Last Updated: August 2022
The Rakoma & Associates Inc. website is owned by Rakoma & Associates Inc., which is a data controller of your personal data.
We take care of your personal data and undertake to guarantee its confidentiality and security.
Rakoma & Associates Inc. is committed to protecting its members’/clients’/employees’ and other data subjects’ privacy and ensuring that their personal information is used appropriately, transparently, securely and in accordance with applicable laws.
Rakoma & Associates Inc. processes personal information of its employees, members, clients, and other data subjects from time to time. As such, it is obliged to comply with the Protection of Personal Information Act No. 4 of 2013 (“POPI”) as well as the Promotion of Access to Information Act No. 2 of 2000 (“PAIA”).
By providing us with your Personal Information, you
- agree to this Policy and authorise us to process such information as set out herein; and
- authorise Rakoma & Associates Inc., its service providers and business partners to process your Personal Information for the purposes stated in this Policy.
We will not use your Personal Information for any other purpose than that set out in this Policy and will endeavour to protect your Personal Information that is in our possession from unauthorised alteration, loss, disclosure or access.
Please note that we reserve the right to amend and update this Policy from time to time.
This Policy applies to Rakoma & Associates Inc.’s employees and/or any other person, including without detracting from the generality thereof, any juristic or natural person, employees, prospective employees, employment candidates, service providers, Operators, customers and consumers, governmental, provincial and municipal agencies or entities, regulators, persons making enquires and/or third parties, including all associated, related and/or family members of such Data Subjects or any person who may be acting on behalf of/or in a representative capacity in respect of the Data Subject, and from whom Rakoma & Associates Inc. receives Personal Information.
Rakoma & Associates Inc. will only process Personal Information referred to in section 57(1) of POPIA upon obtaining prior authorisation in accordance with section 58(1) of POPIA and subject to section 57(3) of POPIA.
Capitalised terms used in this Policy have the meanings ascribed thereto in section 1 of POPIA, unless otherwise defined herein.
Collection Of Personal Information
Rakoma & Associates Inc. collects and processes various information pertaining to its employees, clients, and suppliers. The information collected is based on need and it will be processed for that need/purpose only. Whenever possible, Rakoma & Associates Inc. will inform the relevant party of the information required (mandatory) and which information is deemed optional.
When you visit the Rakoma & Associates Inc. Website, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the installed cookies on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products you view, what websites or search terms referred you to the Site, and how you interact with the Site. We refer to this automatically collected information as “Device Information.” Moreover, we might collect the personal data you provide to us (including but not limited to Name, Surname, Address, payment information, etc.) during registration to be able to fulfil the agreement.
Our top priority is customer data security, and, as such, we may process only minimal user data, only as much as it is absolutely necessary to maintain the website. Information collected automatically is used only to identify potential cases of abuse and establish statistical information regarding website usage. This statistical information is not otherwise aggregated in such a way that it would identify any particular user of the system.
You can visit the website without telling us who you are or revealing any information, by which someone could identify you as a specific, identifiable individual. If, however, you wish to use some of the website’s features, or you wish to receive our newsletter or provide other details by filling a form, you may provide personal data to us, such as your email, first name, last name, city of residence, organization, telephone number. You can choose not to provide us with your personal data, but then you may not be able to take advantage of some of the website’s features. For example, you won’t be able to receive our Newsletter or contact us directly from the website. Users who are uncertain about what information is mandatory are welcome to contact us via [email protected].
The type of information we collect will depend on the purpose for which it is collected and used. We will only collect information that we need for that purpose.
The employee or client will be informed of the consequence/s of failing to provide such Personal Information and any prejudice which may be incurred due to non-disclosure. For example, Rakoma & Associates Inc. may not be able to employ an individual without certain personal information relating to that individual or the organisation may not be in a position to render services to a client in the absence of certain information which is required..
Where possible, we will inform you what information you are required to provide to us and what information is optional.
Website usage information is collected using “cookies” which allows us to collect standard internet visitor usage information (if applicable).
We will not intentionally collect and process the Personal Information of a Child unless we have the permission of a Competent Person.
Categories Of Personal Information We May Process
The Personal Information we may process includes, but is not limited to the following:
- Name and physical address, email addresses, telephone numbers, contact details, and details of your public social media profile(s);
- Demographic attributes, when tied to Personal Information that identifies you;
- Transactional data, including products and services ordered, financial details and payment methods;
- Data from surveys and publicly available information, such as social media posts and professional profiles available in the public domain, e.g. LinkedIn, Twitter or Facebook;
- Information relating to the education or the medical, financial, criminal or employment history (this includes disciplinary action) of an employee.
