POPIA

  1. INTRODUCTION 
    1. The  terms used in this document (Privacy Policy) shall bear the meaning ascribed to such terms in section 1 of the Protection of Personal Information Act 4 of 2013 (POPIA). 
    2. This Privacy Policy has been prepared in accordance with the POPIA (and the POPIA Regulations) and governs the manner in which Terre Paisible, as a Responsible Party, Processes and makes use of the Personal Information which it collects or is provided to it.  
    3. This Privacy Policy is applicable to all Data Subjects whose Personal Information is Processed by Terre Paisible. 
    4. Terre Paisible respects others’ privacy, Personal Information and personal data and, for this reason,  Terre Paisible is committed to safeguarding, keeping confidential and taking all reasonable measures in accordance with this Privacy Policy to protect Personal Information and to keep it confidential.  
    5. When dealing with your Personal Information, Terre Paisible will: 
      1. only disclose, collate and Process your Personal Information with your express written permission unless Terre Paisible is otherwise legally required to do so; and   
      2. not disclose, collate and Process your Personal Information for any other purpose, other than that which is disclosed, unless Terre Paisible is provided express written permission to do so, or unless Terre Paisible is permitted or required to do so by law.
    6. This Privacy Policy is expected to be updated from time to time to reflect changes towards Processing of Personal Information or any changes as applicable with regards to the POPIA. Terre Paisible encourages concerned users to read its Privacy Policy at regular intervals.  
    7. For purposes of this Privacy Policy:  
      1. Terre Paisible or we or us or our refers to Terre Paisible (Pty) Ltd with registration number 2015/306581/07, a private company incorporated in terms of the laws of South Africa;  
      2. Website refers to any of Terre Paisible’s website/s, including the Terre Paisible websites accessible at www.terrepaisible.com, https://www.terrepaisiblemedicalspa.com and/or any of Terre Paisible’s social media networks; and 
      3. you or your refers to visitors to the Website, Terre Paisible’s clients and suppliers with whom Terre Paisible interacts in one way or the other. 
    8. By using the Website, contacting Terre Paisible electronically or providing your Personal Information to Terre Paisible in any other format, you provide Terre Paisible with your express written permission to Process and/or share your Personal Information with its affiliated entities and with its partners, in the ordinary course of Terre Paisible’s business. You may revoke this consent in writing at any time. 
  2. PROCESSING PERSONAL INFORMATION  
    1. Personal Information
      1. 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; 
        3. any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person; 
        4. the biometric information of the person; 
        5. the personal opinions, views or preferences of the person; 
        6. 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; 
        7. the views or opinions of another individual about the person; and  
        8. 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. 
    2. Collection of Personal Information 
      1. Terre Paisible collects Personal Information from different sources, namely:  
        1. when contacted via e-mail or telephone or by any other means of communications; 
        2. as part of Terre Paisible’s client on-boarding procedure; 
        3. when managing transactions for or on behalf of clients; and 
        4. when the Website is visited. 
      2. Generally, Personal Information will be provided directly to Terre Paisible. However, in some cases, Terre Paisible may collect Personal Information from a third-party source, including, but not limited to, government or other agencies, service provider(s) or from public records.  
    3. Relevant Personal Information 
      1. Terre Paisible may Process the following categories of Personal Information:  
        1. Personal details: first and last name, middle name, gender, pregnancy, physical or mental health, disability, date of birth or age, marital status, ID number, passport number, nationality, photographs; 
        2. Family details: names and contact details of family members; 
        3. Contact details: address, telephone and mobile numbers, e-mail address; 
        4. Education history: details of education and qualifications found on public websites; 
        5. Financial details: billing address, bank account numbers, credit card numbers, cardholder or accountholder name and details, instruction records, transaction details; or 
        6. Electronic identifying data: IP addresses, cookies. 
    4. Processing Special Personal Information  
      1. Terre Paisible does not seek to collect or otherwise Process Special Personal Information except when:  
        1. required by law;  
        2. necessary to provide proper medical treatment; or 
        3. Terre Paisible has obtained, subject to applicable law, explicit consent prior to Processing Special Personal Information.
      2. Special Personal Information refers to Personal Information concerning: 
        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 
        2. the criminal behaviour of a Data Subject to the extent that such information relates to: 
          1. the alleged commission by a Data Subject of any offence; or 
          2. any proceedings in respect of any offence allegedly committed by a Data Subject or the disposal of such proceedings. 
    5. Processing Personal Information of Children   
      1. Terre Paisible does not intend to Process any Personal Information relating to children. Terre Paisible will only Process the Personal Information of children where the Processing is:   
        1. carried out with the prior consent of a competent person. A competent person means any person who is legally competent to consent to any action or decision being taken in respect of any matter concerning the child; 
        2. necessary for the establishment, exercise or defence of a right or obligation in law; 
        3. necessary to comply with an obligation of international public law; 
        4. for historical, statistical or research purposes to the extent that: 
          1. the purpose serves a public interest and the Processing is necessary for the purpose concerned; or 
          2. it appears to be impossible or would involve a disproportionate effort to ask for consent, 
          3. and sufficient guarantees are provided for to ensure that the Processing does not adversely affect the individual privacy of the child to a disproportionate extent; or 
        5. of Personal Information which has deliberately been made public by the child with the consent of a competent person.
