1.1. Purpose of the policy
Owner takes its obligations under the Privacy Act seriously and would like to take all reasonable steps in order to comply with the Act and protect the privacy of the personal information that we hold. This policy sets out how we intend to do so.
1.2. The personal information that the firm collects
Owner may collect and hold some or all of the following personal information from volunteers, employees and participants. Your full name, residential address, phone number and email address. We may contact you by email, telephone or mail using the details you have provided to confirm and verify the information you have supplied
1.3. Why we collect it
Owner collects, uses and discloses the information in accordance with the Collection Statement. The purpose of collecting personally identifiable information is to allow Owner to provide a service to participants and to improve the quality and relevance of the service. This information is only obtained from you when you voluntarily provide it to us. Owner understands the importance of maintaining the confidentiality of information. To ensure our reputation as a professional and efficient organisation of the highest integrity, any information provided by you is treated in strict confidence and shall remain confidential.
If you have any complaints about our privacy practices or wish to make a complaint about how your personal information is managed, please contact us by contacting us through the Contact us form http://www.onmyfeet.org.za/contact/. All complaints will be handled under the Owner Privacy Complaints Policy.
We will take all reasonable steps to protect the security of the personal information that we hold. This includes appropriate measures to protect electronic materials and materials stored and generated in hard copy.
The personal information collected is collected by Owner.
Personal information is collected for the purpose of providing a better service to the participants of the program.
We will not sell your personal information to any third party. We will only disclose your personal information where:
we have your consent to share the personal information. By providing us with your information you consent to allow us to provide such information where we are required by law to do so; we deem it necessary to provide participants with services related to our organisation; we reasonably believe that use or disclosure is necessary to prevent or lessen a serious and imminent threat to an individual’s life, health or safety or a serious threat to public health or safety; or we have reason to suspect that unlawful activity has been, is being or may be engaged in and the use or disclosure of your personal information is a necessary part of any investigation of the matter or in reporting our concerns to relevant persons or authorities.
2.3. Legal reasons why we collect the personal information:
We collect the information in order to comply with our legal obligations under the regulatory or insurance arrangements we have.
2.4. What happens if you choose not to provide the information?:
You are not obliged to give us your personal information. However, if you choose not to provide Owner with the personal detail required we may not be able to provide participants with the services our organisation aims to deliver.
You can gain access to the personal information Owner holds about you. If you wish to do so please refer to our Access Policy or please contact us by contacting us through the Contact us form http://www.onmyfeet.org.za/contact/.
2.6. Sources of information:
Where possible, Owner will collect the information directly from the volunteer, employee or participant.
This policy is directed to those individuals whose personal information is held by Owner.
3.2. Overriding principles:
At all times the conduct under this Policy will be governed by the following principles –
All requests for access will be treated seriously;
All requests will be dealt with promptly;
All requests will be dealt with in a confidential manner;
Your requests to access your personal information will not affect your existing obligations or affect the commercial arrangements between you and Owner.
3.3. Form of Access:
Owner will provide access by allowing you to inspect, take notes of or receive copies or print outs of the personal information Owner holds about you.
You can make your request by contacting us through the Contact us form http://www.onmyfeet.org.za/contact/. To obtain access you will have to provide proof of your identity, to the reasonable satisfaction of the organisation. This is necessary to ensure that personal information is provided only to the correct individuals and that the privacy of others is not undermined.
3.4. When will Access be denied?:
Access will be denied if –
All requests for access will be treated seriously;
the request does not relate to the personal information of the person making the request;
providing access would pose a serious and imminent threat to life or health of a person;
providing access would create an unreasonable impact on the privacy of others;
the request is frivolous and vexatious;
the request relates to existing or anticipated legal proceedings;
providing access would prejudice negotiations with the individual making the request;
access would be unlawful;
denial of access is authorised or required by law;
access would prejudice law enforcement activities;
access discloses a ‘commercially sensitive’ decision making process or information;
any other reason that is provided for in the National Privacy Principles (NPP’s) set out under the Privacy Act.
Where possible, Owner will favour providing access. It may do so by providing access to the appropriate parts of the record or by using an appropriate “intermediary”.
