VERSION CONTROL
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1 | INTRODUCTION |
1.1 | VIRTU@LLY CLEAR, in the course of its business, will receive, process, communicate store and otherwise |
1.2 | The board of directors of VIRTU@LLY CLEAR also requires that all personal information is appropriately |
2 | PURPOSE |
The purpose of this policy is to regulate the proper handling of all personal information under the control or | |
3 | SCOPE |
This policy applies to all subscribers, employees or third parties using VIRTU@LLY CLEAR information | |
4 | GLOSSARY OF DEFINITIONS AND ABBREVIATIONS |
Unless inconsistent with the context, the expressions set out in this policy will have the meanings assigned | |
4.1 | 'personal information' means: |
4.1.1 | any information about an identifiable natural person, and in so far as it is applicable, an identifiable, juristic |
4.1.1.1 | race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, |
4.1.1.2 | opinions, views, preference of the person; |
4.1.1.3 | communications sent or received by that person that are explicitly of a private nature. |
4.1.2 | This definition excludes information: |
4.1.2.1 | which may have been derived from personal information but which cannot be used to identify a person; |
4.1.2.2 | about a person, whether natural and has been dead, or juristic and has ceased to exist, as the case may |
4.2 | 'data subject' means: |
4.2.1 | the person who owns or to whom personal information relates; |
4.3 | 'processing' means: |
4.3.1 | any operation or any set of operations concerning personal information including, but not limited to the |
5 | POLICY STATEMENTS |
5.1 | VIRTU@LLY CLEAR shall: |
5.1.1 | process all personal information fairly and lawfully; |
5.1.2 | ensure that personal information is collected only for purposes communicated to the data subject and not |
5.1.3 | ensure that personal information collected and/or processed is adequate, relevant and not excessive in |
5.1.4 | maintain personal information in a manner that ensures that it is complete, not misleading, up to date and |
5.1.5 | grant the data subject access to personal information held by VIRTU@LLY CLEAR to which the data |
5.2 | The data subject shall be entitled to request: |
5.2.1 | the correction of personal information; or |
5.1.3 | ensure that personal information collected and/or processed is adequate, relevant and not excessive in |
5.1.4 | maintain personal information in a manner that ensures that it is complete, not misleading, up to date and |
5.1.5 | grant the data subject access to personal information held by VIRTU@LLY CLEAR to which the data |
5.2 | The data subject shall be entitled to request: |
5.2.1 | the correction of personal information; or |
5.2.2 | failing agreement by VIRTU@LLY CLEAR to consent to the correction of personal information processed, |
5.3 | VIRTU@LLY CLEAR will process information, even if that processing is in breach of the provisions of this |
5.4 | Without limitation, personal information may be provided by VIRTU@LLY CLEAR to authorities legally |
5.5 | With regard to employees of VIRTU@LLY CLEAR, exceptions to the access requirements are permitted |
5.6 | VIRTU@LLY CLEAR shall not keep personal information in a form which permits identification of a data |
5.7 | VIRTU@LLY CLEAR shall only process personal information if: |
5.7.1 | it complies with the provisions of 5.1; or |
5.7.2 | processing is necessary for the performance of a contract to which the data subject is a party; or |
5.7.3 | processing is required to respond to a request made by the data subject; or |
5.7.4 | processing is necessary for compliance with legal obligations to which VIRTU@LLY CLEAR is subject; or |
5.7.5 | processing is necessary in order to protect the vital interests of the data subject; or |
5.7.6 | processing is necessary to explore or provide new business products and/or services which may be of use |
5.8 | VIRTU@LLY CLEAR shall implement appropriate technical and organizational measures to secure: |
5.8.1 | the integrity of personal information by safeguarding against the risk of loss of, or damage to, or destruction |
5.8.2 | against the unauthorized or unlawful access to or processing of personal information. |
5.9 | VIRTU@LLY CLEAR shall in the processing of personal information have due regard to generally accepted |
5.10 | Where VIRTU@LLY CLEAR has reasonable grounds to believe that the personal information of a data |
5.11 | Unless specifically permitted in terms of Law, VIRTU@LLY CLEAR shall not process personal information: |
5.11.1 | concerning a child who is subject to parental control in terms of the Law without the prior written consent of |
5.11.2 | concerning a data subject's religious or philosophical beliefs, race or ethnic origin, trade union |
5.12 | VIRTU@LLY CLEAR may be required to provide to authorised third parties personal information processed |
5.13 | VIRTU@LLY CLEAR shall ensure that all recipients of such information are known to or identifiable by |
5.14 | Unless expressly required by law to the contrary, all disclosures of personal information to third parties |
5.15 | VIRTU@LLY CLEAR shall be entitled to obtain a blanket consent to disclosure of personal information |
5.16 | VIRTU@LLY CLEAR information systems are provided primarily for the purpose of VIRTU@LLY CLEAR |
5.17 | VIRTU@LLY CLEAR shall monitor, access, retrieve, read and/or disclose communication where required |
5.18 | VIRTU@LLY CLEAR shall monitor, access, retrieve, read and/or disclose communications where required |
5.19 | VIRTU@LLY CLEAR shall store all business communications and/or any other communications which it is |
5.20 | VIRTU@LLY CLEAR shall monitor addresses to and from which electronic communications are made, |
5.21 | VIRTU@LLY CLEAR shall use all commercially reasonable measures necessary to prevent accidental loss |
5.22 | To the extent that information or communications may be readily distinguished as "private", VIRTU@LLY |
5.23 | At any time, and without prior notice, VIRTU@LLY CLEAR may examine records of information or |
5.24 | To the extent that any personal information is stored by VIRTU@LLY CLEAR, a person authorised by |
5.25 | Any person authorised by VIRTU@LLY CLEAR to examine information and who may as a result of this |
6 | REVIEW |
The Information Officer shall: | |
• monitor and review the VIRTU@LLY CLEAR information systems regularly and to the extent necessary, | |
• ensure that all new policy documents or amendments to existing policy shall be approved in accordance | |
• maintain a revision history of this policy in the schedule forming part of this policy entitled "Version |