MISA PRIVACY POLICY

MISA Head Office

201 MISA Centre

12 Fir Drive

Northcliff Ext. 2, 2195

PO Box 1604, Northcliff, 2115

The Motor Industry Staff Association (referred to in this privacy notice as “MISA” or “we” and through similar words such as “us,” “our” etc.) is a duly registered trade union in compliance with the Labour Relations Act 66 of 19995 (LRA) section 96(7).

MISA’s services delivered through, including but not limited to, our FaceBook Page; Website, Phone App and other interactive properties (collectively, the “service”) are owned, operated and distributed by MISA. This privacy notice outlines the Personal Information that MISA may collect; how MISA uses and safeguards that information; and with whom we may share it.

MISA encourages our members, service providers, customers, visitors, business associates (including tenants), third parties such as MIBCO and other interested parties to read this privacy notice, which applies to all users. By using our service or submitting Personal Information to MISA by any other means, you acknowledge that you understand and agree to be bound by this privacy notice, and agree that MISA may collect, process, transfer, use, and disclose your Personal Information as described in this notice. Further, by accessing any part of the service, you are agreeing to the terms and conditions of our terms of service (the “terms of service”).

If you do not agree with any part of this privacy notice or our terms of service, please do not use any of the services.

What Personal Information do we collect about you?

Personal Information (PI) in term of the Protection of Personal Information Act 4 of 2013 (POPIA) means ‘information relating to an identifiable, living, natural person, and where applicable, an identifiable, existing juristic person’. That is information that can be used to identify a data subject that is ‘the person to whom personal information relates’.

The Personal Information that we collect directly from our members includes the following Personal Information:
- Membership:

Identity Number; Name(s) and Surname; Personal phone number; E-mail Address; Home Address; Gender; Marital Status; Age; Banking Details; Employer Name, Contact Details and Address; Occupation; Cultural Language; Beneficiary Details (Name, Surname; Relation; Contact Details); Employment History; Termination of Service Reason(s) & History; Disciplinary Record

MISA Benefit Claims

Pregnancy/Birth of child; Marital Status; Physical Health; Education; Disability (Ill Health); Religion (when applicable); Banking Details;
- The Personal Information that we collect directly from our service providers; business associates, tenants and third parties such as MIBCO includes the following Personal Information:
  - Natural Person: Identity Number; Name(s) and Surname; Personal contact details including but not limited to phone number(s), e-mail address; Geographic or Location detail i.e. home and/or business address; Gender; Marital Status (if applicable); Billing Information i.e. Banking Details; Order Information i.e. purchase information/history.

Other information that may be exchanged in the course of engaging with the service. You will be aware of any subsequently collected information because it will come directly from you.

Juristic Person: Business Registration Name and Number; Business contact details including but not limited to phone number(s), e-mail address; Geographic or Location detail i.e. home and/or business address; Gender; Marital Status (if applicable); Billing Information i.e. Banking Details; Order Information i.e. purchase information/history.

Other information that may be exchanged in the course of engaging with the service. You will be aware of any subsequently collected information because it will come directly from you.

Collection of User Generated Content

You may post content on the service/social media platforms, including but not limited to the MISA FaceBook page, that include your comments and any other information which may become public (‘user generated content’). If you post user generated content, all of the information that you post will be available to authorized personnel of MISA.

You expressly acknowledge and agree that MISA may access in real-time, record and store archives of any user generated content on our servers to make use of them in connection with the service. If you submit a review, recommendation, endorsement, or other user generated content through the service, or through other websites and other similar channels, we may share that review, recommendation, endorsement or content publicly on the service.

What are the Sources of Personal Information collected by MISA?

Direct Personal Information:
- When providing Personal Information to MISA by the completion of a MISA Membership Application; MISA Benefit Application; MISA Enquiry Form for Legal/Labour assistance; Employment Application.

This Personal Information is collected directly from you, and you will know the precise Personal Information being collected by MISA.

