Privacy Policy

PROPRIETARY INFORMATION:

The information contained within this document is confidential to Fuzion Track (Pty) Ltd and its affiliates (hereinafter referred to as “the Group”). It may not be disclosed to any party outside its intended audience without the written permission of the Group. Every recipient of this document acknowledges, by retention and use, the confidential nature of the material contained herein, and agrees to prevent the distribution of this document, by intent or otherwise, beyond its intended audience.

DISCLAIMER

This Policy contains, inter alia, general guidelines and information. It is not intended to be comprehensive or to address all the possible applications of, or exceptions to, the general policies and procedures described. All policies, procedures and practices in this Policy supersede all previous policies, procedures and practices of the Group, both oral and written and those established through general practice. Should there be a discrepancy between an employee’s contract of employment and this Policy, this Policy will take preference, where applicable. Circumstances may occur that may result in the policies, procedures and practices described in this Policy changing from time to time. The Group reserves the right to amend, supplement, or rescind any or all provisions of this Policy as it deems appropriate at its sole and absolute discretion, where applicable.

1. DATA RETENTION POLICY

1. THE PURPOSE OF DATA RETENTION POLICY
1.1 This policy (the Policy) must be followed whenever Personal Data are Processed for or on behalf of Fuzion Track (Pty) Ltd.
1.2 The Protection of Personal Information Act (POPIA) sets out specific requirements regarding the retention of Personal Data. In particular:
1.2.1 To the extent that the data records of Fuzion Track (Pty) Ltd (Data Records) contain Personal Data, Fuzion Track (Pty) Ltd must comply with applicable data protection laws, including (where relevant) the POPIA.
1.2.2 The POPIA requires Personal Data to be deleted or anonymised when they are no longer needed given the purposes for which they are held.
1.3 The purpose of this Policy is to ensure that:
1.3.1 Data Records are adequately protected and maintained.
1.3.2 Data Records containing Personal Data, which are no longer required are discarded at the appropriate time.
1.3.3 Fuzion Track (Pty) Ltd's data retention principles will help Fuzion Track (Pty) Ltd to ensure the exercise of individuals' data protection rights. We collect and process your personal information mainly to contact you for the purposes of understanding your requirements and delivering services accordingly. For this purpose, we will collect contact details including your name and organisation.
1.3.4 We collect information directly from you where you provide us with your personal details. Where possible, we will inform you what information you are required to provide to us and what information is optional.
1.3.5 Website usage information may be collected using “cookies” which allows us to collect standard internet visitor usage information.
1.4 Capitalized terms not defined directly in this Policy have the meaning assigned to them in a document connected to this Policy in the form of the Data Protection Policy.

2. GUIDING DATA RETENTION PRINCIPLES

2.1 These are Fuzion Track (Pty) Ltd's guiding data retention principles:
2.1.1 Fairness: All Processing of Personal Data must be fair, proportionate and compatible with the purposes for which the data were collected.
2.1.2 Necessity: Personal Data are deleted when no longer needed.
2.1.3 Security: Personal Data are protected by appropriate security measures.
2.2 It needs to be ensured that each principle set out at paragraph 2.1 above is followed whenever a Processing activity is envisaged or planned for or on behalf of Fuzion Track (Pty) Ltd.

3. GENERAL RETENTION POLICY

3.1 Personal Data should only be retained for the period "necessary" to achieve our Processing purposes. This means that Personal Data must be deleted when we no longer need such data, for example where:
3.1.1 the Personal Data are incorrect.
3.1.2 the relevant contract has already been performed and possible claims are time- barred; or
3.1.3 an individual has withdrawn their consent to the Processing (i.e., if consent constitutes a basis for the Processing).
3.2 Fuzion Track (Pty) Ltd's legal unit should be consulted prior to deleting any Personal Data. Prior to deleting any Personal Data, Fuzion Track (Pty) Ltd's legal unit should establish whether the limitation periods for any related claims have elapsed, whether the run of the limitation period has been interrupted and whether any related claims have been brought up.
3.3 Legal or regulatory requirements might require Personal Data to be retained for a specified period. For example:
3.3.1 tax law.
3.3.2 labour law.
3.4 You must therefore consider for each Processing activity:
3.4.1 whether any legal or regulatory requirements specify a retention period for Personal Data to be Processed.
3.4.2 What a long Fuzion Track (Pty) Ltd will need to retain Personal Data in relation
to the proposed activity; and
3.4.3 whether the duration of the proposed retention period is necessary for the purposes of the relevant Processing activity.
3.5 The retained data should be subject to periodic reviews every 6 months with an aim of identifying the data that should be deleted.

