1. Introduction  

1.1. For purposes of this Policy: 

1.1.1. “Applicable Laws” means all laws, regulations that The Forge is required to  comply with; 

1.1.2. “The Forge” or “we” or “us” means The Cultural Forge NPC and its direct and  indirect subsidiaries. To obtain more information in respect of these subsidiaries please look at our websites: https://theforge.org.za/about/ and  https://thecommune.org.za/about

1.1.3. “Client“, “Supplier” or “you” means any prospective, new or existing client,  vendor or Supplier of The Forge; and 

1.2. This Policy sets out how your personal information will be used by The Forge and applies to  any information, including personal and special personal information, you give to The Forge or which The Forge may collect from third parties. 

1.3. It is important that you read this Policy carefully before submitting any personal information to  The Forge. 

1.4. By submitting any personal information to The Forge, you provide consent to the processing  of your personal information as set out in this Policy. 

1.5. The provisions of this Policy are subject to mandatory, unalterable provisions of Applicable  Laws. 

1.6. Please do not submit any personal information to The Forge if you do not agree to any of the  provisions of this Policy. If you do not consent to the provisions of this Policy, or parts of the  Policy, The Forge 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 Policy please contact the Information Officer, Yvonne Phyllis. Email: yvonne@theforge.org.za 

3. Amendment of this Policy 

3.1. We may amend this Policy from time to time for any of the following reasons: 

3.1.1. to provide for the introduction of new systems, methods of operation, services,  products, property offerings or facilities;

3.1.2. to comply with changes to any legal or regulatory requirement; 

3.1.3. to ensure that our Policy is clearer and more favourable to you; 

3.1.4. to rectify any mistake that may be discovered from time to time; and/or 

3.1.5. For any other reason which The Forge, in its sole discretion, may deem  reasonable or necessary. 

3.2. Any such amendment will come into effect and become part of any agreement you have with  The Forge when notice is given to you of the change by publication on our website. It is your  responsibility to check the website often. 

4. Privacy and indemnity 

4.1. The Forge takes your privacy and the protection of your personal information very seriously,  and we will only use your personal information in accordance with this Policy 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).  

4.2. We have implemented reasonable technical and operational measures to keep your personal  information secure. 

4.3. You hereby indemnify and hold The Forge 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 The Forge. 

5. Information of children 

5.1. We do not intend to collect and/or process any personal information of minors unless we make  this clear. If you do provide any personal information to us of children, then you warrant that  this is done with the consent of the child’s parent or guardian to use this information as set out  in this Policy. 

6. Suppliers and vendors 

6.1. In the course of our business agreement, we may collect personal information about you as a  data subject to ensure that the business agreement and matters relating to the agreement can  be fulfilled. 

6.2. We may also do a due diligence on you to ensure that you meet the requirements set out in  our procurement policy.

6.3. If you provide any personal information of other persons to us, such as employees or your  directors, you warrant that you are authorised to share their personal information with us for  purposes set out in the Policy. 

7. Information which we may collect about you 

7.1. We may collect the following information about you:  

7.1.1. 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; 

7.1.2. records of correspondence or enquiries from you or anyone acting on your behalf; 7.1.3. details of transactions you carry out with us; 

7.1.4. details of contracts, sales or leases you carry out with us; 

7.1.5. sensitive or special categories of personal information, including biometric  information, such as images, fingerprints and voiceprints.  

7.2. 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 Policy. 

8. How we collect information  

8.1. You may provide personal information to us either directly or indirectly (through an agent  acting on your behalf, or an introducer), by responding to our invitations, by completing an  application form for our products or services or requesting further information about our  products or services, whether in writing, through our website, over the telephone or any other  means.  

8.2. We may also collect your personal information from your appointed agent, any regulator, or  other third party that may hold such information. 

9. Use of information collected  

9.1. We may use, transfer and disclose your personal information for the purposes of: 

9.1.1. providing you with the services, products or offerings you have requested, and  notifying you about important changes to these services, products or offerings; 

9.1.2. managing your account or relationship and complying with your instructions or  requests;

9.1.3. detecting and preventing fraud and money laundering and/or in the interest of  security and crime prevention; 

9.1.4. assessing and dealing with complaints and requests; 

9.1.5. operational, marketing, auditing, legal and record keeping requirements; 9.1.6. verifying your identity or the identify of your beneficial owner; 

9.1.7. 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; 

9.1.8. complying with Applicable Laws, including lawful requests for information  received from local or foreign law enforcement, government and tax collection  agencies; 

9.1.9. recording and/or monitoring your telephone calls and electronic communications  to/with The Forge in order to accurately carry out your instructions and requests,  to use as evidence and in the interests of crime prevention; 

9.1.10. conducting market research and providing you with information about The Forge’  products or services from time to time via email, telephone or other means (for  example, events);  

9.1.11. where you have unsubscribed from certain direct marketing communications,  ensuring that we do not sent such direct marketing to you again;  

9.1.12. disclosing your personal information to third parties for reasons set out in this  Policy or where it is not unlawful to do so;  

9.1.13. monitoring, keeping record of and having access to all forms of correspondence  or communications received by or sent from The Forge or any of its employees,  agents or contractors, including monitoring, recording and using as evidence all  telephone communications between you and The Forge.  

9.1.14. improving or evaluating the effectiveness of The Forge’s products, services or  offerings; and 

9.1.15. prevention and control of any disease. 

9.2. We may from time to time (and at any time) contact you about services, products and offerings  available from The Forge 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 electronic communication on our  newsletters by clicking the unsubscribe link provided on the newsletter. You can also indicate  upon receiving a phone call from The Forge that you no longer wish to be contacted by  telephonic communication. 

10. Disclosure of your information  

10.1. Your personal information may be shared with The Forge’ subsidiaries, our agents and sub contractors, and selected third parties who process the information on our behalf. 

10.2. We may also disclose your personal information to third parties in the following circumstances: 

10.2.1. to any other of The Forge’s subsidiaries, business partners or other third parties  to – 

10.2.1.1. assess and monitor any of your applications for The Forge’s products or services;  

10.2.1.2. determine which products and services may be of interest to you and/or to send you information about such products and services, unless you object or choose not to receive such communications; 

10.2.1.3. have a better understanding of the your circumstances and needs to provide and improve The Forge’s products and services; 

10.2.1.4. to any relevant person and/or entity for purposes of prevention, detection and reporting of fraud and criminal activities, the identification of the proceeds of unlawful activities and the combatting of crime;  

10.2.2. to any regulator or supervisory authority, including those in foreign jurisdictions, if The Forge is required to do so in terms of Applicable Laws; 

10.2.2.1. to a prospective user of any of our services or assets;  

10.2.2.2. to any person if we are under a duty to disclose or share your personal information in order to comply with any Applicable Laws, or to protect the rights, property or safety of The Forge, other clients or other third parties; and/or 

10.2.2.3. to your agent or any other person acting on your behalf, an or an  introducer. 

10.3. We may transfer your information to another of The Forge’s 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.  

10.4. 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. 

11. Retention of your information  

We may retain your personal information indefinitely, unless you object, in which case we will only  retain it if we are permitted or required to do so in terms of Applicable Laws. However, as a general  rule, we will retain your information in accordance with retention periods set out in Applicable Laws,  unless we need to retain it for longer for a lawful purpose. (For example, for the purposes of complaints  handling, legal processes and proceedings.) 

12. Access to, correction and deletion of your personal information 

12.1. You may request the correction of personal information which The Forge 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, The Forge may  limit the products and services offered to you or elect not to open the account. 

12.2. 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. If you wish to exercise this right, please contact us using the contact details set out above. 

12.3. You have a right to object on reasonable grounds to the processing of your 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. 

13. Complaints 

13.1. Should you believe that The Forge has utilised your personal information contrary to  Applicable Laws, you undertake to first attempt to resolve any concerns with The Forge.  

13.2. 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: 

13.2.1. Tel: 012 406 4818 

13.2.2. Fax: 086 500 3351 

13.2.3. Email: inforeg@justice.gov.za. 

1. Links to other Websites 

Our website or social media platforms may contain links to and from websites, mobile applications or  services of third parties or affiliates. Please note that we are not responsible for the privacy  practices of such other parties and advise you to read the privacy statements of each website you  visit which collects personal information. 

2. Changes to this Privacy Policy  

We may update this privacy policy from time to time. Any changes that we may make to our privacy  policy will be posted on our website and will be effective from the date of posting. 

3. Access to your Personal Information 

3.1. You may at any time request: 

3.1.1. confirmation that we hold your personal information; 

3.1.2. access to your personal information;  

3.1.3. the identities or categories of third parties to whom we have disclosed your  personal information; or 

3.1.4. that we correct or delete any personal information that is incomplete, misleading,  inaccurate, excessive or out of date.  3.2. Requests may be made in writing to yvonne@theforge.org.za