Privacy

Our Privacy Policy consists of:

Website Terms of Use
Cookie Policy
Vygieshof Privacy Policy
Badisa Privacy Policy

Please note that we are currently updating our Privacy Policy.

Website Terms of Use

1. Terms of Use

Please read these Terms of Use before making use of our website .
These Terms of Use (“Terms of Use”), together with the documents referred to herein, constitute the terms and conditions applicable for use of our website (https://vygieshof.co.za) and/or any social media site we operate (“our website(s)”, “our site(s)”).
Please pay specific attention to paragraphs in Section 9 (Limitations to our Liability). These paragraphs limit the risk or liability of Badisa/Vygieshof. They constitute an assumption of risk or liability by you, and impose an obligation by you to indemnify Badisa/Vygieshof.
Please note that these Terms of Use refer to our Privacy Policy, which sets out the terms on which we process any Personal Information we collect from you or that you provide, and which also applies to your use of our website(s).
If you prefer not to agree to these Terms of Use, we suggest that you contact us by phone or email instead of using our website(s).

2. Information about us

Our website is owned and operated by Vygieshof, a service of Badisa (“Vygieshof”, “Badisa”, “we”, “us”, “our”). For further information about Badisa, please refer to their website, or use the details below to contact them.

	Badisa	Vygieshof
Registered address	Marturia Centre 11 Pastorie Street Bellville Western Cape 7535 (“Premises”).	12 Andries Pretorius Street Calitzdorp Western Cape 6660 (“premises”).
Tel	+27 (21) 957 7130	+27 (44) 213 3490
Email	info@badisa.org.za	vygieshofczd@gmail.com

3. Changes to these Terms

We may change these Terms of Use, or any other term as referred to under these Terms of Use, at any time. The amendments will be applicable as soon as they are published on our website.
Please check the Terms of Use from time to time to take note of any changes, as they are binding on you.

4. Changes to our website

We may update our website from time to time, and may change the content at any time.
We may stop publishing our site(s) at any time, without notice, and will not be responsible for any consequences.
The content on our website(s) is provided for general information purposes only, and it may be out of date at any given time. Although we make reasonable effort to keep the information on our website(s) up to date, we make no representations, warranties or guarantees, whether express or implied, that the content on our website is accurate, complete, free from errors or omissions or up to date.

5. Accessing our website

There is no charge for general access to our website.
We do not guarantee that our website, or any content on it, will always be available or be uninterruptedly accessible.
Access to our website is permitted on a temporary basis.
We may suspend, withdraw, discontinue or change all or any part of our website (including, but not limited to, the services available) without notice to you. We will not be liable to you if, for any reason, our website is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our website, including, but not limited to, mobile data and the costs associated with it.
We do not guarantee that our website, or any portion thereof, will function on any particular hardware or devices. In addition, use of our website may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.
You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.
Our website is directed to people residing in the Republic of South Africa. We do not represent that content available on or through our site is applicable in other locations. We may limit the availability of our website, or any service described on our website, to any person or geographic region at any time. If you choose to access our website from outside the Republic of South Africa, you do so at your own risk and note that we will process your Personal Information as per our local laws.

6. Rights granted to you

Subject to these Terms of Use, we grant you a limited, non-exclusive, non-transferrable and revocable, license to access and use our website and content at any time, solely for your personal, non-commercial use on any device of which you are the primary user.
Any rights not expressly granted herein are reserved by us.

7. Prohibited uses

You may not use our website or content:

in any way that breaches any applicable local, national or international law or regulation;
in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect (including but not limited to harassment of third party service providers);
in any way that encourages any illegal activity, including, but not limited to, promoting or facilitating access to, use of and/or sale of illegal substances, services, information and/or devices;
to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (eg spam);
to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware into our website, or the content used by us or any other users of our website;
to access or attempt to access, without authority, interfere with, damage or disrupt any data or part of our website or the equipment or network on which the website is stored; or
in any way to facilitate or assist any third party to do any of the above.

You may further not:

remove any copyright, trademark or other proprietary notices from any portion of our website or from the services available;
reproduce, copy (directly or indirectly), modify, adapt, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit our website or the services (or any part thereof);
decompile, reverse engineer or disassemble our website or the services, except as may be permitted by applicable law;
cause or launch any programs or scripts for the purpose of scraping, mirroring, indexing, surveying, or otherwise data mining any portion of our website or unduly burdening or hindering the operation and/or functionality of any aspect of our website;
frame our website or any part thereof;
access or use our website or the content through automated means, including through the use of robots, spiders, or offline readers (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of our website or the content and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorised content);
transmit content that the user does not own or does not have the right to publish or distribute; or
attempt to gain unauthorised access to or impair any aspect of our website or its related systems or networks.

