MISA Privacy Policy

The Motor Industry Staff Association (referred to in this privacy notice as “MISA” or “we” and through similar words such as “us,” “our” etc.) is a duly registered trade union in compliance with the Labour Relations Act 66 of 1995 (LRA) section 96(7).

MISA’s services delivered through, including but not limited to, our Facebook Page; Website, Phone App and other interactive properties (collectively, the “service”) are owned, operated and distributed by MISA. This privacy notice outlines the Personal Information that MISA may collect; how MISA uses and safeguards that information; and with whom we may share it.

MISA encourages our members, service providers, customers, visitors, business associates (including tenants), third parties such as MIBCO and other interested parties to read this privacy notice, which applies to all users. By using our service or submitting Personal Information to MISA by any other means, you acknowledge that you understand and agree to be bound by this privacy notice, and agree that MISA may collect, process, transfer, use, and disclose your Personal Information as described in this notice.

If you do not agree with any part of this privacy notice or our terms of service, please do not use any of the services.

What Personal Information do we collect about you?

Personal Information (PI) in terms of the Protection of Personal Information Act 4 of 2013 (POPIA) means ‘information relating to an identifiable, living, natural person, and where applicable, an identifiable, existing juristic person’. That is information that can be used to identify a data subject – ‘the person to whom personal information relates’.

Membership

The Personal Information that we collect directly from our members includes:

Identity Number; Name(s) and Surname; Personal phone number; E-mail Address; Home Address; Gender; Marital Status; Age; Banking Details; Employer Name, Contact Details and Address; Occupation; Cultural Language; Beneficiary Details (Name, Surname; Relation; Contact Details); Employment History; Termination of Service Reason(s) & History; Disciplinary Record.

MISA Benefit Claims

Pregnancy/Birth of child; Marital Status; Physical Health; Education; Disability (Ill Health); Religion (when applicable); Banking Details.

Service Providers, Business Associates & Third Parties

The Personal Information collected from service providers, business associates, tenants and third parties such as MIBCO includes:

Natural Person: Identity Number; Name(s) and Surname; Personal contact details including but not limited to phone number(s), e-mail address; Geographic or Location detail i.e. home and/or business address; Gender; Marital Status (if applicable); Billing Information i.e. Banking Details; Order Information i.e. purchase information/history.

Juristic Person: Business Registration Name and Number; Business contact details including but not limited to phone number(s), e-mail address; Geographic or Location detail i.e. home and/or business address; Billing Information i.e. Banking Details; Order Information i.e. purchase information/history.

Other information that may be exchanged in the course of engaging with the service. You will be aware of any subsequently collected information because it will come directly from you.

Collection of User Generated Content

You may post content on the service/social media platforms, including but not limited to the MISA Facebook page, that include your comments and any other information which may become public (‘user generated content’). If you post user generated content, all of the information that you post will be available to authorized personnel of MISA.

You expressly acknowledge and agree that MISA may access in real-time, record and store archives of any user generated content on our servers to make use of them in connection with the service.

What are the Sources of Personal Information collected by MISA?

Direct Personal Information

When providing Personal Information to MISA by the completion of a MISA Membership Application; MISA Benefit Application; MISA Enquiry Form for Legal/Labour assistance; Employment Application. This Personal Information is collected directly from you, and you will know the precise Personal Information being collected by MISA.

Third Party Personal Information

• MISA is a party to the Motor Industry Bargaining Council (MIBCO) and have access to the registered information provided by MIBCO; Employers; MISA members.
• MISA serve on the board of the Motor Industry Retirement Fund (MIRF) as well as the Motor Industry Provident Fund (MIPF) and have access to direct Personal Information provided to MIRF by completion of a Motor Industry Provident Fund (MIPF) Death Benefit Application; MIPF Ill Health Benefit Application with Medical History and Reports.
• MISA entered into Lease Agreements and other third party Service Level Agreements. This Personal Information is collected directly from the data subject who will know the precise Personal Information being shared with and collected by MISA.

Why does MISA collect Data Subjects’ Personal Information?

Subject to the terms of this privacy notice, MISA uses the above described categories of Personal Information for the following purposes:

• To administer the service to you;
• To respond to your requests/enquiries;
• To communicate relevant and/or important information through, including but not limited to, the bulk Short Message Service (SMS);
• To distribute communications relevant to your use of the service, such as system updates or information about your use of the service;
• As may be necessary to support the operation of the service, such as for billing, account maintenance, and record-keeping purposes;
• To send to you MISA solicitations, product announcements, weekly and/or monthly newsletters or articles and the like that we feel may be of interest to you. Please note that you may ‘opt out’ of receiving these marketing materials.

