This Policy describes how Newsgas (Pty) Limited (hereinafter referred to as “Newgas”/” we”/”us”/”our”)

will process your Personal Information (also referred to herein as “PI”) whether provided by you to us, in our ordinary course of business, or through our platforms (herein after collectively referred to herein as our “Site/s”). By utilising our products/services or any of our Sites, you are accepting and consenting to this Policy.

1. INTRODUCTION
   1.1 This Policy explains how Newgas (deemed to be a responsible party in terms of the POPI Act) collects, uses and processes your Personal Information (“PI”) which may include Special Personal Information. Newgas is a registered LPG gas supplier and a full-service communications agency, with offices at 66 Castle Hill, 85 Countesses Avenue, Windsor East, Randburg 2194.

   1.2 Newgas is and is committed to respecting and protecting of your PI which you may share with us, as defined below. We strive to ensure that our use of your PI is lawful and relevant to our business activities.

2. THE PURPOSE OF THE POPI ACT AND THIS POLICY
   
   2.1 In terms of the Constitution, 1996 everyone has a right to privacy which includes a right to protection against the unlawful collection, retention, dissemination, and use of their PI. The purpose of the POPI Act is to, amongst other aspects, regulate, in harmony with international standards, the processing of PI by public and private bodies in a manner that gives effect to the

   2.2 In terms of the Constitution, 1996 everyone has a right to privacy which includes a right to protection against the unlawful collection, retention, dissemination, and use of their PI. The purpose of the POPI Act is to, amongst other aspects, regulate, in harmony with international standards, the processing of PI by public and private bodies in a manner that gives effect to the right to privacy (subject to justifiable limitations that are aimed at protecting other rights and important interests.

   2.2 This Policy must, as is appropriate, be read together with Newgas’s Terms of Use/Standard Trading Terms (the “Terms”) and any other documents or agreements between Newgas and you (the “Agreements”) that describe the manner in which we, in specific circumstances, collect or process your PI.

   2.3 Reference to “consent” shall include any electronic means by which you convey your acceptance and acknowledgement that you agree to us processing your PI, whether it be by the clicking of a button, or through biometric means, subscribing, submitting or sending of a message, updating your profile or clicking “I Agree” button or pressing the “enter” button, or by any other means, to submit/convey any information to us.
   
   3.          WHAT IS PERSONAL INFORMATION? 

   3.1       “Personal Information” is defined very broadly as:

   3.1.1            an identifiable, living, natural person’s information and,  

   3.2       where applicable, an identifiable, existing juristic person’s information, including:

   3.2.1            any identifying number, symbol, email address, physical address, telephone number, location information, online identifier, or other particular assignment to the person;

   3.2.2            the name of the person as it appears with other personal information relating to that person or if disclosure of the name itself would reveal information about the person;

   3.2.3            information relating to the race, gender, sex, pregnancy, marital status, national, ethnic, or social origin, colour, sexual orientation, age, physical or mental health, wellbeing, disability, religion, conscience, belief, culture, language, and birth of the person; 3.2.4 biometric information of the person;

   3.2.5           the personal opinions, views, or preferences of the person;

   3.2.6           the views or opinion of another individual about the person; and

   3.2.7           information relating to the education or the medical, financial, criminal or employment history of the person.

   3.3       The PI of a juristic person/legal entity (e.g. a company, trust, CC, NGO etc) include:

   3.3.1            information relating to the ownership (for example black owned) and age (for example been registered for ten years);

   3.3.2            information relating to the financial or criminal history of the entity/person;

• any identifying number (for example, its registration number), symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person;
• the personal opinions, views or preferences of the entity;

 

 

 

 

• 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;
• the views or opinions of another individual about the person; and
• 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.”

3.4     SPECIAL PERSONAL INFORMATION

3.4.1 As a supplier of gas and products which store or manufacture gas, it would be very unlikely, that we collect Special Personal Information about you. “Special Personal Information” refers to details about your religious or philosophical beliefs, race or ethnic origin, trade union membership, political persuasion, health or sex life, biometric information or information about your criminal offences or convictions.

3.4.2 The processing of Special Personal Information requires higher levels of protection. We need to have further justifications for processing Special Personal Information. We will utilise safeguards, which we are required by law to maintain, to process Special Personal Information.

 

4. WHAT DOES PROCESSING OF YOUR PERSONAL INFORMATION MEAN?

• Processing has a wide definition and is defined in the POPI Act to include the collection, receipt, storage, recording, organisation, collation, updating or modification, usage, retrieval, retention and destruction of PI.
• When we do one or more of these actions with your PI, we are “processing” your PI. We may, where permitted or required to do so by applicable law, process your PI without your knowledge or permission, if sufficient grounds of justification are present, and we will do so in accordance with the further provisions of this Policy and the POPI Act.

 

5. THE 8 PRINCIPLES OF LAWFUL PROCESSING BY RESPONSIBLE PARTIES

 

5.1 Chapter 3 of the POPI Act establishes the conditions for lawful processing of PI which we (as a Responsible Party) must abide by and these consist of eight conditions, namely: