PRIVACY POLICY
1. COMMITMENT TO YOUR PRIVACY
1.1. Welcome to the Website of MFSA, owned and operated by MFSA. We are committed to protecting the privacy of the user of the Website. We value the trust of our subscribers and all others who work with it, and we recognise that maintaining your trust requires transparency and accountability in how we handle your Personal Information. This privacy policy is incorporated into and is subject to our standard terms and conditions and the general terms relating to the use of the Website.
1.2. In performing our services in the ordinary course of business, we may collect, use, and disclose Personal Information. Anyone from whom the MFSA collects such information can expect that it will be appropriately and lawfully protected and that any use of or other dealing with this information is subject to consent, where this is required by law. This is in line with the general privacy practices of the MFSA.
1.3. This Policy sets out how we collect, use, disclose, and safeguard the Personal Information it processes in the course of our business.
2. DEFINITIONS
2.1 In this Policy, in addition to the other terms that have been defined in the body of the Policy, the MFSA makes use of the following terms:
2.1.1. "Personal Information" means all information which may be considered to be personal in nature or information about an identifiable natural and / or existing juristic person (where applicable) in terms of the Electronic Communications and Transactions Act 25 of 2002 ("ECTA"), the Consumer Protection Act 68 of 2008 ("CPA") and the Protection of Personal Information Act 4 of 2013 (“POPIA”); and
2.1.2. “User, you, your or yourself” refers to any person who makes use of the Website for any purposes whatsoever, whether or not such use is free of charge or paid for.
2.2. In addition, unless the contrary is specified, terms that are used in the Policy that are specifically defined in POPIA, are given the meanings ascribed to them in POPIA.
4. OBTAINING CONSENT
3. WHAT PERSONAL INFORMATION DOES THE MFSA COLLECT AND WHY?
The MFSA does not, except where otherwise permitted by law, collect, use, or disclose your Personal Information without your consent.
The MFSA may collect Personal Information in conducting its ordinary business operations, including through the use of its website. In processing such Personal Information, the MFSA at all times ensures that (i) it complies with the provisions of POPIA, and (ii) such Personal Information is used for legitimate business purposes.
5. USE AND DISCLOSURE OF PERSONAL INFORMATION
5.1. The MFSA operates its website, and conducts its business in general, in accordance with South African legislation. The MFSA considers it imperative to protect the privacy interests of data subjects.
5.2. In the event that the MFSA sends Personal Information outside of South Africa (including if such information is hosted offshore), the MFSA will ensure that it takes all reasonable steps to ensure that it complies with all applicable laws in this regard, including POPIA.
6. RETENTION OF PERSONAL INFORMATION
All Personal Information retained on the MFSA’s database, including such information obtained through the use of the Website, is in accordance with the retention provisions set out in the applicable laws and regulations of South Africa, including those set out in POPIA.
7. YOUR RIGHTS IN RELATION TO YOUR PERSONAL INFORMATION
7.1. It is important to note that you have rights in relation to your Personal Information.
7.2. You have the right to contact the MFSA at any time to ask us to:
7.2.1. confirm that it holds your Personal Information (at no charge);
7.2.2. provide you access to any records containing your Personal Information or a description of the Personal Information that the MFSA holds about you (subject to payment of a prescribed fee); and / or
7.2.3. confirm the identity or categories of third parties who have had, or currently have, access to your Personal Information (also subject to payment of a prescribed fee).
7.3. The MFSA’s contact information is info@mfsa.net or 012 346 1081.
7.4. When you make a request regarding your Personal Information, the MFSA will take reasonable steps to confirm your identity.
7.5. There may be times when the MFSA cannot grant access to your Personal Information, including where granting you access would (i) interfere with the privacy of others, or (ii) result in a breach of confidentiality. The MFSA will always provide you with reasons if this is the case.
7.6. If you are of the view that any Personal Information that the MFSA holds about you is incorrect in any way, including that it is inaccurate, irrelevant, outdated, incomplete or misleading, you are allowed to ask the MFSA to correct it. If you believe that any Personal Information that the MFSA holds about you is excessive or has been unlawfully obtained, you can ask the MFSA to destroy or delete it. You may do the same if you think that the MFSA has retained if for longer than necessary, given the purpose. The MFSA will do so unless there are good grounds not to (such as that the MFSA is required to hold it for a period prescribed by any applicable legislation).
7.7. It is important, however, to understand that if you withdraw your consent for the MFSA to use some of your Personal Information, it may affect the quality and level of service that the MFSA can provide to you.
8. SECURITY
8.1. The MFSA has adopted a security model to protect your Personal Information that complies with generally accepted information security practices and procedures. As part of the MFSA’s security systems, the MFSA has implemented fire-wall technology, password controls, encryption processes and antivirus software. This is in addition to the physical security measures adopted by the MFSA to ensure that it takes all appropriate, reasonable technical and organisational measures to prevent (i) loss of, damage to, or unauthorised destruction of Personal Information, and (ii) unlawful access to or processing of Personal Information. The MFSA has a stringent security policy in place that every officer, employer, and supplier of the MFSA must adhere to.
8.2. The MFSA confirms that it takes all reasonable measures to:
8.2.1. identify all reasonably foreseeable internal and external risks to any Personal Information in its possession or under its control;
8.2.2. establish and maintain appropriate safeguards against any risks that are identified by the MFSA;
8.2.3. regularly verify that these safeguards are effectively implemented by or on behalf of the MFSA; and
8.2.4. ensure that such safeguards are continually updated in response to new risks or deficiencies in previously implemented safeguards.
9. COOKIES
9.1. The Website uses cookies in a limited way.
9.2. Cookies are small files containing information that a website uses to track a visit by a user. The MFSA uses session cookies to better understand how the Website is used by users to improve the performance of the Website for users, particularly the way search pages are delivered. The MFSA has installed settings on the Website to ensure that session cookies do not remain on your computer at the end of your visit to the Website and cannot be used to obtain any personally identifiable details.
10. THIRD-PARTY WEBSITES
10.1. The Website may contain links to third party websites. In the event that you follow a link to any of these websites, it is important to note that these websites have their own terms of use and privacy policies and that the MFSA does not accept any responsibility or liability for them. If you (i) are a client of the MFSA, or (ii) are a user of the Website, and you have purchased products or services from the MFSA, the MFSA may use your contact details to send you details of any new similar products or services which the MFSA thinks you would be interested in. In doing so, the MFSA will at all times comply with any applicable direct marketing laws.
10.2. Any communications that you do receive from the MFSA pursuant to clause 10.1 will set out how to opt out of receiving future communications from the MFSA, free of charge, if you no longer wish to receive material for any reason whatsoever. The MFSA will only send you marketing messages when you tick the relevant boxes at certain times when engaging with the MFSA.
10.3. As the MFSA is not responsible for any representations, information, warranties and / or content on any Website of any third party (including websites linked to this Website), the MFSA does not exercise control over third parties' privacy policies and the onus is on the User to refer to the privacy policy of any such third party before providing them with any of your Personal Information.
11. UPDATING OF PRIVACY POLICY
The MFSA, in its sole discretion, reserves the right to update, modify or amend this Policy from time to time with or without notice. You therefore agree and undertake to review the Policy whenever you visit the Website. Save as expressly provided to the contrary in this Policy, any amended version of the Policy shall supersede and replace all previous versions thereof.
12. CONTACT INFORMATION
Questions, concerns or complaints related to this Policy or the MFSA’s treatment of Personal Information should be directed to info@mfsa.net.