Wahl Clipper Pty Ltd (Wahl) is in the professional and home grooming industry and is a subsidiary of Wahl Corporation. Wahl Corporation has a Privacy Policy (Group Policy) which covers all entities within the Group, including Wahl. The Group Policy also makes provision for entities within the group to apply local legislation in the event there are inconsistencies between local legislation and the Group Policy. Wahl is required to ensure that they adopt a statement or a Policy that will make reference to the local privacy requirements such as POPIA.
This Policy regulates the use and protection of Personal Information that Wahl processes in terms of POPIA. Wahl acknowledges the need to ensure that Personal Information is handled with care and is committed to ensuring that it complies with the requirements of POPIA for the processing of Personal Information.
POPIA imposes obligations on both public and private bodies for the processing of Personal Information.
The purpose of this Policy is to inform Data Subjects about how Wahl will protect the Personal Information they process, collect, or collate, receive, record, store, update, distribute, erase/destroy, disclose and/or generally use the Data Subject’s Personal Information.
This Policy explains how Wahl Processes the Personal Information of Data Subjects. The rights Data Subjects have relating to the use, disclosure and correction of their Personal Information which Wahl has on record about Data Subjects.
WAHL, in its capacity as the Responsible Party, shall observe, and comply with its obligations under POPIA as well as accepted practices and guidelines when it processes Personal Information from or in respect of any Data Subject.
This Policy applies to Personal Information collected by Wahl in connection with the services which it offers and provides. This includes information collected offline and or through its website. This Policy does not apply to the information practices of Third-Party companies (including, without limitation, their websites, platforms and/or applications) which Wahl does not own or control; or individuals that Wahl does not manage or employ. These Third-Party sites may have their own privacy policies and terms and conditions and Data Subjects are encouraged to read them before using those Third-Party sites.
POPIA applies to the processing of Personal Information of natural (i.e., living) and juristic (i.e. legal) persons (referred to as Data Subjects) by all Responsible Parties domiciled in the Republic of South Africa.
POPIA applies to any Personal Information entered into a record by automated or non-automated means. POPIA also provides that if there are any other pieces of legislation which contain more extensive protections for the processing Personal Information, that piece of legislation will apply.
Personal Information, for the purposes of this Policy, is any form of information that identifies a Data Subject. This information may include but is not limited to a Data Subject’s name, race, gender, pregnancy, marital status, mailing address, phone number, email address, education, employment history, and their financial history (such as their credit history).
Special Personal Information is sensitive Personal Information of a Data Subject and Wahl acknowledges that it is not allowed to Process Special Personal Information other than in the specific circumstances prescribed under POPIA and/or generally if such;
●Processing is carried out in accordance with the Data Subject’s express consent;
●Processing is necessary for the establishment, exercise or defence of a right or obligation in law;
●Processing is necessary to comply with an obligation of POPIA;
●Processing is for historical, statistical or research purposes, subject to stipulated safeguards;
●Information has deliberately been made public by the Data Subject; and
●Specific authorisation has been obtained in terms of POPIA.
Wahl processes the Personal Information of its employees for employment-related purposes in accordance with the requirements of POPIA and in terms of Wahl internal policies and procedures.
8.1 Wahl will collect Personal Information in a fair, lawful, and reasonable manner to ensure that it protects the Data Subjects’ rights to privacy and will process the Personal Information based on lawful grounds in a manner that does not adversely affect the Data Subject in question.
8.2 Wahl collects Personal Information directly from Data Subjects, unless an exception is applicable (such as, for example, where the Data Subject has made the Personal Information public, has authorised a third party to provide Wahl with their Personal Information or the Personal Information is contained in or derived from a public record).
8.3 Where Wahl obtains Personal Information from Third Parties, Wahl will ensure that it does so in compliance with POPIA. Examples of such Third Parties may include:
● Recruitment agencies;
● Medical Aid brokers; and
● Other companies providing services to Wahl.
9.1 Wahl also collects Personal Information directly from customers through the credit and cash customer application forms or through an agreement. Data Subjects should provide their consent to Wahl either electronically or in writing.
