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PRIVACY NOTICE

INTRODUCTION

1. Bakwena Toll Concessions (Pty) Ltd., herein after being referred to as ‘Bakwena’ including its legal entities and subsidiaries, has its head office at Southdowns Office Park, Ground Floor Block A, 22 Karee Street, Irene, Centurion.

2. The Protection of Personal Information Act, No. 4 of 2013 (POPIA) requires that when processing Personal Identifiable Information, the Responsible Party should give effect to the constitutional right of Data Subjects (the person from whom information is being collected) to privacy by safeguarding Personal Identifiable Information subject to justifiable limitations that are aimed at balancing the right to privacy against other rights particularly the right of access to information, the protection against the unlawful collection, retention, dissemination and use of personal information.

3. As part of our commitment to safeguard our clients’ personal information and continue to comply with the law, our processing activities involving personal information are aligned to the provisions of POPIA.

4. This Privacy Notice sets out how your personal information will be used by Bakwena and applies to any information, including personal and special personal information, you give to Bakwena or which Bakwena may collect from third parties.

5. It is important that you read this Privacy Notice carefully before submitting any personal information to Bakwena. Please do not submit any personal information to Bakwena if you do not agree to any of the provisions of this Privacy Notice.

WHAT IS PERSONAL INFORMATION?

6. Personal information includes any information that enables Bakwena to identify you as a unique individual, such as your name and surname in combination with your address, contact details and/or passport/identity number. This information may include:

• • Your gender as may be required for statistical purposes or by law;
  • Your marital status, nationality or social origin;
  • Your age, physical or mental health and well-being, disability, religion, conscience, belief, culture, and language;
  • Your education or any medical conditions;
  • Your financial information (like your income and expenses, loan repayments, investments, assets or your financial needs);
  • Any identifying number, symbol (like account, identity or passport numbers);
  • Your email address, physical address or telephone number (as this may be needed for us to communicate with you);
  • Your location and online identifiers [this can be Internet Protocol (IP) addresses or geolocations]
  • Your employment history (this is specifically relevant when you apply for a position at Bakwena);
  • Your biometric information (e.g. photograph, video, fingerprints, and facial or voice recognition); and
  • Your personal opinions or views.

7. There may be circumstances in which we will collect special personal information such as:

• • Your race or ethnicity (as required by law and for statistical purposes);
  • Criminal behaviour where it relates to the alleged commission of any offence; or any proceedings regarding any offence allegedly committed by you, or the disposal of such proceedings (such as during the investigation of an alleged crime committed or an accident on our road network);
  • Such other personal information, as may be required as in the delivery of Bakwena’s corporate social responsibility programmes.

The collection and processing of your special personal information will only happen with your consent, if this is necessary to establish, exercise or defend a right or obligation in law, to comply with a law, for historical, statistical or research purposes or if it is otherwise lawful to do so.

WHY DOES BAKWENA COLLECT AND PROCESS YOUR PERSONAL INFORMATION?

8. Processing of personal information includes any initial processing that Bakwena does when we first collect your personal information. It also includes any further and ongoing processing that Bakwena is allowed to carry out legitimately in terms of the reasons listed in paragraph 7 above. The term ‘processing’ includes collecting, using, altering, merging, linking, organizing, disseminating, storing, retrieving, disclosing, erasing, archiving, destroying or disposing of personal information.

9. Bakwena will only collect and process personal information in line with the purpose for which you provided to us, or to enable us to comply with the requirements of specific laws that we are governed by.

