3DFUSION operates within the ONLINE SHOPPING space where customers can purchase third-party goods via the 3DFUSION website, make payment for such purchases online and after 3DFUSION arrange for delivery of the goods to the customer.
3DFUSION deals with many role players in the online shopping space and in delivering its online services to its customers, always collects personal information from such customers and shares such information with third-party suppliers of 3DFUSION.
3DFUSION acknowledges that most of its communications with customers, product suppliers and services suppliers are done electronically via the internet, email and other electronic methods. In recognizing the international risk of data breach and also to ensure that lawful conditions exist surrounding its data subject’s information.
3DFUSION accepts that all its South African-based data subjects’ Constitutional Right to Privacy is of utmost importance. 3DFUSION further accepts that its data subjects based in other parts of the world are entitled to equal rights to privacy in terms of Regulations applicable to such data subjects in the countries in which they are based. As such, 3DFUSION is committed to complying with South Africa’s POPIA.
3DFUSION is further committed to the education of its data subjects with respect to their privacy rights and will make all operational amendments necessary.
Although is not possible to ensure 100% mitigation against data breaches, the objective of this Policy is to ensure adherence of 3DFUSION to the provisions within POPIA together with its Regulations aimed at protecting all 3DFUSION data subjects from harm as wide as possible by protecting their personal information, to ensure that data subjects’ Consent is obtained as provided for in POPIA, to ensure that data subjects’ information is not unlawfully shared with third parties unless Consent for such sharing is obtained, to stop identity fraud and generally to protect privacy.
3DFUSION takes its responsibilities in terms of POPIA seriously and intends to continue developing its internal and external processes.
This Policy constitutes the EXTERNAL SET OF PRIVACY RULES applicable to the information collected and processed by 3DFUSION and sets out the standard for suitable protection of personal information as required by POPIA.
POPIA CORE PRINCIPLES
In its quest to ensure the protection of data subjects’ privacy, 3DFUSION fully commits as follows:
- To continue developing and maintaining reasonable protective measures against the possibility of risks such as loss, unauthorised access, destruction, use, alteration or revelation of personal information.
- To regulate how personal information may be processed, by establishing conditions, in harmony with international standards, that prescribe the minimum threshold requirements for the lawful processing of personal information;
- To ensure that the requirements of the POPIA legislation are upheld within 3DFUSION. In terms of sections 8, 17 and 18 of POPIA, 3DFUSION confirms that it adheres to an approach of transparency of operational procedures that controls the collection and processing of personal information and subscribes to a process of accountability and openness throughout its operations.
- In terms of the requirements set out within sections 9, 10, 11, 12, 13 14 and 15 of POPIA, 3DFUSION undertakes to collect personal information legally and reasonably, for a specific reason and only if it is necessary for its operations and process the personal information obtained from clients, employees, visitors and services suppliers only for the purpose for which it was obtained in the first place.
- Processing of personal information obtained from owners, occupiers, visitors and service suppliers will not be undertaken in an insensitive, derogative discriminatory or wrongful way that can intrude on the privacy of the particular data subject.
- In terms of the provisions contained within sections 23 to 25 of POPIA, all data subjects of 3DFUSION will be allowed to request access to certain personal information and may also request correction or deletion of personal information within the specifications of the POPIA. Data subjects should refer to FORMS 1 & 2 attached hereto for these purposes.
- To not request or process information related to race, religion, medical situation, political preference, trade union membership, sexual certitude or criminal record unless this is lawfully required and unless the data subject has expressly consented. 3DFUSION will also not process information of children unless the specific consent provisions contained within POPIA have been complied with.
- In terms of the provisions contained within section 16 of POPIA, 3DFUSION is committed that data subjects’ information is recorded and retained accurately.
- To not provide any documentation to a third party or service provider without the express consent of the data subject except where it is necessary for the proper execution of the service as expected by the data subject.
- To keep an effective record of personal information and undertakes not to retain information for a period longer than required.
- In terms of sections 19 to 22 of POPIA, 3DFUSION will secure the integrity and confidentiality of personal information in its possession. 3DFUSION will provide the necessary security of data and keep it by prescribed legislation
When data subjects’ information is collected, processed or shared online or manually by 3DFUSION during the process of 3DFUSION delivering its online shopping services, 3DFUSION recognizes its obligation to explain the reasons for the collection of information from the particular data subject/s and obtains the required Consents to process and where required the sharing of the information under such explanation and using the information for limited marketing purposes. If personal information is used for any other reason than the original reason for it being collected, specific Consent for such purpose must be obtained from the data subject. SPECIAL PERSONAL INFORMATION may be collected from data subjects without specific Consent if:
- Processing is carried out with the prior consent of the data subject;
- Processing is necessary for the establishment, exercise or defence of a right or obligation in law;
- Processing is for historical, statistical or research purposes.