9.2 Wahl shall inform Data Subjects of the manner and reason for which their Personal Information will be Processed before Wahl obtains their consent.
9.3 Where Wahl collects Personal Information from third parties, Wahl will ensure that the third party obtains consent that the information can be shared with Wahl.
9.4 Where Wahl 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 Wahl’s processing of the Personal Information, as set out in paragraph 19.4 below. 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.
9.5 If the consent is withdrawn or if there is a justified objection to the use or the Processing of such Personal Information, Wahl will ensure that the Personal Information is no longer Processed.
9.6 Wahl may also rely on other lawful grounds for its Processing of Personal Information including to carry out actions in relation to the conclusion or performance of an agreement/contract to which the Data Subject is a party, to comply with a public law duty or to carry out an obligation imposed on Wahl in terms of applicable law as detailed in paragraph 11.2 below.
10.1 Wahl will generally only Process a Data Subject’s Personal Information where:
10.1.1 Consent of the Data Subject is obtained;
10.1.2 Processing is necessary to carry out the actions for conclusion of an agreement to which the Data Subject is a party to;
10.1.3 Processing is necessary for the fulfilment of an employment contract to which the Data Subject is a party to;
10.1.4 Processing complies with an obligation imposed by law on Wahl;
10.1.5 Processing protects a legitimate interest of the Data Subject; and
10.1.6 Processing is necessary for pursuing the legitimate interests of Wahl or of a Third Party to whom the Personal Information is supplied.
11.1 Wahl 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 reasons and purpose(s) as far as possible.
11.2 Wahl may use Personal Information for, without limitation, the following purposes as set out below:
11.2.1 In connection with the Wahl’s obligations in terms of the National Credit Act, No. 34 of 2005;
11.2.2 In connection with internal and external 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);
11.2.3 For employment-related purposes such as recruiting staff, administering payroll, assessing credit and criminal history, and determining Employment Equity Act, No. 55 of 1998 statistics, and to ensure that it is complying with its legal obligations under the applicable laws, including, but not limited to:
● the Labour Relations Act, No. 66 of 1995;
● the Basic Conditions of Employment Act, No. 75 of 1997;
● the Skills Development Act, No. 97 of 1998;
● the Unemployment Insurance Act, No. 63 of 2001;
● the Occupational Health and Safety Act, No. 85 of 1993; and
● the Compensation for Occupational Injuries and Diseases Act, No. 130 of 1993.
11.2.4 To respond to any correspondence that the Data Subject may send to Wahl, including via email or by telephone;
11.2.5 Personal Information is Processed in order to comply with obligations imposed on Wahl under the Based Black Economic Empowerment Act, No. 53 of 2003 (“BEE Act”) read together with the Department of Trade and Industry’s Codes of Good Practice on Broad-Based Black Economic Empowerment published in terms of Government Gazette No. 36928 on 11 October 2013 under section 9(1) of the B-BBEE Act, as amended or reissued from time to time;
11.2.6 Personal Information of suppliers or potential suppliers is Processed by Wahl;
11.2.7 Personal Information is Processed in connection with the execution of payment processing functions;
11.2.8 For such other purposes to which the Data Subject may consent from time to time; and
11.2.9 For such other purposes authorized in terms of applicable law or for the Wahl to perform a public law duty.
12.1 Personal information that Wahl collects from Data Subject is stored in a secure environment and is not available to any person outside Wahl (except as set out in this Privacy Policy).
12.2 Personal information may also be stored by Third Parties, via cloud services or other technology, with whom Wahl has contracted with, to support Wahl’s business operations.
12.3 Wahl’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.
12.4 WAHL 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, procedures and POPIA.
12.5 These Third Parties do not use or have access to Personal Information other than for purposes specified by Wahl, and Wahl requires such parties to employ at least the same level of security that Wahl uses to protect the Personal Information.
12.6 Personal Information may be Processed in the Republic of South Africa or another country where Third Party service providers maintain servers and facilities and Wahl 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 POPIA and applicable law.