- Information about a device you use, such as browser, device type, operating system, the presence or use of “apps”, screen resolution, and the preferred language;
- Consent records: records of any consents you may have given, together with the date and time, means of consent and any related information;
- Employer details: where you interact with us in your capacity as an employee of an organisation, the name, address, telephone number and email address of your employer, to the extent relevant; and
- Payment details: billing address; payment method; bank account number or credit card number; invoice records; payment records; SWIFT details; IBAN details; payment amount; payment date; and records of cheques;
- Data relating to your visits to our website: your device type; operating system; browser type; browser settings; IP address; language settings; dates and times of connecting to a website; and other technical communications information (if applicable).
Special Personal Information
Where we need to process your Special Personal Information, we will do so in the ordinary course of our business, for a legitimate purpose, with your consent and in accordance with applicable laws. . On some occasions, there may be other reasons for processing your Special Personal Information, such as where the information has been deliberately made public by you. The situations which we may process your Special Personal Information include the following:
as part of the recruitment and hiring process, we may process information relating to your trade union membership and criminal behaviour.
The processing of Special Personal Information requires higher levels of protection. Sufficient security measures have been provided for to ensure that the processing does not adversely affect the individual privacy of the data subject to a disproportionate extent. The Company has implemented appropriate safeguards, which we are required by law to process and maintain Special Personal Information. We will particularly not process Special Personal Information about you unless it is necessary for establishing, exercising or defending a right or obligation in law, or where we have obtained your consent to do so.
Purposes Of Processing And Legal Bases For Processing
We will only process your Personal Information in the ordinary course of providing our consulting and auditing business/related services including but not limited to:
- Internal Auditing
- External Auditing
- Forensic Auditing
We will primarily use your Personal Information only for the purpose for which it was originally or primarily collected. We will use your Personal Information for a secondary purpose only if such purpose constitutes a legitimate interest and is closely related to the original or primary purpose for which the Personal Information was collected. We may subject your Personal Information to Processing during the course of various activities, including, without limitation, the following:
- operating our business;
- to analyse, develop, improve and optimize the use, function and performance of our products and services;
- compliance with applicable law; and
- to manage the security of our sites, networks and systems;
- for the purpose of making contact with you and attending to your enquiries or requests;
- for the purpose of carrying out actions for the conclusion and performance of a contract between Rakoma & Associates Inc. and yourself / the Data Subject;
- for the purpose of pursuing your and/or Rakoma & Associates Inc.’s legitimate interests, or that of a third party to whom the Personal Information is supplied;
- for the purpose of providing, maintaining and improving Rakoma & Associates Inc.’s products and services, and to monitor and analyse various usage and activity trends pertaining thereto;
- for the purpose of performing internal operations, including management of employees, the performance of all required functions of Rakoma & Associates Inc., attending to financial matters including budgeting, planning, invoicing, facilitating and making payments sending receipts and generally providing commercial support, where needed, requested or required;
- for the purpose of preventing fraud and abuse of Rakoma & Associates Inc.’s processes, systems, procedures and operations, including conducting internal and external investigations and disciplinary enquires and hearings;
- for safety and security purposes; and
- to comply with applicable laws.
You agree that Rakoma & Associates Inc. may use all the Personal Information which you provide to Rakoma & Associates Inc., which Rakoma & Associates Inc. requires for the purposes of pursuing its business objectives and strategies.
Disclosure Of Personal Information To Third Parties
We will disclose any information we collect, use or receive if required or permitted by law, such as to comply with a subpoena or similar legal process, and when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.
We may disclose your Personal Information to our clients and business partners, for legitimate business purposes, in accordance with applicable law and subject to applicable professional and regulatory requirements regarding confidentiality. In addition, we may disclose your Personal Information:
- if required by law;
- to third party Operators (including, but not limited to, data processors such as providers of data hosting services and document review technology and services), located anywhere in the world;
- to provide information to third party service providers who process information on our behalf to help run some of our internal business operations including email distribution, IT services and customer services;
- to any relevant party for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including, but not limited to, safeguarding against, and the prevention of threats to, public security; and
- to any relevant third-party provider, where our website uses third party advertising, plugins or content.