3DFUSION has amended its standard documentation and online terms with references to the Act and will obtain all clients’ general Consent in each transaction.
COLLECTION, PROCESSING AND SHARING OF INFORMATION
3DFUSION collects and processes personal information from its data subjects for a variety of reasons and in a variety of ways. Customers who wish to place orders via the 3DFUSION online platform may register as members or may purchase items as a guest of 3DFUSION. In both instances, customers are obliged to complete the necessary information to successfully register. In this way, personal and special information is collected from data subjects who place online orders via the 3DFUSION website and the information is then shared with the relevant delivery suppliers of 3DFUSION to arrange delivery of the orders. By submitting personal and special personal information details to 3DFUSION, all data subjects acknowledge the following:
- Personal information collected by 3DFUSION will be collected directly from the data subject, unless –
- The information is contained or derived from a public record or has deliberately been made public by the data subject;
- Collection of the information from another source would not prejudice a legitimate interest of the data subject;
- Collection of the information from another source is necessary –
- To avoid prejudice to the maintenance of the law by any public body, including the prevention, detection, investigation, prosecution and punishment of offences;
- To comply with an obligation imposed by law or to enforce legislation concerning the collection of revenue;
- For the conduct of proceedings in any court or tribunal that have commenced or are reasonably contemplated;
- In the interest of national security;
- To maintain the legitimate interests of 3DFUSION or of a third party to whom the information is supplied;
- Compliance would prejudice a lawful purpose of the collection;
- Compliance is not reasonably practicable in the circumstances of the particular case.
- Personal information is collected for a specific, explicitly defined and lawful purpose related to a function or activity of 3DFUSION ;
- Steps will be taken to ensure that the data subject is aware of the purpose of the collection of the information.
- 3DFUSION will take reasonably practicable steps to ensure that the personal information is complete, accurate, not misleading and updated where necessary, having regard to the purpose for which the personal information is collected and further processed.
- Where personal information is collected from a data subject directly, 3DFUSION will take reasonably practicable steps to ensure that the data subject is aware of: –
- The nature of the information being collected and where the information is not collected from the data subject, the source from which it is collected;
- The name and address of 3DFUSION ;
- The purpose for which the information is being collected;
- Whether or not the supply of the information by the data subject is voluntary or mandatory;
- The consequences of failure to provide the information;
- Any particular law authorising or requiring the collection of the information.
STORAGE OF INFORMATION
3DFUSION acknowledges the risks facing data subjects with the storage of personal and special personal information on the 3DFUSION software systems as well as filing copies of the physical information sheets containing personal information physically in an office. To ensure that its best attempts are made to minimize data subjects from suffering the loss of personal information, misuse or unauthorised alteration of information, unauthorized access or disclosure of personal information generally, it will:
- Store personal information in databases that have built-in safeguards and firewalls to ensure the privacy and confidentiality of your information.
- Continue to review its internal policies and third-party agreements where necessary to ensure that these are also complying with the POPIA and Regulations in line with 3DFUSION ’ Policy rules
- No payment data, or any information collected during the payment process, is stored on 3DFUSION’s servers. This service is provided by PayFast, using their own security systems.
DISPOSAL OF DATA SUBJECTS’ INFORMATION
3DFUSION South Africa is responsible for ensuring that necessary records and documents of their data subjects are adequately protected and maintained to ensure that records that are no longer needed or are of no value are disposed of at the proper time. These rules apply to all documents which are collected, processed or stored by 3DFUSION and include but are not limited to documents in paper and electronic format, for example, e-mail, web and text files, PDF documents etc. 3DFUSION South Africa does not discard or dispose of the telephone numbers, email addresses of data subjects and electronic communications with data subjects with whom it has previously dealt but will do so on request by the data subject. Secure disposal maintains data security and supports compliance with this 3DFUSION policy. 3DFUSION acknowledges that electronic devices and media can hold vast amounts of information, some of which can linger indefinitely.
- Under no circumstances will paper documents or removable media (CDs, DVDs, discs, etc.) contain personal or confidential information by simply binned or deposited in refuse tips.
- 3DFUSION undertakes to ensure that all electrical waste, electronic equipment and data on disk drives are physically removed and destroyed so that the data will by no means be virtually retrievable.
- 3DFUSION will ensure that all paper documents that should be disposed of, are shredded locally and then recycled.
