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Privacy Policy


In this Policy (as defined below), unless the context requires otherwise, the following words and expressions bear the meanings assigned to them and cognate expressions bear corresponding meanings:

  1. ‘DFA’ means Dark Fibre Africa (Pty) Ltd (incorporated and registered in the Republic of South Africa under registration number 2007/013968/07);
  2. ‘Child’ means any natural person under the age of 18 (eighteen) years;
  3. ‘Data Breach’ means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Information under the control of or in the possession of DFA;
  4. ‘Data Subject’ has the meaning ascribed thereto under POPIA;
  5. ‘Direct Marketing’ means to approach a person, by electronic communication, for the purpose of promoting or offering to supply, in the ordinary course of business, any goods or services to the data subject;
  6. ‘Employees’ means any employee of DFA;
  7. ‘Operator’ means a person or entity who Processes Personal Information for a Responsible Party in terms of a contract or mandate, without coming under the direct authority of that Responsible Party;
  8. ‘Personal Information’ has the meaning ascribed thereto under POPIA and specifically includes any form of information that can be used to identify a Data Subject;
  9. ‘Policy’ means this Privacy Policy;
  10. ‘POPIA’ means the Protection of Personal Information Act No. 4 of 2013;
  11. ‘Processing’ has the meaning ascribed thereto under POPIA. ‘Process’ has a corresponding meaning;
  12. ‘Regulator’ means the Information Regulator established in terms of the Act;
  13. ‘Responsible Party’ means a public or private body or any other person which alone or in conjunction with others determines the purpose of and means for Processing Personal Information;
  14. ‘Special Personal Information’ means Personal Information concerning a Data Subject’s religious or philosophical beliefs, race or ethnic origin, trade union membership, political opinions, health, sexual life, biometric information or criminal behaviour; and
  15. ‘Third Party’ means any independent contractor, agent, consultant, subcontractor or other representative of DFA.

Purpose of this policy

  1. The purpose of this Policy is to inform Data Subjects about how DFA Processes their Personal Information.
  2. DFA, in its capacity as Responsible Party [and/or Operator], shall strive to observe and comply with its obligations under POPIA as well as accepted information protection principles, practices and guidelines when it Processes Personal Information from or in respect of a Data Subject.
  3. This Policy applies to Personal Information collected by DFA in connection with the goods and services which DFA provides and offers. This includes information collected directly from you as a Data Subject, as well as information we collect indirectly though our service providers who collect your information on our behalf.
  4. This Privacy Policy does not apply to the information practices of Third Party companies who we may engage with in relation to our business operations (including, without limitation, their websites, platforms and/or applications) which we do not own or control; or individuals that DFA does not manage or employ. These Third Party sites may have their own privacy policies and terms and conditions and we encourage you to read them before using them.

Process of collecting personal information

  1. DFA collects Personal Information directly from Data Subjects, unless an exception is applicable (such as where the Data Subject has made the Personal Information public or the Personal Information is contained in or derived from a public record).
  2. DFA will always collect Personal Information in a fair, lawful and reasonable manner to ensure that it protects the Data Subject’s privacy and will Process the Personal Information based on legitimate grounds in a manner that does not adversely affect the Data Subject in question.
  3. DFA often collects Personal Information directly from the Data Subject and/or, in some cases, from Third Parties. Where DFA obtains Personal Information from Third Parties, DFA will ensure that it obtains the consent of the Data Subject to do so or will only Process the Personal Information without the Data Subject’s consent where DFA is permitted to do so in terms of clause 3.1 above.
  4. Examples of such Third Parties include: (i) our customers when DFA handles Personal Information on their behalf; (ii) recruitment agencies; (iii) other companies providing services to DFA; and (iv) where DFA makes use of publicly available sources of information.

