Effective date: 1 July 2021
Any questions regarding this Policy and our privacy practices should be sent to our Data Protection Officer. You can do this:
· By email, to: firstname.lastname@example.org
· By telephone: +27 10 900 4285
· By writing to: Data Protection Officer, Latest Sightings, Block B, 12 7th Ave, Parktown North, Johannesburg, 2193, South Africa.
Latest Sightings is a social media company based in South Africa that, amongst other activities, gathers and shares wildlife videos and / or media received from members of the public. If you like interacting with like-minded wildlife enthusiasts, then this is the portal to explore your passion for wildlife.
The purpose of this policy is to enable the Provider to:
a) Comply with legislation set out by POPIA;
b) Follow good practice and to protect Users’ Personal Information;
c) Make Users aware of how we process, store and collect their Personal Information;
d) Notify Users as to their ability to alter their Personal Information processed, and stored by Latest Sightings; and
e) Protect the Provider from the consequences of a breach.
Personal information may only be processed if the purpose for processing is;
2) Relevant; and
3) Not excessive
Although we acknowledge that a 100% secure online environment is unattainable, we are committed to taking reasonable security measures to safeguard the content of its website.
2. DEFINITIONS AND INTERPRETATIONS
· “All platforms” means a video is accepted and posted on all our social media platforms including but not limited to YouTube, Facebook, and third-party platforms.
· “Applicable Laws” means, applicable information protection and other laws, rules and/or other regulations of general application, relevant to the treatment or Processing of Information, from time to time;
· “Information Officer” means the Information Officer of the Provider that has been appointed;
· “Member” means a person who has registered on the Website or on an Application and in respect of whom an account has been created, for so long as that account remains active;
· “Monetize” means all activities undertaken by us (or by our clients, licencees, agents, partners and other third parties authorised by us), which are aimed at promoting or generating revenue from a contributor’s video and / or media, which includes, without limitation, licensing, hiring, using, distributing, reproducing, transmitting, storing, publicly performing, making available online or otherwise, communicating to the public;
· “PAIA” means the Promotion of Access to Information Act No 2 of 2000;
· “Personal Information” means any information collected, stored or processed from Users as described in Section 1 of POPIA;
· “POPIA” means the Protection of Personal Information Act No 4 of 2013;
· “Provider” means Latest Sightings (Pty) Ltd;(Registration Number 2013/110065/07), trading as Latest Sightings;
· “Services” collectively means the collection of web pages (documents that are accessed through the internet), located at the domain name latestsightings.com and any other Applications which may be offered by us from time to time;
· “Staff” any employees that is contractually employed by Latest Sightings;
· “Site” means textual, visual or aural content that is encountered as part of the User experience the website, or app including textual, visual or aural content encountered by the User from mobile applications;
· “User” means any person who accesses and/or uses the Service, whether as a Visitor or a Member;
· “Visitor” means any person who is not a registered Member of the Provider but who browses the Services;
3. PRINCIPLES OF THIS POLICY
– This Policy applies to all Users, Staff and Third parties contracted by the Provider.
– Staff must be informed about data protection issues and their rights to access their own Personal Information. All directors will receive guidance and will be briefed on the importance of data protection.
– All Staff will be required to sign an addendum to their employment contracts containing relevant consent clauses for the processing, storage and disposal of their Personal Information or any other actions in terms of POPIA.
– All third parties will be required to sign an operator agreement guaranteeing their commitment to the Protection of Personal Information, this process will be continually evaluated.
4. COLLECTING AND USING YOUR PERSONAL DATA
4.1 INFORMATION WE NEED TO COLLECT
While using our Services, we may ask you to provide us with certain Personal Information that will be used to contact and identify you. We collect personal information about you when you use the Services. Without it, we may not be able to provide you with all Services requested. Examples of Personal Information we collect from Users:
a) first name, and last name
b) email address
c) phone number
d) banking details (where a User has submitted a video and Latest Sightings will be remitting earnings to the User)
e) usage data.
We receive, collect and store any information you enter on our website or provide us in any other way. In addition, we collect the internet protocol (IP) address used to connect your computer to the internet; e-mail address; computer and connection information and purchase history. We may use software tools to measure and collect session information, including page response times, length of visits to certain pages, page interaction information, and methods used to browse away from the page.
Access to Personal Information can be collected and used by the following:
a) Auditors and/or Accountants of the Provider;
b) Attorneys and/or Counsel appointed by the Provider; and
4.2 INFORMATION AUTOMATICALLY COLLECTED
When you use our Services, we automatically collect personal information. This information may include:
· Geo-location Information – Such as precise or approximate location determined from your IP address or mobile device’s GPS depending on your device settings. We may also collect this information when you’re not using the Services if you enable this through your settings or device permissions.
· Usage Information – Such as the pages or content you view through our Services.
· Log Data and Device Information – Such as details about how you’ve used our Services (including if you clicked on links to third party applications), IP address, access dates and times, hardware and software information, device information, device event information, unique identifiers, crash data, and cookie data. We may collect this information even if you haven’t become a Member of our Services.
· Payment Transaction Information – Such as payment instrument used, date and time, payment amount, PayPal email address, your address and other related transaction details.
5. USE OF YOUR PERSONAL DATA
We may use Personal Data for the following purposes:
1) To provide, operate and maintain our Services.
2) Communication and manage your requests to us.
3) Payments owning from Film and Earn Program.
4) To send out the weekly Newsletter if you have subscribed to it, we also use the Users email address to remove Users from the weekly newsletter if requested.
