Policies & Guidelines
Personal information refer to information that identifies or relates specifically to you, for example, your 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. Information relating to your education or the medical, financial, criminal or employment history, any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment, together with biometric information, personal opinions, views or preferences also falls within the very broad definition. In addition, correspondence is also included.
- The types of information collected by the website or app
- The purpose for collecting the data
- Data storage, security and access
- Details of data transfers
- Affiliated websites or organisations (third parties included)
This privacy notice applies to Warshay investments (Pty) Ltd and its subsidiaries (hereafter referred to as “KWV”) and all prospective, present and past KWV Stakeholders (Stakeholders), including but not limited to the following:
- Employees, affiliates, consultants and contractors
- Customers (including persons that are involved in the course of service delivery)
- Visitors to our website
- Third Party Service Providers / partners / operators / resellers
- Any party who contracts with us or otherwise uses our products and/or services
4. ABBREVIATIONS AND DEFINITIONS
The term 'KWV' and abbreviation 'KWV' refer to any company within the Warshay Investment Group of Companies, irrespective of its location and name, both nationally and internationally.
The Information Officer/Deputy Information Officer is the custodian of all protection of personal information related policies and has to ensure the policy is updated and maintained. Privacy champions to ensure implementation and adherence to this policy at all times.
- We may update this Privacy Notice from time to time and encourage you to review it online periodically.
- We are committed to protecting the privacy rights of our Stakeholders. This privacy notice describes our information handling and associated privacy practices. This includes:
- How we collect personal information about our Stakeholders
- How we process and use such personal information
- How we may share personal information
- How we secure personal information
- Stakeholder rights
- Our data practices are subject to applicable laws in the countries in which we operate. This means that we engage in the practices described in this notice in a particular country only if permitted under the laws of that country.
- We only collect, store and process your personal information in accordance with applicable laws and regulations.
6.2 TYPES OF PERSONAL INFORMATION COLLECTED
We may collect the following types or categories of personal information, including:
- Contact details such as name, email address, telephone number and work location.
- Company details required for third parties and customer administration.
- Confidential information that relates to organisations, for example, information security risks and controls.
- Government issued identification numbers for the purposes of employee application validation and employee administration and third party’s registration and administration.
- Information related to candidate or employee race and disability status for BBBEE reporting purposes.
- Other relevant personal information to enable the conduct of business.
- Technical information including your Internet Protocol (IP address) which is used to connect your computer to the internet, operating system and browser type and platform for system administration; and
- Information about your use of our Website including details of your visits such as pages viewed and the resources that you accessed. Such information includes traffic data, location data and other communication data.
- We use Google Analytics to collect site traffic statistics. Analytics tracks and reports website traffic. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network. You can opt-out of Google Analytics by installing the Google Analytics opt-out browser add-on.
6.3 PERSONAL INFORMATION HANDLING PRACTICES
We endeavor to notify our Stakeholders about the manner in which, and the purposes for which, we collect and use their personal information. We collect and use personal information for the following purposes:
- To establish and maintain a relationship with our customers, enabling ongoing service delivery.
- To understand customer needs and preferences. For example, we maintain a record of services you have purchased or signed up for.
- Where the collection and processing is required by Law, for example, mandatory tax reporting requirements.
- For audit and record keeping requirements.
- To conduct statistical or market related research.
- For the administration of remuneration, employment benefits and accounts payable / receivable.
- To evaluate candidates and applicants who submit personal information for employment opportunities.
- To effectively respond to queries submitted through our online “contact us” feature or to individual team members.
- To communicate relevant services and information to Stakeholders.
- Competitions and promotions.
- To follow up as part of our customer care procedures.
We may use your personal information collected including but not limited to your name, email, company and job title for purposes of contacting you, sending notifications, updates and invitations to events. If you would like to withdraw your consent for such processing, you may use the “contact us” feature on this website (update as per the process).
Unless required or permitted by law, we shall not use or disclose personal information or sensitive personal information for a new purpose that has not been identified and consented to by you.