Lawful processing of personal information

  1. Where DFA is the Responsible Party, it will only Process a Data Subject’s Personal Information (other than for Special Personal Information) where:
    1. consent of the Data Subject (or a competent person, where the Data Subject is a Child) is obtained;
    2. Processing is necessary to carry out the actions for conclusion of a contract to which a Data Subject is party;
    3. Processing complies with an obligation imposed by law on DFA;
    4. Processing protects a legitimate interest of the Data Subject; and/or
    5. Processing is necessary for pursuing the legitimate interests of DFA or of a third party to whom the information is supplied.
  2. DFA will only Process Personal Information where one of the legal bases referred to in paragraph 4.1 above are present.
  3. Where required (i.e. where we are not relying on a legal ground listed in paragraph 4.1 above), DFA will obtain the Data Subject’s consent prior to collecting, and in any case prior to using or disclosing, the Personal Information for any purpose.
  4. DFA will make the manner and reason for which the Personal Information will be Processed clear to the Data Subject.
  5. Where DFA is relying on a Data Subject’s consent as the legal basis for Processing Personal Information, the Data Subject may withdraw his/her/its consent or may object to DFA’s Processing of the Personal Information at any time. However, this will not affect the lawfulness of any Processing carried out prior to the withdrawal of consent or any Processing justified by any other legal ground provided under POPIA.
  6. If the consent is withdrawn or if there is otherwise a justified objection against the use or the Processing of such Personal Information, DFA will ensure that the Personal Information is no longer Processed.

Special personal information and personal information of children

  1. Special Personal Information is sensitive Personal Information of a Data Subject and DFA acknowledges that it will generally not Process Special Personal Information unless:
  2. DFA acknowledges that it may not Process any Personal Information concerning a Child and will only do so where it has obtained the consent of the parent or guardian of that Child or where it is permitted to do so in accordance with applicable laws.

Purpose for processing personal information

  1. DFA understands its obligation to make Data Subjects aware of the fact that it is Processing their Personal Information and inform them of the purpose for which DFA Processes such Personal Information.
  2. DFA will only Process a Data Subject’s Personal Information for a specific, lawful and clear purpose (or for specific, lawful and clear purposes) and will ensure that it makes the Data Subject aware of such purpose(s) as far as possible.
  3. It will ensure that there is a legal basis for the Processing of any Personal Information. Further, DFA will ensure that Processing will relate only to the purpose for and of which the Data Subject has been made aware (and where relevant, consented to) and will not Process any Personal Information for any other purpose(s).
  4. DFA will generally use Personal Information for purposes required to operate and manage its normal business operations and these purposes include one or more of the following non-exhaustive purposes:
    1. for the purposes of providing its products or services to customers and where relevant, for purposes of doing appropriate customer onboarding and credit vetting;
    2. for purposes of onboarding suppliers as approved suppliers of DFA. For this purpose, DFA will also Process a supplier’s Personal Information for purposes of performing credit checks, and this may include engaging third party credit vetting agencies;
    3. for purposes of monitoring the use of DFA’s electronic systems and online platforms by consumers. DFA will, from time to time, engage third party service providers (who will Process the Data Subject’s Personal Information on behalf of DFA) to facilitate this;
    4. for purposes of preventing, discovering and investigating non-compliance with this Policy and other DFA policies, and investigating fraud, or other related matters;
    5. In connection with the execution of payment processing functions, including payment of DFA suppliers’ invoices;
    6. to provide a service to DFA customers in terms of relevant services agreements;
    7. for employment-related purposes such as recruitment, administering payroll and carrying out background checks;
    8. in connection with internal audit purposes (i.e. ensuring that the appropriate internal controls are in place in order to mitigate the relevant risks, as well as to carry out any investigations where this is required);
    9. in connection with external audit purposes. For this purpose, DFA engages external service providers and, in so doing, shares Personal Information of the Data Subjects with third parties;
    10. to respond to any correspondence that DFA commercial customer may send to DFA, including via email or by telephone;
    11. to contact the Data Subject for direct marketing purposes subject to the provisions of section 10 below;
    12. in order to address customer complaints in respect of DFA’s products and services;
    13. for such other purposes to which the Data Subject may consent from time to time; and
    14. for such other purposes as authorised in terms of applicable law.