MISA does not sell, re-sell, or distribute for re-sale your Personal Information.

How do we share your Personal Information with third parties?

If you agree to this in writing, we may provide any of the described categories of Personal Information to MISA employees, consultants, affiliates i.e. MIBCO or other businesses or persons for the purpose of processing such information on our behalf in order to provide the service to you.

In addition, we may release Personal Information:

• To the extent we have a good-faith belief that such action is necessary to comply with any applicable law;
• To enforce any provision of the terms of service, protect ourselves against any liability, defend ourselves against any claims, protect the rights, property and personal safety of any user, or protect the public welfare;
• When disclosure is required to maintain the security and integrity of the service, or to protect any user’s security or the security of other persons, consistent with applicable laws;
• To respond to a court order, subpoena, search warrant, or other legal process, to the extent permitted and as restricted by law.

Direct Marketing Communications to MISA Members

We may communicate with you using email, SMS, WhatsApp and other channels (sometimes through automated means) as part of our effort to market our benefits or services; administer or improve our benefits or services; educate and empower you through articles and newsletters. You have an opportunity to withdraw consent to receive such direct marketing communications, as permitted by law.

If you no longer wish to receive correspondence, emails, or other communications from us, you may opt-out by submitting a request via e-mail to [email protected].

Retention of Data

MISA will retain your Personal Information only for as long as is necessary for the purposes set out in this notice. We will retain and use Personal Information to the extent necessary to comply with our legal obligations, resolve disputes and enforce our legal agreements and policies.

South African Privacy Rights

If you are a South African resident, South Africa law may provide you with certain rights with regard to your Personal Information under POPIA as well the Consumer Protection Act. As a South African resident, the POPIA and Promotion of Access to Information Act 2000 (PAIA) provide you the ability to make inquiries regarding your Personal Information. Specifically, you have the right to:

• Know whether your Personal Information is collected by MISA;
• Request the specific Personal Information collected about you;
• Correct or delete/destroy certain Personal Information collected about you;
• Delete/destroy all the Personal Information collected about you, subject to certain exceptions (i.e. in terms of legislation);
• Opt-in or opt-out of direct marketing;
• Object to/restrict processing of your Personal Information;
• Appeal any rejection of access to your Personal Information.

You may submit a request regarding your rights under POPIA or PAIA by sending us an e-mail at [email protected].

MISA does not knowingly collect or process Special Personal Information such as your religious or philosophical beliefs, race or ethnic origins, political persuasion, health or sex life, or your criminal behaviour or biometric information (POPIA section 26). MISA does, in terms of POPIA section 30, knowingly process Special Personal Information relating to your MISA Union Membership.

Information Storage and Security

We employ industry-standard and/or generally accepted security measures designed to secure the integrity and confidentiality of all information submitted through the service. However, the security of information transmitted through the internet or via a mobile device can never be guaranteed. We are not responsible for any interception or interruption of any communications through the internet or for changes to or losses of data.

Users of the service are responsible for maintaining the security of any password, user ID or other form of authentication involved in obtaining access to password protected or secure areas of the service.

External Links

The service may contain links to other websites maintained by third parties. Please be aware that we exercise no control over linked sites and MISA is not responsible for the privacy practices or the content of such sites. You hereby acknowledge and agree that MISA is not responsible for the privacy practices, data collection policies and procedures, or the content of such third-party sites.

Children’s Privacy

The service is not intended for children under the age of 18, and MISA does not knowingly collect the Personal Information of children under the age of 18.

Changes to this Privacy Notice

MISA reserves the right to modify this privacy notice from time to time in order that it accurately reflects the regulatory environment and our data collection principles. When material changes are made to this privacy notice, MISA will post the revised notice on our website. This privacy notice was last modified as of 1 July 2021.

Contact Us

If you have any questions or comments about this privacy notice or the service provided by MISA, please contact the Information Officer, Mrs. Martlé Keyter, or the Deputy Information Officer, Ms. Tiekie Mocke, at [email protected].

If you have a complaint regarding the processing of your Personal Information, you may submit it to the Information Regulator at: https://www.justice.gov.za/inforeg/contact.html