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 –
1.1 “OKHA” means OKHA INTERIORS PTY Ltd (registration number 2017/112096/07), a Furniture Brand and Design Studio and includes the OKHA Associated Entities. The terms “we”, “us”, and “our” shall have a corresponding meaning;
1.2 “OKHA Associated Entities” means
(i) SAOTA (Proprietary) Limited, registration number 2008/023601/21;
(ii) ARRCC (Proprietary) Limited, registration number 2015/205337/07;
1.3.1 where the child is in the Republic of South Africa, means any natural person under the age of 18 (eighteen) years; and
1.3.2 where the child is in the European Union, any natural person under the age of 16 (sixteen) years.
1.4 “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 OKHA;
1.5 “Data Subject” means the person to whom Personal Information relates;
1.6 “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;
1.7 “Direct Marketer” means a supplier who employs Direct Marketing as an advertising mechanism; 1.8 “Employees” means any employee of OKHA;
1.9 “GDPR” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);
1.10 “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;
1.11 “Personal Information” means information relating to a Data Subject (for purposes of the GDPR, this is specifically limited to natural persons only), 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 –
1.11.1 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;
1.11.2 education, medical, financial, criminal or employment history;
1.11.3 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, customer or Data Subject code or number, 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;
1.11.4 blood type, fingerprint, or any other biometric information.
1.11.5 personal opinions, views or preferences.
1.11.6 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
1.11.7 corporate structure, composition and business operations (in circumstances where the Data Subject is a juristic person) irrespective of whether such information is in the public domain or not.
1.13 “POPIA” means the Protection of Personal Information Act 4 of 2013;
1.14 “Processing” means any operation or activity or any set of operations, whether or not by automatic means, concerning Personal Information, including –
1.14.1 the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use;
1.14.2 dissemination by means of transmission, distribution or making available in any other form by electronic communications or other means; or
1.15 “Regulator” means either (i) the South African Information Regulator established in terms of POPIA; or (ii) the relevant supervisory authority under the GDPR;
1.16 “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;
1.17 “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, sexual orientation, genetic information, biometric information or criminal behaviour;
1.18 “Third Party” means any independent contractor, agent, consultant, sub-contractor or other representative of OKHA; and
1.19 “Website” means the OKHA website currently located at www.OKHA.com.
The purpose of this Policy is to inform Data Subjects about how OKHA Processes their Personal Information.
3.1 OKHA, in its capacity as Responsible Party and/or Operator, shall strive to observe, and comply with its obligations under POPIA and, where relevant, the GDPR, as well as accepted information protection principles, practices and guidelines when it Processes Personal Information from or in respect of a Data Subject.
3.2 This Policy applies to Personal Information collected by OKHA in connection with the services which we offer and provide. This includes information collected directly from you as a Data Subject, as well as information we collect indirectly through our Direct Marketing campaigns and online through our websites, branded pages on Third Party platforms and applications accessed or used through such websites or Third Party platforms which are operated by or on behalf of OKHA.
4.1 OKHA 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 or the Personal Information is contained in or derived from a public record).
4.2 OKHA 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.
4.3 OKHA often collects Personal Information directly from the Data Subject and/or in some cases, from Third Parties.
4.4 Where OKHA obtains Personal Information from Third Parties, OKHA will endeavour 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 OKHA is permitted to do so in terms of clause 4.1 above.
4.5 An example of such Third Parties include:
(i) our clients when OKHA handles Personal Information on their behalf;
(ii) credit reference agencies;
(iii) other companies providing services to OKHA; and
(iv) where OKHA makes use of publicly available sources of information.
5.1 Where OKHA is the Responsible Party, it will only Process a Data Subject’s Personal Information (other than for Special Personal Information) where –
5.1.1 consent of the Data Subject (or a competent person where the Data Subject is a Child) is obtained;
5.1.2 Processing is necessary to carry out the actions for conclusion of a contract to which a Data Subject is party;
5.1.3 Processing complies with an obligation imposed by law on OKHA;
5.1.4 Processing protects a legitimate interest of the Data Subject;
5.1.5 Processing is necessary for pursuing the legitimate interests of OKHA or of a third party to whom the information is supplied; and/or
5.1.6 Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in OKHA.
5.2 OKHA will only Process Personal Information where one of the legal bases referred to in paragraph 5.1 above are present.
