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Privacy and Consent Notice

PRIVACY AND CONSENT NOTICE

Consent to Process Personal Information in terms of the Protection of Information Act, 2013 (POPIA)

(Email, Website, and Social Media Privacy Notice)

Download this privacy and consent notice [PDF, 567kb].

1. INTRODUCTION

The Protection of Personal Information Act, 2013 (POPIA) gives effect to the constitutional right to data privacy in terms of Section 14 of the Bill of Rights of the Constitution.

The responsible use of the HARMONY website and related resources in respect of data privacy is important to HARMONY.

POPIA regulates and controls the processing, including the collection, use, and transfer of a person’s personal information.

In terms of POPIA, a person (Responsible Party) has a legal duty to process (collect, use, transfer, and destroy) another’s (Data Subject) personal information (Personal Information) in a lawful, legitimate, and responsible manner and in accordance with the provisions and the 8 processing conditions set out under POPIA.

Unless the processing is:

• necessary to carry out actions for the conclusion or performance of a contract to which the Data Subject is a party; or
• required and complies with an obligation imposed by law on either the Data Subject or the Responsible Party; or
• necessary to protect the legitimate interest(s) of the Data Subject or the Responsible Party; or
• necessary for the proper performance of a public law duty by a public body; or
• necessary for pursuing the Data Subject or the Responsible Party’s legitimate interests, or that of a third party to whom the Personal Information is supplied.

All processing of a Data Subject’s Personal Information must be done with the Data Subject’s permission — i.e., the Data Subject has to consent to the processing of its Personal Information.

Harmony does and will from time to time process Personal Information which belongs to or is held by a Data Subject.

Following this, in order to comply with POPIA, HARMONY, in its capacity as the Responsible Party, requires the Data Subject’s permission to process the Data Subject’s Personal Information.

2. POPIA DEFINITIONS AND INTERPRETATION

This Informed Consent Notice explains and sets out:

• What Personal Information belonging to the Data Subject will be processed by HARMONY.
• Why HARMONY needs the Data Subject’s Personal Information.
• What HARMONY will be doing with the Data Subject’s Personal Information.
• Who HARMONY will share the Data Subject’s Personal Information with.
• What HARMONY will do with the Data Subject’s Personal Information once the purpose for the processing comes to an end.

In order to understand the implications of this document and the objectives of POPIA, the reader is to take note of the following explanatory notes and POPIA definitions which will be used throughout this Informed Consent Notice and which may be used in the interpretation of this document:

“Biometrics” means a technique of personal identification based on physical, physiological, or behavioral characterisation including fingerprinting, blood typing, DNA analysis, retinal scanning, and voice recognition.

“Child” means a natural person under the age of 18 years who is not legally competent, without the assistance of a competent person, to take any action or decision in respect of any matter concerning him or herself.

3. APPLICATION OF THIS INFORMED CONSENT NOTICE

This Informed Consent Notice will apply to Harmony and to the Data Subject, and/or the Data Subject’s Personal Information which is processed or may be processed by Harmony, including any processing of the Data Subject’s Personal Information by any Operators duly appointed by Harmony.

4. PURPOSE FOR THE COLLECTION

In order for Harmony to pursue its business objectives and strategies, Harmony needs to process Personal Information for a number of legitimate purposes, including but not limited to:

• For complying with lawful obligations, such as administrative, financial, and labor laws.
• For performing risk assessments and protecting legitimate interests.
• For making contact with the Data Subject and attending to inquiries or requests.
• For performing internal operations, employee management, and fraud prevention.

5. CONSEQUENCES OF WITHHOLDING CONSENT OR PERSONAL INFORMATION

Should the Data Subject refuse to provide Harmony with the Personal Information required, Harmony will be unable to engage with the Data Subject or enter into any agreement or relationship.

6. STORAGE, RETENTION AND DESTRUCTION OF PERSONAL INFORMATION

The Data Subject’s electronic Personal Information will be stored in a centralized database, accessible to relevant Harmony personnel. Personal Information will be securely archived or destroyed once it is no longer required, in line with legal requirements.

For more information, visit the Harmony website.