POPIA Privacy Policy - Call Recording

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South Africa Privacy Policy

1. DEFINITIONS

Client:  any natural or juristic person that received or receives services from Call Cabinet

Conditions for Lawful Processing: the conditions for the lawful processing of Personal Information as fully set out in chapter 3 of POPI and in paragraph 12 of this Manual

Data Subject: the person to whom personal information relates

Information Officer: the individual who is identified in paragraph 3 of this manual

Manual: this manual

PAIA: the Promotion of Access to Information Act 2 of 2000

Personal Information: means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to—

  1. information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person;
  2. information relating to the education or the medical, financial, criminal or employment history of the person;
    any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person;
  3. the biometric information of the person;
  4. the personal opinions, views or preferences of the person;
  5. correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;
  6. the views or opinions of another individual about the person; and
  7. the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person

Personnel: any person who works for, or provides services to or on behalf of Call Cabinet, and receives or is entitled to receive remuneration and any other person who assists in carrying out or conducting the business of Call Cabinet, which includes, without limitation, directors (executive and non-executive), all permanent, temporary and part-time staff as well as contract workers

POPI: the Protection of Personal Information Act 4 of 2013

POPI Regulations: the regulations promulgated in terms of section 112(2) of POPI

Private Body:  means—

  1. a natural person who carries or has carried on any trade, business or profession, but only in such capacity;
  2. a partnership which carries or has carried on any trade, business or profession; or
  3. any former or existing juristic person, but excludes a public body

Processing: means any operation or activity or any set of operations, whether or not by automatic means, concerning personal information, including—

  1.  the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use;
  2. dissemination by means of transmission, distribution or making available in any other form; or
  3. merging, linking, as well as restriction, degradation, erasure or destruction of information

SAHRC:  the South African Human Rights Commission

Any other terms not described herein will have the meaning as ascribed to it in terms of PAIA or POPI.

2. INTRODUCTION

  1. For the purpose of POPI and PAIA, Call Cabinet is defined as a private body. In accordance with Call Cabinet’s obligations in terms of POPI and PAIA, Call Cabinet has produced this manual.
  2. This manual sets out all information required by both PAIA and POPI.
  3. This manual also deals with how requests are to be made in terms of PAIA.
  4. This manual also establishes how compliance with POPI is to be achieved.

3. CONTACT DETAILS

Business Name Call Cabinet Southern Africa (Pty) Ltd

Registration Number 2012/117385/07

Registered Office 76 Lynburn Road, Lynwood Manor, Pretoria 0081

Postal Address P O Box 31602, Kyalami 1684

Contact Number 011 – 554 4450

Information Officer Judith Bowyer

Email address judithb@callcabinet.co.za

4. GUIDE OF SAHRC

  1. A guide to PAIA and how to access information in terms of PAIA has been published pursuant to section 10 of PAIA.
  2. The guide contains information required by an individual who may wish to exercise their rights in terms of PAIA.
  3. Should you wish to access the guide you may request a copy from the Information Officer by submitting ANNEXURE A, attached hereto, to the details specified above.
  4. You may also inspect the guide at Call Cabinet’s offices during ordinary working hours.
  5. You may also request a copy of the guide from Information Regulator at the following details:

Information Regulator:

Postal Address: P.O. Box 31533, Braamfontein, Johannesburg, 2017

Telephone:  (010) 023 5200

Website: www.justi.gov.za

Email:  PAIAComplaince.IR@justice.gov.za

5. LATEST NOTICES IN TERMS OF SECTION 52(2) OF PAIA

  1. At this stage no Notice(s) has / have been published on the categories of records that are available without having to request access to them in terms of PAIA

6. AVAILABILITY OF CERTAIN RECORDS IN TERMS OF PAIA

  1. Call Cabinet holds and/or process the following records for the purposes of PAIA and POPI.
  2. The following records may be requested, however it should be noted that there is no guarantee that the request will be honoured. Each request will be evaluated in terms of PAIA and any other applicable legislation.

Products and/or Services:

  • All products and/or services are available freely on Call Cabinet’s website as set out above.

