Fosa | Privacy

1. INTERPRETATIONS

The terms "we", "us", and Firearm Owners South Africa (Pty) Ltd (also referred to as “FOSA”) refer to the internet domain registered as www.fosa.co.za. Capitalized terms used, although not defined herein, shall have the meanings assigned to them in the FOSA Website Terms and Conditions – see [https://fosa.co.za/Terms.aspx] for more information.

2. OBJECTIVE

To ensure that we may continue to act an accredited association with the South African Police Service (Central Firearms Registry (SAPS [CFR]), we must comply with the provisions of Regulation 2(7), 2(8), and 4(2)(a) of the Regulations (2004) of the Firearms Control Act, 2000 (Act 60 of 2000 as amended) (herein after referred to as “the FCA”), which states that accredited associations must maintain a register of its members, which register must contain the full names, ID numbers and residential addresses of the members.

In order to comply with the requirements of the FCA, and to enable us to render our services to our members in an effective manner, we must capture and store minimum required personal information of our members, which we do on our secure, electronic database.

The purpose of this Privacy Policy is to transparently explain how we responsibly collect, use and disclose your personal information, in order to ensure accountability. All personal information is stored and maintained on our Electronic Membership Database, which allows members access to the full use of our website (herein after referred to as the "Services").

We hereby undertake to comply with the provisions of Section 14(d) of the Constitution of the Republic of South Africa, 1996 (Act 108 of 1996 as amended), as well as the provisions of including, but not limited to, Chapter 3 thereof. Furthermore, we undertake to comply with the provisions of Section 51, of the Protection of Personal Information Act, 2013 (Act 4 of 2013) (herein after referred to as “POPIA”), regarding the collection and use of your personal information.

Due to the above, we shall request your explicit consent to the collection, use and disclosure (where necessary) of your personal information, upon your application for enrolment as a member of FOSA, which consent shall be a condition of acceptance of membership

3. LAWFUL BASIS FOR PROCESSING

3.1 We Process your Personal Information on the following lawful grounds as provided for in Section 11 of POPIA:

You have given your express consent to such Processing as set out in this Privacy Policy;
Processing is necessary for the performance of your membership agreement with FOSA;
Processing is necessary to comply with a legal obligation imposed on FOSA, including obligations under the Firearms Control Act, No. 60 of 2000, the Tax Administration Act, No. 28 of 2011 and the Companies Act, No. 71 of 2008; and
Processing is necessary for pursuing the legitimate interests of FOSA or a third party to whom the Personal Information is supplied, where such interests are not overridden by your interests as a member.

3.2 We Process your Personal Information for the following specific and lawful purposes: Membership administration, FCA compliance, Service delivery, Communication, Financial administration, Marketing and information, Legal compliance, Fraud prevention, Record retention

3.3 EXPRESS CONSENT TO PROCESSING OF PERSONAL INFORMATION

3.3.1 By registering as a member of FOSA and accepting this Privacy Policy, you hereby:

Expressly and voluntarily consent to FOSA collecting, Processing, storing, using and disclosing your Personal Information for the purposes set out in this Privacy Policy;
Acknowledge that you have read, understood and accepted the full terms of this Privacy Policy;
Confirm that all Personal Information provided to FOSA is accurate, complete and up to date;
Undertake to notify FOSA of any changes to your Personal Information without undue delay;
Consent to FOSA Processing your Personal Information by means of third party Operators as set out in Clause 7 below; and
Consent to receiving Electronic Communications and notices from FOSA as set out in Clause 3 below.

3.4 Withdrawal of Consent

3.4.1 You may withdraw your consent to Processing at any time by written notice to the Information Officer at info@fosa.co.za;

3.4.2 Withdrawal of consent will not affect the lawfulness of any Processing that occurred prior to such withdrawal;

3.4.3 Withdrawal of consent in respect of Processing based on a legal obligation is not permissible and will not be recognised; and

3.4.4 Withdrawal of consent may result in FOSA being unable to continue providing membership services to you

4. Storage of Personal Information

4.1 In compliance of Section 19 of POPIA, our electronic membership database is securely and safely maintained by utilizing the finest security software, which is continuously updated according to industry standards.

