POPIA Notice

ORMAN BRINK FUTTER CC
(Registration Number: 1989/032201/23)
NOTICE OF COMPLIANCE WITH THE PROTECTION OF PERSONAL INFORMATION ACT 4 OF 2013

Orman Brink Futter CC is committed to processing personal information in compliance with the Promotion of Personal Information Act 4 of 2013 (“POPIA”). 

Our Privacy Policy can be viewed on our website (www.orman.co.za), or requested from our offices by contacting:

Information Officer: Wilfred Marco Orman
Telephone: 082 374 8275
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

1. IMPORTANT TERMS AS DEFINED IN POPIA

1. “Personal Information:” “Information relating to an identifiable, living, natural person and where it is applicable, an identifiable, existing juristic person.”
2. “Data Subject:” “The person to whom personal information relates.”
3. “Responsible Party:” For purposes of this Notice, the Responsible Party is the Orman Brink Futter CC.
4. “Consent:” “Voluntary, specific and informed expression of will in terms of which permission is given for the processing of personal information.”
5. “Processing:” “Any operation or activity or any set of operations, whether or not by automatic means, concerning personal information.”
6. “Record:” “Any recorded information…”
7. “Regulator:” “Information Regulator established in terms of Section 39.”
8. “Special Personal Information:” Personal information of a data subject relating to their religious or philosophical beliefs; race of ethnic origin; trade union membership; political persuasion; health or sex life; biometric information and criminal behavior (to an extent). 

2. NATURE AND PURPOSE OF PERSONAL INFORMATION

1. The nature of the information we process is largely determined by the nature of our business, as well as the obligations imposed upon us by other legislation and general industry practice standards.
2. We collect and process this data mainly for attending to tax-related instructions from clients, such as VAT returns, Payroll Returns and Reconciliations, SARS Verifications, objection and appeals, requests for remission of penalties, SARS practitioner appointments, detail verification and tax registrations.

 Other purposes for collection and processing of personal information include:

1. Performing Independent Reviews, 
2. Accounting Services:
1. Accounts processing on a monthly or bi-monthly basis up to trial balance.
2. Preparation of detailed financial reports for management
3. Compilation of Annual Financial Statements.
3. Record-keeping in terms of applicable legislation (and longer, where we hold consent from the client to do so);
4. Compliance with a legal obligation; and
5. Dealing with employment applications.
6. Due diligence engagements.
7. Deceased estate administration.
8. UIF and COIDA related instructions from clients.
9. Processing all aspects of payroll on behalf of clients.
10. Company statutory services
1. Company registrations, Amendments and De-registrations
2. Trust Registrations, Amendments and De-registrations
3. Filing of Annual Returns and Financial Accountability Supplements

3. DATA PROCESSING PRACTICES

1. Any information provided to us by our clients is treated as confidential.
2. Should it be necessary to further process your data for a purpose beyond that which was originally communicated to you, we will obtain your consent before doing so.
3. Where it is necessary to share the personal information, you have provided to us with a third party, we undertake to limit such information shared to what is needed for a specific purpose.
4. Third parties to whom we provide your personal information are bound to treat such information with the same level of confidentiality and care as we undertake to do.
5. In instances where it is necessary to obtain your personal information from a source other than yourself, we will inform you. 

4. THE PROCESSING OF SPECIAL PERSONAL INFORMATION

1. We will not process your special personal information (as defined in 1.8 above), unless:
1. We have your permission;
2. Processing of such special personal information is necessary to establish, exercise or defend a legal right / obligation; or
3. Processing of such special information is only for historical, statistical or research purposes. 

5. RETENTION PERIOD OF CLIENT PERSONAL INFORMATION

1. By law, we are required to retain client information documents / documents containing client personal data for a minimum period of five (5) years from the date of the last entry.
2. Where we hold consent from the client, documents will be retained for recordkeeping purposes until such consent is withdrawn.

6. SECURITY SAFEGUARDS

1. We undertake to maintain all reasonable and practicable steps, both in relation to physical and electronic records, to guard the integrity of the client personal information under our care.
2. Although we do all we can to avoid unauthorized access to the personal information of our clients, electronically transmitted and stored data always accompanies a certain element of risk. 
3. Should a breach of personal information occur, we will, in compliance with the provisions of the Act, inform the relevant client (data subject) as well as the office of the Information Regulator.
4. Our electronically stored documents are stored on password-protected cloud packages, personal computers, electronic devices, and the physical records in cabinets, which are in turn kept within our locked and alarm-secured building. 

7. THE RIGHTS OF THE DATA SUBJECT

1. As our client, you have the right to:
1. Have your personal information lawfully processed in accordance with the conditions as set out in POPIA;
2. Be notified that your personal information is being collected / has been assessed / acquired by an unauthorized person;
3. Establish whether we hold your personal information;
4. Request access to your personal information from us;
5. Request, where necessary, the correction, destruction or deletion of your personal information;
6. Object, on reasonable grounds, to the processing of your personal information; and
7. Lay a complaint to the Information Regulator or institute civil proceedings.

8. MARKETING

1. In accordance with POPIA, we will not use your personal information for marketing purposes without your consent.
2. Newsletters and website update, amongst other things, will not be sent to you unless you have “opted in” to receive such communication.
3. If you are currently receiving newsletters and other marketing-related communication from us, and should you wish not to receive such correspondence, please inform us and we will remove your details from our mailing list.