DATE OF LAST REVISION: JUNE 29, 2021
COUNSELLING MS (MONIQUE SCHNEIGANSZ)
PRIVACY NOTICE AND INFORMED CONSENT NOTICE
CONSENT TO PROCESS PERSONAL INFORMATION IN TERMS OF THE PROTECTION OF INFORMATION ACT, 4 OF 2013 (POPIA) & THE EUROPEAN COMMUNITY GENERAL DATA PROTECTION REGULATIONS (GDPR)
(EMAIL, WEBSITE AND SOCIAL MEDIA PRIVACY NOTICE)
The Protection of Personal Information Act, 4 of 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 COUNSELLING MS (MONIQUE SCHNEIGANSZ) website and related resources in respect of data privacy is important to us.
Whilst COUNSELLING MS (MONIQUE SCHNEIGANSZ) is committed to protecting all person’s rights to privacy and who in consequence will ensure that all person’s Personal Information is used appropriately, transparently, and according to applicable law, COUNSELLING MS (MONIQUE SCHNEIGANSZ) has to ensure that these privacy rights are balanced with other rights such as the right to use and have access to the COUNSELLING MS (MONIQUE SCHNEIGANSZ) Information and Services including its online and social media platforms and applications.
This Policy sets out the responsibilities and obligations of all persons who make use of, or access or receive COUNSELLING MS (MONIQUE SCHNEIGANSZ) Information and Communications via its electronic communication facilities and resources including its website, email and social media platforms and how all users of these facilities and resources are to ensure that when using these resources that they respect and process another’s Personal Information lawfully and in accordance with the provisions of POPIA & GDPR.
PLEASE READ THE DOCUMENT BEFORE YOU MAKE USE OF THE COUNSELLING MS (MONIQUE SCHNEIGANSZ) ELECTRONIC FACILITIES OR PROVIDE US WITH ANY PERSONAL INFORMATION. BY PROVIDING COUNSELLING MS (MONIQUE SCHNEIGANSZ) WITH YOUR PERSONAL INFORMATION, YOU CONSENT TO COUNSELLING MS (MONIQUE SCHNEIGANSZ) PROCESSING YOUR PERSONAL INFORMATION, WHICH WE UNDERTAKE TO PROCESS STRICTLY IN ACCORDANCE WITH THIS PRIVACY POLICY.
DEFINITIONS
For the purposes of this Privacy Policy:
1. INTRODUCTION
1.1 COUNSELLING MS (MONIQUE SCHNEIGANSZ) carries out its aims and objectives as an agency, marketer, and sales of holiday accommodation and leisure activities do, and will, on an ongoing basis receive, provide and process Personal Information.
1.2 In terms of a law known as the Protection of Personal Information Act, 4 of 2013 (POPIA) & The European community general data protection regulations (GDPR) everyone has the right to privacy, including the right to the lawful collection, retention, dissemination and use of one’s Personal Information.
1.3 In order to give effect to this right, COUNSELLING MS (MONIQUE SCHNEIGANSZ) is under a duty to provide any person whose Personal Information is processed by it, (known as “The Client”) with several details pertaining to the use of and subsequent processing of The Client’s Personal Information, before such Personal Information may be used or processed by us.
Categories of Information We Collect
1.4 In accordance with this requirement, COUNSELLING MS (MONIQUE SCHNEIGANSZ) sets out below the reasons why it will have to process The Client’s Personal Information, the conditions under which it will receive and use The Client’s Personal Information, how COUNSELLING MS (MONIQUE SCHNEIGANSZ) will use and handle this Personal Information, as well as the conditions under which it will provide its own Personal Information.
2. APPLICATION
2.1 The Privacy Policy of COUNSELLING MS (MONIQUE SCHNEIGANSZ), is applicable to
2.1.1 all COUNSELLING MS (MONIQUE SCHNEIGANSZ) electronic platforms and facilities, including social media, websites and / or email, whether owned by, established by, used by, hosted by and / or accessed by COUNSELLING MS (MONIQUE SCHNEIGANSZ), and
2.1.2 all and any Clients, who may access and make use of the aforementioned COUNSELLING MS (MONIQUE SCHNEIGANSZ) electronic platforms and facilities, including, without detracting from the generality thereof, COUNSELLING MS (MONIQUE SCHNEIGANSZ) employees and staff, consumers and customers, vendors, contractors, service providers and / or other third parties.
2.1.3 all the Personal Information which is owned by COUNSELLING MS (MONIQUE SCHNEIGANSZ), and which is provided to any responsible parties and / or operators because of such person accessing or making use of the COUNSELLING MS (MONIQUE SCHNEIGANSZ) social media and electronic platforms.