Note: E-mail addresses, names, telephone numbers, physical addresses and/or fax numbers published on our website may not be incorporated into any database used for commercial purposes or electronic marketing or similar purposes. The presentation of such details is no “opt-in”/permission from us to utilise same.

8. Intellectual property rights

We are the owner and/or rightful licensee of all intellectual property rights (including but not limited to, concepts, know how, data processing techniques, copyrights, patents, designs (including the website look and feel and layout and photos), inventions, trademarks, tables and compilations of data which are created, invented and/or developed, registered or unregistered) in our website and content and any subsequent services.
Unless specifically stated in these Terms of Use, your use of this website grants no rights to you in relation to our intellectual property rights (or the intellectual property rights of third parties) as they may appear on the website.
You may copy, and may download extracts, of any page(s) from our website for your personal use and to determine whether you wish to use our services or any other services advertised on our website. You may draw the attention of others to content posted on our website or by sharing same via social networks or other means available. Any other use, distribution or reproduction of our content is prohibited unless expressly authorised in these Terms of Use or by law.
You may not modify copies of any materials you have printed or downloaded from our website in any way, and you may not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text or claim that it is yours. Our status as the authors of content on our website must always be acknowledged.
Neither these Terms of Use nor your use of our website or services conveys or grants to you any rights:

in or related to our website except for the limited license granted under clause 6) above; or
to use or reference in any manner our business names, service names, logos, trademarks, designs or services marks or those of our licensors (registered or un-registered).

9. Limitation of our liability

We provide our website to you on an “as-is” and on an “as-available” basis. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our website or any content on it, whether express or implied. In addition, we make no representation, guarantee or warranty regarding the timelines, quality, reliability, suitability, accuracy, correctness or availability of our website or any of our services or activities or other information, or that provided by another user, through the use of our website, or that the use of our website will be uninterrupted or error-free. You agree that it is within your sole discretion to use our website and that the entire risk arising out of your use of our website remains solely with you.
We, our members, affiliates, partners, employees, agents, authorised sub-contractors and/or contributors (where applicable) shall not be liable for direct, indirect, incidental, special, or consequential damages of any kind whatsoever or howsoever caused arising from information made available on (or by means of) our website, other users thereon, or the access or use of our website or the websites of any any third parties.
You agree to indemnify, defend and hold us and our members, affiliates, employees, agents and contributors harmless immediately on demand, from any and all claims, losses, costs and expenses, including reasonable legal fees arising out of any breach of these terms of use by you, or any other liabilities arising out of your use of this website or any other person accessing the website using your personal information.
We will not be liable to you for any default or delay in the performance of our services to you if and to the extent that such default or delay is caused by any act of god, operation of law, war or civil disturbance, labour unrest, court order, or any other circumstance beyond our reasonable control, including fluctuations in communications or utility services (“force majeure”) and provided we are obviously without fault in causing such default or delay, and such default or delay could not have been prevented by us through the use of alternative sources, workaround plans or other means.
Different limitations and exclusions of liability may apply to liability arising as a result of the supply of services by us to you, which will be set out in our service specific terms and conditions.

10. Security

We take reasonable security measures to ensure the safety and integrity of our website and to exclude viruses, unlawful monitoring and/or access to our website. However, because of the nature of the internet, we cannot guarantee that your communications with us via our website are completely secure at all times.
To provide adequate security to all our users, and to monitor activities prohibited under section 86 of the ECT Act, you hereby agree to our right to intercept, monitor, block, read, delete or access all data sent to the website or any of our other communication facilities, for example, email, instant messaging or fax-to-email applications, subject to the conditions as set out under the RIC Act.
It is our policy to virus check documents and files before they are uploaded to our website. However, we cannot guarantee that documents or files downloaded from our website will be free from viruses and we do not accept any responsibility for any damage or loss caused by any such virus. Accordingly, for your own protection, you should use virus-checking software when using this website. Further, you agree not to upload or provide, via our website, any document or file that may contain a virus. You are required to virus check any document or file which you intend to upload or provide to our website.

11. Linking to our website

You may link to our website from your website or other social media pages, but only to our Homepage or page of your service provider, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it or breach any provision of these Terms of Use.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists, or provide a link to our website in any website that is not owned by you.
We reserve the right to withdraw linking permission without notice to you.

