1.      POLICY STATEMENT

1.1.  Tonow recognises its accountability in terms of the Act and its regulations to all its stakeholders. Tonow needs to collect personal information from its employees, clients, suppliers, operators, and other stakeholders to carry out its business.

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1.2. To maintain a trusting relationship with its stakeholders, Tonow is committed to complying with both the spirit and the letter of the Act and to act with due skill, care, and diligence when dealing with personal information. This is to mitigate the risk, including loss of reputation, fines, imprisonment, and exodus of clients.

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1.3.  The responsibility to facilitate compliance throughout Tonow has been delegated to the appointed Information officer and his / her deputies, who are responsible for supervising, managing, and overseeing the compliance of the Act.

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1.4. Tonow respects the purpose of data protection measures, policies, and legislation, and supports the individual right to privacy. Tonow, therefore, will not share information with other companies, where it is not in the interest of the affected data subject, or legally obliged to do so. 

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1.5. Tonow, will not market or share personal information including contact details with other marketers without the clear informed consent of the data subject. 

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1.6. Any complaints can be directed to info@tonow.co.za or to inforegulator@paia.org.za

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2.       PROHIBITION ON THE PROCESSING OF PERSONAL INFORMATION

2.1. Tonow will not process personal information, concerning –

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2.1.1.  The religious or philosophical beliefs, race or ethnic origin, trade union membership, political persuasion, health or sex life or biometric information of a data subject; or

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2.1.2. The criminal behaviour of a data subject to the extent that such information relates to – 

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2.1.2.1.        The alleged commission by a data subject of any offence; and / or

2.1.2.2.       Any proceedings in respect of any offense allegedly committed by a data subject or the disposal of such proceedings, unless such processing is justified as follows: 

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2.1.2.2.1.      The data subject has consented to process it (in circumstances where legal obligations require obtaining the data subject’s consent); 

2.1.2.2.2.      It is necessary to exercise or defend a right or obligation in law; 

2.1.2.2.3.      It is necessary to comply with an international legal obligation of public interest; 

2.1.2.2.4.      It is for historical, research, or statistical purposes that would not adversely affect the privacy of the data subject; and / or

2.1.2.2.5.      The personal information has been deliberately made public by the data subject.

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3.       PROHIBITION ON PROCESSING PERSONAL INFORMATION OF CHILDREN

3.1. In terms of this Act, a "child", means a natural person under the age of 18 years who is not legally competent when determining the parameters of the processing of personal information of children.

 

3.2. Tonow may not process personal information concerning a child unless such processing is:

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3.2.1.        Carried out with the prior consent of a competent person;

3.2.2.       Necessary for the establishment, exercise, or defence of a right or obligation in law;

3.2.3.        Necessary to comply with an obligation of international public law;

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3.2.4. For historical, statistical, or research purposes to the extent that –

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3.2.4.1.           The purpose serves a public interest and the processing is necessary for the purpose concerned; or

3.2.4.2.           It appears to be impossible or would involve a disproportionate effort to ask for consent, and sufficient guarantees are provided to ensure that the processing does not adversely affect the individual privacy of the child to a disproportionate extent; or

3.2.4.3.           The personal information has deliberately been made public by the child with the consent of a competent person.

 

4.       PROCESSING OF PERSONAL INFORMATION FOR DIRECT MARKETING

4.1. Tonow must adhere to the following provisions of the Act when marketing directly to a data subject through unsolicited electronic communication.

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4.2. The processing of personal information of a data subject for direct marketing through any form of electronic communication, including automatic calling machines, facsimile machines, SMSs, or e-mail is prohibited unless the data subject –

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4.2.1.      Has given his / her consent to the processing; or

4.2.2.      Is a customer / consumer of Tonow. 

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4.3. Tonow may approach a data subject only once to request the consent of that data subject and only if the data subject has not previously withheld such consent. The data subject’s consent must be requested in the prescribed manner and form 4 to the Regulations.

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4.4. Tonow may only process the personal information of a data subject who is a customer / consumer of Tonow if –

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4.4.1.      Tonow has obtained the contact details of the data subject in the context of the sale of a product / services;

4.4.2.      The purpose of direct marketing is through Tonow’s similar products / services; and

4.4.3.      The data subject has been given a reasonable opportunity to object, free of charge, and in a manner free of unnecessary formality, to such use of his / her electronic details –

4.4.3.1.           At the time when the information was collected; and

4.4.3.2.           On the occasion of each communication with the data subject for direct marketing if the data subject has not initially refused such use.