13.1 Wahl may keep a record of a Data Subject’s Personal Information, correspondence, or comments on file, in an electronic or hardcopy file format.
13.2 Wahl will not keep a Data Subject’s Personal Information longer than the period for which it is required based on the purpose for which Wahl is Processing such Personal Information, unless Wahl is required by law to do so, or if the Data Subject has consented to keeping such information for a longer period.
13.3 Where Wahl retains Personal Information for longer periods for statistical, historical or research purposes, Wahl 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 the applicable laws.
13.4 Once the purpose for which the Personal Information was initially collected and processed no longer applies or becomes obsolete, Wahl will ensure that the Personal Information is deleted, destroyed or de-identified sufficiently so that a person cannot re-identify such Personal Information.
13.5 In instances where Wahl de-identifies the Data Subject’s Personal Information, Wahl may use such de-identified information indefinitely without further notice to the Data Subject.
13.6 When Wahl is no longer authorised to retain a record containing Personal Information, it shall destroy, delete or de-identify such a record. Any destruction or deletion of a record shall be done in a manner that prevents its reconstruction in an intelligible form.
14.1 In terms of POPIA, Wahl is required to place a restriction on the processing of Personal Information where:
14.1.1 The accuracy of such information is contested by the Data Subject;
14.1.2 The Personal Information is no longer required to achieve the purpose for which it was collected or subsequently processed (but has to be maintained for purposes of proof); and
14.1.3 The Processing is unlawful, and the Data Subject requests the restriction of use.
15.1 Wahl shall preserve the security of Personal Information and prevent its alteration, loss and damage, or access by non-authorised third parties.
15.2 Wahl 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.
15.3 Wahl shall implement physical, organisational, contractual and technological security measures in line with industry standards to keep all Personal Information secure, including measures to protect any Personal Information from loss or theft, and unauthorised access, disclosure, copying, use or modification.
15.4 Wahl shall maintain and regularly verify that the security measures are effective and continually updates same in response to new risks.
16.1 A Data Breach refers to any incident in terms of which actual or suspected breach of security that leads to reasonable grounds to believe that the Personal Information of a Data Subject has been unlawfully accessed, altered, or acquired and disclosed by any unauthorised person.
16.2 A Data Breach can occur for many reasons, which include:
16.2.1 Loss or theft of data or equipment on which Personal Information is stored;
16.2.2 Where someone outside of Wahl obtains unauthorised access to Personal Information or Special Personal Information;
16.2.3 Equipment failure; 16.2.4 Human error;
16.2.5 Deliberate attacks on systems, such as hacking, viruses or phishing scams; and/or
16.2.6 Alteration of Personal Information without permission and loss of availability of Personal Information.
16.3 Wahl will address any Data Breach in accordance with the terms of POPIA. In this regard, Wahl ensures that adequate controls are in place so that:
16.3.1 Data Breaches are identified, investigated, and timeously reported in accordance with the Wahl procedures, and that actions which are proportionate, consistent, and transparent are taken;
16.3.2 Internal assessments are carried out to ensure that the impact of any Data Breaches is addressed in order to minimise and mitigate any risk in relation to affected Personal Information under Wahl’s control; and
16.3.3 All Data Breaches are recorded and regularly reported.
16.4 Wahl will notify the Information Regulator and the affected Data Subject (unless the law requires that Wahl delays 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.
16.5 Wahl 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.
16.6 Where Wahl acts as an Operator for purposes of POPIA and should any Data Breach affect the data of a Data Subject whose information Wahl Processes as an Operator, Wahl shall (in terms of POPIA) notify the relevant Responsible Party (Information Regulator/Data Subject) immediately where there are reasonable grounds to believe that the Personal Information of the relevant Data Subjects has been accessed or acquired by any unauthorised person.