Third Party Personal Information:
- MISA is a party to the Motor Industry Bargaining Council (MIBCO) and have access to the registered information provided by MIBCO; Employers; MISA members;
- MISA serve on the board of the Motor Industry Retirement Fund (MIRF) as well as the Motor Industry Provident Fund (MIPF) and have access to direct Personal Information provided to MIRF by completion of a Motor Industry Provident Fund (MIPF) Death Benefit Application; MIPF Ill Health Benefit Application with Medical History and Reports. This Personal Information is collected directly from the data subject who will know the precise Personal Information being shared with and collected by MIRF/MIFA and viewed by MISA in the performance of our duties.
- MISA entered into Lease Agreements and other third party Service Level Agreements. This Personal Information is collected directly from the data subject who will know the precise Personal Information being shared with and collected by MISA.

Why does MISA collect Data Subjects’ Personal Information?

Subject to the terms of this privacy notice, MISA uses the above described categories of Personal Information in several ways. Unless otherwise stated specifically, the above information may be used for any of the following purposes:

To administer the service to you;
To respond to your requests/enquiries;
To communicate relevant and/or important information through, including but not limited to, the bulk Short Message Service (SMS);
To distribute communications relevant to your use of the service, such as system updates or information about your use of the service;
As may be necessary to support the operation of the service, such as for billing, account maintenance, and record-keeping purposes;
To send to you MISA solicitations, product announcements, weekly and/or monthly newsletters or articles and the like that we feel may be of interest to you. Please note that you may ‘opt out’ of receiving these marketing materials

MISA does not sell, re-sell, or distribute for re-sale your Personal Information.

How do we share your Personal Information with third parties?

If you agree to this in writing, we may provide any of the described categories of Personal Information to MISA employees, consultants, affiliates i.e. MIBCO or other businesses or persons for the purpose of processing such information on our behalf in order to provide the service to you. In such circumstances, we require that these parties agree to protect the confidentiality of such information consistent with the terms of this privacy notice.

We will not share your Personal Information with other, third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature which you will specifically be able to opt-out of.

In addition, we may release Personal Information:

to the extent we have a good-faith belief that such action is necessary to comply with any applicable law;
to enforce any provision of the terms of service , protect ourselves against any liability, defend ourselves against any claims, protect the rights, property and personal safety of any user, or protect the public welfare;
when disclosure is required to maintain the security and integrity of the service, or to protect any user’s security or the security of other persons, consistent with applicable laws
to respond to a court order, subpoena, search warrant, or other legal process, to the extent permitted and as restricted by law.

Direct Marketing Communications to MISA Members

We may communicate with you using email, SMS, WhatsApp and other channels (sometimes through automated means) as part of our effort to market our benefits or services; administer or improve our benefits or services; educate and empower you through articles and news letters to stay on top of the latest developments in legislation or for other reasons stated in this privacy notice. In doing so, your personal information is not shared, but your personal contact details is utilised to communicate with you. You have an opportunity to withdraw consent to receive such direct marketing communications, as permitted by law.

If you no longer wish to receive correspondence, emails, or other communications from us, you may opt-out by submitting a request via e-mail to info@ms.org.za

You may express you communication preferences at the time you join MISA as member.

Please note that you may continue to receive non-marketing communications as may be required to maintain your relationship with MISA.

Retention of Data

MISA will retain your Personal Information only for as long as is necessary for the purposes set out in this notice. We will retain and use Personal Information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies.

South African privacy rights

If you are a South African resident, South Africa law may provide you with certain rights with regard to your Personal Information under POPIA as well the Consumer Protection Act throughout this privacy notice you will find information required by POPIA regarding the categories of Personal Information collected from you; the purposes for which we use Personal Information, and the categories of third parties your data may be shared with. This information is current as of the date of the notice and is applicable in the 12 months preceding the effective date of the notice.