Human Resources:

  • Employment Contracts
  • Employee benefits
  • Personnel records and correspondence
  • Training records
  • Internal policies
  • Information pertaining to share options, share incentives, bonus or profit
  • sharing agreements of each employe
  • Pension and provident find records

Legal:

  • Agreements with Clients
  • Agreement with Suppliers
  • Shareholder agreements
  • Partnership agreements
  • Licenses and Permits
  • Power of Attorneys
  • Sale agreements
  • Lease agreement

Company Secretarial:

  • Memorandum of Incorporation
  • Secretarial records
  • Tradename registrations
  • Trademark registrations
  • Company registration documents
  • Statutory registers
  •  Minutes of Shareholder’s meetings
  •  Minutes of Director’s meetings
  • Register of Directors
  •  Share Certificates

Financial:

  • Accounting records
  • Annual reports
  • Interim reports
  • Auditor details and reports
  • Tax returns
  • Insurance records

Client:

  • Client database
  • Client recordings
  • Credit Applications
  • Correspondence with Clients
  • Documentation prepared for Clients.
  • Invoices, receipts, credit and debit notes

Marketing:

  • Published Marketing material

Miscellaneous:

  • Internal Correspondence
  • Information technology records
  • Trade secrets
  • Domain name registrations
  • Website information
  • Asset registers
  • Title deeds

7. RECORDS AVAILABLE IN TERMS OF OTHER LEGISLATION

  1. Call Cabinet may be in possession of records in terms of the following legislation as and when applicable:
    1. Basic Conditions of Employment Act, No. 75 of 1997
    2. Companies Act, No. 71 of 2008
    3. Compensation for Occupational Injuries and Diseases Act, No. 130 of 1993
    4. Competition Act, No. 89 of 1998
    5. Constitution of the Republic of South Africa Act, No. 108 of 1996
    6. Credit Agreement Act, No. 75 of 1980
    7. The Criminal Procedure Act, No. 51 of 1977
    8. Debt Collectors Act, No. 114 of 1998
    9. Deed Registries Act, No. 47 of 1937
    10. Employment Equity Act, No. 55 of 1998
    11.  Financial Intelligence Centre Act, No. 38 of 2001
    12.  Identification Act, No. 68 of 1997
    13. National Credit Act, No. 34 of 2005
    14. Insolvency Act, No. 24 of 1936
    15. Inspection of Financial Institutions Act, No. 18 of 1998
    16. The Labour Relations Act, No. 66 of 1995
    17. The Long Term Insurance Act, No. 52 of 1998
    18. Pension Funds Act, No. 24 of 1956
    19. Short Term Insurance Act, No. 53 of 1998
    20. Skills Development Levies Act, No. 9 of 1999
    21. Unemployment Insurance Act, No. 63 of 2001
    22.  Unit Trust Control Act, No. 54 of 1981
    23.  Value Added Tax Act, No. 89 of 1991
    24. Electronic Communication and Transactions Act, No. 25 of 2002
    25.  Financial Advisory and Intermediary Service Act, No. 37 of 2002
    26. Patents, Designs and Copyright Merchandise Marks Act, No. 17 of 1941
    27. Income Tax Act, No. 58 of 1962
    28.  Occupational Health and Safety Act No. 85 of 1993
    29. Co-operatives Act No. 14 of 2005
    30. Customs and Excise Act No. 91 of 1964
    31. Insider Trading Act No. 135 of 1998
    32.  Prevention of Organised Crime Act No. 121 of 1998
    33. Road Transportation Act No. 74 of 1977
    34. Stock Exchanges Control Act No. 54 of 1995
    35.  Transfer Duty Act No. 40 of 1949
    36.  Machinery and Occupational Safety Amendment Act No. 181 of 1993
    37.  National Payment Systems Act No. 78 of 1998
    38. National Water Act No. 36 of 1998
    39. Prescription Act No. 68 of 1969
    40. Trademark Act No. 194 of 1993
    41. Intellectual Property Laws Amendment Act No.38 of 1997
    42.  Financial Markets Act No. 19 of 2012