17.1 Wahl may, where required to do so, disclose certain 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.
17.2 The Third Parties may assist Wahl with the purposes to carry out Wahl activities, for example; Third Parties may be used, inter alia, to:
17.2.1 Assist Wahl with auditing processes (including external audits);
17.2.2 Advise Wahl on certain investment or procurement transactions;
17.2.3 Provide outsourced services, i.e., IT;
17.2.4 Assist Wahl with regulatory compliance processes;
17.2.5 Notify the Data Subject of any pertinent information concerning Wahl; and
17.2.6 Assist Wahl with legal, technical and financial due diligence processes.
17.3 When Personal Information is transferred to a jurisdiction outside of the Republic of South Africa, Wahl will comply with the requirements under POPIA for the lawful transfer of such Personal Information to any foreign jurisdiction.
17.4 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.
18.1 Wahl is required to take reasonably practicable steps to ensure that Personal Information is complete, accurate, not misleading and up to date and accordingly, Wahl will take reasonable steps to ensure that all Personal Information is kept as accurate, complete and up to date as reasonably possible, including where appropriate, Wahl may expressly request the Data Subject to verify and update his/her/its Personal Information.
18.2 Wahl expects that the Data Subject will notify it from time to time in writing of any updates required in respect of his/her/its Personal Information.
19.1 POPIA read with the relevant provisions of PAIA confers on natural persons and where applicable, juristic persons, whose Personal Information is processed, certain rights. Wahl’s PAIA Manual incorporated with POPIA can be found on Wahls’s website. In terms of this Manual, the rights of Data Subjects include:
19.2 Right of access
19.2.1 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)to request from a Responsible Party a description of the Personal Information held, including information about Third Parties who have or have had access to the Personal Information.
19.2.2 A Data Subject may request:
(i) Wahl to confirm, free of charge, whether it holds any Personal Information about him/her/it; and
(ii)To obtain from Wahl, at a prescribed fee (if any), 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.
19.3 A right to request correction or deletion:
19.3.1 A Data Subject may also request Wahl to:
(i) 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
(ii) Destroy or delete a record of Personal Information about the Data Subject that Wahl is no longer authorised to retain records of in terms of POPIA’s retention and restriction of records provisions. On receipt of such a request, Wahl is required to, as soon as is reasonably practicable:
a)Correct the information;
b)Delete or destroy the information;
c)Provide the Data Subject with evidence in support of the information; and
d)Where the Data Subject and Responsible Party cannot reach agreement on the request and if the Data Subject requests this, Wahl will take reasonable steps to attach to the information an indication that a correction has been requested but has not been made.
19.4 Right to withdraw consent and to object to processing:
19.4.1 Any Data Subject that has previously consented to the Processing of his/her/its Personal Information has the right to withdraw his/her/its consent and may do so upon providing Wahl with a notice to such effect. Furthermore, a Data Subject may object, on reasonable grounds, to the Processing of Personal Information relating to him/her/it.
19.5 Wahl shall respond to these requests under certain conditions imposed by POPIA and PAIA. Wahl will provide the Data Subject with any such Personal Information to the extent required by POPIA and any of Wahl’s policies and procedures which apply in terms of PAIA.
19.6 The Data Subject can challenge the accuracy or completeness of his/her/its Personal Information in Wahl’s records at any time in accordance with the process set out in Wahl’s PAIA Manual incorporated with POPIA requirements.
19.7 If a Data Subject successfully demonstrates that their Personal Information in Wahl’s records is inaccurate or incomplete, Wahl will ensure that such Personal Information is amended or deleted as required (including by any Third Parties).
20.1 Wahl will respond to each written request of a Data Subject not later than 30 days after receipt of such requests. Under certain circumstances, Wahl may, however, extend the original period of 30 days once for a further period of not more than 30 days.
20.2 A Data Subject has the right to make a complaint to Wahl in respect of this time limit by contacting Wahl.
The prescribed fees to be paid for copies of the Data Subject’s Personal Information are listed in Wahl’s PAIA Manual incorporated with POPIA requirements.
