARIMA service provider or course delegate and to provide you with all notifications and relevant information regarding the business and operations of SARIMA and other projects, training programs, webinars, seminars, events or  any other similar activities or services, provided or facilitated by SARIMA (as set out in detail in section 2.4).

  • Recipients of your personal information

We may need to disclose your personal information to:

  • SARIMA members elected by the SARIMA membership to the SARIMA Committee, to provide strategic direction and oversight and to ensure that the organisation fulfils its purpose and objectives; and
  • other entities with which SARIMA partners, engages, collaborates or cooperates to achieve its objectives and purposes, including third party service providers, agents, and sub-contractors, who are involved in facilitating the provision of SARIMA products or services to you, on the instruction and under the control of, SARIMA.

(collectively, the “Recipients”)

When disclosing information to a Recipient, SARIMA will require the Recipient to take appropriate, reasonable technical and organisational measures to protect your personal information in terms of POPI.

SARIMA may also need to disclose your personal information to others where it has a duty in terms of any law or industry code; or where it is required to protect the legitimate interests of SARIMA, its employees, consultants, or any other person.

  • Cross border transfer

SARIMA is a Southern African organisation.  SARIMA may therefore be required to transfer your personal information to Recipients in other countries, to achieve its objectives and purposes. Where required to do so, SARIMA will transfer your personal information to Recipients located in countries that have similar data protection laws to South Africa. In the event that your personal information is transferred to Recipients which are located in countries that do not have similar data protection laws, SARIMA will enter into a prior agreement with the Recipient to protect your personal information in the same way as SARIMA is obliged to do, in terms of POPI.

  • Access and right to amend

In terms of section 18(1)(h)(iii) of POPI, you have the right to access and the right to rectify your personal information collected by SARIMA.  Please provide SARIMA with accurate and up-to-date personal information as soon as possible after any change to this information.

  • Right to object

In terms of section 18(1)(h)(iv) of POPI, you have the right, at any time, to object to the processing of your personal information as referred to in section 11(3) of POPI.  If you would like to object to the use by SARIMA of your personal information, please send a notice to this effect, to the Information Officer at the address indicated in section 2.6.

  • Right to lodge a complaint

In terms of section 18(1)(h)(v) of POPI, you have the right to lodge a complaint to the Information Regulator, and the contact details of the Information Regulator are:

https://www.justice.gov.za/inforeg/contact.html
JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001
E-mail: complaints.IR@justice.gov.za.

  1. ACKNOWLEDGEMENT AND INDICATION OF CONSENT

By submitting your personal information to SARIMA:

You confirm that you are supplying this information voluntarily, without any undue influence from any party, and not under any duress; and that failure to do so will result in the consequences set out in section 2.7.

You acknowledge your right to access and amend your information (as in 2.12); your right to object to our use of your information (as in 2.13), and your right to lodge a complaint regarding the processing of your information (as in 2.14).  

You indicate your consent to the collection, processing and use of your personal information, on the terms, in the manner and for the purposes, set out herein.