6.4 RETENTION OF PERSONAL INFORMATION
We retain personal information for as long as may be reasonably necessary in accordance with applicable law.
6.5 DIRECT MARKETING ACTIVITIES
We would like to provide you with information about new products, promotions, special offers and other information, which we think you may find interesting. By you opting-in, you agree that we may send you marketing communications via (SMS, E-mail, Telephonic Calls).
You may opt out from receiving marketing communications by clicking on the opt-out link that will be contained in the relevant electronic communication.
Currently we only use cookie technology that is strictly necessary for administration and operation of our website. These are necessary to enable you to click through our website. Example of the type of information that is collected include:
- The IP address from which you access the site.
- The type of browser and operating system used to access the site.
- The date and time of your access to the site.
- The pages you visit.
- The internet address of the website from which you accessed the site.
6.7 CHOICE AND CONSENT
In most circumstances, we receive personal information directly from you, when you request services or products from us, we may require personal information for contact or billing purposes.
We will only require you to consent to the collection, use or disclosure of personal information as per the identified purposes in this notice. We will not unreasonably withhold products, services or information if you refuse or withdraw your consent.
You may withdraw or modify your consent at any time, subject to legal and contractual restrictions, provided that reasonable notice is given to us. If you would like to withdraw your consent for such processing, you may use the “contact us” feature on this website. Please allow at least 30 days for us to effect changes in communication preferences.
6.8 THIRD PARTIES
We may make use of third party services to support our service delivery to Stakeholders. Our third parties are vetted in terms of information protection risks and agree to required privacy practices and controls. Examples of third parties with whom we may share personal information, include (update examples) :
- Member companies within KWV
- Selected and contracted service providers that support our service delivery
- Persons acting on our behalf (incl. affiliate consultants and third parties)
- Courier services
We will not share personal information with third parties other than as disclosed in this notice or explicitly agreed with you. Further, we will only disclose your personal information if:
- The law requires it.
- We have a public duty to disclose the information.
- If it is reasonably necessary to prevent illegal activity.
- Our or your legitimate interests require disclosure.
- You consented to such disclosure.
6.9 CROSS BORDER TRANSFER
We operate globally, and in certain instances, may process personal information in other countries to support ongoing business delivery. Some countries may not be subject to data protection laws or policies which are as stringent as the data protection laws applicable to the European Union and/or in South Africa. Where this is the case, we will ensure that the receiving party agrees in writing to implement adequate privacy principles before we share any personal information with such party.
6.10 HOW WE SECURE PERSONAL INFORMATION
We endeavour to protect the security, availability and confidentiality of personal information by implementing and maintaining reasonable technical and organisational controls. Our controls are aligned to leading practices and frameworks, and other generally accepted controls for information security
Our technical and organisational personal data security measures include:
- the storage of your personal data under password-secured databases;
- the restriction of access to your personal data to specific staff/personnel who are designated and mandated to manage your personal data;
- the restriction of access to all our premises where your personal data is stored in physical or digital form; and
- the binding of any third parties who handle your personal data to confidentiality obligations with respect to the same.
6.11 CHILDREN’S PRIVACY
Should KWV collect children’s Personal Information under the age of 16 years old, KWV will ensure that the relevant consent is obtained from the parent/legal guardian on behalf of the child.
6.12 YOUR PRIVACY RIGHTS
We take note of your rights under applicable data privacy and related legislation, specifically your right to object, upon reasonable grounds, to your personal information being processed. Further, you have the right to request access to the personal information we hold about you by contacting us or completing the PAIA Request Form available at http://www.justice.gov.za/forms/paia/J752_paia_Form%20C.pdf .
Alternatively, and in countries outside of South Africa you may write to us and send your request to firstname.lastname@example.org
You are encouraged to contact us in order to update your personal information as and when necessary.