Keeping personal information accurate

  1. DFA will take reasonable steps to ensure that all Personal Information is kept as accurate, complete and up to date as reasonably possible depending on the purpose for which Personal Information is collected or further processed.
  2. DFA may not always expressly request the Data Subject to verify and update his/her/its Personal Information unless this process is specifically necessary.
  3. DFA, however, expects that the Data Subject will notify DFA from time to time in writing of any updates required in respect of his/her/its Personal Information.

Storage and processing of personal information by DFA and third-party service providers

  1. DFA may store your Personal Information in hardcopy format and/or in electronic format using DFA’s own secure on-site servers or other internally hosted technology. Your Personal Information may also be stored by Third Parties [or other DFA group companies], via cloud services or other technology, with whom DFA has contracted with, to support DFA’s business operations.
  2. DFA’s Third-Party service providers, including data storage and processing providers, may from time to time also have access to a Data Subject’s Personal Information in connection with purposes for which the Personal Information was initially collected to be Processed.
  3. DFA will ensure that such Third Party service providers will process the Personal Information in accordance with the provisions of this Policy, all other relevant internal policies and procedures and POPIA.
  4. These Third Parties do not use or have access to your Personal Information other than for purposes specified by us, and DFA requires such parties to employ at least the same level of security that DFA uses to protect your personal data.
  5. Your Personal Information may be Processed in South Africa or another country where DFA, its affiliates and their Third Party service providers maintain servers and facilities and DFA will take steps, including by way of contracts, to ensure that it continues to be protected, regardless of its location, in a manner consistent with the standards of protection required under applicable law.

Personal information for direct-marketing purposes

  1. To the extent that DFA carries out Direct Marketing, it shall strive to observe and comply with its obligations under POPIA when implementing principles and practices in relation to Direct Marketing.
  2. DFA acknowledges that it may only use Personal Information to contact the Data Subject for purposes of Direct Marketing from time to time where it is permissible to do so.
  3. It may use Personal Information to contact any Data Subject and/or market DFA’s services directly to the Data Subject(s) if the Data Subject is one of DFA’s existing clients, the Data Subject has requested to receive marketing material from DFA or DFA has the Data Subject’s consent to market its services directly to the Data Subject.
  4. If the Data Subject is an existing client, DFA will only use his/her/its Personal Information if it has obtained the Personal Information through the provision of a service to the Data Subject and only in relation to similar services to the ones DFA previously provided to the Data Subject.
  5. DFA will ensure that a reasonable opportunity is given to the Data Subject to object to the use of their Personal Information for DFA’s marketing purposes when collecting the Personal Information and on the occasion of each communication to the Data Subject for purposes of Direct Marketing.
  6. DFA will not use your Personal Information to send you marketing materials if you have requested not to receive them. If you request that we stop Processing your Personal Information for marketing purposes, DFA shall do so. We encourage that such requests to opt-out of marketing be made via forms and links provided for that purpose in the marketing materials sent to you.

Retention of personal information

  1. DFA may keep records of the Personal Information it has collected, correspondence, or comments in an electronic or hardcopy file format.
  2. In terms of POPIA, DFA may not retain Personal Information for a period longer than is necessary to achieve the purpose for which it was collected or processed and is required to delete, destroy (in such a way that it cannot be reconstructed) or de-identify the information as soon as is reasonably practicable once the purpose has been achieved. This prohibition will not apply in the following circumstances:
    1. where the retention of the record is required or authorised by law;
    2. DFA requires the record to fulfil its lawful functions or activities;
    3. retention of the record is required by a contract between the parties thereto;
    4. the data subject (or competent person, where the data subject is a child) has consented to such longer retention; or
    5. the record is retained for historical, research or statistical purposes provided safeguards are put in place to prevent use for any other purpose.

    Accordingly, DFA will, subject to the exceptions noted in this Policy, retain Personal Information for as long as necessary to fulfil the purposes for which that Personal Information was collected and/or as permitted or required by applicable law.

  3. Where DFA retains Personal Information for longer periods for statistical, historical or research purposes, DFA will ensure that appropriate safeguards have been put in place to ensure that all recorded Personal Information will continue to be Processed in accordance with this Policy and applicable laws.
  4. Once the purpose for which the Personal Information was initially collected and Processed no longer applies or becomes obsolete, DFA will ensure that the Personal Information is deleted, destroyed or de-identified sufficiently so that a person cannot re-identify such Personal Information. In instances where we de-identify your Personal Information, DFA may use such de-identified information indefinitely.