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4.5. Any communication for the purpose of direct marketing must contain –

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4.5.1.      Details of the identity of the sender or the person on whose behalf the communication has been sent; and

4.5.2.      An address or other contact details to which the recipient may send a request that such communications cease.

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4.6. Therefore, consumers will be required to opt in to receive marketing communications. Consumers can opt out of receiving marketing communications at any time by following the unsubscribe link provided in emails or contacting Tonow directly.

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4.7.  Tonow may not transfer personal information about a data subject to a third party located in a foreign country unless the personal information collected automatically is handled by third parties whose technology facilitates Tonow’s website functionality and the acquisition of Tonow’s website analytics. Some of these third parties may operate outside the borders of South Africa, resulting in the storage of the data subject's information in foreign countries.

 

5.       SHARING OF PERSONAL INFORMATION

5.1. Tonow may share personal information within the group of companies owned and controlled by Tonow where necessary. All companies under the control of Tonow follow the same provisions as laid out in this policy 

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5.2. Where necessary and reasonably plausible, individuals will be notified or asked for consent for information to be shared. 

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5.3. Tonow does share information with bodies considered to be “Operators.” In these instances, Tonow will ensure that adequate agreements are in place to serve as operator agreements and ensure that similar measures for protection of the personal information are in place. ​

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6.       PERSONAL INFORMATION PROCESSED​

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6.1. Consumers

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6.1.1.      Categories of Personal Information: Full name, contact details, identification numbers / business registration number (if applicable), postal address, payment details, and transaction history. 

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6.1.2.      Purpose of Processing:

6.1.2.1.           To provide and deliver purchased products;

6.1.2.2.           To communicate with clients regarding orders, inquiries, or updates;

6.1.2.3.           To process payments and issue invoices;

6.1.2.4.           To comply with legal and regulatory obligations; and 

6.1.2.5.           To enhance customer / consumer service and experience.

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6.1.3. Legal Basis: Processing is necessary for the completion of a sale with the consumer, required for compliance with legal obligations and is done with the consumer’s consent for marketing purposes, where applicable.

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6.2.          Suppliers

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6.2.1.      Categories of Personal Information: Full name, contact details, identification numbers / business registration number (if applicable), financial information, delivery and billing addresses and contractual related data. 

6.2.2.      Purpose of Processing:

6.2.2.1.           To establish and maintain business relationships;

6.2.2.2.           To manage supplier contracts and transactions;

6.2.2.3.           To process payments for products;

6.2.2.4.           To assess supplier performance; and

6.2.2.5.           To comply with legal and financial obligations.

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6.2.3. Legal Basis: Processing is necessary for the performance of a contract with the supplier, is required to comply with legal and regulatory obligations, and is done with the supplier’s consent for specific communications, if applicable.

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6.3.          Stakeholders

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6.3.1.      Categories of Personal Information: Full name, contact details, role and relationship to the company, correspondence records and opinions and feedback on company operations.

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6.3.2.      Purpose of Processing:

6.3.2.1.           To engage and maintain relationships with stakeholders;

6.3.2.2.           To address concerns, feedback, or inquiries;

6.3.2.3.           To inform stakeholders about company developments and initiatives;

6.3.2.4.           To comply with governance and reporting requirements;

6.3.2.5.           To enhance transparency and accountability;

6.3.2.6.           Compliance with labour laws and regulations; and

6.3.2.7.           Community development projects.

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6.3.3. Legal Basis: Processing is necessary for legitimate interests pursued by the company, is required to comply with legal and governance obligations and is done with stakeholder consent for communication purposes.

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6.4.          Website Users

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6.4.1.      Categories of Personal Information: IP address and browsing behaviour, contact details, credit card or account information, login credentials if applicable, and cookies or other tracking data.

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6.4.2.      Purpose of Processing:

6.4.2.1.           Facilitate a sale of products;

6.4.2.2.           Enhance the functionality and user experience of the website;

6.4.2.3.           To respond to inquiries and requests submitted through the website;

6.4.2.4.           To analyse website traffic and user behaviour for improvements; and 

6.4.2.5.           To provide users with tailored content and advertisements.

 

6.4.3.      Legal Basis: Processing website users' personal information is necessary for the legitimate interests of operating and improving the website. It is also conducted with the user’s consent for cookies and marketing communications and required to fulfil a sale, or the user’s requests or inquiries.

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6.5. Additional information may be processed to comply with international anti-money laundering laws. 

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6.6. Tonow process’s location data of assets as part of various safety and security processes in the organisation.

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If you have any questions or concerns about anything in this policy, please do not hesitate to send your query to info@tonow.co.za​​​

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