6.13 QUERIES AND COMPLAINTS
If you have any queries or complaints about Privacy, please contact us via email at email@example.com
6.14 EXTERNAL LINKS
Our website may contain links to external websites and sources of information. This does not indicate endorsement by us and due care should be taken before following such links.
6.15 INFORMATION REGULATOR
Should you wish to contact the South African Information Regulator, we have provided their contact details:
|Telephone:||012 406 4818|
|Fax:||086 500 3351|
CONTACT US AT
Warshay Investments Pty Ltd t/a KWV
57 Main Street
021 807 3911
|Record name||Kept by||Location||Period||Disposal|
|DATE||CHANGES (insert paragraph numbers where changes were made)||REASON FOR CHANGE (see 2000084 for examples)|
|23 June 2021||New Policy||Protection of Personal Information Act implementation.|
Section 51 of the Promotion of Access to Information Act No.2 of 2000, (“the Act”), as amended by the Protection of Personal Information Act no. 4 of 2013 (“POPIA”) requires that Warshay Investments (Pty) Ltd t/a KWV and its subsidiaries, hereafter referred to “KWV”, as a private body must compile a manual giving information to the public regarding the procedure to be followed in requesting information from KWV for the purpose of exercising or protecting rights in accordance with data protection constraints.
2.1 KWV specialises in the manufacturing and trading of alcohol products.
2.2 This manual documents the categories of information held by KWV and aims to assist potential requestors in requesting access to information from KWV as contemplated under the Act.
2.3 The following words or expressions bear the following meanings in this manual:
2.3.1 “the Act” means the Promotion of Access to Information Act No.2 of 2000, together with the regulations and rules published in terms of this Act;
2.3.2 “Manual” means this manual together with its annexures, as amended from time to time, made available at the offices of KWV;
2.3.3 “SAHRC” means the South African Human Rights Commission.
2.4 Company Details
Warshay Investments (Pty) Ltd t/a KWV and its subsidiaries
Registration Number: 2021/018 792/07
Registered Address: 57 Main Road, Southern Paarl, Paarl, 7646
Street Address: 57 Main Road, Southern Paarl, Paarl, 7646
Postal Address: 57 Main Road, Southern Paarl, Paarl, 7646
Tel: 021 807 3911
Information Officer: Daniël Smit
4. ABBREVIATIONS AND DEFINITIONS
Roles and responsibilities
All personal Information must have an owner including what information should be collected, and how it should be used, managed and secured.
The information owner must ensure that the information is secured according to its sensitivity and that access rights and provisions are in place for the information
6.1 A guide on how to use the Act has been compiled by the SAHRC in terms of section 10 of the Act and can be viewed on the SAHRC website and the website of the Information Regulator. (The transfer of functions of the Act from the South African Human Rights Commission to the Information Regulator effective from 30 June 2021.)
6.2 Any queries should be directed to:
6.2.1 The South African Human Rights Commission:
6.2.2 PAIA Unit
6.2.3 The Research and Documentation Department
6.2.4 Physical address: Braampark Forum 3, 33 Hoofd Street, Braamfontein, South Africa
6.2.5 Postal Address: Private Bag X2700, Houghton, 2041, Johannesburg, South Africa Telephone: +27 (0)11 877 3600
6.2.6 Fax: +27 (0)11 403 0668
6.2.7 Website: https://www.sahrc.org.za/index.php/understanding-paia
6.2.8 Email: firstname.lastname@example.org
6.3 The Information Regulator (South Africa)
JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001
P.O Box 31533, Braamfontein, Johannesburg, 2017
6.4 Availability of Manuals
6.4.1 This manual is available for inspection by the general public upon request, during office hours and free of charge, at the offices of KWV.
6.4.2 Copies of the manual may be made, subject to the prescribed fees, and
18.104.22.168 May be requested from the South African Human Rights Commission (“SAHRC”);
22.214.171.124 May be made available to the Information Regulator upon request.
6.4.3 The manual is also posted on KWV’s website at https://www.kwv.co.za/
6.5 The Processing of Personal Information
6.5.1 KWV collects information from our business or our website which information may be personal information and which information is protected under the Protection of Personal Information Act (POPIA).