8. REQUEST PROCESS

  1. An individual who wishes to place a request must comply with all the procedures laid down in PAIA.
  2. The requester must complete ANNEXURE B, which is attached hereto and submit it to the Information Officer at the details specified above.
  3. The prescribed form must be submitted as well as payment of a request fee and a deposit, if applicable to the information officer at the postal or physical address, fax number or electronic mail as is stated herein.
  4.  The prescribed form must be completed with enough particularity to enable the information officer to determine:
    1. The record(s) requested;
    2.  The identity of the requestor;
    3. What form of access is required; and
    4. The Postal address or fax number of the requestor.
  5. The requestor must state that the records are required for the requestor to exercise or protect a right, and clearly state what the nature of the right is so to be exercised or protected. An explanation of why the records requested is required to exercise or protect the right.
  6. The request for access will be dealt with within 30 days from date of receipt, unless the requestor has set out special grounds that satisfies the Information Officer that the request be dealt with sooner.
  7. The period of 30 days may be extended by not more than 30 additional days, if the request is for a large quantity of information, or the request requires a search for information held at another office of Call Cabinet and the information cannot be reasonably obtained within 30 days. The nformation officer will notify the requestor in writing should an extension be necessary.
  8. The requestor will be informed in writing whether access to the records have been granted or denied. If the requestor requires a reason for the decision the request must be expressed in the prescribed form, the requestor must be further stated what particulars of the reasoning the requestor requires.
  9. If a requestor has requested the records on another individual’s behalf, the requestor must submit proof of the capacity the requestor submits the request in, to the satisfaction of the information officer.
  10. Should the requestor have any difficulty with the form or the process laid out herein, the requestor should contact the Information Officer for assistance.
  11. An oral request can be made to the Information Officer should the requestor be unable to complete the form due to illiteracy or a disability. The Information Officer will complete the form on behalf of the requestor and provide a copy of the form to the requestor.

9. GROUNDS FOR REFUSAL

  1. The following are grounds upon which Call Cabinet may, subject to the exceptions in Chapter 4 of PAIA, refuse a request for access in accordance with Chapter 4 of PAIA
    1.  Mandatory protection of the privacy of a third party who is a natural person, including a deceased person, where such disclosure of Personal Information would be unreasonable
    2.  Mandatory protection of the commercial information of a third party, if the Records contain
      1.  Trade secrets of that third party;
      2.  Financial, commercial, scientific or technical information of the third party, the disclosure of which could likely cause harm to the financial or commercial interests of that third party; and/or
      3. information disclosed in confidence by a third party to Call Cabinet, the disclosure of which could put that third party at a disadvantage in contractual or other negotiations or prejudice
        the third party in commercial competition;
    3.  Mandatory protection of confidential information of third parties if it is protected in terms of any agreement;
    4.  Mandatory protection of the safety of individuals and the protection of property;
    5.  Mandatory protection of Records that would be regarded as privileged in legal proceedings;
    6.  Protection of the commercial information of Call Cabinet, which may include
      1. Trade secrets;
      2.  Financial/commercial, scientific or technical information, the disclosure of which could likely cause harm to the financial or commercial interests of Call Cabinet;
      3.  Information which, if disclosed, could put Call Cabinet at a disadvantage in contractual or other negotiations or prejudice Call Cabinet in commercial competition; and/or
      4.  Computer programs which are owned by Call Cabinet, and which are protected by copyright and intellectual property laws;
    7. Research information of Call Cabinet or a third party, if such disclosure would place the research or the researcher at a serious disadvantage; and
    8.  Requests for Records that are clearly frivolous or vexatious, or which involve an unreasonable diversion of resources.

10. REMEDIES SHOULD A REQUEST BE REFUSED

  1. Call Cabinet does not have an internal appeal procedure in light of a denial of a request, decisions made by the information officer is final;
  2. The requestor may in accordance with sections 56(3) (c) and 78 of PAIA, apply to a court for relief within 180 days of notification of the decision for appropriate relief.

11. Fees

  1. The following fees shall be payable upon request by a requestor:

Request fee (payable on every request)  R140.00

Photocopy of an A4 page or part thereof R2.00

Printed copy of an A4 page or part thereof R2.00
Hard copy on flash drive (flash drive to be provided by requestor) R40.00

Hard copy on a compact disc (compact disc to be provided by requestor) R40.0

Hard copy on a compact disc (compact disc to be provided by Call Cabinet) R60.00

Transcription of visual images per A4 page As per quotation of service provider

Copy of visual images As per quotation of service provider

Transcription of an audio record per A4 page R24.00
Copy of an audio record on flash drive (flash drive to be provided by requestor) R40.00

Copy of an audio on a compact disc (compact disc to be provided by requestor) R40.0

Copy of an audio on a compact disc (compact disc to be provided by Call Cabinet) R60.00

To search for and prepare the record for disclosure for each hour or part of an hour, excluding the first hour,
reasonably required for such search and preparation R145.00

To search for and prepare the record for disclosure for each hour or part of an hour, excluding the first hour,
reasonably required for such search and preparation (cannot exceed total cost) R435.00

Postage, email or any other electronic transfer Actual expense, if any.