- If a third party is used for data destruction purposes, the Information Officer will ensure that such third party will also comply with this policy and any other applicable legislation.
- 3DFUSION may suspend the destruction of any record or document due to pending or reasonably foreseeable litigation, audits, government investigations or similar proceedings. 3DFUSION undertakes to notify employees of applicable documents to which the destruction has been suspended to which they have access to.
- If a document and/or information is no longer required to be stored by this policy and relevant legislation, it should be deleted and destroyed.
- The Information Officer should be consulted where there is uncertainty regarding the retention and destruction of a document and/or information.
INTERNET AND CYBER TECHNOLOGY
The following clauses constitute a summary of the terms contained in the INTERNAL IT/EMAIL/CYBER SECURITY POLICY which applies to all employees when using the 3DFUSION internet and email services.
Acceptable use of 3DFUSION Internet Facilities & standard Anti-Virus rules
The repercussions of misuse of 3DFUSION systems can be severe. Potential damage includes but is not limited to, malware infection (e.g. computer viruses), legal and financial penalties for data leakage and lost productivity resulting from network downtime. To ensure that 3DFUSION’s IT systems are not misused, everyone who uses or has access to 3DFUSION’s systems has received training and internal guidelines to meet the following five high-level IT Security requirements:
- Information will be protected against any unauthorized access as far as possible;
- Confidentiality of information will be assured as far as possible;
- The integrity of information will be preserved as far as possible;
- Availability of information for business processes will be maintained;
- Compliance with applicable laws and regulations to which 3DFUSION are subject will be ensured by the Information Officer as far as possible.
Every user of 3DFUSION’s IT systems is responsible for exercising good judgment regarding reasonable personal use.
IT Access Control
3DFUSION undertakes to ensure that logging into the IT system and software packages is password controlled and shall exercise all caution in allowing unauthorized access to the password. It is a further undertaking that the password/s shall be reviewable from time to time but in particular where GOOGLE-based products are used and linked (such as Facebook, Whatsapp and GMAIL-based domains).
3DFUSION’s Email Rules
3DFUSION acknowledges that most of its communications are conducted via email and instant messaging (IM). Email and IM may contain extremely sensitive and confidential FIRM information, so the information involved must be appropriately protected. In addition, email and IM are potential sources of spam, social engineering attacks and malware, so 3DFUSION must be protected as completely as possible from these threats. The misuse of email and IM can pose many legal, privacy and security risks, so users need to be aware of the appropriate use of electronic communications. It is of use to note that all users of 3DFUSION’s email system are prohibited from using email to:
- Send, receive, solicit, print, copy, or reply to a text, images, or jokes that disparage others based on their race, religion, colour, gender, sex, sexual orientation, national origin, veteran status, disability, ancestry, or age.
- Send, receive, solicit, print, copy, or reply to messages that are disparaging or defamatory.
- Spread gossip, rumours, or innuendos about employees, clients, suppliers, or other outside parties.
- Send, receive, solicit, print, copy, or reply to sexually oriented messages or images.
- Send, receive, solicit, print, copy, or reply to messages or images that contain foul, obscene, disrespectful, or adult-oriented language.
- Send, receive, solicit, print, copy, or reply to messages or images that are intended to alarm others, embarrass 3DFUSION negatively impact productivity, or harm morale.
The purpose of these email and IM rules is to ensure that information sent or received via 3DFUSION’s IT systems are appropriately protected, that these systems do not introduce undue security risks to 3DFUSION and that users are made aware of what 3DFUSION deem as acceptable and unacceptable use of its email and IM.
3DFUSION ’ Rules related to handheld devices
Many users do not recognize that mobile devices represent a threat to IT and data security. As a result, they often do not apply the same level of security and data protection as they would on other devices such as desktop or laptop computers. This policy outlines 3DFUSION’s requirements for safeguarding the physical and data security of mobile devices such as smartphones, tablets, and other mobile devices such as PCs and Notebooks.
- 3DFUSION’s users of handheld devices are expected to diligently protect their devices from loss and disclosure of private information belonging to or maintained by 3DFUSION.
- In the event of a security incident or if suspicion exists that the security of 3DFUSION’s systems has been breached, 3DFUSION shall be obliged to notify the IT support immediately together with the Information Officer or Deputy Information Officer should the Information Officer not be available especially when a mobile device may have been lost or stolen.
- Anti-virus rules
- Management of 3DFUSION is responsible for creating procedures that ensure anti-virus software is run at regular intervals, and computers are verified as virus-free. Any activities to create and/or distribute malicious programs into 3DFUSION programs (e.g., viruses, worms, Trojan horses, e-mail bombs, etc.) are prohibited.