6.5.2 KWV collects personal information where it has obtained the consent of the person to whom the information belongs and where:
126.96.36.199 Processing complies with an obligation imposed by law on KWV;
188.8.131.52 KWV has a legitimate requirement to use or process such information; or
184.108.40.206 KWV meets its responsibilities to customers, employees and other natural or juristic persons.
6.6 KWV may disclose personal information lawfully to:
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6.6.1 Any regulatory authority and the regulators they appoint;
6.6.2 Comply with any regulation passed under the relevant legislation, or any legal process;
6.6.3 Protect and defend KWV’s rights and property (including its intellectual property);
6.6.4 Protect public interest;
6.6.5 Legal advisors or similar service providers with the appropriate undertakings to protect the information; or
6.6.6 Group companies and subsidiaries.
6.7 KWV may supply employee personal information to:
6.7.1 Pension/provident fund and/or their trustees;
6.7.2 Medical Aid funds/medical Insurances;
6.7.3 Recruitment companies; or
6.7.4 Credit Bureaus.
6.7.5 Government institutions
6.7.6 Training Institutions
6.7.7 Relevant third parties
6.8 Where KWV uses the services of third parties to process personal information, KWV will ensure that the necessary contractual measures are in place to protect against loss or disclosure of such personal information.
6.9 Categories of Data Subjects and Personal Information Processed by the Company.
Categories of data subjects and personal information processed by the Company include the following:
|Categories of Data Subject||Personal Information Processed|
|Clients / Prospective Clients: Natural Persons||Names; contact details; physical and postal addresses; dates of birth; identification numbers; financial information; nationality; confidential correspondence.|
|Clients / Prospective Clients: Juristic Persons||Names of contact persons; name of legal entity; physical / postal addresses and contact details; financial information; registration number; founding documents and related information; authorised signatories; information of connected parties|
|Contracted Service Providers / Vendors||Names of contact persons; name of legal entity; physical and postal address and contact details; financial information; registration number; founding documents; authorised signatories; BEE Certificates.|
|Employees / Potential Employees / Contracted staff members||Gender; marital status; race; age; language; identity number; physical and postal addresses and contact details; financial information; Doc. no. 2025466 vs 00 Page 4 of 13 Printed on: 2021-08-05 pregnancy status; educational information, employment history, medical history, criminal history, opinions|
|KWV Group Companies: Juristic Persons||Name of legal entity; physical / postal addresses and contact details; statutory information; financial information.|
6.10 Categories of Information Insofar as the Act is concerned
The list of subjects and categories of information held by the Company includes the following:
6.10.1 Statutory Company Information
220.127.116.11 Memorandum and Articles of Association/Memorandum of Incorporation
18.104.22.168 Certificates issued by the Registrar of Companies
22.214.171.124 Company resolutions
126.96.36.199 Proxy forms
188.8.131.52 Company forms lodged with the Registrar in terms of the Companies Act, Minute books
184.108.40.206 Share registers
220.127.116.11 Director’s attendance registers
18.104.22.168 Shareholder agreements
6.10.2 Accounting Records
22.214.171.124 Annual financial statements
126.96.36.199 Books of account
188.8.131.52 Fixed Asset Registers
184.108.40.206 Client Invoices
220.127.116.11 Supplier Invoices and Auditor’s reports
18.104.22.168 Income Tax returns
22.214.171.124 Value Added Tax returns
6.10.3 Banking Details
126.96.36.199 Bank facilities and account details
188.8.131.52 Overdraft facilities
184.108.40.206 Bank statements
220.127.116.11 Bank signatory forms
18.104.22.168 Other banking records and agreements
6.10.4 Human Resources / Employment Records
22.214.171.124 Pay as You Earn (PAYE) records
126.96.36.199 Contracts of employment
188.8.131.52 Personnel files
184.108.40.206 Disciplinary records
220.127.116.11 Schedule of shares
18.104.22.168 Employee benefit records
22.214.171.124 Salary and wage register
126.96.36.199 Provident fund agreement, rules and actuarial valuation reports
188.8.131.52 Minutes of meetings of trustees and members of provident fund
184.108.40.206 Provident fund contribution reports
220.127.116.11 Attendance and leave registers
18.104.22.168 Expense accounts
22.214.171.124 Group life
126.96.36.199 Human resource policies and codes of conduct
188.8.131.52 Training manual
184.108.40.206 Medical Aid Administration
6.10.5 Client Information
220.127.116.11 Documentation and other information received from clients.
18.104.22.168 Documentation and other information received from third parties.
22.214.171.124 Correspondence with clients.
126.96.36.199 Correspondence with third parties.
188.8.131.52 Information prepared by employees for clients, including opinions, memoranda and reports.
184.108.40.206 Other information relating to, or held on behalf of, clients
6.10.6 Insurance Records
220.127.116.11 Insurance policies taken out for the benefit of KWV and its employees.
6.10.7 Immovable And Movable Property
18.104.22.168 Agreements of lease of immovable property occupied by KWV.
22.214.171.124 Credit sale agreements and/or hire purchase agreements.
126.96.36.199 Other agreements for the purchase, ordinary sale, conditional sale or hire of assets.
6.10.8 Information Technology
188.8.131.52 Computer software, support and maintenance agreements.
184.108.40.206 Other documentation pertaining to computer systems and computer programmes held by KWV.
6.10.9 Sales And Marketing
220.127.116.11 Brochures, Newsletters and Advertising Materials.
18.104.22.168 Marketing agreements.
6.10.10 Miscellaneous Agreements
22.214.171.124 Loans from third parties (including banks).
126.96.36.199 Loans to third parties.
188.8.131.52 Suretyship agreements.
184.108.40.206 Security agreements, guarantees and indemnities.
220.127.116.11 Agency, management and distribution agreements.
18.104.22.168 Agreements with suppliers.
22.214.171.124 Confidentiality and/or non-disclosure agreements.
126.96.36.199 Any other relevant agreements.
6.11 Records Available in terms of Other Legislation
Records are kept in accordance with such other legislation as is applicable to KWV which includes, but is not limited to, the following:
6.11.1 Income Tax Act 58 of 1962
6.11.2 Financial Advisory and Intermediary Services Act 37 of 2002
6.11.3 Financial Intelligence Centre Act, 38 of 2001
6.11.4 Value Added Tax Act 89 of 1991
6.11.5 Occupational Health and Safety Act 85 of 1993
6.11.6 Labour Relations Act 66 of 1995
6.11.7 Basic Conditions of Employment Act 75 of 1997
6.11.8 Employment Equity Act 55 of 1998
6.11.9 Prevention of Organised Crime Act 121 of 1998
6.11.10 Protection of Constitutional Democracy against Terrorism and Related Activities Act No. 33 of 2004
6.11.11 Protection of Personal Information Act no. 4 of 2013
6.11.12 Medical Schemes Act 131 of 1998
6.11.13 Skills Development Levies Act 9 of 1999
6.11.14 Unemployment Insurance Act 63 of 2001
6.11.15 Unemployment Insurance Contributions Act 4 of 2002
6.11.16 Companies Act 71 of 2008
6.12 Information Automatically Available
6.12.1 The following categories of records are automatically available for inspection, or photocopying without having to be requested in terms of the Act:
188.8.131.52 Pamphlets / Brochures
184.108.40.206 Reports of a public nature
220.127.116.11 Other information intended for public viewing.
6.12.2 The only fee payable for access to the records listed in this clause 6.12 is a prescribed fee for reproduction.
6.13 Information Security Measures to Protect Personal Information
6.13.1 KWV is committed to developing appropriate safeguards to make sure that personal data is kept secure and confidential, and is protected against reasonably anticipated threats to its security or integrity, and against unauthorised access or use that might result in substantial harm or inconvenience to data subjects.