If we engage a third-party Operator to process any of your Personal Information, we recognise that any Operator who is in a foreign country must be subject to a law, binding corporate rules or binding agreements which provide an adequate level of protection similar to POPIA. We will review our relationships with Operators we engage and, to the extent required by any applicable law if force, we will require such Operators to be bound by contractual obligations to:
- only process such Personal Information in accordance with our prior written instructions; and
- use appropriate measures to protect the confidentiality and security of such Personal Information.
International Transfer Of Personal Information
We may transfer your Personal Information to recipients outside of the Republic of South Africa.
Personal Information may be transferred outside of the Republic of South Africa provided that the country to which the data is transferred has adopted a law that provides for an adequate level of protection substantially similar to POPIA, the Operator/third party undertakes to protect the Personal Information in line with applicable data protection legislation and the transfer is necessary in order to provide Rakoma & Associates Inc.’s products and services.
We secure information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use, or disclosure. We keep reasonable administrative, technical, and physical safeguards to protect against unauthorized access, use, modification, and personal data disclosure in its control and custody. However, no data transmission over he Internet or wireless network can be guaranteed.
- We implement appropriate technical and organisational security measures to protect your Personal Information that is in our possession against accidental or unlawful destruction, loss, alteration, unauthorised disclosure, unauthorised access, in accordance with applicable law.
- Where there are reasonable grounds to believe that your Personal Information that is in our possession has been accessed or acquired by any unauthorised person, we will notify the relevant regulator and you, unless a public body responsible for detection, prevention or investigation of offences or the relevant regulator informs us that notifying you will impede a criminal investigation.
- Due to the fact the internet is an open system, the transmission of information via the internet is not completely secure. Although we will implement all reasonable measures to protect your Personal Information that is in our possession, we cannot guarantee the security of any information transmitted using the internet and we cannot be held liable for any loss of privacy occurring during the course of such transmission.
The Personal Information provided to Rakoma & Associates Inc. should be accurate, complete and up to date. Should Personal Information change, the onus is on the provider of such data to notify Rakoma & Associates Inc. of the change and provide Rakoma & Associates Inc. with the accurate data.
Rakoma & Associates Inc. will restrict its Processing of Personal Information to data which is sufficient for the fulfilment of the primary purpose and applicable legitimate purpose for which it was collected.
Rakoma & Associates Inc. shall only retain and store Personal Information for the period for which the data is required to serve its primary purpose or a legitimate interest or for the period required to comply with an applicable legal requirement, whichever is longer.
Your Legal Rights
You may have rights under the South African and other laws to have access to your Personal Information and to ask us to rectify, erase and restrict use of your Personal Information. You may also have rights to object to your Personal Information being used, to ask for the transfer of Personal Information you have made available to us and to withdraw consent to the use of your Personal Information.
If you are a European resident, you have the following rights related to your personal data:
- The right to be informed.
- The right of access.
- The right to rectification.
- The right to erasure.
- The right to restrict processing.
- The right to data portability.
- The right to object.
- Rights in relation to automated decision-making and profiling.
If you would like to exercise this right, please contact us through the contact information below.
Additionally, if you are a European resident, we note that we are processing your information in order to fulfil contracts we might have with you (for example, if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information might be transferred outside of Europe, including Canada and the United States.
Links To Other Websites
Our website may contain links to other websites that are not owned or controlled by us. Please be aware that we are not responsible for such other websites or third parties' privacy practices. We encourage you to be aware when you leave our website and read the privacy statements of each website that may collect personal information.
Cookies And Similar Technologies
We may collect information about your computer, including where available, your operating system, browser type, third-party software installed on your device, installation and uninstallation rates, the language of your device and computers manufacturer, screen size and model of the device and any other technical information for system administration and to report aggregate
information to our advertisers. This statistical data about our users’ browsing actions and patterns is derived from your Personal Information but is not considered Personal Information in law as does not identify any individual.
Manage cookie preferences
You can change your cookie preferences any time by clicking the button in the left bottom corner. This will let you revisit the cookie consent banner and change your preferences or withdraw your consent right away.
In addition to this, different browsers provide different methods to block and delete cookies used by websites. You can change the settings of your browser to block/delete the cookies. Listed below are the links to the support documents on how to manage and delete cookies from the major web browsers.
If you are using any other web browser, please visit your browser’s official support documents.
We may process your Personal Information for the purposes of providing you with information regarding services that may be of interest to you. You may unsubscribe for free at any time.
If you would like to contact us to understand more about this Policy or wish to contact us concerning any matter relating to individual rights and your Personal Information, you may send an email to [email protected].