The purpose of this document (“Privacy Statement”) is to inform the reader of how Tugela Mining & Minerals (Pty) Ltd (‘TMM’) and all of its subsidiaries manages and processes (any operation or set of operations performed on data by any means such as collecting, recording, organization, storage, adaptation, or alteration of personal information etc.) personal information. The manner in which TMM manages Personal Information (personal data, as defined in the data protection laws, includes, but is not limited to, names, postal address, email address, telephone number, date of birth etc.), is subject to the Electronic Communications and Transactions Act 25 of 2002; Protection of Personal Information Act 4 of 2013 and the European Union General Data Protection Regulations (“Data Protection Laws”).
When users (individuals who make use of any TMM websites and/or applications) interact with TMM, submit information to TMM, or sign up for any products and/or services offered by TMM, all personal information, which may be collected through our website or other channels, is treated as confidential and private. TMM manages the user’s personal information in the following ways:
By collecting personal information;
• Using such personal information;
• Sharing (amongst ourselves) the users’ personal information; and
• Disclosing such personal information to TMM’s authorised service providers as well as relevant third parties in the manner set forth in this Privacy Statement.
TMM may from time to time update this document to ensure that it is consistent with future developments, industry trends and/or any changes in legal or regulatory requirements.
1 Collection Of Personal Information
1.1 Generally, TMM collects user Personal Information in the following ways:
1.1.1 Upon submission of an application form or other forms relating to any of TMM’s products and services;
1.1.2 When interacting with TMM’s customer service officers (via telephone calls, letters, face-to-face meetings, and emails);
1.1.3 When making use of any TMM service i.e., Websites and/or applications;
1.1.4 Upon submission of a request for TMM to contact them, or request to be included in an email or other mailing lists;
1.1.5 When there is a response to TMM promotions, initiatives or to any request for additional Personal Data;
1.1.6 When contacted by or respond to TMM marketing representatives, if any, and customer service officers;
1.1.7 When TMM receives references from business partners and third parties;
1.1.8 When TMM seeks information from third parties in connection with the products and services applied for; and
1.1.9 Upon submitting Personal Information to TMM for any other reason.
1.2 When a user browses TMM Websites, it is generally done anonymously. TMM does not automatically collect Personal Information unless such information is provided, or login credentials are used.
1.3 If TMM is provided with any Personal Information relating to a third party (e.g., information about a spouse, children, parents and/or employees), by submitting such information, a user confirms that the consent of the third party to provide TMM with such personal information has been obtained.
1.4 Users must ensure that all Personal information submitted to TMM is complete, accurate, true, and correct. Failure to do so may result in TMM’s inability to provide users with the products and services requested.
2 Purposes For The Collection, Use And Disclosure Of Personal Information
2.1 Generally, TMM collects, uses, and discloses Personal Information of users for the following purposes:
2.1.1 To respond to queries and requests;
2.1.2 To manage the administrative and business operations of TMM and comply with internal policies and procedures;
2.1.3 To facilitate business asset transactions (which may extend to any mergers, acquisitions, or asset sales) involving any of the Companies;
2.1.4 To match any Personal Information held, relating to any of the purposes listed herein;
2.1.5 To resolve complaints and handle requests and/or enquiries;
2.1.6 To prevent, detect, investigate a crime, analyse, and manage commercial risks;
2.1.7 To provide media announcements and responses;
2.1.8 To monitor or record phone calls and customer-facing interactions for quality assurance, employee training and performance evaluation and identity verification purposes;
2.1.9 For legal purposes (including but not limited to obtaining legal advice and dispute resolution);
2.1.10 To conduct investigations relating to disputes, billing, suspected illegal activities or fraud;
2.1.11 To meet or comply with any applicable rules, laws, regulations, codes of practice or guidelines issued by any legal or regulatory bodies which are binding on TMM (including but not limited to responding to regulatory complaints, reporting to regulatory bodies, and conducting audit checks, due diligence, and investigations); and