6.13.2 Reasonable technical and organisational measures are implemented for the protection of personal information processed by the Company.
6.13.3 The Company continuously implements and monitors technical and organisational security measures to protect personal information against unauthorised access as well as accident or wilful manipulation, loss or destruction.
6.14 Request Procedures
Any and all records shall only be made available subject to the provisions of the Act.
6.14.1 Form Of Request
18.104.22.168 When making a request to access a record, the requester must use the prescribed form (refer to Annexure B), addressed to the head of the body.
22.214.171.124 The requester must provide sufficient detail on the request form to allow for the identification of the record and the requester. The requester should also indicate which form of access is required and specify a postal address or fax number in the Republic.
126.96.36.199 The requester must identify the right that is sought to be exercised or protected and provide an explanation of why the requested record is required for the exercise or protection of that right.
188.8.131.52 If a request is being made on behalf of another person, the requester must submit proof of the capacity in which the requester is making the request.
6.15.1 A requester who seeks access to a record containing personal information about the requester is not required to pay the request fee.
6.15.2 Where fees are payable these are detailed in the request form.
6.15.3 If the request is granted, a further fee will be payable for the search, preparation and reproduction of the record.
6.15.4 The requester may lodge an application to the court against the tender or payment of the request fee or may lodge a complaint with the Information Regulator.
6.16.1 The Company will, within 30 days of receipt of a request, decide whether to grant or decline a request, providing reasons to that effect.
6.16.2 The 30-day period within which the Company has to decide whether to grant or refuse a request may be extended for a further period of not more than 30 days if reasonably required under the circumstances.
6.16.3 If the request for access is refused, the requester may lodge an application to court or alternatively, lodge a complaint with the Information Regulator.
6.17 Grounds for Refusal
184.108.40.206 KWV has the right to refuse a request for information based on any of the following grounds:
220.127.116.11 Mandatory protection of the privacy of a third party who is a natural person, which would involve the unreasonable disclosure of personal information of that natural person;
18.104.22.168 Mandatory protection of the commercial information of a third party, if the record contains:
22.214.171.124.1 Trade secrets of that third party;
126.96.36.199.2 Financial, commercial, scientific or technical information which disclosure could likely cause harm to the financial or commercial interests of that third party; and
188.8.131.52.3 Information disclosed in confidence by a third party, if the disclosure could put that third party at a disadvantage in negotiations or commercial competition.
184.108.40.206 Mandatory protection of confidential information of third parties if it is protected in terms of any agreement or legislation;
220.127.116.11 Mandatory protection of the safety of individuals and the protection of property;
18.104.22.168 Mandatory protection of records which would be regarded as privileged in legal proceedings;
22.214.171.124 The information relates to the commercial activities of KWV, which may include:
126.96.36.199.1 Trade secrets of KWV;
188.8.131.52.2 Financial, commercial, scientific or technical information which disclosure could likely cause harm to the financial or commercial interests of KWV;
184.108.40.206.3 Information which, if disclosed, could put KWV at a disadvantage in negotiations or commercial competition;
220.127.116.11.4 A computer program which is owned by KWV and which is protected by copyright.
18.104.22.168 The research information of KWV or a third party, if its disclosure would disclose the identity of the institution, the researcher or the subject matter of the research and would place the research at a serious disadvantage;
6.17.2 A request for information that is clearly frivolous or vexatious, or which would involve an unreasonable diversion of resources will be refused.
6.18 Prescribed Fees and Forms in respect of Private Bodies
The prescribed fees and form for requests to private bodies are attached to this manual, marked “Annexure A” and “Annexure B” respectively and are available on the websites of the Information Regulator, https://www.justice.gov.za/inforeg/docs.htmland the SAHRC, www.sahrc.org.za.
8.1 Annexure A
8.2 Annexure B