- It is worth noting that users are discouraged from attempting to remove viruses themselves. If a virus infection is detected, users are expected to disconnect from 3DFUSION’s networks, stop using the infected computer immediately and notify IT support.
- Physical access control
- All of 3DFUSION’s premises that include computers and other types of information technology resources will be safeguarded against unlawful and unauthorized physical intrusion, as well as fire, flood and other physical threats. This includes but is not limited to; security doors, key entry areas, external doors that are locked from closing until the opening of the building, locked and/or barred windows, security cameras, registration of visitors at entrances, security guards, and fire protection.
Usage Data is collected automatically when using the internet services of 3DFUSION. Usage Data may include information such as data subjects’ device’s internet protocol address (e.g. IP address), browser type, browser version, details of the pages of 3DFUSION’s website that are visited by data subjects, the time and date of the website visit, the time spent on those pages, unique device identifiers and other diagnostic data. When data subjects access the website services of 3DFUSION by or through a mobile device, 3DFUSION may collect certain information automatically, including, but not limited to, the type of mobile device used by the data subject, unique ID, the IP address of the mobile device, the mobile operating system, the type of mobile Internet browser used, unique device identifiers and other diagnostic data. 3DFUSION may also collect information that the user’s browser sends whenever 3DFUSION’s website is visited.
Tracking Technologies and Cookies
Cookies and similar tracking technologies are used to track the activity on 3D Fusion’s website and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and improve and analyse the website’s efficiency. The technologies which may be used to track may include:
- Flash Cookies. Certain features of the website may use locally stored objects (or Flash Cookies) to collect and store information about data subjects’ preferences or activity on the website. Flash Cookies are not managed by the same browser settings as those used for Browser Cookies. For more information on how Flash Cookies can be deleted the following process can be followed: “Where can I change the settings for disabling, or deleting local shared objects?” available at https://helpx.adobe.com/flashplayer/kb/disable-local-shared-objects;
- Web Beacons. Certain sections of the website and emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit 3DFUSION, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).
- Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on data subjects’ personal computers or mobile devices even when offline, while Session Cookies are deleted as soon as data subjects’ web browsers are closed.
- 3DFUSION ’ website
Data subjects who use the 3DFUSION website will be subject to the general website terms and conditions available on the website landing page. Customers who register on the 3DFUSION online platforms confirm that they have read through and understand the terms and conditions associated with the usage of the website.
3DFUSION recognizes that in fulfilling its service offering to its customer base and to operate efficiently, it is necessary at times to share data subjects’ personal and special personal information with third parties for specific reasons related to 3DFUSION’s service delivery. As referenced in clauses 5 and 6 above, 3DFUSION will obtain the necessary consent where required from the particular data subject.
When orders are placed, customers’ payment is facilitated by Payfast. Customers are subject to the terms and conditions related to their personal and special personal information which they complete on these payment platforms of such platform suppliers and cannot hold 3DFUSION liable for a data breach which may occur on any one of these payment platforms.
3DFUSION is committed to not sharing data subjects’ information with third parties for the sole purpose of third-party marketing to such data subjects. If any associated third party uses the data subjects’ information shared by 3DFUSION with such third party in the fulfilment of its legal services, 3DFUSION takes no responsibility for any consequences suffered by the data subject which may have been caused by the third party’s actions. 3DFUSION sends out regular bulk emails to its database of existing customers. These bulk emails contain new product offerings and other relevant information related to the 3DFUSION service. These bulk emails will always contain the required OPTING OUT/UNSUBSCRIBE options which allow the recipients of the emails to request the removal of their details from these bulk emails.
All of 3DFUSION’s employees share in the responsibility for ensuring that 3DFUSION’s information assets receive an appropriate level of protection as set out hereunder:
- Managers of 3DFUSION shall be responsible for assigning classifications to information assets according to the standard information classification system presented below.
- Where practicable, the information category shall be embedded in the information itself.
