Privacy Policy for Smile Foundation

EXTERNAL PRIVACY POLICY

1. Introduction
   • For purposes of this Statement:
     • “Applicable Laws” means all laws, regulations that Smile Foundation SA is required to comply with;
     • “Child” any child on whose behalf information is submitted by a parent or guardian;
     • “Client” or “you” means any prospective, new or existing client of Smile Foundation SA and its subsidiaries; and
     • “Smile Foundation SA ” or “we” or “us” means the Smile Foundation South Africa.
   • This Statement sets out how your or your Child’s personal information will be used by Smile Foundation SA and applies to any information, including personal and special personal information, you give to Smile Foundation SA or which Smile Foundation SA may collect from third parties.
   • It is important that you read this Statement carefully before submitting any personal information to Smile Foundation SA.
   • By submitting any personal information to Smile Foundation SA you provide consent to the processing of your and your Child’s personal information as set out in this Statement.
   • The provisions of this Statement are subject to mandatory, unalterable provisions of Applicable Laws;
   • Please do not submit any personal information to Smile Foundation SA if you do not agree to any of the provisions of this Statement. If you do not consent to the provisions of this Statement, or parts of the Statement, Smile Foundation SA may not be able to provide its products and services to you.
2. How to contact us

If you have any comments or questions about this statement please contact the Information Officer:

Tarri Parfitt, 011 753 3034, tarri@smilefoundationsa.org

3. Privacy and indemnity
   • Smile Foundation SA takes your privacy and the protection of your personal information very seriously, and we will only use your personal information in accordance with this Statement and applicable data protection legislation. It is important that you take all necessary and appropriate steps to protect your personal information yourself (for example, by ensuring that all passwords and access codes are kept secure).
   • We have implemented reasonable technical and operational measures to keep your personal information secure.
   • You hereby indemnify and hold Smile Foundation SA harmless from any loss, damages or injury that you may incur as a result of any unintentional disclosures of your personal information to unauthorised persons or the provision of incorrect or incomplete personal information to Smile Foundation SA.
4. Information which we may collect about you
   • We may collect the following information about you or your Child:
     • this information may include your name, address, contact details, date of birth, place of birth, identity number, passport number, bank details, details about your employment, tax number and financial information, medical info and surgery details
     • records of correspondence or enquiries from you or anyone acting on your behalf; and
     • details of transactions you carry out with us.
   • Where you provide us with the personal information of third parties you should take steps to inform the third party that you need to disclose their details to us, identifying us. We will process their personal information in accordance with this Statement.
   • There are certain types of more sensitive or special personal information which require a higher level of protection, such as information about a person’s health which warrants a higher level of protection.
   • We may also collect, store and use the following more special types of personal information:
     • Information about race or ethnicity;
     • Information about health, including any medical condition, health and sickness records; and
     • Genetic information and biometric information, including fingerprints, photographs and results of psychometric tests.
   • Situations in which we will use your personal information
     • We need all the categories of information in the list above primarily to allow us to perform our contract with you and to enable us to comply with legal obligations. In some cases, we may use your personal information to pursue legitimate interests, provided your interests and fundamental rights do not override those interests.
     • We also use this information to arrange treatments and medical care for your Child.
   • How we use particularly sensitive personal information?

“Special categories” of particularly sensitive personal information, such as information about your health, racial or ethnic origin, sexual orientation or trade union membership, require higher levels of protection. We need to have further justification for collecting, storing and using this type of personal information. We may process special categories of personal information in the following circumstances:

• In limited circumstances, with your explicit written consent.
• Where we need to carry out our legal obligations or exercise rights in connection with employment.
• Where it is needed for the establishment, exercise, or defence of a right or obligation under law.

• Less commonly, we may process this type of information where you have already made the information public.
• Situations in which we will use your special personal information
  • In general, we will not process particularly sensitive personal information about you unless it is necessary for performing or exercising obligations or rights in connection with employment. The situations in which we will process your particularly sensitive personal information are listed below. We have indicated the purpose or purposes for which we are processing or will process your more sensitive personal information.
    • Information about your health, including any medical condition, health and sickness records;
    • screening results from measures implemented in order to screen for COVID-19, as well as any COVID-19 related medical results required for inter alia conducting risk assessments, contact tracing, and complying with any reporting and/or legal obligations; and
    • We will use information regarding your physical health for the purposes of preventing and mitigating the spread of COVID-19, or any other communicable disease declared to be a pandemic by the Government, in the workplace in accordance with applicable laws.
  • Where we process personal information about any minor (person under the age of 18), we will obtain the unconditional, specific and voluntary consent to the processing of such information