In accordance with POPIA, Wahl has uploaded a Privacy Notice which is accessible on its website. The Notice;
● Confirms that Wahl is concerned about the Data Subject’s Personal Information and how it is used;
● Informs Data Subjects that Wahl uses their Personal Information carefully;
● Discloses the information collected, processed and stored by Wahl and for what purpose;
● Informs Data Subjects of their privacy rights; and
● Provides Wahl contact details for privacy related purposes.
23.1 Wahl 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.
23.2 The current version of this Policy will govern the respective rights and obligations between Data Subject and Wahl.
24.1 All comments, questions, concerns or complaints regarding the Data Subject’s Personal Information or this Policy, should be forwarded to:
Name: Pat Knight
Designation: Information Officer
Email address: pknight@wahlsa.com
Name: Gracious Ncube
Designation: Deputy Information Officer
Email address: gncube@wahlsa.com
24.2 If a Data Subject is unsatisfied with the manner in which Wahl addresses any complaint with regard to Wahl’s Processing of Personal Information, the Data Subject can contact the office of the information Regulator, the details of which are set out below –
Website: http://justice.gov.za/inforeg/
Tel: 012 406 4818
Fax: 086 500 3351
Email: inforeg@justice.gov.za
In this Policy (as defined below), unless the context requires otherwise, the following words and expressions bear the meanings assigned to them:
“Data Breach” means an actual or suspected 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 WAHL;
“Data Subject” means the WAHL employees, Non-Executive Directors, clients or suppliers or any other persons in respect of whom WAHL Processes Personal Information, who may be either natural or juristic persons;
“Employees” means any employee of WAHL as defined in the Labour Relations Act 66 of 1995;
“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;
“Personal Information” means information relating to any Data Subject, including but not limited to (i) views or opinions of another individual about the Data Subject; and (ii) information relating to such Data Subject’s:
Race, sex, gender, sexual orientation, pregnancy, marital status, nationality, ethnic or social origin, colour, age, physical or mental health, well-being, disability, religion, conscience, belief, cultural affiliation, language and birth; education, medical, financial, criminal or employment history;
names, identity number and/or any other personal identifier, including any number(s), which may uniquely identify a Data Subject, account or client number, password, pin code, numeric, alpha, or alpha-numeric design or configuration of any nature, symbol, email address, domain name or IP address, physical address, cellular phone number, telephone number or other particular assignment; blood type, fingerprint or any other biometric information; personal opinions, views or preferences;
Correspondence that is implicitly or expressly of a personal, private or confidential nature (or further correspondence that would reveal the contents of the original correspondence); and
information relating to corporate structure, composition and business operations (in circumstances where the Data Subject is a juristic person);
“Policy” means this Data Protection Policy;
“POPIA” means the Protection of Personal Information Act, No 4 of 2013;
“PAIA” means the Promotion of Access to Information Act, No 2 OF 2000;
“Processing” means any operation or activity or any set of operations, whether or not by automatic means, concerning Personal Information, including: the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use;
dissemination by means of transmission, distribution or making available in any other form by electronic communications or other means; or merging, linking, blocking, degradation, erasure or destruction. For the purposes of this definition, “Process” has a corresponding meaning.
“Record” means any recorded information: regardless of form or medium, including any of the following:
Writing on any material;
information produced, recorded or stored by means of any tape recorder, computer equipment, whether hardware or software or both, or other device, and any material subsequently derived from information so produced, recorded or stored;
label, marking or other writing that identifies or describes anything of which it forms part, or to which it is attached by any means; book, map, plan, graph or drawing; photograph, film, negative, tape or other device in which one or more visual images are embodied so as to be capable, with or without the aid of some other equipment, of being reproduced; in the possession or under the control of WAHL; whether or not it was created by WAHL; and regardless of when it came into existence;
“Regulator” means the Information Regulator established in terms of POPIA;
“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;
“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
“Third Party” means any independent contractor, agent, consultant, sub-contractor or other representative of WAHL.
“WAHL” means the WAHL Clipper Pty Limited
“WAHL Corporation” means Wahl Clipper Corporation being an entity registered in the United States of America, to which Wahl Clipper Pty Limited is a subsidiary of.
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