12. Content and links in our website

Where our website contains links to other websites and resources provided by third parties, these links are provided for your convenience and information only. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party content. Unless otherwise stated under these Terms of Use, we do not endorse such third party content and in no event shall we be responsible or liable for any information, material, products or services of such third-party providers. Any such links do not imply any endorsement, agreement on or support of the content or products or services of such targeted sites.
Your access and use of the other websites remain solely at your own risk and on the terms set by the relevant third party.
Social Media: You agree that when accessing, using and/or posting or uploading any content or materials of any kind to our social network pages (including but not limited to Twitter, Facebook, LinkedIn, Instagram, YouTube or any other facility made available by us from time to time), you will:
1. not use the social network page’s communication facility in any improper or unlawful manner or in breach of any legislation or licence that applies to you;
2. not harass others or disclose personal information about others that could amount to harassment;
3. not submit publish, post, upload, store, distribute or disseminate any defamatory, infringing, offensive, obscene, indecent, harmful, confidential, hateful, threatening or otherwise illegal or objectionable material or information;
4. not submit, post or upload files that contain software or other material, the intellectual property rights to which are owned by any third party, or which are protected by rights of privacy or publicity of any third party, without having received all necessary consents;
5. not upload files that contain viruses, corrupted files, or any other software or programs that may interfere with or damage the operation of the social network page or any other computer;
6. not impersonate any person or entity, or falsely state or otherwise misrepresent yourself in any way;
7. not promote any activity that is illegal;
8. not use software to harvest information from the social media network page;
9. not submit any material which is prohibited by any applicable data protection or privacy legislation;
10. only upload or submit material to the social network page which either you own or which you have the permission of the owner of that material to submit; or
11. not otherwise submit, post or upload any content or materials or otherwise do anything in breach of the social media networks’ terms of use.
12. abide by the particular social network’s Community Standards (Facebook), Rules and Policies (Twitter), Community Guidelines (Instagram) or any other similar rules and guidelines made available by the particular social network;
You agree that you shall be solely responsible for all content, information or materials of whatever nature or medium that you submit, post, upload, publish or display on or through the social media network page or transmit to or share with other users (“user content”) and you warrant and undertake that you own the intellectual property rights in and to all user content or that you are otherwise entitled to submit the same to the page.
You acknowledge and agree that we may, but are not obligated to, monitor the content (including the user content) on the social media network page(s) and may delete or remove from the said page immediately without notice any user content or any other content of whatever nature, for any or no reason, including without limitation, if such content in our absolute discretion is in breach of any of the rules or guidelines made available or in breach of these Terms of Use.

13. Breach, suspension and termination

Kindly take note that it is within our discretion to determine whether there has been a breach of these Terms of Use through your use of our website. When a breach occurs, we may take such action as we deem appropriate.
We specifically exclude any liability for our actions taken in response to a breach of these Terms of Use.
All costs, charges and expenses of whatsoever nature which may be incurred by us in enforcing our rights in terms hereof including, without limitation, legal costs on the scale as between an attorney and own client and collection commission, irrespective of whether any action has been instituted, shall be recoverable from you if the above rights are successfully enforced.
The obligations and liabilities of users incurred prior to the termination date of these Terms of Use and/or use of the services shall survive the termination of these Terms for all purposes.
No relaxation or indulgence, by either one of us to the other, shall constitute a waiver of the rights of that person and shall not preclude that person from exercising any rights which may have arisen in the past, or which may arise in future.
Any provision under these Terms of Use, which contemplates performance or observance subsequent to any termination, or expiration of these Terms of Use shall survive any termination or expiration of these Terms of Use and continue in full force and effect.

14. Applicable law and jurisdiction

Please note that these Terms of Use, their subject matter and their formation, are governed by the laws of the Republic of South Africa. The parties further agree to the exclusive jurisdiction of the Western Cape High Court of South Africa (Cape Town), over any dispute that may arise from these Terms and Conditions.

15. Electronic communication and contact

A Data Message is deemed to be sent:
1. by us, at the time shown on such message, or if not so shown, at the time shown on our information system; and
2. by you, at the time when we confirm receipt thereof.
A Data Message is deemed to be received:
1. by us, only when an authorised representative responds thereto (excluding an automated response). Such acknowledgement does not give legal effect to that message, unless specifically indicated by us that it does; and
2. by you, once it enters your information system.
As provided for in terms of Section 11(3) of the ECT Act, all information incorporated by the use of hyperlinks and/or other methods of reference shall form part of these Terms of Use.
Attribution of Data Messages: You agree and warrant that any Data Message sent, from any computer or device that is owned by you or programmed by you, to us, was sent by you.
Expression of Intent for use of our website: For purposes of electronic communications between you and us, no electronic signature is required. The mere browsing of our website demonstrates your intent to be a party to this Terms of Use.

16. Contact us

Please contact us by email at vygieshofczd@gmail.com or phone on 044 213 3490 for:
1. website functionality or any other recommendations;
2. questions or queries about our services or legalities;
Complaints: We kindly request that, should you have any other complaints or issues, you contact us before posting on social media or involving any other parties. It is important to us that you are satisfied with your enquiry.
Legal Documentation or Notices (hopefully this will never be required): please use our physical address (clause 2 above);
If we are required to send you any legal documents or notices you agree that we can send these via electronic mail to your email address, or by written communication (registered post) to your address or if delivery to the aforesaid addresses is not successful, then such contact details we may find about you on the Internet.
Any notice to you, or us, which is:
1. sent by prepaid registered post in a correctly addressed envelope to the address specified for it under clause 2) above, shall be deemed to have been received, unless the contrary is proven, within 10 (ten) days from the date on which it was sent;
2. delivered by hand, shall be deemed to have been received on the day of delivery, provided that it has been delivered to a responsible person during ordinary business hours; or
3. sent as a data message to the addressee shall be deemed to be received as per clause 15) above.
Notwithstanding anything to the contrary herein, a written notice actually received by you or us, including a notice sent by email, shall be an adequate notice to it notwithstanding that it was not sent or delivered to the chosen address.

17. Definitions

Content means any information, content, images, video, audio, data, works of authorship, materials, software or technology which may be displayed on, incorporated into, underlying, or used to operate our website.
Data Message shall have the same meaning attributed to it in terms of the ECT Act.
ECT Act means the Electronic Communications and Transactions Act, Act 25 of 2002.
Personal Information shall have the same meaning attributed to it in terms of the POPI Act.
POPI Act means the Protection of Personal Information Act, Act 4 of 2013.
RIC Act means the Regulation of Interception of Communication and Provision of Communication Related Information Act, Act 70 of 2002.
Services means the services as reflected on our website and promoted via other sites of ours (if any).
Users mean users of our website (including you!).

Cookie Policy

Introduction

Our policy is to keep cookies to a minimum. We do this by, amongst other things, not allowing third party advertising and not making use of a Contact Us form.

Our website, https://www.vygieshof.co.za (“website”, “site”) currently uses only cookies which are necessary for the basic operation of our site. These temporary (session) cookies are deleted when you close your browser after visiting our site.

What are cookies?

When a user opens a website, a web server creates small blocks of data which are placed on the user’s device by the user’s web browser. These small blocks of data are called cookies, web cookies, internet cookies, or http cookies . There are different types of cookies which fulfil different functions.

Types of cookies

Strictly necessary cookies are required for the effective and secure use of a website.
Analytical cookies are used to recognise users visiting a website and monitor how users interact with it.
Functionality cookies are used to recognise users so that that visits can be personalised.
Targeting/marketing cookies are used for tracking and marketing.

Cookie consent

In order to protect online privacy, legislation requires that websites get consent from visitors to store or retrieve user information on/from a computer, smartphone or tablet. Users must be made aware of how information about them is collected and used online, and they must be given the choice to allow this or not.

Strictly necessary cookies do not require consent. Our website currently only uses strictly necessary cookies, which do not require consent. However, we recommend that users check from time to time for updates to our cookie policy, as this may change in the future.

Cookies we currently use

Name	Description	Type	Domain	Duration	Secure	Consent required
wordpress_test_cookie	checks if the user’s browser supports cookies.	necessary	vygieshof.co.za	session	yes	no

Enabling/disabling and deleting cookies

You can use your internet browser to disable and/or delete cookies. You can also specify which cookies may or not be placed. Another option is to change the settings of your internet browser so that you receive a message each time a cookie is placed. For more information about these options, please refer to the instructions in the Help section of your browser.

Please note that our website may not work properly if all cookies are disabled.

More information about cookies

There are many websites that provide detailed information about cookies and data privacy laws. Please note that these websites use cookies as well!

https://popia.co.za/

https://en.wikipedia.org/wiki/HTTP_cookie

Contact details

If you have any questions about our Cookie Policy, please contact us at vygieshofadm@gmail.com

Privacy Policy

At Vygieshof we respect your privacy and are committed to protecting your Personal Information. This policy (“policy”) explains your privacy rights and how we process Personal Information.

It is important that you read this policy, together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing Personal Information about you, so that you are fully aware of how and why we are using your information. As a program of Badisa, we are also subject to Badisa’s Privacy Policy.

Reference to “consent”, “your consent” or “your explicit consent” shall include the ticking of a tick box or clicking on a “subscribe” button or “send” button or sending a reply by email after we have made available our Privacy Policy to you.