2.1.12 For purposes which are reasonably related to the aforementioned.
2.2 In addition to the above, TMM collects, uses, and discloses Personal Information of users for the following purposes:
2.2.1 As a customer or an employee of an organisation which is a customer of TMM:
188.8.131.52 Opening or continuation of accounts and establishing or providing users with the products and services subscribed to;
184.108.40.206 Facilitating the continuation or termination of user subscription to TMM products and services;
220.127.116.11 Facilitating the daily operation of the products and services (including but not limited to billing, customer service, customer verification, technical support, network maintenance and troubleshooting);
18.104.22.168 Facilitating third party services if purchased, obtained, administered, or processed through TMM;
22.214.171.124 Managing and executing TMM service level agreements with users;
126.96.36.199 Processing of payment instructions, direct debit facilities and/or credit facilities requested by users;
188.8.131.52 Enforcement of repayment obligations (including but not limited to debt collection, filing of claims and retrieval of payments from losses made by service partners);
184.108.40.206 Administering and processing any insurance claims and payments arising under the respective policies;
220.127.116.11 Credit and internal risk management (including but not limited to performing credit checks and disclosures to law enforcement agencies);
18.104.22.168 Generation of internal reports (including but not limited to annual, operational and management reports);
22.214.171.124 Processing referral payments and commission fees to TMM’s external partners;
126.96.36.199 Administering fee adjustments, refunds, and waivers;
188.8.131.52 Notifying users of their entitlements under loyalty and reward programmes with TMM, if applicable;
184.108.40.206 Analysing user experience with TMM products and services so as to help us improve, review, develop and efficiently manage the products and services offered; and
220.127.116.11 For purposes which are reasonably related to the aforementioned.
2.3 Furthermore, where permitted under the Data Protection Laws:
2.3.1 TMM may also collect, use, and disclose Personal Information of users for the following additional purposes:
18.104.22.168 For analytics and tracking, including facilitating the sale of analytical data;
22.214.171.124 To conduct market research and surveys to enable TMM to understand and determine customer location, preferences, and demographics in order to develop special offers and marketing programmes in relation to TMM products and services, and to improve our service delivery and customer experience;
126.96.36.199 To provide additional products, services, and benefits to users, which include promotions, loyalty, and reward programmes from TMM;
188.8.131.52 To match Personal Information with other data collected for other purposes and from other sources (including third parties) in connection with the provision, marketing or offering of products and services by TMM;
184.108.40.206 For leads generation and management of marketing TMM’s products and services;
220.127.116.11 To administer contests, competitions, and marketing campaigns, and personalize user experience;
18.104.22.168 To communicate advertisements involving details of TMM’s products and services, special offers and rewards, either to general customers, or to communicate advertisements which TMM has identified as being of interest to specific users (this includes but is not limited to upselling, cross selling, and telemarketing);
22.214.171.124 To organise promotional events and corporate social responsibility projects; and
126.96.36.199 For purposes which are reasonably related to the aforementioned.
2.4 In relation to particular products and services or user interactions, TMM may also specifically notify users of other purposes for which personal information is collected, used, or disclosed.
2.5 Users have a choice to withdraw consent for receiving marketing or promotional materials/communication. Users may contact TMM using the Head Office contact details found on the main website (www.tugelamining.co.za).
2.6 Once TMM receives confirmation that a user wishes to withdraw consent for marketing or promotional materials/communication, it may take up to 30 (thirty) working days for the withdrawal to be reflected on the system. Therefore, users may continue to receive marketing or promotional materials/communication during that period of time. In may be noted that even upon withdrawal of consent for the receipt of marketing or promotional materials, TMM may still contact users for other purposes in relation to the products and services held by users or subscriptions to TMM.
3 Processing Of Personal Information
3.1 By providing Personal Information to TMM, users acknowledge that the information has been collected from them directly and there is consent for TMM to process such information.
3.2 Where users submit Personal Information (such as name, address, telephone number and email address) via TMM’s Website (e.g., through completing any online form) the following principles are observed in the processing of such information:
3.2.1 TMM will only collect Personal Information for a purpose consistent with the purpose for which it is required. The specific purpose for which information is collected will be apparent from the context in which it is requested.