3. ACCOUNTABILITY
3.1 COUNSELLING MS (MONIQUE SCHNEIGANSZ) takes the privacy and protection of The Client’s Personal Information very seriously and will only process The Client’s Personal Information in accordance with POPIA & GDPR and the terms of this Privacy Policy.
3.2 In turn where COUNSELLING MS (MONIQUE SCHNEIGANSZ) provides any of its Personal Information to a Responsible Party or Operator, then such person will be required as a condition of receiving such information, to process such Personal Information in accordance with POPIA & GDPR and the terms of this Privacy Policy.
3.3 Accordingly, the relevant data privacy principles relating to the processing of Personal Information, whether that belonging to COUNSELLING MS (MONIQUE SCHNEIGANSZ) or that belonging to The Client (including, but not limited to, the collection, handling, transfer, sharing, correction, storage, archiving and deletion) will apply without exception, save where POPIA & GDPR provides for such an exception, to all and any Personal Information provided by COUNSELLING MS (MONIQUE SCHNEIGANSZ) to another or received by COUNSELLING MS (MONIQUE SCHNEIGANSZ) as a result of the use of the COUNSELLING MS (MONIQUE SCHNEIGANSZ) electronic platforms and facilities.
4. AGREEMENT TO BE BOUND AND CONSENT TO PROCESS
4.1 By accessing or using the COUNSELLING MS (MONIQUE SCHNEIGANSZ) electronic platforms and facilities including all website and URL’s, any sites housed under its domain names and/or social media platforms, and/or when sending or receiving emails using the COUNSELLING MS (MONIQUE SCHNEIGANSZ) email, The Client:
4.1.1 acknowledges that it has read and understood this Privacy Policy and related provisions;
4.1.2 agrees to be bound by this Privacy Policy;
4.1.3 agrees to comply with this Privacy Policy; and
4.1.4 gives COUNSELLING MS (MONIQUE SCHNEIGANSZ) consent to process the required Personal Information for the required purpose, in accordance with this Privacy Policy.
5. RECEIPT, USE AND SHARING OF PERSONAL INFORMATION BY COUNSELLING MS (MONIQUE SCHNEIGANSZ)
5.1 COUNSELLING MS (MONIQUE SCHNEIGANSZ) will receive Personal Information pertaining to a Client when The Client submits a query or request via the COUNSELLING MS (MONIQUE SCHNEIGANSZ) electronic platforms or facilities, including via its website, or by way of email, telephone or via social media.
5.2 On receipt of the request or query, COUNSELLING MS (MONIQUE SCHNEIGANSZ) will thereafter use and process the Data Client’s Personal Information for the purpose of the query and for a variety of related purposes, which will all depend on the query or request, and which without detracting from the generality thereof may include:
The parties agree that:
5.3 In order to correctly handle any request or query, and to perform the purposes described above, COUNSELLING MS (MONIQUE SCHNEIGANSZ) may from time to time share The Client’s Personal Information with the following parties:
5.4 COUNSELLING MS (MONIQUE SCHNEIGANSZ) do not share The Client’s Personal Information with any third parties who have not been described above, unless:
and under all of the abovementioned circumstances, COUNSELLING MS (MONIQUE SCHNEIGANSZ) will take reasonable measures to ensure that such Personal Information is only provided to the recipient, if such recipient undertakes to keep the Personal Information confidential and secure.
5.5 Where COUNSELLING MS (MONIQUE SCHNEIGANSZ) must transfer The Client’s Personal Information across the South African borders, it will before it does so, ensure that the recipient thereof agrees to be bound by POPIA & GDPR under and in terms of a set of binding corporate rules or binding agreements that provide an adequate level of protection and uphold the principles for the reasonable and lawful processing of such Personal Information.
6. RECEIPT, USE AND SHARING OF THE COUNSELLING MS (MONIQUE SCHNEIGANSZ) PERSONAL INFORMATION COUNSELLING MS (MONIQUE SCHNEIGANSZ) on receipt and in response to a query or request received from The Client, referred to under section 5 above, may transmit via its website, or by way of email, telephone or via social media, its own Personal Information, which Personal Information on receipt by the requesting or receiving party, may only be used for the purpose relating to the initiating of the request or query and for no other purpose. Furthermore, the recipient undertakes that it will not use this Personal Information for any other purpose or share this information with any other party, save where it has been given express permission to do so by COUNSELLING MS (MONIQUE SCHNEIGANSZ).
7. INFORMATION QUALITY/OPENNESS/CLIENTS PARTICIPATION
7.1 Whilst COUNSELLING MS (MONIQUE SCHNEIGANSZ) will make all effort to ensure the integrity and accuracy of The Client’s Personal Information, this may always not be possible. Following this, The Client accepts the responsibility for keeping his / her or its Personal Information up to date and undertakes to inform COUNSELLING MS (MONIQUE SCHNEIGANSZ) of any changes to his / her and its Personal Information.
