Purpose

This policy gives an overview of the data protection governance exercised at XCLSV in compliance with the Protection of Personal Information Act 4 of 2013 and other data privacy related legislation. In this document any reference to “we” or “us” or “our” includes all the people employed at XCLSV.

It ensures that you as a user of this website or member of our 420MO are aware of your rights to protection of personal information as well as the methods put in place at XCLSV to achieve this purpose.

Our privacy guarantee to you

XCLSV warrants that it will comply with the required data protection legislation applicable to it, that it will respect individuals’ rights in this regard and treat the information in its possession with integrity.

What is processing

Where we refer to “process”, it means how we collect, use, store, make available, destroy, update, disclose, or otherwise deal with your personal information.

As part of our governance, we will only process your personal information if this is required to deliver a service, provide a product, or carry out a transaction. We may however combine your personal information and use this combined personal information for any of the purposes stated in this Privacy Policy.

If you become a member of the 420MO club, attend our business premises and use our products, you agree that we may process your personal information as explained under this Privacy Policy.

Sometimes you may provide us with consent to process your personal information. Read it carefully because it may limit your rights.

We can change this Privacy Policy from time to time if the law or our business practices requires it. The version of the Privacy Policy displayed on our website will apply to your interactions with us.

What is personal information?

Personal information refers to any information that identifies you or specifically relates to you.

Personal information includes, but is not limited to, the following information about you:

• your marital status (like married, single, divorced).
• your national origin.
• your age.
• your language; birth; education.
• your identifying number (like an employee number, identity number or passport number).
• your e-mail address; physical address (like residential address, work address or your physical location); telephone number.
• your race; gender; sex; pregnancy; ethnic origin; social origin; colour; sexual orientation.
• your confidential correspondence; and / or
• another’s views or opinions about you and your name also constitute your personal information.
• Personal information includes special personal information, as explained below.

What is special personal information?

Special personal information is personal information about the following:

• your race (like where a company submits reports to the Department of Labour where the statistical information must be recorded).
• your ethnic origin.
• your trade union membership.
• your health (like when you apply for an insurance policy).
• your biometric information (like to verify your identity); and / or your criminal behaviour and alleged commission of an offence.

We will not collect or process your special personal information on this website or in doing business with you as this information is not relevant to our industry.

As a user or member of the 420MO You warrant that the personal information you provide is accurate, current, true and correct and that does not impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.

When will we process your personal information?

We will only process your personal information for lawful purposes relating to our business if the following applies:

• if you have consented thereto.
• if a person legally authorised by you, the law, or a court, has consented thereto.
• if it is necessary to conclude or perform under a contract, we have with you.
• if the law requires or permits it.
• if it is required to protect or pursue your, our or a third party’s legitimate interest.

The only personal data processed on this website is given by you directly to us and only includes details about yourself required by XCLSV to do business with you. We process it to identify you and verify that identity, to create a user account for you and for communication purposes.

From where we obtain personal information about you

• We collect information about you based on your use of this website.
• We will request personal information about you in order for you to join the 420MO and enjoy our products.
• We collect information about you based on how you engage or interact with us such as via our contact desk, emails, telephone calls and surveys.

If the law requires us to do so, we will ask for your consent before collecting personal information about you from third parties.

Reasons we need to process your personal information

We will process your personal information for the following reasons:

• to provide you with 420MO membership.
• to allow for enjoyment of our products and entertainment services.
• to market our products, goods, and services to you.
• to respond to your enquiries and complaints.
• to develop, test and improve products and entertainment services for you.
• for historical, statistical and research purposes, like market segmentation.
• to communicate with you and carry out your instructions and requests.
• for customer satisfaction surveys, promotional offerings.
• to enable you to take part in and make use of value-added products.

for any other related marketing purposes directly from Us and not from third party partners or suppliers unless so requested by you.

How we use your personal information for marketing

• We will use your personal information to market specific marketing products and services to you as per your request via our contact forms.
• We will do this in person, by email, or telephone.
• In all cases you can request us to stop sending marketing communications to you at any time.

When, how and with whom we share your personal information

We will not share your personal information with any third party unless stipulated in this policy or our terms of use.

Under what circumstances will we transfer your information to other countries?

As a user of this website or member of the 420MO you consent to your personal information being transferred outside the geographic borders of South Africa to service providers for purposes set out in this policy, including for data storage and back-up purposes to ensure the integrity of our systems.

When we transfer your Personal Information outside of the geographic borders of South Africa, we will ensure that we do so in accordance with the requirements for lawful transfer outside of South Africa as set out in the relevant legislation.

XCLSV will ensure that any transferring destination has in place similar or better personal information protection mechanisms and laws in place before attending to any transfer of this nature.

Your duties and rights in respect of the personal information we have about you.

You must provide proof of identity when enforcing any of the rights below.

You have the right to request access to the personal information we have about you by contacting us. This includes requesting:

• confirmation that we hold your personal information.
• a copy or description of the record containing your personal information; and
• the identity or categories of third parties who have had access to your personal information.

We will attend to requests for access to personal information within a reasonable time.

Please note that the law may limit your right to access information.

You have the right to request us to correct or delete the personal information we have about you if it is inaccurate, irrelevant, excessive, out of date, incomplete, misleading, obtained unlawfully or we are no longer authorised to keep it. You must inform us of your request in writing.

It may take up to 15 business days for the change to reflect on our systems. We may request documents from you to verify the change in personal information.

If the law requires us to keep the personal information, it will not be deleted upon your request. The deletion of certain personal information may lead to the termination of your business relationship with us.

You may object on reasonable grounds to the processing of your personal information.

We will not be able to give effect to your objection if the processing of your personal information was and is permitted by law; you have provided consent to the processing and our processing is done according to your consent or the processing is necessary.

Where you have provided your consent for the processing of your personal information, you may withdraw your consent. If you withdraw your consent, we will explain the consequences to you. It may take up to 15 business days for the change to reflect on our systems, during this time we may still process your personal information. You must inform us of any objection in writing.

You have a right to file a complaint with us or any Regulator with jurisdiction about an alleged contravention of the protection of your personal information by us. We will address your complaint as far as possible.

How we secure your personal information

• We will take appropriate and reasonable technical and organisational steps to protect your personal information according to industry best practices.
• Our security measures (including physical, technological, and procedural safeguards) will be appropriate and reasonable. This includes the following:
  • keeping our systems secure (like monitoring access and usage).
  • storing our records securely.
  • controlling the access to our buildings, systems and/or records; and
  • safely destroying or deleting records.
  • Ensure compliance with international ISO security standards.

How long do we keep your personal information?

We will keep your personal information for as long as:

• the law requires us to keep it.
• a contract between you and us requires us to keep it.
• you have consented for us keeping it.
• we are required to keep it to achieve the purposes listed in this Privacy Policy.
• we require it for statistical or research purposes.
• we require it for our lawful business purposes.

Take note:
We may keep your personal information even if you no longer have a relationship with us, for the historical data and research purposes.  

How to lodge a complaint with the information regulator?

If you have any complaints about this Privacy Policy or our compliance with this Privacy Policy, you can lodge a complaint with the Information Regulator.

The contact details of the Information Regulator are available on its website at: https://justice.gov.za/inforeg/.