1. Important information and who we are

a) Responsible party

Vygieshof Tehuis/Old Age Home (“Vygieshof”, “we”, “us” or “our”) is the responsible party when we:
1. engage with you as a user of our website or social media sites (“sites”);
2. provide our services to you or any other third party;
3. collect Personal Information from you.
We have appointed an Information Officer (IO) who is responsible for overseeing questions in relation to this Privacy Policy. If you have any questions about this Privacy Policy, including any requests, please contact the IO using the contact details below.
You have the right to make a complaint at any time to the Information Regulator’s office (IR), the Republic of South Africa’s authority for data protection issues (https://www.justice.gov.za/inforeg/). We would, however, appreciate the chance to deal with your concerns before you approach the IR, so please contact us in the first instance.
As a program of Badisa, Vygieshof follows Badisa’s legal regulations. Please refer to Badisa’s Privacy Policy for more information.

b) Contact details

Information Officer (IO): Geraldine Pretorius (Manager of Vygieshof).

Phone: +27 (21) 957 7130

Email: vygieshofczd@gmail.com

c) Changes to the Policy and your duty to inform us of changes to your Personal Information:

We keep our Policy under regular review. This version was last updated as per the date in the footer. Archived versions can be obtained by contacting us. Any changes made to our Policy in future will be posted on our website. The new version will apply the moment it is published on our website.
It is important that the Personal Information we hold about you is accurate and current. Please keep us informed if your Personal Information changes during your relationship with us.

d) Third-party links

Our sites may include links to Third-party websites, plug-ins, and applications. Clicking on those links or enabling those connections may allow Third parties to collect or share data about you. If you disclose your Personal Information to a Third-party, such as an entity which operates a website linked to this website or our social media sites, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD-PARTY. This is because we do not regulate or control how that Third-party uses your Personal Information. You should always ensure that you read the privacy policy of any Third-party. When you leave our website, we encourage you to read the privacy policy of every website you visit.

2. The data we collect about you

a) Personal Information means the information as per the Definitions. Personal Information does not include data where the identity of the data subject has been removed (anonymous/de-identified data).

b) Processing has the meaning described in the Definitions below.

c) We may process the following different kind of Personal Information:

Identity Data includes first name, last name, username or similar identifier, title, date of birth and gender.
Contact Data includes billing address, delivery address, email address and telephone numbers.
Special Personal Information includes religious, biometric, criminal record and health information.
Transaction Data includes details about payments/ donations from you and other details of services you have requested from us or accessed on our website.

d) Submission of Personal Information on behalf of another: If you provide information on behalf of someone else, then it is your responsibility to obtain the necessary consent from the person/ user before making the Personal Information available to us. On receipt of Personal Information, we assume that the necessary consent has been obtained and will process the Personal Information as per your instructions. By submitting such Personal Information on behalf of another person/ user, you indemnify us against any Third-party claim, where such Third party claim relates to Personal Information that has been processed without the necessary consent or other available exception allowed by law.

e) If you fail to provide Personal Information: Where we need to collect Personal Information by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with services (including services for no charge)). In this case, we may have to cancel a Service you have with us, but we will notify you if this is the case at the time.

3. How is your personal information collected?

a) We use different methods to collect data from and about you through direct interactions. You may directly provide us with your Personal Information when you: –

subscribe to our newsletter or blog (if any);
engage with us via Zoom, Skype or any other video conferencing facility;
access any of our facilities/ offices/ premises;
apply/ sign up for any of our services and/or Projects/Programs (subject to the specific service terms and conditions);
completion of a COVID19 questionnaire;
attend any of our events or volunteer at any of our events/ facilities or appear as a champion to offer your expertise;
give us feedback; or
contact us via any social media sites’ messaging platforms we may subscribe to.

4. Cookies

Please refer to our Cookie Policy.

5. How we use Personal Information

a) We will not sell Personal Information. We will only use Personal Information within the framework of the law. Most commonly, we will use your Personal Information in the following circumstances:

Where the Data Subject or Competent Person (on behalf of a Child) has given us Consent; or
Where we need to conclude a contract or perform in accordance with any contract with a person; or
Where it is necessary for the protection of the Data Subject’s legitimate interest;
Where it is necessary for our legitimate interests (or those of a Third party) and the interests and fundamental rights of a Data Subject does not override those interests; or
Where we need to comply with a legal obligation.

b) Generally, we do not rely on Consent only as a legal basis for processing your Personal Information although we will obtain Consent before sending Third-party direct marketing communications to a Data Subject by way of electronic communications. A Data Subject has the right to withdraw Consent to marketing at any time by contacting us.

c) Purposes for which we will Process Personal Information:-

We have set out below, in a table format, a description of all the ways we plan to use Personal Information (not limited to), and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may Process Personal Information for more than one lawful ground depending on the specific purpose for which we are using the Personal Information. Please contact us if you need details about the specific legal grounds we are relying on to process your Personal Information where more than one ground has been set out in the table below.
Note that we process Special Personal Information strictly in accordance with the POPI Act.