Failure to provide personal information

  1. Should DFA need to collect Personal Information by law or under the terms of a contract that DFA may have with you and you fail to provide the personal data when requested, we may be unable to perform the contract we have or are attempting to enter into with you.
  2. In such a case, DFA may have to decline to provide or receive the relevant services, and you will be notified where this is the case.

Safe-keeping of personal information

  1. DFA shall preserve the security of Personal Information and strive to take steps to prevent its alteration, loss and damage, or access by non-authorised third parties.
  2. DFA will ensure the security and integrity of Personal Information in its possession or under its control with appropriate, reasonable technical and organisational measures to prevent loss, unlawful access and unauthorised destruction of Personal Information.
  3. DFA has implemented physical, organisational, contractual and technological security measures (having regard to generally accepted information security practices or industry specific requirements or professional rules) to keep all Personal Information secure, including measures protecting any Personal Information from loss or theft, and unauthorised access, disclosure, copying, use or modification. Further, DFA maintains and regularly verifies that the security measures are effective and regularly updates same in response to new risks.

Breaches of personal information

  1. A Data Breach refers to any incident in terms of which reasonable grounds exist to believe that the Personal Information of a Data Subject has been accessed or acquired by any unauthorised person.
  2. A Data Breach can happen for many reasons, which include: (a) loss or theft of data or equipment on which Personal Information is stored; (b) inappropriate access controls allowing unauthorised use; (c) equipment failure; (d) human error; (e) unforeseen circumstances, such as a fire or flood; (f) deliberate attacks on systems, such as hacking, viruses or phishing scams; and/or (g) alteration of Personal Information without permission and loss of availability of Personal Information.
  3. DFA will address any Data Breach in accordance with the terms of POPIA.
  4. DFA will notify the Regulator and the affected Data Subject (unless the applicable law requires that we delay notification to the Data Subject) in writing in the event of a Data Breach (or a reasonable belief of a Data Breach) in respect of that Data Subject’s Personal Information.
  5. DFA will provide such notification as soon as reasonably possible after it has become aware of any Data Breach in respect of such Data Subject’s Personal Information.
  6. Where DFA acts as an ‘Operator’ for purposes of POPIA and should any Data Breach affect the data of Data Subjects whose information DFA Processes as an Operator, DFA shall (in terms of POPIA) notify the relevant Responsible Party immediately where there are reasonable grounds to believe that the Personal Information of relevant Data Subjects has been accessed or acquired by any unauthorised person.

Provision of personal information to third-party service providers

  1. DFA may disclose Personal Information to Third Parties and will enter into written agreements with such Third Parties to ensure that they Process any Personal Information in accordance with the provisions of this Policy and POPIA.
  2. DFA notes that such Third Parties may assist DFA with the purposes listed in paragraph 6.3 above – for example, service providers may be used, inter alia:
    1. for data storage;
    2. to assist DFA with auditing processes (external auditors); and/or
    3. to notify the Data Subjects of any pertinent information concerning DFA.
  3. DFA will disclose Personal Information with the consent of the Data Subject or if DFA is permitted to do so without such consent in accordance with applicable laws.
  4. Further, DFA may also send Personal Information to a foreign jurisdiction outside of the Republic of South Africa, including for Processing and storage by Third Parties or other DFA group companies.
  5. When Personal Information is transferred to a jurisdiction outside of the Republic of South Africa, DFA will obtain the necessary consent to transfer the Personal Information to such foreign jurisdiction or may transfer the Personal Information where DFA is permitted to do so in accordance with the provisions applicable to cross-border flows of Personal Information under POPIA.
  6. The Data Subject should also take note that the Processing of Personal Information in a foreign jurisdiction may be subject to the laws of the country in which the Personal Information is held and may be subject to disclosure to the governments, courts of law, enforcement or regulatory agencies of such other country, pursuant to the laws of such country.