Where there is a dispute about the right or forms of access, these will be dealt with by Owner as deemed reasonable.
We will take all reasonable steps to provide access within 30 working days of your request. In cases where the request is not complicated or does not require access to a large volume of information, we will endeavour to provide information within 14 working days.
3.6. Costs and Charges:
Owner will impose reasonable charges in relation to the following: Photocopying;
Delivery cost of information stored off-site – where information is stored off-site, the cost of obtaining access to the information; Access to electronic databases.
PRIVACY COMPLAINTS: How we handle privacy complaints (for individual clients)
Owner sees the importance of privacy to Owner, its volunteers, participants and other stakeholders. As such, Owner is committed to protecting the privacy of the personal information that we hold. This is part of Owner’s Legal obligations under the Privacy Act 1988.
Ethical and business obligations
Owner places high priority on effectively dealing with any complaints relating to privacy concerns that you may have.
4.2. Overriding principles at all times the conduct under this policy will be governed by the following principles –
All complaints will be treated seriously.
All complaints will be dealt with promptly.
All complaints will be dealt with in a confidential manner.
The privacy complaint will not affect your existing obligations or the commercial arrangements that exist between this firm and you.
4.3. Who may complain under this policy?
If you have provided us with personal information you have a right to make a complaint, have it investigated and dealt with under this policy.
4.4. What is a privacy complaint?
A privacy complaint relates to any concern or dispute that you have with our privacy practices as it relates to your personal information. This could include matters such as –
How personal information is collected;
How personal information is collected;
How personal information is stored;
How this information is used or disclosed;
How access is provided.
4.5. What do I do if I have a complaint about privacy practices?
All complaints should, in the first instance, be in writing. Usually, your contact with the organisation will be the proper person to discuss or resolve your complaint, however, if your privacy complaint is not resolved the matter will then be referred to our HR Co-Ordinator.
All complaints will be logged on a complaints register.
4.6. Grievance procedure
The goal of this policy is to achieve an effective resolution of your complaint within a reasonable set timeframe (30 working days or as soon as practicable). Once the complaint has been made, the point of contact can then resolve the matter in a number of ways –
Request further information – Your initial contact may request further information from you. You should be prepared to give as many details as possible including details of any relevant dates and documentation. This will enable the contact to investigate the complaint and determine an appropriate and useful solution. All details provided will be kept confidential.
Discuss options – We will discuss options for resolution and if you have suggestions about how the matter might be resolved you should discuss these with your contact. The contact could also suggest other solutions or give examples of how the personal information can be revised or stored in a different way. Investigation – The complaint may be investigated. Owner will try to do so as soon as possible. It may be necessary to contact others in order to proceed with the investigation. This may be necessary in order to progress your complaint.
Escalate internally – If your complaint cannot be resolved by the HR Co-Ordinator, it will then be referred to a Director. This will be discussed with you before the referral occurs. Discussion with any other parties – If your complaint deals with the conduct of our volunteers, employees or participants we will raise the matter with the person concerned and seek their comment and input in the resolution of the complaint and investigation stage.
The complaint is resolved – If your complaint is found to be substantiated, you will be informed of the reason for the decision. Owner will then take appropriate steps to resolve the complaint and prevent the problem from recurring.
The complaint is not resolved -If the complaint is not substantiated, or cannot be resolved to your satisfaction, but this policy has been followed, the decision of the Owner will be final. Your contact will discuss with you the reasons for the decision. Disagreement as to outcome – If there is still disagreement your complaint will be dealt with by a mutually agreed independent intermediary.
Further Action If after all the above steps have been followed your complaint is unresolved, you are free to take your complaint formally to the Federal Office of the Privacy Commissioner.
The Group will keep a record of your complaint and the outcome. Such material will be confidentially stored.
4.8. Anonymous complaints
Owner is unable to deal with anonymous complaints as we are unable to investigate properly and follow up such complaints.
However, in the event that an anonymous complaint is received, Owner will note the issues raised and try and resolve them appropriately. For example, Owner may wish to conduct further training or provide assistance in a given area.
For any further information about this policy, please contact us through the Contact us form http://www.onmyfeet.org.za/contact/.