POPIA Compliance

Company: Tuks Mobile Network Operator (Pty) Ltd Applicable Law: Protection of Personal Information Act, 4 of 2013 (POPIA) – Republic of South Africa

1. Introduction & Scope

Tuks Mobile Network Operator (Pty) Ltd (“the Company”) is committed to compliance with the Protection of Personal Information Act (POPIA). This policy sets out the Company’s commitment to protecting the privacy of personal information of its customers, employees, suppliers, and other stakeholders (“Data Subjects”).

This policy applies to all personal information processed by the Company, regardless of the format in which it is stored or the medium through which it is collected.

2. The 8 Conditions for Lawful Processing

The Company adheres to the 8 statutory conditions for the lawful processing of personal information as set out in POPIA:

  1. Accountability: The Company ensures that all conditions for lawful processing are complied with at all times.
  2. Processing Limitation: Personal information is processed lawfully, and in a reasonable manner that does not infringe the privacy of the Data Subject. Processing only takes place with consent, or where it is necessary for the conclusion or performance of a contract (e.g., providing network services), or where required by law (e.g., RICA).
  3. Purpose Specification: Personal information is collected for specific, explicitly defined, and lawful purposes related to the Company’s functions and activities.
  4. Further Processing Limitation: Any further processing of personal information will be compatible with the original purpose for which it was collected.
  5. Information Quality: The Company takes reasonably practicable steps to ensure that personal information is complete, accurate, not misleading, and updated where necessary.
  6. Openness: The Company maintains strict transparency regarding the collection and processing of personal information. Data Subjects are informed of the collection and the purpose thereof via our Privacy Policy.
  7. Security Safeguards: The Company has implemented appropriate, reasonable technical and organizational measures to prevent loss of, damage to, or unauthorized destruction of personal information, and unlawful access to or processing of personal information.
  8. Data Subject Participation: Data Subjects have the right to request access to, correction of, or deletion of their personal information held by the Company.

3. Information Officer

The Company has appointed an Information Officer who is responsible for ensuring compliance with POPIA, dealing with requests made under the Act, and working with the Information Regulator.

Requests regarding personal information can be directed to the Information Officer at: Email: legal@tuksmobile.com (Please include “Information Officer” in the subject line).

4. Rights of Data Subjects

Under POPIA, Data Subjects have the following rights:

  • Right to be notified: That personal information about them is being collected.
  • Right of access: To establish whether the Company holds personal information of them and to request access to such information.
  • Right to correction/deletion: To request the correction or deletion of inaccurate, irrelevant, excessive, out of date, incomplete, misleading, or unlawfully obtained personal information.
  • Right to object: To object to the processing of personal information on reasonable grounds.
  • Right to lodge a complaint: To submit a complaint to the Information Regulator regarding an alleged interference with the protection of their personal information.

5. Security Compromises (Data Breaches)

In the event that there are reasonable grounds to believe that the personal information of a Data Subject has been accessed or acquired by any unauthorized person, the Company will, as soon as reasonably possible, notify the Information Regulator and the relevant Data Subject(s) in accordance with Section 22 of POPIA.

6. The Information Regulator

If you believe that your rights as a Data Subject have been compromised, and we have not resolved your grievance satisfactorily, you have the right to lodge a complaint with the Information Regulator of South Africa.

Contact Details for the Information Regulator: JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001 P.O Box 31533, Braamfontein, Johannesburg, 2017 Complaints email: complaints.IR@justice.gov.za General enquiries email: inforeg@justice.gov.za