The Protection of Personal Information Act 4 of 2013 (POPIA) regulates and controls the collection, use, transfer and processing of an individual or legal entity`s personal information.
In Terms of POPI Act, a “Responsible Part” (in this case Go Auctions) has a legal duty to process a “Data Subject`s Personal Information” in a lawful, legitimate and responsible manner.
In Terms of POPIA, all persons who collect, manage, process, transfer, store and / or retain personal information, whether held under a document, record or in any format, has the responsibility to process such information in accordance with the provisions housed under the POPI Act.
To discharge this duty, Go Auctions require the data subjects expressed and informed permission to process its personal information.
“DATA SUBJECT” means the person to whom personal information relates to.
“INFORMATION OFFICER or COMPLIANCE OFFICER” means the Information/Compliance officer who has been appointed by Go Auctions
“PERSON” means a Natural Person or a Juristic Person
“PERSONAL INFORMATION” means information relating to an identifiable living, natural person and where it is applicable, an identifiable, existing juristic person, incl. but not limited to –
- Information relating to the race, gender, sex, pregnancy, marital status, nationality, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, belief, culture, conscience, language and birth of the person
- Information relating to the education or the medical, financial, criminal or employment history of the person
- Any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person
- The Biometric information of the person
- The personal opinions, views or preferences of the person
- Correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence
- The views or opinions of another individual about the person
- The name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person
“PROCESSING” means any operation or activity or any set of operations, whether or not by automatic means, concerning personal information, incl.
- The collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use
- Dissemination by means of transmission, distribution or making available in any other form, or
- Merging, linking, as well as restriction, degradation, erasure or destruction of information
“RESPONSIBLE PARTY” means 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
What is the Purpose of the Collection of Personal Information?
The purpose for the collection of a Data Subject`s personal information by Go Auctions is to enable Go Auctions to:
- Comply with lawful obligations, incl. all applicable, tax and financial legislation (including compliance with any Consumer Protection Act, The Financial Intelligence Centre Act 38 of 2001 (FICA), the National Credit Act 34 of 2005 (NCA)
- Give effect to a contractual relationship as between the Data Subject and Go Auctions and to ensure the correct administration of the relationship
- Facilitate various operational functions
- Perform data analyses and to share personal information with Third Parties for data analyses, and
- To manage and protect the legitimate interest of Go Auctions, the Data Subject or a Third Party
All personal information which the Data Subject provides to Go Auctions will only be used for the purpose for which it is collected.
CONSEQUENCES OF WITHHOLDING CONSENT OR PERSONAL INFORMATION
Go Auctions will not be able to assist the Data Subject with its requirements or provide it with the requested services should the Data Subject withhold or refuse to provide Go Auctions with the required consent and /or personal information.
STORAGE, RETENTION, DETRUCTION OF INFORMATION
All personal information which the Data Subject provides to Go Auctions will be held and/or stored securely and held for the purpose for which it was collected, as reflected herein. The Data Subject`s personal information will be stored electronically in a centralised data base and will be accessible to authorised personnel within Go Auctions. Where appropriate, some information may be retained in hard copy. In either event storage will be secure and audited regularly to confirm the safety and the security of the information.
Once the Data Subject`s personal information is no longer required, i.e. since the purpose for which the information was held has been completed, such personal information will be safely and securely stored for a period of 5 (five) years per FICA (the Financial Intelligence Centre Act 38 of 2001). Thereafter all the Data Subject`s personal information will be permanently destroyed.
RIGHT TO OBJECT
In terms of section 11(3) of POPIA the Data Subject has the right to object in the prescribed manner to Go Auctions processing the Data Subject`s personal information. On receipt of the Data Subject`s objection, Go Auctions will place a hold on any further processing of the Data Subject`s information until the cause of the objection has been resolved.
WHAT TYPE OF PERSONAL INFORMATION IS COLLECTED?
The type of information that Go Auctions may be required to collect includes:
- Data Subject`s contact name and identity, email addresses, contact telephone numbers, Internet Protocol addresses (IP Addresses), cookie identifiers
- Bank account details, authorised signatory details, information relating to power of attorney arrangements
- Any information that the Data Subject provides to Go Auctions relating to other parties or that other parties provide to Go Auctions in relation to the Data Subject. For example, information concerning bidder ad purchaser details for a property or assets when someone registers to a bid for an auction. Before disclosing information about another party to Go Auctions, consent should first be given by that party.
- Information which the Data Subject has consented Go Auctions to make use of. For example, information allowing Go Auctions to contact and send auction related communications on a periodic basis
- Go Auctions may collect CCTV images at their office locations for security reasons and to help prevent crime or fraud
HOW AND WHEN IS INFORMATION COLLECTED FROM THE DATA SUBJECT
Go Auctions collect information of a Data Subject in the following ways, including but not limited to:
- When an account is set up online via the Go Auctions website or APP
- When registering to participate in an auction
- When the Data Subject requests or consents to be added to Go Auctions marketing database
- When the Data Subject uses Go Auctions website or APP
- When the Data Subject or other parties give Go Auctions information verbally or in writing. This may be in the format of registration forms, attendee viewing sheets, through correspondence with Go Auctions or lodging a complaint or query.