10. Bakwena may process your personal information in order to protect your or our legitimate interests. Bakwena will not collect and process personal information about you that we do not need for this purpose. The general purposes for which Bakwena collects and processes your personal information include, but are not limited to:

• • Creating a record of you on our system in order to verify your identity;
  • Provide you with the services you have applied for; and
  • Communicate with and keep you informed about these services in order to better service you as a customer;
  • Identifying you and verifying your physical address and similar information;
  • Further processing for historical, statistical or research purposes where the outcomes will not be published in an identifiable format;
  • Where you have applied for employment at Bakwena, we also perform applicant screening and background checks;
  • Where you are an Bakwena employee (including contractor), we also create an employment record of you on our system to facilitate continuous monitoring during your employment with us;
  • Where you are an Bakwena director, we also create a record of you as a director on our system; and
  • Where you are a supplier to Bakwena, we also process your personal information for due diligence, risk assessment, administrative and payment purposes.

11. Bakwena will not process your special personal information unless:

• • You have consented to Bakwena processing it;
  • It is necessary to exercise or defend a right or obligation in law;
  • It is necessary to comply with an international legal obligation of public interest;
  • It is for certain historical, research or statistical purposes that would not adversely affect your privacy; or
  • You have deliberately made your information public.

12. There are some personal information that you would have to supply if you want Bakwena to provide you with a service or onboard you as an account holder, employee, supplier, director or job applicant. This information can be provided in writing, electronically or telephonically, and must be accurate and complete. If Bakwena does not receive the necessary personal information, we will not be able to continue with your application. If you are already a customer, employee, supplier or director and Bakwena asks you for this information and you do not provide it, Bakwena will have to suspend the provision of the services for a period of time, or as the case may be, even terminate our relationship with you.

13. In most cases, personal information will be collected directly from you, but there may be other instances when Bakwena will collect personal information from other sources. These may include public records; places where you may already have made your personal information public (for example, on social media); credit bureaus; or individuals whom you have appointed as your representative, where you are a juristic person. Bakwena will only collect your personal information from other sources where we are legally entitled or obliged to do so, and you are entitled to enquire from Bakwena as to the sources from which your personal information has been collected, should you so wish.

14. For the purposes outlined in the abovementioned paragraph 10, Bakwena will, in most instances, collect and process your personal information internally. However, there are times when Bakwena needs to outsource these functions to third parties, either within Bakwena or external to Bakwena. Where your personal information is shared internally within Bakwena, such sharing will be carried out only for the purposes outlined in paragraph 10 with Bakwena’s operator PT Operations (Pty) Ltd or with the south African National Roads Agency SOC Ltd as may be required. Bakwena may also need to share your personal information with external organizations such as regulatory or industry bodies, so that we can meet our due diligence or regulatory requirements.

15. Bakwena will not share your personal information with third parties who do not need your personal information, or where Bakwena is not legally permitted to do so. When Bakwena decides to transfer your personal information to third parties, we will only provide it to organizations that have the same data privacy policies as Bakwena or those who are subject to laws relating to the processing of personal information that are similar to those that apply to Bakwena.

16. There may be instances where Bakwena will process your personal information through a secure automated tool.

CORPORATE COMMUNICATIONS & MARKETING

17. As a customer, if you have ‘opted in’ for receiving electronic marketing communications (via electronic media such as SMS or email), Bakwena will market to you using electronic media. However, if you are receiving marketing via electronic media, you have the right to opt out at any time by following the instructions on our website. Bakwena will continue to market to you using electronic means until such time you have opted out.

18. As a non-customer, if you would like to receive marketing information from Bakwena through electronic media, please submit your details to Bakwena in writing.

19. Bakwena reserves the right to amend this statement at any time. All amendments to this statement will be posted on the website. Unless otherwise stated, the current version shall supersede and replace all previous versions of this statement.

COMPLAINTS

20. If you have a complaint relating to the protection of your personal information, including the way in which it has been collected or processed by Bakwena, please consult our Information Manual, which can obtained by either contacting us through our website or alternatively by contacting our head office at the information provided below. If you have not had your complaint dealt with satisfactorily, you may lodge a complaint with the Information Regulator (South Africa) in accordance using the process and forms provided in the Bakwena Information Manual in accordance with POPIA.