5.3 OKHA will make the manner and reason for which the Personal Information will be Processed clear to the Data Subject.
5.4 Where OKHA 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 OKHA’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.
5.5 If the consent is withdrawn or if there is otherwise a justified objection against the use or the Processing of such Personal Information, OKHA will ensure that the Personal Information is no longer Processed.
6.1 Special Personal Information is sensitive Personal Information of a Data Subject and OKHA acknowledges that it will generally not Process Special Personal Information unless (i) processing is carried out in accordance with the Data Subject’s explicit consent; or
(ii) information has been deliberately made public by the Data Subject; or
(iii) processing is necessary for the establishment, exercise or defence of a right or legal claim or obligation in law); or
(iv) processing is for historical, statistical or research purposes, subject to stipulated safeguards; or – for purposes of POPIA –
6.1.1 specific authorisation has been obtained in terms of POPIA; and for purposes of the GDPR –
6.1.2 Processing is necessary for the purposes of carrying out the obligations and exercising specific rights of OKHA or of the Data Subject in the field of employment and social security and social protection law;
6.1.3 Processing is necessary to protect the vital interests of the data subject or of another natural person where the Data Subject is physically or legally incapable of giving consent;
6.1.4 processing is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity;
6.1.5 Processing is necessary for reasons of substantial public interest;
6.1.6 Processing is necessary for the purposes of preventative or occupational medicine; or
6.1.7 Processing is necessary for reasons of public interest in the area of public health.
6.2 OKHA 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.
7.1 OKHA 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 OKHA Processes such Personal Information.
7.2 OKHA 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.
7.3 It will ensure that there is a legal basis for the Processing of any Personal Information. Further, OKHA 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).
7.4 OKHA 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 –
7.4.1 For the purposes of providing its services to the Data Subject from time to time;
7.4.2 Personal Information is processed as part of the “Know Your Customer”/“KYC” process as per the requirements of the Financial Intelligence Centre Act 38 of 2001;
7.4.3 Personal Information is processed in order to conduct due diligence processes on OKHA Clients;
7.4.4 Personal Information is processed in order to comply with obligations imposed on OKHA under the Based Black Economic Empowerment Act 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 BEE Act, as amended or reissued from time to time;
7.4.5 Personal Information is processed for the purposes of performing general information technology-related functions for all business functions within the OKHA;
7.4.6 Personal Information is processed 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); 7.4.7 Personal Information is processed for employment-related purposes such as administering payroll, assessing credit and criminal history, and determining Employment Equity Act 55 of 1998 statistics;
7.4.8 To respond to any correspondence that the Data Subject may send to OKHA, including via email, OKHA’s site(s) or by telephone;
7.4.9 In connection with the execution of payment processing functions, including payment of OKHA’s suppliers’ invoices;
7.4.10 To contact the Data Subject for direct marketing purposes subject to the provisions of clause 10 below;
7.4.11 For such other purposes to which the Data Subject may consent from time to time; and
7.5 For such other purposes as authorised in terms of applicable law.
8.1 OKHA 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.
8.2 OKHA may not always expressly request the Data Subject to verify and update his/her/its Personal Information, unless this process is specifically necessary.
8.3 OKHA, however, expects that the Data Subject will notify OKHA from time to time in writing of any updates required in respect of his/her/its Personal Information.
9.1 OKHA may store your Personal Information in hardcopy format and/or in electronic format using OKHA’s own secure on-site servers or other internally hosted technology. Your Personal Information may also be stored by Third Parties, via cloud services or other technology, with whom OKHA has contracted with, to support OKHA’s business operations.
9.2 OKHA’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.
9.3 OKHA 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 and, where relevant, the GDPR.
9.4 These Third Parties do not use or have access to your Personal Information other than for purposes specified by us, and OKHA requires such parties to employ at least the same level of security that OKHA uses to protect your personal data.
9.5 Your Personal Information may be Processed in South Africa or another country where OKHA, its affiliates and their Third Party service providers maintain servers and facilities and OKHA 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.
10.1 To the extent that OKHA acts in its capacity as a Direct Marketer, it shall strive to observe, and comply with its obligations under POPIA and, where relevant, the GDPR when implementing principles and practices in relation to Direct Marketing. 10.2 OKHA 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.
10.3 It may use Personal Information to contact any Data Subject and/or market OKHA’s services directly to the Data Subject(s) if the Data Subject is one of OKHA’s existing clients, the Data Subject has requested to receive marketing material from OKHA or OKHA has the Data Subject’s consent to market its services directly to the Data Subject.