    6. Purposes for which Terre Paisible may Process Personal Information  
      1. Whether Terre Paisible receives Personal Information directly from a person or from a third-party source, Terre Paisible will only Process Personal Information for the purposes listed below, subject to applicable law:
        1. Providing services.  
        2. Direct Marketing and/or prospecting.  
        3. IT and Information Security Operations.  
        4. Financial management.  
        5. Anti-Money Laundering and Know-Your-Client.  
        6. Analytics.  
        7. Client on-boarding.  
        8. Physical security.  
        9. Legal matters (for e.g. legal compliance and legal proceedings).  
        10. Fraud prevention.  
        11. For any purpose related to the foregoing or for any purpose for which Personal Information was provided to Terre Paisible. 
  3. NOTIFICATION OF A PERSONAL INFORMATION SECURITY BREACH 
    1. Terre Paisible shall: 
      1. immediately notify you and the Regulator in writing when becoming aware of, or having reasonable grounds to believe that, your Personal Information has been accessed or acquired by an unauthorised person and take all appropriate steps to limit the compromise of your Personal Information and to restore the integrity of the affected information systems as quickly as possible; and 
      2. provide you with details of your Personal Information affected by the compromise, including:  
        1. the nature and extent of the compromise; 
        2. description of the measures that Terre Paisible intends to take or has taken to address the compromise;  
        3. measures which you can take to mitigate the effects of the compromise; and 
        4. where possible, details of the identity of the unauthorised person/s who are known to or who may reasonably be suspected of, having accessed or acquired your Personal Information.
  4. IP ADDRESSES AND COOKIES
    1. Terre Paisible may collect information about a computer, including (where available) its IP address, operating system and browser type, for system administration. 
    2. Terre Paisible may obtain information about general internet usage by using a “cookie file” which is stored on the hard drive of a computer. “Cookies” refers to information that is sent from the Website to a hard drive where it is saved and contains information to personalise a person’s experience on the Website.  
    3. In this way, the next time the Website is used, it will know who the user is and that the user has visited the Website before. This helps Terre Paisible to improve the Website and to deliver a better and more personalised service.  
    4. Your acceptance of cookies and other analytical technologies is entirely voluntary. Most web browser software is initially set up to accept the use of such technologies, however, you can reset your web browser software to indicate when they are being used and/or to refuse any such use. You are also able to delete cookies at any time. However, some parts of the Website may not function properly or may be considerably slower if you refuse cookies. 
  5. DISCLOSURE OF PERSONAL INFORMATION
    1. Your privacy is important to us and we will therefore not sell, rent or provide your Personal Information or Special Personal Information to any unauthorised third parties for their independent use, without your consent, unless required by law. If, at any stage after you have given Terre Paisible your consent, you no longer wish Terre Paisible to use or share your Personal Information or Special Personal Information, you may at any stage withdraw your consent. 
    2. Terre Paisible may need to transfer and disclose your Personal Information to other related companies affiliated to Terre Paisible and/or third parties involved in matters, for legitimate business purposes, in accordance with applicable laws.  
    3. Where Terre Paisible transfers or discloses your Personal Information, Terre Paisible will do so in accordance with applicable data protection laws and will take appropriate safeguards to ensure its integrity and protection.  
    4. Terre Paisible shall ensure that each related affiliated entity enters into a written agreement subjecting such affiliated entities to equivalent obligations with respect to Personal Information that are imposed on Terre Paisible under this Privacy Policy and under the POPIA. 
    5. Terre Paisible is not responsible for any representations, information or warranties or content on any third-party website (including third-party websites linked to the Website).  
    6. Terre Paisible is not responsible for the conduct of third parties to which it provides Personal Information under this Privacy Policy and therefore you should refer to the respective privacy policies of these third parties to see how they protect your privacy. 
  6. INTERNATIONAL TRANSFER OF PERSONAL INFORMATION
    1. Terre Paisible has international clients and conducts business internationally. Accordingly, Terre Paisible may need to transfer Personal Information to its affiliated entities in connection with the purposes set out in this Privacy Policy.  
    2. Should Terre Paisible be required to transfer any Personal Information to such locations outside of the Republic of South Africa, and to Process the Personal Information in such locations, we will ensure that the third party who will be the recipient of the Personal Information will be subject to a law, binding corporate rules or binding agreement which provides an adequate level of protection that effectively upholds principles for reasonable Processing of the Personal Information that are substantially similar to the conditions for the lawful Processing of the Personal Information as prescribed by the POPIA. 