- All employees of 3DFUSION shall be guided by the information category in their security-related handling of 3DFUSION’s information. All information about 3DFUSION and all information entrusted to 3DFUSION from third parties fall into one of three classifications in the table below, presented in order of increasing sensitivity.
|Information is not confidential and can be made public without any implications for 3DFUSION
|Passwords and information on corporate security procedures, know-how used to process client information Standard Operating Procedures used in all parts of 3DFUSION’s activities. All software codes developed by 3DFUSION, whether used internally or sold to clients.
|Information is restricted to management-approved internal access and protected from external access. Unauthorized access could influence 3DFUSION’ operational effectiveness causes an important financial loss, provide a significant gain to a competitor, or cause a major drop in customer confidence. Information integrity is vital.
|Information is restricted to management-approved internal access and protected from external access. Unauthorized access could influence 3DFUSION’ operational effectiveness cause an important financial loss, provide a significant gain to a competitor, or cause a major drop in customer confidence. Information integrity is vital.
|Client centennial Data
|Information collected and used by 3DFUSION in the conduct of its business to employ people, tog and fulfil client mandates, and to manage all aspects of corporate finance. Access to this information is very restricted within 3DFUSION. The highest possible levels of integrity, confidentiality, and restricted availability are vital.
|Salaries and other personnel data. Accounting data and internal financial reports Confidential customer business data and confidential contracts. Non-disclosure agreements with clients\vendors Company business plans
RIGHTS OF THE DATA SUBJECT- FORMS 1 & 2 ATTACHED
- The data subject or competent person where the data subject is a child may withdraw his, her or consent to procure and process his, her personal information, at any time, providing that the lawfulness of the processing of the personal information before such withdrawal or the processing of personal information is not affected.
- A data subject may object, at any time, to the processing of personal information– a) In writing, on reasonable grounds relating to his, her or its particular situation, unless legislation provides for such processing; or b) For purposes of direct marketing other than direct marketing using unsolicited electronic communications.
- A data subject, having provided adequate proof of identity, has the right to – a) Request 3DFUSION to confirm, free of charge, whether or not 3DFUSION holds personal information about the data subject; and b) Request from 3DFUSION a record or a description of the personal information about the data subject held by 3DFUSION, including information about the identity of all third parties, or categories of third parties, who have, or have had, access to the information – within a reasonable time; at a prescribed fee as determined by the Information Officer; in a reasonable manner and format; and in a form that is generally understandable.
- A data subject may, in the prescribed manner, request 3DFUSION to – a) correct or delete personal information about the data subject in its possession or under its control that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or obtained unlawfully; or b) destroy or delete a record of personal information about the data subject that 3DFUSION is no longer authorised to retain.
- Upon receipt of a request referred to in clause 14.4, 3DFUSION will, as soon as reasonably practicable – a) correct the information; b) destroy or delete the information; c) provide the data subject, to his, her or its satisfaction, with credible evidence in support of the information; or d) where an agreement cannot be reached between 3DFUSION and the data subject, and if the data subject so requests, take such steps as are reasonable in the circumstances, to attach to the information in such a manner that it will always be read with the information, an indication that a correction of the information has been requested but has not been made.
- 3DFUSION will inform the data subject, who made a request as set out in clause 14.5, of the action taken as a result of the request.
- Appointed Information Officer:
|Name: Eric Philpot
|Contact details: +27 82 293 6196
|Street Address: 135 Hope Street, George, 6529, Western Cape.
- The general responsibilities of 3DFUSION’ Information Officer and Deputy Information Officer/s where delegated include the following:
- The encouragement of compliance, by 3DFUSION, with the conditions for the lawful processing of personal information;
- Managing requests made to 3DFUSION under POPIA;
- Working with the Regulator about investigations conducted under prior authorisation required to process certain information of POPIA about the business.
- Continuously perform data backups, store at least weekly backups offsite, and test those backups regularly for data integrity and reliability.
- Review policy rules regularly, document the results, and update the policy as needed.
- Continuously updated information security policies and network diagrams.
- Secure critical applications and data by patching known vulnerabilities with the latest fixes or software updates.
- Perform continuous computer vulnerability assessments and audits
- The data breach responsibilities of 3DFUSION ’ Information Officer and Deputy Information Officer/s where delegated include the following:
- Ascertain whether personal data was breached;
- Assess the scope and impact by referring to the following:
- Estimated number of data subjects whose personal data was possibly breached
- Determine the possible types of personal data that were breached
- List security measures that were already in place to prevent the breach from happening.
- Once the risk of the breach is determined, the following parties need to be notified within 72 hours after being discovered:
- The Information Regulator
- Communication should include the following:
- Contact details of Information Officer
- Details of the breach,
- Likely impact,
- Actions already in place, and those being initiated to minimise the impact of the data breach.
- Any further impact is being investigated (if required), and necessary actions to mitigate the impact are being taken.
- Review and monitor
- Once the personal data breach has been contained, 3DFUSION South Africa will conduct a review of existing measures in place, and explore the possible ways in which these measures can be strengthened to prevent a similar breach from reoccurring.
- All such identified measures should be monitored to ensure that the measures are satisfactorily implemented.