10.4 If the Data Subject is an existing client, OKHA 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 OKHA previously provided to the Data Subject.
10.5 OKHA will ensure that a reasonable opportunity is given to the Data Subject to object to the use of their Personal Information for OKHA’s marketing purposes when collecting the Personal Information and on the occasion of each communication to the Data Subject for purposes of Direct Marketing.
10.6 OKHA 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, OKHA 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.
11.1 OKHA may keep records of the Personal Information it has collected, correspondence, or comments in an electronic or hardcopy file format.
11.2 OKHA will 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 –
11.2.1 where the retention of the record is required or authorised by law; 11.2.2 OKHA requires the record to fulfil its lawful functions or activities; 11.2.3 retention of the record is required by a contract between the parties thereto;
11.2.4 the data subject (or competent person, where the data subject is a child) has consented to such longer retention; or
11.2.5 the record is retained for historical, research or statistical purposes provided safeguards are put in place to prevent use for any other purpose.
11.3 Accordingly, OKHA will, subject to the exceptions noted herein, 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.
11.4 Where OKHA retains Personal Information for longer periods for statistical, historical or research purposes, OKHA 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.
11.5 Once the purpose for which the Personal Information was initially collected and Processed no longer applies or becomes obsolete, OKHA will ensure that the Personal Information is deleted, destroyed or de-identified sufficiently so that a person cannot re-identify such Personal Information.
11.6 In instances where we de-identify your Personal Information, OKHA may use such de-identified information indefinitely.
12.1 Should OKHA need to collect Personal Information by law or under the terms of a contract that OKHA may have with you and you fail to provide the Personal Information when requested, we may be unable to perform the contract we have or are attempting to enter into with you.
12.2 In such a case, OKHA may have to decline to provide or receive the relevant services, and you will be notified where this is the case.
13.1 OKHA shall preserve the security of Personal Information and, in particular, prevent its alteration, loss and damage, or access by non-authorised third parties.
13.2 OKHA 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.
13.3 Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of Data Subjects, OKHA implements appropriate technical and organisational measures to ensure a level of security appropriate to the risk of Processing, including measures protecting any Personal Information from loss or theft, and unauthorised access, disclosure, copying, use or modification, including –
13.3.1 the pseudonymization and encryption of Personal Information; 13.3.2 the ability to ensure the ongoing confidentiality, integrity, availability and resilience of Processing systems and services;
13.3.3 the ability to restore the availability and access to Personal Information in a timely manner in the event of a physical or technical incident; and
13.3.4 a process for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures for ensuring the security of Processing.
13.4 Further, OKHA maintains and regularly verifies that the security measures are effective and regularly updates same in response to new risks.
14.1 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.
14.2 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.
14.3 OKHA will address any Data Breach in accordance with the terms of POPIA and, where relevant, the GDPR.
14.4 OKHA 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.
14.5 OKHA will provide such notification as soon as reasonably possible and, where feasible, not later than 72 (seventy two) hours after having become aware of any Data Breach in respect of such Data Subject’s Personal Information.
14.6 Where OKHA acts as an ‘Operator’ and should any Data Breach affect the data of Data Subjects whose information OKHA Processes as an Operator, OKHA shall (in terms of POPIA and, where applicable, the GDPR) 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.
15.1 OKHA 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 and, where relevant, the GDPR.
15.2 OKHA notes that such Third Parties may assist OKHA with the purposes listed in paragraph 7.4 above – for example, service providers may be used, inter alia: (i) to notify the Data Subjects of any pertinent information concerning OKHA, (ii) for data storage and/or (iii) to assist OKHA with auditing processes (external auditors).
15.3 OKHA will disclose Personal Information with the consent of the Data Subject or if OKHA is permitted to do so without such consent in accordance with the applicable laws.
15.4 Further, OKHA may also send Personal Information to a foreign jurisdiction outside of the Republic of South Africa, including for Processing and storage by Third Parties.
15.5 When Personal Information is transferred to a jurisdiction outside of the Republic of South Africa (including to any OKHA Associated Entity), OKHA will obtain the necessary consent to transfer the Personal Information to such foreign jurisdiction or may transfer the Personal Information where OKHA is permitted to do so in accordance with the provisions applicable to cross-border flows of Personal Information under POPIA and, where applicable, the GDPR.