As a South African resident, the POPIA and Promotion of Access to Information Act 2000 (PAIA) provide you the ability to make inquiries regarding your Personal Information.

Specifically, the degree to which the information is not already provided in this privacy notice, you have the right to request disclosure or action your Personal Information, including:

Whether your Personal Information is collected by MISA.
The specific Personal Information collected about you.
The ability to correct or delete/destroy certain Personal Information collected about you.
The ability to delete/destroy all the Personal Information collected about you, subject to certain exceptions, i.e. in terms of legislation
To opt-in or opt-out of direct marketing to you.
To object to/restrict processing of your Personal Information, or
Appeal any rejection of access to your Personal Information

You may submit a request regarding your rights under POPIA or PAIA by sending us an e-mail at info@ms.org.za

If we receive a POPIA request from you, we will first make a determination regarding the applicability of the law, and we will then take steps to verify your identity prior to responding. The steps to verify your identity may vary based on our relationship with you, but, at a minimum, it will take the form of confirming and matching the information submitted in the request with information already held by MISA and/or contacting you through previously used channels to confirm that you submitted the request (i.e. Confirming identity through contact information that we have on file, and/or the contact information submitted to make the request).

MISA does not knowingly collect or process Special Personal Information such as your religious or philosophical beliefs, race or ethnic origins, political persuasion, health or sex life, or your criminal behaviour or biometric information (POPIA section26). MISA does, in terms of POPIA section 30, knowingly process Special Personal Information relating to your MISA Union Membership.

If you have a comment, question, or complaint about how we are processing your Personal Information, we hope that you contact us via e-mail on info@ms.org.za in order to allow us to resolve the matter. In addition, if you are located in the republic of South Africa, you may submit a complaint regarding the processing of your Personal Information to the information regulator at the following link:

https://www.justice.gov.za/inforeg/contact.html

Information Storage and Security

We employ industry-standard and/or generally accepted security measures designed to secure the integrity and confidentiality of all information submitted through the service. However, the security of information transmitted through the internet or via a mobile device can never be guaranteed. We are not responsible for any interception or interruption of any communications through the internet or for changes to or losses of data.

Users of the service are responsible for maintaining the security of any password, user ID or other form of authentication involved in obtaining access to password protected or secure areas of the service. In order to protect you and your information, we may suspend your use of any of the service, without notice, pending an investigation, if any breach of security is suspected.

External Links

The service may contain links to other websites maintained by third parties. Please be aware that we exercise no control over linked sites and MISA is not responsible for the privacy practices or the content of such sites. Each linked site maintains its own independent privacy and data collection policies and procedures, and you are encouraged to view the privacy policies of these other sites before providing any Personal Information.

You hereby acknowledge and agree that MISA is not responsible for the privacy practices, data collection policies and procedures, or the content of such third-party sites, and you hereby release MISA from any and all claims arising out of or related to the privacy practices, data collection policies and procedures, and/or the content of such third-party sites.

Children’s Privacy

The service is not intended for children under the age of 18, and MISA does not knowingly collect the Personal Information of children under the age of 18.

Changes to this Privacy Notice

MISA reserves the right to modify this privacy notice from time to time in order that it accurately reflects the regulatory environment and our data collection principles. When material changes are made to this privacy notice, MISA will post the revised notice on our website. This privacy notice was last modified as of 1 July 2021

If you have any questions or comments about this privacy notice or the service provided by MISA, please contact the Information Officer, Mrs. Martlé Keyter, or the Deputy Information Officer, Ms. Tiekie Mocke, at info@ms.org.za

MISA Members

On completion of the MISA Membership Application Form you have already consented in writing that, in terms of POPIA, you authorise MISA or its designated agent, to process your personal information (as per your membership application form) as well as to provide the necessary information of your MISA membership to the Motor Industry Bargaining Council (MIBCO) and your employer in so far as it is necessary to protect and/or execute your interests and/or those of MISA.