12. POPI

    1. Conditions fort lawful processing:
      1. POPI has eight conditions for lawful processing and includes:
        1. Accountability
        2. Processing limitation
        3. Purpose specification
        4. Further processing limitation
        5. Information quality
        6. Openness
        7. Security safeguards
        8. Data subject participation
      2. Call Cabinet is involved in the following types of processing:
        1. Collection
        2. Recording
        3. Organization
        4. Structuring
        5. Storage
        6. adaptation or alteration
        7. retrieval
        8. consultation
        9. use
        10. disclosure by transmission
        11. dissemination or otherwise making available
        12. alignment or combination
        13. restriction
        14. erasure
        15. destruction
      3. Call Cabinet processes information for the following purposes:
        1. to fulfil agreements in relation to its employees;
        2. to provide services to its Clients in accordance with terms agreed to by the Clients;
        3. to undertake activities related to the provision of services, such as
          1. to fulfil domestic legal, regulatory and compliance requirements
          2. to verify the identity of Customer representatives who contact Call Cabinet or may be contacted by Call Cabinet;
          3. for risk assessment, information security management, statistical, trend analysis and planning purposes;
          4. to monitor and record calls and electronic communications with the Client for quality, training, investigation and fraud prevention purposes;
          5. to enforce or defend Call Cabinet or Call Cabinet affiliates’ rights;
          6. to manage Call Cabinet’s relationship with its clients, which may include providing information to its clients and its clients affiliates about Call Cabinet’s and Call Cabinet affiliates’ products and services;
        4. the purposes related to any authorised disclosure made in terms of agreement, law or regulation;
        5. any additional purposes expressly authorised by Call Cabinet’s client;
        6. any additional purposes as may be notified to the Client or Data Subjects in any notice provided by Call Cabinet.
    2. Call Cabinet processes personal information the following categories of Data Subjects:
      1. Juristic persons –
        1. Corporate clients
        2. Suppliers
      2. Natural persons –
        1. Individuals
        2. Staff
        3. Clients
        4. Suppliers
    3. Call Cabinet process the following categories personal information:
      1. Client profile information;
      2. Bank account details;
      3. Payment information;
      4. Client representatives;
      5. Names;
      6. Email Addresses;
      7. Telephone numbers;
      8. Facsimile numbers;
      9. Physical addresses;
      10. Tax numbers;
      11. Identity Numbers;
      12. Passport Numbers;
    4. Recipients of Personal Information:
      1. Call Cabinet, Call Cabinet’s affiliates, their respective representatives
    5. When making authorised disclosures or transfers of personal information in terms of Section 72 of POPI, personal information may be disclosed to recipients in countries that do not have the same level of protection for personal information as South Africa does.
    6. The following Security measures are implemented by Call Cabinet:
    7. Call Cabinet implements numerous Security measures to protect personal information that is stored electronically and physically.
      1. Call Cabinet ensures that appropriate security measures are taken and updates these measures on a regular basis.
      2. Call Cabinet have also implemented various policies for additional security for personal information stored both physically and electronically.
      3. The personal information that is stored physically is protected as follows:
        1. Where physical records of the data exist, such records will be stored in a secure area that can be ‘locked-away’ as to avoid a breach of the personal information.
        2. Such physical data records will be ‘locked-away’ and secured when not in use.
    8. Call Cabinet may share personal information with third parties and in certain instances this may result in cross border flow of the personal information. The personal information will always be subject to protection, not less than the protection it is afforded under the Protection of Personal Information Act No.4 of 2013.
    9. Objection to the processing of personal information by a data subject:
      1. Section 11(3) of POPI and regulation 2 of the POPI regulations provides that a data subject may, at any time object to the processing of their personal information in the prescribed form attached to this manual as annexure “B”.
    10. Request for correction or deletion of personal information:
      1. Section 24 of POPI and regulation 3 of the POPI regulations provides that a data subject may request for their personal information to be corrected and/or deleted in the prescribed form attached hereto as ANNEXURE “C”.

This Privacy Policy was last updated on March 15, 2022