HOW DOES GO AUCTIONS USE/PROCESS THE DATA SUBJECT`S INFORMATION?
Go Auctions makes use of and processes Data Subject`s information in various ways to comply with South African Legal obligations. Ways in which the Data Subject`s information may be made use of are:
- Go Auctions may use the Data Subject`s personal information for matters such as confirming identity, to help in the processing of an application for one of our services or to improve the Data Subject`s customer experience with Go Auction
- To manage and administer the Data Subject`s account
- To process transactions for example invoicing after an auction is completed or where a refund to the Data Subject is required the Data Subject`s banking details will be used
- To contact the Data Subject by telephone, text message, email, post or social media or other means but not in a way that is contrary to the instruction of the Data Subject, legitimate interest or contrary to the law
- To recover debt that the Data Subject may owe and to manage and respond to a complaint or appeal that the Data Subject may have
- To conduct marketing activities such as direct marketing (should it not be objected by the Data Subject to be used) ad research, including customer surveys, analytics and related activities
- To carry out strategic planning and business portfolio management. This could include compiling and processing the Data Subject`s information for audit, statistical or research purposes (including in some instances making data anonymous) to help Go Auctions understand trends in its customer behaviour and to understand risk better, including providing management information, operational and data risk management
- To protect Go Auctions business reputation, resources and equipment, to manage network information and security (developing, testing and auditing our websites) and other systems, dealing with accidental events, unlawful or malicious actions that compromise the availability, authenticity, integrity and confidentiality of stored or transmitted personal data and the security of the related services
- To comply with the Data Subject`s information rights, to establish the Data Subject`s identity and to comply with laws and regulations concerning the prevention of money laundering, fraud and terrorist financing. As a result Go Auctions may need to disclose information to government and other statutory bodies
- To manage and administer legal and compliance matters within Go Auctions, including compliance and regulatory, legislative and voluntary codes of practise to which Go Auctions are committed
WHAT ARE THE DATA SUBJECT`S RESPONSIBILITIES?
The Data Subject is responsible for maintaining the confidentiality of their username, password, banking details and any other security information provided to or chosen by the Data Subject
Go Auctions encourages Data Subjects to:
- Use strong passwords for their website account
- Not share account login detail with any person, and
- Change their password on a regular basis
The Data Subject has a duty for access and computer restriction, or other electronic devices used to access the internet, to any person. The Data Subject shall be liable for any bids placed using their details by a third party, regardless of whether the third party gained access to the Data Subject`s electronic device(s) without the necessary informed consent.
Fraudsters may send invoices to users purporting to originate from Go Auctions or make other requests for payment. If there is ever any reason to doubt the authenticity of an invoice with the name of Go Auctions on it or any payment communication, the Data Subject should enquire if the request is authorised and request Go Auction to confirm if it is a valid invoice.
DOES GO AUCTIONS SHARE THE DATA SUBJECT`S INFORMATION WITH THIRD PARTIES?
Go Auctions will only share information with a certain number of other parties and only as necessary. Examples of information sharing include:
- Statutory and regulatory bodies and law enforcement authorities. These bodies include but are not limited to the following: The Information Regulator (South Africa), Financial Intelligence Centre (FIC), SARS, police authorities and other designated authorities in connection with combating financial and other serious crime.
- Companies that provide support services for the purpose of protecting Go Auctions legitimate interests. Data Subjects personal information remains protected when being used by service providers and it is used for the purpose it is shard for. Go Auctions service providers includes marketing and market research companies, IT and telecommunication service providers, software development contractors, data processors, banking institutions, property contractors, towing services, document storage and destruction companies, debt collection agencies, computer maintenance contractors, auditors and other consultants, including legal advisers
THE DATA SUBJECT`S RIGHT TO REQUEST ACCES TO THEIR INFORMATION FROM GO AUCTIONS
The Data Subject has the right to request a copy of the personal information which Go Auctions holds in its possession. Communication of such a request can be done through all contact details provided below or on the Go Auctions website. Please note that security questions and/or request for identification may be required in order to facilitate this request.
UPDATING OR CORRECTION OF PERSONAL INFORMATION
The Data Subject has the right to request for their personal information to be updated, corrected or deleted. Go Auctions will require a copy of the Data Subject`s Identity Document to confirm their identity before making changes to personal information Go Auctions may hold. The Data Subject is encouraged to provide us with accurate and up to date personal information
GO AUCTIONS INFORMATION OFFICER DETAILS
Should you have any questions pertaining to personal data being collected, stored, shared or processed by Go Auctions or if you wish to exercise any of your data rights , queries can be directed to the Go Auctions Information Officer:
Telephone: (011) 421 0133
Address: 2 Lincoln Road, Benoni, 1501