Access to personal information

  1. POPIA read with the relevant provisions of the Promotion of Access to Information Act, No. 2 of 2000 (‘PAIA’) confers certain access rights on Data Subjects. The DFA PAIA Manual (‘PAIA Manual’) is available on the the DFA website. These rights include:
    1. a right of access: a Data Subject having provided adequate proof of identity has the right to: (i) request a Responsible Party to confirm whether any Personal Information is held about the Data Subject; and/or (ii) request from a Responsible Party a description of the Personal Information held by the Responsible Party including information about Third Parties who have or have had access to the Personal Information. A Data Subject may request:
      1. DFA to confirm, free of charge, whether it holds any Personal Information about him/her/it; and
      2. to obtain from DFA the record or description of Personal Information concerning him/her/it and any information regarding the recipients or categories of recipients who have or had access to the Personal Information. Such record or description is to be provided: (a) within a reasonable time; and (b) in a reasonable manner and format and in a form that is generally understandable.
    2. a right to request correction or deletion: a Data Subject may also request DFA to
      1. correct or delete Personal Information about the Data Subject in its possession or under its control that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or obtained unlawfully; or
      2. destroy or delete a record of Personal Information about the Data Subject that DFA is no longer authorised to retain records in terms of POPIA’s retention and restriction of records provisions. On receipt of such a request, DFA is required to, as soon as is reasonably practicable:
        1. correct the information;
        2. delete or destroy the information;
        3. provide the Data Subject with evidence in support of the information; or
        4. where the Data Subject and Responsible Party cannot reach agreement on the request and if the Data Subject requests this, DFA will take reasonable steps to attach to the information an indication that correction has been requested but has not been made;
    3. a right to withdraw consent and to object to processing: a Data Subject that has previously consented to the Processing of his/her/its Personal Information has the right to withdraw such consent and may do so by providing DFA with notice to such effect at the address set out in paragraph 19. Further, a Data Subject may object, on reasonable grounds, to the Processing of Personal Information relating to him/her/it.
  2. Accordingly, DFA may request the Data Subject to provide sufficient identification to permit access to, or provide information regarding the existence, use or disclosure of the Data Subject’s Personal Information. Any such identifying information shall only be used for the purpose of facilitating access to or information regarding the Personal Information.
  3. The Data Subject can request in writing to review any Personal Information about the Data Subject that DFA holds including Personal Information that DFA has collected, utilised or disclosed.
  4. DFA shall respond to these requests in accordance with POPIA and PAIA and provide the Data Subject with any such Personal Information to the extent required by law and any of DFA’s policies and procedures which apply in terms of the PAIA.
  5. The Data Subject can challenge the accuracy or completeness of his/her/its Personal Information in DFA’s records at any time in accordance with the process set out in the PAIA Manual for accessing information.
  6. If a Data Subject successfully demonstrates that their Personal Information in DFA’s records is inaccurate or incomplete, DFA will ensure that such Personal Information is amended or deleted as required (including by any Third Parties).
  7. DFA will respond to each written request of a Data Subject not later than 30 days after receipt of such requests. Under certain circumstances, DFA may, however, extend the original period of 30 days once for a further period of up to 30 days.
  8. A Data Subject has the right to make a complaint to DFA in respect of this time limit by contacting DFA using the contact details provided in paragraph 17 below. The prescribed fees to be paid for copies of the Data Subject’s Personal Information are referenced in the PAIA Manual.

Changes to this policy

  1. DFA reserves the right to make amendments to this Policy from time to time and will use reasonable efforts to notify Data Subjects of such amendments.
  2. The current version of this Policy will govern the respective rights and obligations between you and DFA each time that you access and use our site.

Contact us

  1. All comments, questions, concerns or complaints regarding your Personal Information or this Policy, should be directed to our Information Officer, Tsholofelo Moeca, at telephone number +27 12 443 1000; physical address 96 Koranna Avenue, Doringkloof, Centurion, 0157; or postal address Private Bag X116, CENTURION, 0046.
  2. If required, the Data Subject can contact the office of the Regulator via the website http://justice.gov.za/inforeg/; telephone number +27 12 406 4818; fax number +27 86 500 3351; or email address inforeg@justice.gov.za.

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