3.2.2 TMM will only process Personal Information in a manner that is adequate, relevant, and not excessive in the context of the purpose for which it is processed.
3.2.3 Personal Information will only be processed for a purpose compatible with that for which it was collected unless the user has agreed to an alternative purpose in writing or TMM is permitted in terms of national legislation of general application dealing primarily with the protection of Personal Information.
3.2.4 TMM will keep a record of all Personal Information collected and the specific purpose for which it was collected for a period of 1 (one) year from the date on which it was last used.
3.2.5 TMM will not disclose user Personal Information relating to any third party, unless prior written consent from the user is obtained, or where TMM is required to do so bylaw.
3.2.6 If Personal Information is released with the consent of the user, TMM will retain a record of the information released, the third party to which it was released, the reason for the release and the date of release, for a period of 1 (one) year from the date on which it was last used.
3.2.7 TMM will destroy or delete any Personal Information that is no longer needed by TMM for the purpose it was initially collected, or subsequently processed.
4 Disclosure Of Personal Information
4.1 TMM will take reasonable steps to protect Personal Information of users against unauthorised disclosures. Subject to the provisions of any applicable law, Personal Information may be disclosed for the purposes listed above (where applicable) to the following:
4.1.1 TMM’s related corporations and employees to provide content, products, and services to address user questions and requests in relation to customer accounts, subscription, and billing arrangements with TMM as well as products and services;
4.1.2 Companies providing services relating to insurance and consultancy to TMM;
4.1.3 Agents, contractors, or third-party service providers who provide operational services to TMM, such as courier services, telecommunications, information technology, payment, printing, billing, payroll, processing, technical services, training, market research, call centre, security, or other services to TMM;
4.1.4 Vendors or third-party service providers in connection with marketing promotions and services offered by TMM;
4.1.5 Other telecommunications, content, or other service providers to facilitate their provision of content or services, or for interconnection, inter-operability, system operation and maintenance and billing between service providers;
4.1.6 Collection and repossession agencies in relation to the enforcement of repayment obligations for debts;
4.1.7 Credit bureaus for the purpose of preparing credit reports or evaluation of creditworthiness;
4.1.8 External banks, credit card companies and their respective service providers;
4.1.9 TMM’s professional advisers such as auditors and lawyers;
4.1.10 Relevant government regulators, statutory boards or authorities or law enforcement agencies to comply with any laws, rules, guidelines and regulations or schemes imposed by any governmental authority; and
4.1.11 Any other party to whom users authorise TMM to disclose Personal Information to.
5.1.1 To enable certain features and functions on websites, e.g., remembering user-id, favourite channel selections, browsing and other service preferences;
5.1.2 To build up a profile of how users experience the website;
5.1.3 To improve the efficiency of TMM’s website;
5.1.4 To administer services to users and advertisers; and
5.1.5 To establish usage statistics.
5.2 Most internet browsers provide users with the option of turning off the processing of cookies (please see the “help” section of the browser), but this may result in the loss of functionality, restrict use of the website and/or delay or affect the way in which it operates.
5.4 TMM is not responsible for the Personal Information policies (including Personal Information protection and cookies), content or security of any third-party websites linked to the Website.
6.1 If a user:
6.1.1 Would like to withdraw consent to any use of their Personal Information as set out in this Privacy Statement, they may contact he business unit executive that manages their account.
6.1.2 Would like to obtain access and make corrections to their Personal Information records, they may contact the business unit executive that manages their account.
6.2 If your Personal Information has been provided to TMM by a third party (e.g., a referrer), users should contact that organisation or individual to make such queries, complaints, and access correction requests to TMM on their behalf.
6.3 If a user withdraws their consent to any or all use of Personal Information, depending on the nature of such a request, TMM may not be in a position to continue to provide its products and services to users. In addition, TMM may not administer any contractual relationship in place, which in turn may also result in the termination of any agreements with TMM and may result in the user being in breach of contractual obligations or undertakings. TMM’s legal rights and remedies in such event are expressly reserved.
7 Governing Law
7.1 This Privacy Statement and use of the Website shall be governed in all respects by the laws of South Africa.