5) To manage the registration of an account as a User of the Services. The personal data the User provides can give Users access to different functionalities of the Services that are available.
6) To provide our Users with ongoing customer assistance and technical support – in terms of password resets or reservation enquiries.
7) To be able to contact our Users with general or personalized service-related notices and promotional messages about services and events which we offer that are similar to those that have already been enquired about unless the User has opted not to receive such information.
8) We do not sell or rent personal information about the User (such as name, address, email address, telephone or fax number) to third parties. We do, however, reserve the right to disclose aggregated information regarding its Users and usage of the Services (such as User demographics and traffic patterns) to, amongst others, advertisers and suppliers.
9) To comply with any applicable laws and regulations, we may disclose personal information in response to a specific request by a law enforcement agency, subpoena, court order, or as required by law.
10) To be able to contact our Users to obtain the original footage regarding viral Videos and / or Media posted by the User on the Site. By the User providing their original footage to the Provider it allows for the possibility of Monetization of the Video and / or Media across the Providers social media platforms.
11) To be able to store and access our Users information in our database for future communication with regards to the Video and / or Media used for the Film and Earn program. Personal information is required to ensure the Providers’ base remains organised and the User can be contacted in the future with regards to payments or additional Video and / or Media requests.
1. FILM AND EARN PROGRAM
1) If any video posted on our social media platforms for monetization purposes and earns more than R500, Latest Sightings will require private banking details of the contributor in order to pay the contributor their share of the earnings.
2) Any content posted by users on any of our active platforms will result in the user having agreed to our Film and Earn terms and conditions. This allows the content to be redistributed across our social media platforms and to third parties.
3) When footage is sent in by Users via the Film and Earn Program care will be taken to ensure number plates are blurred out to reduce the privacy rights of other people of the public.
2. THE INFORMATION OFFICER
The Provider will appoint a responsible person to process Personal Information known as the Information Officer. Information about the Information Officer can be found in the PAIA Manual on our website (INSERT LINK). Consideration will be given on an annual basis for the re-appointment or replacement of the Information Officer as well as the need to appoint and/or replace the Deputy Information Officer as stipulated in POPIA.
1) The Information Officer has the following responsibilities;
a) Develop, implement, monitor and maintain the compliance;
b) Perform Personal Information impact assessment on an ongoing basis to ensure that adequate measures and standards exist in order to comply with the conditions for the lawful processing of Personal Information;
c) Develop, monitor and maintain the PAIA manual and make it available as prescribed in sections 14 and 51 of PAIA;
d) Develop internal measures together with adequate systems to process and protect Personal Information;
e) Conduct internal awareness sessions regarding the provisions of POPIA, regulation, codes of conduct, or information obtained from the Regulator;
f) Upon request by any person, provide copies of the manual are provided to that person upon the payment of a fee to be determined by the Regulator from time to time; and
g) Notify Users and Regulators immediately in the event of a breach.
6. SECURITY OF PERSONAL DATA
1) All Staff are responsible for ensuring that any Personal Information they hold is kept securely and that it is not disclosed to any unauthorized third party.
2) All Personal Information will only be accessible to those who need to use it. The Information Officer will grant access of Personal Information based on the level of sensitivity and value of the information in question.
3) Personal Information will always be kept on password protected devices whether portable (laptops and cellphones) or desktop devices – all devices will be locked in the access-controlled office. Care will be taken to ensure that any devices storing Personal Information are not left unattended without a screen saver or computer password activated. Staff are required to operate a “clean desk” policy when leaving the office to ensure no Personal Information is left unattended.
4) Any information that is stored on memory sticks will be encrypted to prevent unauthorized access.
5) Any manual records or Personal Information will be disposed of by a shredder to ensure no other parties have access to the information.
6) This policy applies to staff that are processing Personal Information from home – off-site processing presents increased risks of theft especially for portable devices. Staff are required to protect any devices to the best of their abilities by not leaving them next to an open window or the back seat of a car. Any loss/breach of Personal Information will be reported to the Information Officer immediately.
The directors of the Provider discourage the retention of Personal Information for any longer than necessary and acknowledge that certain information will be kept for a longer period than other information, however, every effort will be made to review and safely discard any unwanted information as soon as possible.
Personal Information will be kept for the following period;
– Any Personal Information for the Film and Earn payment will be retained for as long as the person is earning money off their footage, the details will be retained for an additional year thereafter the User will be contacted and only consent from the User will enable us to retain their details for a longer period of time.
– Personal Information of employees will be retained while the employee is working for the Provider, thereafter the information will be safely disposed of.
– Personal Information will be disposed of in the correct manner that protects the rights and privacy of the User for example shredding, deletion from electronic devices.
7. CORRECTION OF PERSONAL INFORMATION
If you would like to: access, correct, amend or delete any personal information Latest Sightings has about you, you are invited to contact us on +27 10 900 4285 or email us at email@example.com
8. DISCLAIMER AND LIABILITY
In no event shall Latest Sightings, its lawful agents and representatives referred to in the Services, or suppliers be liable for any damages of whatsoever nature, whether for bodily, moral or material injury (including, without limiting, indirect, punitive, incidental and consequential damages, loss of profits, expenses, costs, damage resulting from lost data or business interruption) resulting from the use or inability to use the Services, whether based on warranty, contractual or extra-contractual liability, any other legal matters, and whether or not we, its lawful agents, employees and representatives are advised of the possibility of such damages.