Purpose/Activity	Type of data	Lawful basis for processing including basis of legitimate interest
(a) To send Badisa communications / newsletter to customer/donor/sponsor. (b) To sign you up for our newsletter (if any) (as a non-customer of Badisa) (c) To sign up for our events/ or as a volunteer/ champion offering your expertise	(a) Identity (b) Contact	Existing customer/donor/sponsor (as per POPI Act) of Badisa Consent
To register you as a participant / volunteer /champion in one of our Projects/Programs and to manage the relationship	a) Identity (b) Contact (d) Special Personal Information	Consent Performance of a contract with you Necessary for our legitimate interests (to recover debts due to us)
To register a Data Subject to a Project/Program	(a) Identity (b) Contact (d) Special Personal Information	Consent To protect the legitimate interest of the Data Subject
To process and assist with payment for donations : (a) Manage payments, fees and charges (b) Collect and recover money owed to us	(a) Identity (b) Contact (c) Financial (d) Transaction (e) Marketing/ Communications (f) Technical	(a) Consent (b) Performance of a contract with you (c) Necessary for our legitimate interests (to recover debts due to us) Take note that we do not directly process Financial Data which will be processed by PayFast and subject to their terms and conditions (see www.payfast.co.za)
To manage our relationship with our Projects/Programs as Responsible Parties (a) To provide the necessary support for the Projects/Programs; (b) To make financial contributions (c) Notifying the Projects/Programs about changes to the Badisa services (d) Notifying you about changes to our terms or Privacy Policy or service terms and conditions	(a) Identity (b) Contact (c) Financial (d) Transaction	(a) Consent (b) Performance of a contract with the Projects/Programs (c) Necessary to comply with a legal obligation (c) Necessary for our legitimate interests (to keep our records updated and to study customers’ use of our services)
To follow our COVID19 protocol and determine whether you can be allowed on to our premises	(a) Identity (b) Contact (c) Special Personal Information	(a) Consent (b) Necessary to comply with a legal obligation (c) Necessary for our legitimate interests and the interest of other persons on the premises
(a) To monitor our premises for security purposes (b) To monitor the wellbeing of participants while enrolled in our programmes	(a) Identity (b) Special Personal Information	(a) Your consent (for observation purposes, special consent when required) (b) Necessary for our legitimate interests (to keep our records updated and to study customers’ use of our services
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)	(c) Technical	(a) Necessary for our legitimate interests (for running our organisation/website, provision of administration and IT services, network security, to prevent fraud) (b) Necessary to comply with a legal obligation
To use data analytics to improve our website, services, marketing, customer relationships and experiences	(a) Technical (b) Usage	Necessary for our legitimate interests (to define types of customers for our services, to keep our website updated and relevant, to develop our services and to inform our marketing strategy)
To assist Emergency Services (External Third Party)	Identity Contact Special Personal Information	(a) Necessary for the protection of the data subject’s (parent/ guardian or child) legitimate interest (b) Necessary for the protection of Badisa’s legitimate interest

d) Direct Marketing: We strive to provide you with choices regarding certain Personal Information uses, particularly around direct marketing and advertising.

More information about our services
1. Once you have utilised any of our services (i.e. enrolled in one of our Projects/Programs or applied to be a volunteer / contributor or champion) you will be seen as a customer of Badisa.
2. As a customer we may use your Identity, Contact, Technical and Usage Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which services and offers may be relevant for you (we call this marketing).
3. As a customer you will receive direct marketing communications and other updates from us if you have not opted out of receiving that marketing. Important: you may ask us on submission of your Identity, and Contact information not to send you the above-mentioned information. At any time, subsequent to our initial engagement you can make use of the opting out options under par. iv) below;
Not a customer of Badisa yet:
1. We may collect through one of our employees / members, or through our mailing system, your email address, however;
2. Before we use same for any direct marketing purposes, we will ask you for consent (opt-in) prior to sending you direct marketing material.
Third-party marketing
1. We will get your express opt-in consent before we share your Personal Information with any Third party for marketing purposes.
2. TAKE NOTE: We may provide (without your consent) Third party marketing parties/advertisers with anonymous aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on a specific product or advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in Gauteng). We may make use of the Personal Information we have collected from you to enable us to comply with our advertisers’ wishes by displaying their advertisement to that target audience. IMPORTANT: We do not disclose information about identifiable individuals to our advertisers.
Opting out
1. You can ask us or Third parties to stop sending you marketing messages at any time by using the unsubscribe function on our direct marketing communications or by contacting us at any time requesting to op-out of our marketing services.
2. Where you opt out of receiving these marketing communications, this will not apply to Personal Information provided to us as a result of a product/service purchases, warranty registration, product/service experience or other transactions.
Change of purpose
1. We will only use your Personal Information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
2. If we need to use your Personal Information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
3. Please note that we may process your Personal Information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

6. Disclosure of your personal information

a) We may share your Personal Information with the parties set out below for the purposes set out in the table above.

Internal Third parties as set out in the Definitions. Where we share your Personal Information to our group, we ensure your Personal Information is protected by requiring all our group affiliates to follow this policy when processing your Personal Information.
External Third parties as set out in the Definitions and to those external parties as per your instructions.

(a) We may provide such information to collaborating companies or other trusted businesses or persons for the purpose of processing Personal Information on our behalf.

(b) Where we make use of External Parties to deliver certain parts of the Badisa services, we will conclude a Processing of Personal information/ Operator Agreement with said parties before sharing Personal Information with them.

(c) We may seek to acquire other businesses or merge with them. If a change happens to our organisation, then the new members may use your Personal Information in the same way as set out in this privacy policy.

(d) We require all Third parties to respect the security of the Personal Information we make available to them and to treat it in accordance with the law. We require that these parties agree to process such information based on our instructions and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures.

(e) We do not allow our Third-party service providers to use your Personal Information for their own purposes and only permit them to process your Personal Information for specified purposes and in accordance with our instructions.

(f) Where Personal Information, about the participant, needs to be shared with a doctor or occupational therapist or social worker (as the case may be), we will first obtain the Competent Person’s consent where reasonably possible and where it is not an emergency to protect the legitimate interest of the data subject.

7. International transfers

a) Some of our external Third parties may be based outside the Republic of south Africa (“RSA”) so their processing of your Personal Information could involve a transfer of data outside the RSA.

b) Whenever we transfer your Personal Information out of the RSA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

We will only transfer your Personal Information to countries that have appropriate data protection and privacy legislation to protect your Personal Information.
Where we use certain service providers, we conclude an agreement with them to confirm that your Personal Information is confidential, they can only process on our instructions and that they should establish and maintain appropriate technological and organisational measurements to protect your Personal Information.
Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide protection to Personal Information similar to the conditions under the POPI Act, which we believe are good principles to ensure compliance.

c) By submitting your Personal Information to us you consent to the transfer of Personal Information outside the borders of the RSA (when required).

8. Data security

a) We have put in place appropriate technological and organisational measures to prevent your Personal Information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your Personal Information to those employees, agents, contractors and other Third parties who have a business need to know. They will only process your Personal Information on our instructions and they are subject to a duty of confidentiality.

b) We have put in place procedures to deal with any suspected Personal Information breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

9. Data retention

How long will you use my Personal Information for?

a) We will only retain your Personal Information for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain Personal Information for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

b) To determine the appropriate retention period for Personal Information, we consider the amount, nature and sensitivity of the Personal Information, the potential risk of harm from unauthorised use or disclosure of your Personal Information, the purposes for which we process your Personal Information and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

c) In some circumstances you can ask us to delete your data: see Your legal rights below for further information. d) In some circumstances we will anonymise your Personal Information (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

10. Records

We will keep detailed, accurate and up-to-date written records regarding any Processing of Personal Information we carry out, including but not limited to, the access, control and security of the Personal Information and approved subcontractors, the processing purposes, categories of processing and related safeguards, the instructions as received from our customers and a general description of the technical and organisational security measures and retention and destruction of Personal Information.

11. Social media

a) Our website may, in certain circumstances, provide you with social plug-ins from various social media networks. If you choose to interact with a social network such as Facebook or Twitter (for example by registering an account), your activity on our websites will also be made available to that social network. This is necessary for the performance of your contract with Us which allows you to interact with a social network. If you are logged in on one of these social networks during your visit to one of our websites or are interacting with one of the social plug-ins, the social network might add this information to your respective profile on this network based on your privacy settings. If you would like to prevent this type of information transfer, please log out of your social network account before you enter one of our websites, or change the necessary privacy settings, where possible.

b) Communication, engagement and actions taken through external social media networks that we participate in are custom to the terms and conditions as well as the privacy policies held with each social media platform respectively.

c) You are advised to use social media networks wisely and communicate/engage with them with due care and caution in regard to their own privacy policies (if any). PLEASE NOTE: WE WILL NEVER ASK FOR PERSONAL OR SENSITIVE INFORMATION THROUGH SOCIAL MEDIA NETWORKS AND ENCOURAGE USERS, WISHING TO DISCUSS SENSITIVE DETAILS OR TO RESOLVE ISSUES/CONCERNS, TO CONTACT US THROUGH PRIMARY COMMUNICATION CHANNELS SUCH AS BY TELEPHONE OR EMAIL.

d) Our social media network page(s) may share web links to relevant web pages. By default some social media platforms shorten lengthy URL’s. You are advised to exercise caution and due care before clicking on any shortened URL’s published on social media platforms by this website. Despite our best efforts to ensure that only genuine URL’s are published many social media platforms are prone to spam and hacking and therefore our website and its owners cannot be held liable for any damages or implications caused by visiting any shortened links.