  7. DATA SECURITY
    1. Terre Paisible has implemented the appropriate physical, technical and organisational security measures which ensures a level of internal security designed to protect  Personal Information of Data Subjects against accidental or unlawful destruction, accidental loss, alteration, unauthorised disclosure, unauthorised access, and other unlawful or unauthorised forms of Processing of Personal Information, in accordance with the applicable laws. 
  8. DATA ACCURACY
    1. Terre Paisible has ensured that reasonable steps have been (or will be) taken in order to ensure that:
      1.  Personal Information which is Processed is accurate and where necessary, kept up to date, and 
      2. any of the Personal Information that Terre Paisible Processes which is considered inaccurate, is erased or rectified. 
    2. Terre Paisible is not responsible for the accuracy, completeness, or currency of your Personal Information. In this regard:
      1. you may from time to time be requested to confirm that the Personal Information Terre Paisible has about you is up to date and correct; and 
      2. you must report any changes to your Personal Information to Terre Paisible in order for Terre Paisible to keep the data accurate and up to date. 
    3. Please notify us of any updates or corrections to your Personal Information held by Terre Paisible by contacting us on 0661826221or info@terrepaisible.com 
  9. MINIMISED COLLECTION OF DATA
    1. Terre Paisible takes reasonable steps to limit the collection of your Personal Information to what is directly relevant and necessary to accomplish specific purposes set out in this Privacy Policy.
  10. LEGAL RIGHTS
    1. According to the applicable law, a person has a number of rights regarding the Processing of Personal Information, including the right at any time to:
      1. establish whether Terre Paisible holds your Personal Information and to request access to your Personal Information; 
      2. object to what you believe to be the unlawful Processing of your Personal Information; 
      3. object to the Processing of your Personal Information on reasonable grounds relating to your particular situation, unless Processing is required by law; 
      4. object to the Processing of your Personal Information for purposes of Direct Marketing; 
      5. withdraw your consent to the Processing of your Personal Information in terms of this Privacy Policy and request us to cease such Processing and delete all records of your Personal Information. You can do so by contacting Terre Paisible on 066 182 6221 or info@terrepaisible.com; 
      6. request Terre Paisible to correct, destroy or delete any of your Personal Information that may be in our possession or under our control where such information is inaccurate, irrelevant, excessive, out of date, incomplete, misleading, or unlawfully obtained. In this regard, please take note that any such deletion may impact on your ability to utilise the full functionality of the Website and any of our services and products; 
      7. not be subject, under certain circumstances, to a decision which is based solely on the basis of the automated Processing of your Personal Information intended to provide a profile of you; 
      8. institute civil proceedings regarding the alleged interference with the protection of your Personal Information; and 
      9. submit a compliant to the Information Regulator regarding an alleged interference with the protection of your Personal Information in accordance with this Privacy Policy.
  11. RETENTION
    1. Terre Paisible will retain your Personal Information only for as long as is necessary in order to fulfil the purpose for which it was collected or Processed. In general, and unless otherwise determined, we do not consider it necessary to retain your Personal Information for a period longer than is necessary for achieving the purpose for which the information was collected. 
    2. Terre Paisible may retain Personal Information beyond the time period contemplated in clause 11.1 where: 
      1. there is explicit consent given for the further retention of such information; 
      2. Terre Paisible reasonably requires such information to be retained for lawful purposes related to Terre Paisible’s business functions or activities; 
      3. such information is necessary to be retained for historical, statistical or research purposes; 
      4. Terre Paisible is required by law to retain such information; or 
      5. Terre Paisible is required to retain such information by virtue of a contract entered into between us. 
    3. Any information retained pursuant to clause 11.2 shall be retained only for so long as is required to fulfil the purpose for which it was retained for any additional period. 
    4. Upon Terre Paisible no longer being required to retain the Personal Information, Terre Paisible will, as soon as reasonably practicable, delete, destroy, or de-identify all of your Personal Information held by us. 
  12. CONSEQUENCES OF FAILURE TO PROVIDE YOUR PERSONAL INFORMATION 
    1. Providing your Personal Information to Terre Paisible is usually voluntary. However, it may be mandatory for your to provide your Personal Information in certain circumstances.  
    2. Should the Personal Information not be provided, and should you fail to furnish your consent to the Processing of the Personal Information, Terre Paisible will be unable to provide the products or services to you or comply with our legal obligations. 
  13. COMPLAINTS AND ENQUIRIES 
    1. Should there be any questions, requests or concerns regarding this Privacy Policy, kindly contact or e-mail Terre Paisible’s Information Officer on 079 873 8797 or shirley@terrepaisible.com.
  14. APPLICABLE LAW
    1. This Privacy Policy is governed by the laws of the Republic of South Africa. The user consents to the jurisdiction of the South African Courts for any dispute which may arise out of or in connection with the formation, interpretation, substance or application of this Privacy Policy.