CONSENT OF CLIENTS AND SUPPLIERS WHOSE PERSONAL INFORMATION IS COLLECTED IN TERMS OF THE PROVISIONS OF SECTION 18 OF THE PROTECTION OF PERSONAL INFORMATION ACT
Please read the following agreement, and then upon reading and understanding the contents thereof, please complete the form at the bottom and click on the submit button to complete the process.
INTERPRETATION
In this Form, unless the context indicates a contrary intention, the following words and expressions bear the meanings assigned to them and cognate expressions bear corresponding meanings –
| 1.1 | AFFILIATES – refers to and includes the following entities – Papilsky Hurwitz Financial Services CC Share Transfers CC AccountEasy Pty Ltd |
| 1.2 | DATA SUBJECT – the person or entity from whom Personal Information is collected for processing by a Responsible Party |
| 1.3 | PAPILSKY – refers to and includes Papilsky Hurwitz Partnership and its Affiliates |
| 1.4 | RESPONSIBLE PARTY – the person or entity that collects Personal Information processing from the Data Subject |
POPIA INFORMATION AND CONSENT
Papilsky Hurwitz and its Affiliates (“Papilsky”) are committed to the Protection and Promotion of the Privacy of our Clients’ Personal Information and to give effect to the Constitutional Right to Privacy and to fulfil Papilsky’s obligations under POPIA.
To promote compliance in terms of POPIA, the parties hereto record and agree as follows:
| 1. | Papilsky will collect Personal Information from our Clients, which shall include, but not limited to: | ||
| 1.1 | Clients and Clients’ Employees | ||
| 1.1.1 | Full/Registered Names | ||
| 1.1.2 | Identity Number and copies of Identity documents including passports | ||
| 1.1.3 | Registration Number of Juristic entities including entity registration documents | ||
| 1.1.4 | Postal and street addresses including copies of utility bills | ||
| 1.1.5 | Contact numbers and/or e-mail addresses | ||
| 1.1.6 | Banking and Financial details including proof of banking details | ||
| 1.1.7 | Nationality | ||
| 1.1.8 | SARS related information and documentation | ||
| 1.1.9 | CIPC related information and documentation | ||
| 1.1.10 | Shareholding and changes thereto and relevant documentation including share certificates | ||
| 1.1.11 | Any other information provided by the Client | ||
| 1.2 | Clients' Employees | ||
| 1.2.1 | Name and contact details | ||
| 1.2.2 | Identity number and identity documents including passports | ||
| 1.2.3 | Employment history and references | ||
| 1.2.4 | Banking and financial details | ||
| 1.2.5 | Details of payments to third parties (deductions from salary) | ||
| 1.2.6 | Employment contracts | ||
| 1.2.7 | Employment equity plans | ||
| 1.2.8 | Medical aid records | ||
| 1.2.9 | Pension Fund records | ||
| 1.2.10 | Remuneration/salary records | ||
| 1.2.11 | Performance appraisals | ||
| 1.2.12 | Disciplinary records | ||
| 1.2.13 | Leave records | ||
| 1.2.14 | Training records | ||
| 1.3 | Suppliers/Other Businesses | ||
| 1.3.1 | Name and contact details | ||
| 1.3.2 | Identity and/or Company Information and Directors' Information and copies of relevant documents | ||
| 1.3.3 | Banking and financial information, including proof of banking details | ||
| 1.3.4 | Information about products or services | ||
| 2. | The Company will collect the Personal Information as required by POPIA from the following sources: | ||
| 2.1 | The client self and | ||
| 2.2 | The Supplier self and | ||
| 2.3 | Publicly accessible platforms and verification agencies | ||
| 3. | All Personal Information will be processed and stored securely. | ||
| 4. | The Client’s/Supplier’s Personal Information will be collected and processed for the following purposes, as and when so required: | ||
| 4.1 | Rendering of Trust and Curatorship Administrative services | ||
| 4.2 | Rendering of Estate Administration Services and Estate Planning | ||
| 4.3 | Rendering of Company Secretarial Administrative Services | ||
| 4.4 | Rendering of Auditing, Accounting and Bookkeeping services | ||
| 4.5 | Rendering of Payroll services | ||
| 4.6 | Rendering of Corporate and Personal Tax Administrative services | ||
| 4.7 | Legally permissible reporting to Regulatory Bodies as and when so required | ||
| 4.8 | Obtaining services and products from Suppliers | ||
| 4.9 | Making payments to Suppliers | ||
| 5. | Papilsky will only use Personal Information collected and processed for the purposes as set out under point 4 above, of which the following are possible Recipients of Personal Information: | ||
| 5.1 | Master of the High Court | ||
| 5.2 | Department of Public Works (Re-instatement of Juristic Entities) | ||
| 5.3 | Department of Social Developments (NPO’s) | ||
| 5.4 | Regulatory and governmental authorities or ombudsmen, or other authorities, including tax authorities, where Papilsky has a duty to share information | ||
| 5.5 | Municipalities | ||
| 5.6 | SAICA | ||
| 5.7 | IRBA | ||
| 5.8 | CIPC | ||
| 5.9 | SARS | ||
| 5.10 | UIF | ||
| 5.11 | Medical Aid Schemes | ||
| 5.12 | Insurance Companies | ||
| 5.13 | Financial Institutions | ||
| 5.14 | Any firm, organisation or person that Papilsky may use to recover debts or to provide a service on its behalf; | ||
| 5.15 | Any firm, organisation or person that/who provides Papilsky with products and/or services; | ||
| 5.16 | Third parties to whom payments are made on behalf of employees; | ||
| 5.17 | Employees and temporary staff | ||
| 6. | The supply of Personal Information is mandatory and failure by the Client/Supplier to provide the required Personal Information to Papilsky may result in Papilsky being unable to perform its duties and or obligations in terms of the requested and/or required service. | ||
| 7. | The Client/Supplier has the right to access, update or amend any Personal Information that is provided to Papilsky. | ||
| 8. | To ensure that the Client’s/Supplier’s Personal Information is protected to the extent required, Papilsky will be required to comply with data protection laws. | ||
| 9. | The Personal Information of the Client collected by Papilsky will be retained for up to a maximum of 10 years from date of the last engagement for the purpose of document retention, contract management and statutory reporting. | ||
| 10. | Papilsky will take all reasonable steps to identify risk associated with the processing of the Client’s/Supplier’s information and establish safeguards against these identified risks. | ||
| 11. | Should there be a breach of the confidentiality of the Client’s Personal Information, Papilsky will take all reasonable steps to ensure that the Client/Supplier is notified thereof. | ||
| 12. | The Client/Supplier has a right to lodge a complaint with the Information Regulator if the Client/Supplier is of the view that its rights in terms of POPIA has been breached. The contact details of the Information Regulator is: | ||
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Telephone Number: 012 406 4818. Address: 33 Hoofd Street Forum II, 3rd Floor Braampark, Johannesburg, 2001. E-mail Address: complaints.IR@justice.gov.za / inforg@justice.gov.za. |
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| 13. | By signing here below: | ||
| 13.1 | the Client/Supplier acknowledges that he/she/it has been made aware of his/her/its rights in terms of POPIA; and | ||
| 13.2 | agrees that acceptance of the terms and conditions contained in this Notification constitutes permission to collect and process the Personal Information of such Client/Supplier as and when so required by Papilsky for the purpose set out at point 4 above. | ||