12) Your legal rights

a) Under certain circumstances, you have the following rights under data protection laws in relation to your Personal Information:

Request access to Personal Information (commonly known as a “data subject access request”). There may be a fee associated with this request – see below. This enables you to receive a copy of the Personal Information we may hold about you and that you are entitled to obtain and to verify whether we are lawfully processing it. See the Badisa Promotion of Access to Information Manual (“PAI Manual”).
Request correction of Personal Information. This enables you to have any incomplete or inaccurate data we may hold about you corrected, though we may need to verify the accuracy of the new data you provides to us.
Request erasure of your Personal Information. This enables you to ask us to delete or remove Personal Information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your Personal Information where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your Personal Information to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your Personal Information where we are relying on a legitimate interest (or those of a Third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your Personal Information for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your Personal Information. This enables you to ask us to suspend the processing of your Personal Information in the following scenarios:
1. If you want us to establish the data’s accuracy.
2. Where our use of the data is unlawful but you do not want us to erase it.
3. Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
4. (4) You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your Personal Information to you or to a Third party. We will provide to you, or a Third party you have chosen, your Personal Information in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your Personal Information. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
If you wish to exercise any of the rights set out above, please contact our Information Officer at the details mentioned 1)b) above.
Fee required: Apart from the prescribed fees under the PAI Act, you will not have to pay a fee to access your Personal Information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.
What we may need from you: We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Information (or to exercise any of your other rights). This is a security measure to ensure that Personal Information is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond: We try to respond to all legitimate requests within 30 (thirty) days. Occasionally it could take us longer than 30 (thirty) days if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

13) Subcontractors

a) We may authorise a Third party (subcontractor) to process the Personal Information on our behalf. Where we use sub contractors, we will:

enter into a written contract with the subcontractor that contains terms substantially the same as those set out in this Privacy Policy, in particular, in relation to requiring appropriate technical and organisational data security measures; and
maintain control over all Personal Information it entrusts to the subcontractor;

b) We agree to select subcontractors carefully according to their suitability and reliability.

c) A subcontractor within the meaning of this Privacy Policy shall not exist if we commission Third parties with additional services, that are not an essential part of this Privacy Policy.

d) Where the subcontractor fails to fulfil its obligations under such written agreement, we remain fully liable to you for the subcontractor’s performance of its agreement obligations.

e) We consider Badisa to control any Personal Information controlled by or in the possession of its subcontractors.

f) We undertake to ensure that all subcontractors who process Personal Information of Data Subjects shall not amend, modify, merge or combine such Personal Information and Process same as per our instructions.

14. Definitions

a) Competent Person means any person who is legally competent to consent to any action or decision being taken in respect of any concerning child.

b) Consent means any voluntary, specific and informed expression of will in terms of which permission is given for the processing of Personal Information.

c) Data Subject means the person to whom Personal Information relates and, in this document, refers to you, as the party providing Personal Information that will be processed by Badisa or a relevant Third party.

d) Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your Personal Information for our legitimate interests. We do not use your Personal Information for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

e) PAI Act means the Promotion of Access to Information Act, Act 2 of 2000.

f) Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

g) Personal Information means information as defined under the POPIA.

h) POPIA means the Protection of Personal Information Act, Act 4 of 2013.

i) Processing means any operation or activity or any set of operations, whether or not by automatic means, concerning personal information, including:

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 restricting, degradation, erasure or destruction of information.

j) Projects/Programme: means any of those projects or programmes where Badisa gets involved, either through its own services or financial support.

k) Special Personal Information means information as defined under section 26 of the POPIA (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and biometric information or criminal convictions and offences.

l) THIRD PARTIES

Internal Third parties: Partners, affiliates, employees, members and/ or agents of Badisa, acting as joint Responsible Parties or operators and who are based in South Africa and who may also provide IT and system administration services and undertake leadership reporting.
External Third parties:
1. Service providers acting as operators who provide IT and system administration services.
2. Professional advisers acting as operators or joint Responsible parties, including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.
3. Other applicable and appropriate operators or joint Responsible Parties based in the Republic of South Africa who require reporting of processing activities in certain circumstances.
4. Court of law or any other authority where we have an obligation under law to share your Personal Information.
5. In the event that we sell or buy any business or assets, in which case we may disclose your Personal Information to the prospective seller or buyer of such business or assets.