5. How we collect information
   • You may provide personal information to us either directly or indirectly (through an agent acting on your behalf, or an introducer), by completing an application form for our products and services or requesting further information about our products and services, whether in writing, through our website, over the telephone or any other means.
   • We may also collect your personal information from your appointed agent, any regulator, or other third party that may hold such information.
6. Use of information collected
   • We may use, transfer and disclose your personal information for the purposes of:
     • providing you with the services, products or offerings you have requested, and notifying you about important changes to these services, products or offerings;
     • managing your account or relationship and complying with your instructions or requests;
     • detecting and preventing fraud and money laundering and/or in the interest of security and crime prevention;
     • assessing and dealing with complaints and requests;
     • operational, marketing, auditing, legal and record keeping requirements;
     • verifying your identity or the identify of your beneficial owner;
     • transferring or processing your personal information outside of the Republic of South Africa to such countries that may not offer the same level of data protection as the Republic of South Africa, including for cloud storage purposes and the use of any of our websites;
     • complying with Applicable Laws, including lawful requests for information received from local or foreign law enforcement, government and tax collection agencies;
     • recording and/or monitoring your telephone calls and electronic communications to/with Smile Foundation SA in order to accurately carry out your instructions and requests, to use as evidence and in the interests of crime prevention;
     • conducting market research and providing you with information about Smile Foundation SA’ products or services from time to time via email, telephone or other means (for example, events);
     • where you have unsubscribed from certain direct marketing communications, ensuring that we do not sent such direct marketing to you again;
     • disclosing your personal information to third parties for reasons set out in this Statement or where it is not unlawful to do so;
     • monitoring, keeping record of and having access to all forms of correspondence or communications received by or sent from Smile Foundation SA or any of its employees, agents or contractors, including monitoring, recording and using as evidence all telephone communications between you and Smile Foundation SA;
     • improving or evaluating the effectiveness of Smile Foundation SA’ business or products, services or offerings;
     • arranging medical and treatment;
     • sharing your and your Child’s information with medical practitioners, laboratories, hospitals and the like; and
     • prevention and control of any disease.
   • We may from time to time (and at any time) contact you about services, products and offerings available from Smile Foundation SA or specific subsidiaries which we believe may be of interest to you, by email, phone, text or other electronic means, unless you have unsubscribed from receiving such communications. You can unsubscribe from receiving such communications by mailing us here.

 

7. Disclosure of your information
   • Your and your Child’s personal information may be shared with Smile Foundation SA’ subsidiaries, donors, our agents and sub-contractors, and selected third parties who process the information on our behalf or where this is necessary in terms of any Law.
   • We may transfer your and your Child’s information to another of Smile Foundation SA’ entities, an agent, sub-contractor or third party who carries on business in another country, including one which may not have data privacy laws similar to those of the Republic. If this happens, we will ensure that anyone to whom we pass your information agrees to treat your information with the same level of protection as if we were dealing with it.
   • We may share your and your Child’s information with medical practitioners, laboratories, hospitals and the like.
   • If you do not wish us to disclose this information to third parties, please contact us at the contact details set out above. We may, however, not be able to provide products or services to you if such disclosure is necessary.
8. Access to, correction and deletion of your personal information
   • You may request details of personal information which we hold about you or your Child under the Promotion of Access to Information Act, 2000 (“PAIA”) and the Protection of Personal Information Act, 2013 (“POPIA”). Fees to obtain a copy or a description of personal information held about you are prescribed in terms of PAIA. Confirmation of whether or not we hold personal information about you may be requested free of charge. If you would like to obtain a copy of your personal information held by Smile Foundation SA, please review our PAIA Manual located at smilefoundationsa.org
   • You may request the correction of personal information Smile Foundation SA holds about you. Please ensure that the information we hold about you is complete, accurate and up to date. If you fail to keep your information updated, or if your information is incorrect, Smile Foundation SA may limit the products and services offered to you or elect not to open the account.
   • You have a right in certain circumstances to request the destruction or deletion of and, where applicable, to obtain restriction on the processing of personal information held about you or your Child. If you wish to exercise this right, please contact us using the contact details set out above.
   • You have a right to object on reasonable grounds to the processing of your or your Child’s personal information where the processing is carried out in order to protect our legitimate interests or your legitimate interests, unless the law provides for such processing.
9. Complaints
   • Should you believe that Smile Foundation SA has utilised your or your Child’s personal information contrary to Applicable Laws, you undertake to first attempt to resolve any concerns with Smile Foundation SA.
   • If you are not satisfied with such process, you may have the right to lodge a complaint with the Information Regulator, using the contact details listed below:
     • Tel: 010 753 3034
     • Fax: 086 500 3351
     • Email: inforeg@justice.gov.za.