4. CALCULATION OF THE APPROPRIATE RETENTION PERIOD

4.1 Appendix 1 contains a form of retention requirements tracker (the Retention Tracker). The purpose of the Retention Tracker is to help calculate appropriate retention periods at the outset of a new Processing activity.
4.1.1 Each member of personnel (including an employee and associate) of Fuzion Track (Pty) Ltd must ensure that that any new Processing activities are promptly notified to Fuzion Track (Pty) Ltd – i.e., to ensure that Fuzion Track (Pty) Ltd can update the Retention Tracker, where necessary.
4.1.2 Fuzion Track (Pty) Ltd is responsible for ensuring that the Retention Tracker is: (i) kept up to date; and (ii) reflect the categories of Personal Data Processed.
4.2 Inform the Data Protection Coordinator of the proposed retention period of the relevant Personal Data (a Retention Notice).
4.3 Promptly after the receipt of a Retention Notice, the Data Protection Coordinator will:
4.3.1 verify whether there are any relevant legal or regulatory requirements which will impact the proposed retention period set out in the Retention Notice; and
4.3.2 provide a confirmation, in writing or by e-mail, that the proposed retention period complies with this Policy (Confirmation).
4.4 Continual recording of: (i) Confirmations; and (ii) each retention period agreed for Fuzion Track (Pty) Ltd is important for record-keeping requirements.
4.5 The Data Protection Coordinator will ensure that each Confirmation is included in Fuzion Track (Pty) Ltd's repository confirming our retention periods (i.e., the Record of Processing – see paragraph 7 below). The Record of Processing will be maintained by the Data Protection Coordinator.

5. HANDLING DATA DURING THE RETENTION PERIOD

5.1 Regulators and individuals may request access to, or enabling the audit of, the Personal Data that Fuzion Track (Pty) Ltd Processes.
5.2 Fuzion Track (Pty) Ltd creates and stores Processed Personal Data in secure systems in accordance with auditable processes. Maintaining Fuzion Track (Pty) Ltd's Record of Processing will assist with this process. Fuzion Track (Pty) Ltd ensures that all Personal Data is kept secure (i.e., to avoid unauthorised access, alteration, destruction, deletion or tampering in any way for the approved retention period of relevant Personal Data).
5.3 It is necessary to ensure that the Processed Personal Data are capable of deletion, correction and portability (in response to an individual exercising their Personal Data protection rights). Fuzion Track (Pty) Ltd preserves the integrity of all Processed Personal Data. It ensures that:
5.3.1 Processed Personal Data are not manipulated or altered.
5.3.2 any corrections are explicable – Fuzion Track (Pty) Ltd can promptly track and justify changes.
5.4 Fuzion Track (Pty) Ltd, as soon as practicable, responds to requests from individuals, regulators and other competent authorities to provide information. Fuzion Track (Pty) Ltd ensures that third party service providers/vendors:
5.4.1 secure Personal Data that they Process on behalf of Fuzion Track (Pty) Ltd in accordance with all relevant legal and regulatory requirements; and
5.4.2 deliver any Personal Data that they Process on behalf of Fuzion Track (Pty) Ltd: (i) promptly and without unreasonable delay; and (ii) in any event, within 48 hours of Fuzion Track (Pty) Ltd's reasonable request.
5.5 When you are negotiating contracts with service providers where Personal Data will be Processed on Fuzion Track (Pty) Ltd's behalf, contact the Data Protection Coordinator for guidance on implementing and reflecting these requirements in the applicable contractual documentation.

6. EXPIRATION OF THE RETENTION PERIOD

6.1 Data Records must be destroyed responsibly and systematically.
6.2 If in doubt, the Confirmation should be obtained from the Data Protection Coordinator by contacting
6.3 No records that may be relevant in any current or expected litigation, dispute resolution, or regulatory inquiry may be destroyed under any circumstances without a prior Confirmation from the Data Protection Coordinator. If in any doubt as to the relevance of any record in relation to current or expected litigation, dispute resolution or regulatory inquiry, contact the Data Protection Coordinator.

7. DATA STORAGE

7.1 Fuzion Track (Pty) Ltd maintains a detailed record of our Processing of Personal Data to comply with applicable laws (including data access obligations and security breach notification requirements) (the Record of Processing). The Record of Processing describes, among other things:
7.1.1 the location in which the Processed Personal Data are held/stored (e.g., paper files, third party servers, our servers, backup storage).
7.1.2 the purposes of the Processing.
7.1.3 the legal basis on which Fuzion Track (Pty) Ltd is processing the relevant data; and
7.1.4 retention periods.
7.2 The Data Protection Coordinator is responsible for maintaining the Record of Processing.
7.3 Each member of personnel (including employee and associate) of Fuzion Track (Pty) Ltd should contribute to updating and maintaining the Record of Processing.

8. LOCAL LAW CONSIDERATIONS

8.1 This Policy has been drawn up in accordance with the requirements of the POPIA act and the provisions of Republic of South Africa law. If the Policy were to be applicable outside of Republic of South Africa, the principles laid down in paragraphs 8.2 and 8.3 apply.
8.2 Where any local legal or regulatory requirements impose additional or more restrictive standards than this Policy, such jurisdictional specific policies shall take precedence.
8.3 Contact your Data Protection Coordinator if this Policy conflicts with local laws in any way.

9. DISCIPLINARY

9.1 Fuzion Track (Pty) Ltd takes its data retention obligations seriously. Fuzion Track (Pty) Ltd will, if required, report violations of this Policy and related provisions to relevant regulatory, governmental and other competent authorities.
9.2 It is your responsibility to comply with this Policy. Failure to comply may leave you personally liable for civil or criminal penalties (including civil or criminal penalties and fines).
9.3 Breaches of this Policy are recorded and monitored. Failure to comply maybe considered during performance reviews for Fuzion Track (Pty) Ltd's employees, associates and service providers.