SUMMARY
The purpose of the Protection of Personal Information Act, 4 of 2013 (POPIA) is to promote the protection of personal information being processed by public and private bodies and to introduce certain conditions for the lawful processing of personal information.
Purpose
The purpose of POPIA as it pertains to Blue Bot Recruit is to – give effect to the constitutional right to privacy, by safeguarding personal information when processed by a responsible party, subject to justifiable limitations that are aimed at- balancing the right to privacy against other rights, particularly the right of access to information;”
POPIA must be interpreted in such a manner that –“does not prevent any public or private body form exercising or performing its powers, duties and function in terms of the law as far as such powers, duties and functions relate to the processing of personal information and such processing is in accordance with this Act or any other legislation”
PRIVACY POLICY in terms of the PROTECTION OF PERSONAL INFORMATION ACT, 4 OF 2013
This policy explains how we obtain, process and disclose the personal information of individuals and juristic persons in accordance with the requirements of the Protection of Personal Information Act (“POPIA“).
At BLUE BOT RECRUIT we are committed to protecting our clients’ privacy and to ensure that personal information is collected, processed and disclosed (where applicable) properly, lawfully and transparently.
The information we collect
In terms of the Companies Act, section 187 in toto, and specifically subsection (4), we must- receive and deposit in the registry any documents required to be filed in terms of this Act; make the information efficiently and effectively available to the public, and to other organs of state; perform any related functions assigned to it by legislation, or reasonably necessary to carry out its assigned functions Section 38 of POPIA provides for exemptions in terms of POPIA, in respect of certain functions Personal information processed for the purpose of discharging a relevant function is exempt from sections 11(3) and (4), 12, 15, and 18, in any case to the extent to which the application of those provisions to the personal information would likely to prejudice the proper discharge of that function.
BLUE BOT RECRUIT may collect personal information of data subjects from other sources other than the data subject
The requirement that further processing must be compatible with the purpose of initial collection
BLUE BOT RECRUIT is required to maintain its registers for historical purposes (amongst others), which allows for collected personal information to be retained and processed further if required.
Information is collected either from the data subject directly, or from third parties (i.e. company secretaries, POA authorised persons, etc.) which “consent” is covered in the general consent confirmation when accessing Blue Bot Recruit systems. Where possible we will inform natural and juristic persons what information is required to be provided to Blue Bot Recruit in order to perform its functions and activities in terms of the Companies Act and other relevant legislation as described in schedule 4 of the Companies Act, 71 of 2008.
How Blue Bot Recruit processes the personal information collected
The personal information of natural persons and where applicable juristic persons, will be used for the purpose for which it is collected. In addition, thereto, where necessary, information will be retained for legal, research and governance purposes.
Reasons for collection and retention of personal information
To gather contact information of an identifiable, living, natural person and where applicable an identifiable, existing juristic person; To confirm and verify the identity of a natural person (ID numbers) or juristic person (registration numbers) or to verify that a person (i.e. third parties) are an authorized user of Blue Bot Recruit systems, processes, website, etc.
For the detection and prevention of fraud, criminal activities, money laundering or any other malpractice based in dishonesty; To ensure compliance with the Companies Act and other legislation that the Commission is mandated to govern, i.e. maintain corporate and IP registers; To conduct customer satisfaction, trend development, statistical purposes and historical research or to allow for such research activities to be conducted making use of Blue Bot Recruit data; For audit and record keeping purposes
To provide collected information in connection with legal proceedings and in the prevention, detection and prosecution of offences.
Disclosure of information
The disclosure of personal information to other organs of state and the public in general is governed by the Companies Act, 71 of 2008
In the process of disclosure of personal information, it is important to weigh the public interest against the interference with the privacy of a data subject.
Section 6 of the Protection of Personal Information Act (POPIA) provides for exclusions in terms of which the POPI Act would not apply to the processing of personal information in the circumstances listed.
Such exclusions that are applicable to Blue Bot Recruit include-Information that has been de-identified to the extent that it cannot be re-identified again;
Information that involves national security, including activities relating to financing of terrorist and related activities, defence or public safety;
Provision of personal information in the prevention, detection, including assistance in the identification of the proceeds of unlawful activities
Information provided in the process of investigation or proof of offences, the prosecution of offenders or the execution of sentences or security measures Personal information processed, that relates to the judicial functions of a court referred to in section 166 of the Constitution.
Exemption from conditions for the processing of personal information may be approved by the Information Regulator, if the processing thereof is in the public interest. (Section 37 of POPIA). Public interest includes-
The interests of national security
The prevention, detection and prosecution of offences
Important economic and financial interests of a public body
Historical, statistical or research activity; or
The special importance of the interest in freedom of expression.
Information security
We are legally obliged (in terms of POPIA and other legislation) to take reasonable steps to provide adequate protection for the personal information we hold and to prevent unauthorized access and use of personal information contained on Blue Bot Recruit registers and data basises.
On an ongoing basis (every 12 months), Blue Bot Recruit will review internal security controls and related processes to ensure that the personal information kept on Blue Bot Recruit records, remains secure and data subjects (natural and juristic persons) will be informed of any breaches in accordance with POPIA.
Our security policies and procedures cover the following:
Physical security (files stored off site and in transit);
Computer and network security (protocols in place to safeguard against malware, ransomware, unauthorized access, password security, etc.
Access to personal information in terms of the Promotion of Access to Information Act (PAIA);
Secure communications;
Security in contracting out activities or functions to external service providers (“operators”)
Data sales security
Retention and disposal of information;
Acceptable processing of personal information in terms of POPIA
Governance and regulatory protocols;
Monitoring access and processing of personal information (records of users accessing information via Blue Bot Recruit registers);
Investigating and reacting to security breaches, unlawful access and other security incidents.
Correction of personal information
Every person (natural or juristic) has the right to access their own personal information and to ensure that the information is correct, up to date and accurate, in fact Blue Bot Recruit insists that personal information is reviewed and updated annually, which is made possible by filing annual returns. It is each data subject’s responsibility to keep his or her personal information up to date and accurate.
How to contact us
If you have any queries about the personal information that Blue Bot Recruit processes or need further information regarding our privacy policies and security safeguards, please contact Blue Bot Recruit via