7.2 The Client has a right of access to any Personal Information which COUNSELLING MS (MONIQUE SCHNEIGANSZ) may have and where applicable may ask COUNSELLING MS (MONIQUE SCHNEIGANSZ) to correct any inaccuracies in or to any such Personal Information. Any access request must be done by making a written submission at https://www.counsellingms.co.za
8. SECURITY OF PERSONAL DATA
8.1 COUNSELLING MS (MONIQUE SCHNEIGANSZ) makes all reasonable effort to keep its social media and electronic platforms including its website secure, however, COUNSELLING MS (MONIQUE SCHNEIGANSZ) advises that it cannot guarantee the security of any information provided to COUNSELLING MS (MONIQUE SCHNEIGANSZ) or by COUNSELLING MS (MONIQUE SCHNEIGANSZ) through the COUNSELLING MS (MONIQUE SCHNEIGANSZ) website, e-mail, internet, or social media sites. Following this COUNSELLING MS (MONIQUE SCHNEIGANSZ) cannot be held responsible for any loss or unauthorised use, or interception of information transmitted via these social media and electronic platforms or sites, including its Internet, which is beyond our reasonable control.
8.2 The COUNSELLING MS (MONIQUE SCHNEIGANSZ) website may contain links to other websites outside of our control. COUNSELLING MS (MONIQUE SCHNEIGANSZ) is not responsible for the content, privacy, or security of these other third party-controlled websites.
8.3 COUNSELLING MS (MONIQUE SCHNEIGANSZ) has placed cookies on its website which contacts your / The Client’s device to help make the COUNSELLING MS (MONIQUE SCHNEIGANSZ) social media and electronic platforms website better. We use cookies, web beacons, pixels, or other tracking technology on the Site and in the Services to provide functionality, personalize your experience and recognize you across services or devices. This information includes internet protocol (IP) addresses, location, device type, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, click data, device-identifying data. We may combine this automatically-collected information with other information that you provide us through other channels. When you interact with our social media sites, the social media platform automatically collects information and provides it to us. Read more about our Cookies Policy.
8.4 COUNSELLING MS (MONIQUE SCHNEIGANSZ) makes use of social plugins of social networks such as Facebook, YouTube, Instagram, LinkedIn, Google+ and Twitter. Please note that COUNSELLING MS (MONIQUE SCHNEIGANSZ) has no influence on or control over the extent of the data retrieved by the social networks’ interfaces and COUNSELLING MS (MONIQUE SCHNEIGANSZ) can accordingly not be held responsible or liable for any processing or use of Personal Information transmitted via these social plugins. For information on purpose and extent of the data retrieval by the social network concerned, and about the rights and settings which are available for you to access for the protection of your private information, please refer to the data protection information provided by the social network in question.
8.5 Subject to the provisions above, COUNSELLING MS (MONIQUE SCHNEIGANSZ) has implemented the appropriate technical and organisational security measures which are required to protect all Personal Information and related data which it holds from and/or against unauthorised access, accidental or wilful manipulation, loss, or destruction.
9. THIRD-PARTY INFORMATION AND THAT BELONGING TO MINORS
9.1 If a Data Subject provides COUNSELLING MS (MONIQUE SCHNEIGANSZ) with Personal Information on behalf of another, COUNSELLING MS (MONIQUE SCHNEIGANSZ) will not be able to process the query or request unless such query or request is accompanied by the required permission and consent from the owner of that Personal Information.
9.2 If The Client is under the age of 18, such person’s Personal Information will only be processed if the minor’s parent or legal guardian gives the required consent or permission to the processing of the provided Personal Information.
10. INTELLECTUAL PROPERTY RIGHTS
All the content contained within the COUNSELLING MS (MONIQUE SCHNEIGANSZ) website, including pictures, text, designs, layout design, graphics such as maps and logos are the intellectual property of COUNSELLING MS (MONIQUE SCHNEIGANSZ) and its associated companies and are as such protected by South African and International Intellectual Property Law.
11. CONTACT DETAILS
You can contact COUNSELLING MS (MONIQUE SCHNEIGANSZ) in relation to this Privacy Policy by writing to us at or by calling our practice at 072 731 8305 or email monique@counsellingms.co.za
12. REVISION OF POLICIES
COUNSELLING MS (MONIQUE SCHNEIGANSZ) reserves the right to and may from time to time update this Privacy Notice. Any such revision will be published as an amended version on the COUNSELLING MS (MONIQUE SCHNEIGANSZ) website.
Following this, any change to this Policy will be posted as an updated version and readers are advised to visit and re-read this policy on a regular basis.