15.6 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.
16.1 A Data Subject has certain rights under POPIA and, where applicable, the GDPR, including the following:
16.1.1 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:
220.127.116.11 OKHA to confirm, free of charge, whether it holds any Personal
18.104.22.168 to obtain from OKHA 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:
22.214.171.124.1 within a reasonable time; and
126.96.36.199.2 in a reasonable manner and format and in a form that is generally understandable.
16.1.2 a right to request correction or deletion: a Data Subject may also request OKHA to –
188.8.131.52 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
184.108.40.206 destroy or delete a record of Personal Information about the Data Subject that OKHA is no longer authorised to retain records in terms of POPIA’s and, where applicable, the GDPR’s retention and restriction of records provisions. On receipt of such a request, OKHA is required to, as soon as is reasonably practicable –
220.127.116.11.1 correct the information;
18.104.22.168.2 delete or destroy the information;
22.214.171.124.3 provide the Data Subject with evidence in support of the information; or
126.96.36.199.4 where the Data Subject and Responsible Party cannot reach agreement on the request and if the Data Subject requests this, OKHA will take reasonable steps to attach to the information an indication that correction has been requested but has not been made;
16.1.3 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 OKHA with notice to such effect at the address set out in paragraph 21. Further, a Data Subject may object, on reasonable grounds, to the Processing of Personal Information relating to him/her/it.
16.2 Accordingly, OKHA 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.
16.3 Any such identifying information shall only be used for the purpose of facilitating access to or information regarding the Personal Information.
16.4 The Data Subject can request in writing to review any Personal Information about the Data Subject that OKHA holds including Personal Information that OKHA has collected, utilised or disclosed, as well as the following information: (i) the purposes of Processing; (ii) the categories of Personal Information concerned; (iii) where possible, the envisaged period for which the Personal Information will be stored or, if not possible, the criteria used to determine that period; (iv) the existence of the right to request from OKHA rectification or erasure of Personal Information or restriction of Processing of Personal Information concerning the Data Subject or to object to such processing; (v) the right to lodge a complaint with the Regulator; (vi) where the Personal Information is not collected from the Data Subject, any available information as to their source; and (vii) the existence of automated Processing, including profiling and, at least in those cases, meaningful information about the logic involved as well as the significance and the envisaged consequences of such processing for the Data Subject.
16.5 OKHA shall respond to these requests in accordance with POPIA and, where applicable, the GDPR and will provide the Data Subject with any such Personal Information to the extent required by law and any of OKHA’s policies and procedures which apply in terms of the Promotion of Access to Information Act 2 of 2000 (PAIA).
16.6 The Data Subject can challenge the accuracy or completeness of his/her/its Personal Information in OKHA’s records at any time in accordance with the process set out in OKHA’s manual developed in terms of PAIA for accessing information.
16.7 If a Data Subject successfully demonstrates that their Personal Information in OKHA’s records is inaccurate or incomplete, OKHA will ensure that such Personal Information is amended or deleted as required (including by any Third Parties).
17.1 OKHA will respond to each written request of a Data Subject not later than 30 (thirty) days after receipt of such requests. Under certain circumstances, the OKHA may, however, extend the original period of 30 (thirty) days once for a further period of not more than 30 (thirty) days.
17.2 A Data Subject has the right to make a complaint to the OKHA in respect of this time limit by contacting OKHA using the contact details provided in paragraph 21 below.
The prescribed fees to be paid for copies of the Data Subject’s Personal Information are listed in the PAIA Manual.
20.1 OKHA 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.
20.2 The current version of this Policy will govern the respective rights and obligations between you and OKHA each time that you access and use our Website.
OKHA Proprietary Limited PHYSICAL & POSTAL ADDRESSES Cape Town Office: Physical and Postal: 109 Hatfield Street, Gardens, Cape Town, 8001
T: +27 (0)21 468 4400
HEAD OF BODY Name: Adam Court E: adamc@OKHA.com
INFORMATION OFFICER Name: Logen Gordon E: logeng@OKHA.com
DEPUTY INFORMATION OFFICERS Name: Melissa Andrews E: email@example.com
21.1 If a Data Subject is unsatisfied with the way OKHA addresses any complaint with regard to OKHA’s Processing of Personal Information, the Data Subject can contact the office of the relevant regulator.