4.2 These same industry standards are utilized by us to protect the personal information furnished by our members, during the transmission thereof, and once it is in our possession, specifically personal information described as a “Unique Identifier” in POPIA [HR1].

4.3 Even though we take all reasonable steps to ensure that all communication is secure and your personal information protected, we do not make any warranties and/or representations that our website content is absolutely safe and secure. We therefore cannot guarantee that there will be no unintentional disclosures of our members` personal information. In this regard we, however, undertake to comply with the requirements of POPIA at all times will use all reasonable efforts to notify any member/s of the nature and extent of any disclosure (to the extent we know that information) as soon as reasonably possible and as permitted by law.

4.4 Often, members communicate personal information unintentionally via email correspondence sent to us, and which information shall at all times receive the same security and protection by us as with all other personal information collected and stored by us.

4.5 In the event of a security compromise or data breach affecting your Personal Information, we will:

Notify the Information Regulator as soon as reasonably possible after becoming aware of the breach, in accordance with Section 22 of POPIA;
Notify affected members as soon as reasonably possible where the breach is likely to affect members adversely; and
Take immediate steps to contain and remediate the breach.

4.6 Even though we take care to comply with the provisions of POPIA regarding the protection of your personal information, we cannot protect our members` personal information in the event that the members are not vigilant when protecting their personal information from misuse as a result of members` use of other websites and services, where their personal information may or could also become accessible. In this instance we cannot be held responsible for disclosure of your personal information.

5. The Personal Information We Collect:

5.1 In order to join FOSA and remain a member, you hereby furnish your consent that we may collect and store certain personal information on our electronic database, in order to render our services to you in terms of Sections 10 and 13 of POPIA, which personal information is the only personal information we may collect. You explicitly consent that we may collect and store the following personal information:

5.1.1 In order to ascertain the identity of the person to whom membership is granted, we must obtain your initials, first name and surname. Furthermore, these details will be reflected in all official documents relevant to applications made to the SAPS (CFR) for firearm licences. This is nevertheless also a requirement in terms of Regulation 4(2)(a) of the FCA Regulations [2004].

5.1.2 We require your identity number, which shall serve as your membership number. We shall also utilize your identity number to access your membership details on our electronic database. Furthermore, these details will be reflected in all official documents relevant to applications made to the SAPS (CFR) for firearm licences. This is nevertheless also a requirement in terms of Regulation 4(2)(a) of the FCA Regulations [2004].

5.1.3 We require your gender to enable us to retain statistics on memberships. Furthermore, these details will be reflected in all official documents relevant to applications made to the SAPS (CFR) for firearm licences.

5.1.4 We require your preferred language for communication.

5.1.5 For purposes of determining membership categories, as well as financial and administrative purposes, we require your date of birth. Your date of birth is the first six digits of your identity number which identity number will be reflected in all official documents relevant to applications made to the SAPS (CFR) for firearm licences.

5.1.6 For purposes of communicating directly with its members, which is our preferred communication platform, we require your email address. Being in possession of an email address is therefore a prerequisite for membership.

5.1.7 For purposes of delivering documents to you, specifically original documents, we require your postal and courier address.

5.1.8 We require your telephone numbers, particularly your cell phone numbers in the event that we have to contact you urgently and for purposes of SMS communication [HR2].

5.1.9 The Electronic Communications and Transaction Act, No. 25 of 2002 entitles us to use personal information we obtain to compile profiles for statistical purposes and subsequently, trade in these profiles. This may include electronically plotting your location to geographically interact with us, to enable us to draw heat map, which represent the density of data within different areas of a map. However, no information utilized in such profiles or statistics, will be linked to a specific member. Plotting your electronic location will only be allowed if you enable your computer or mobile deice to send this information to us.

5.2 By only collecting and storing the minimum personal information, we comply with Section 10 of POPIA. Please note that this information shall remain stored on our database in the event of enquiries from the SAPS.

6. ELECTRONIC COMMUNICATIONS AND NOTICES

6.1 Express Consent to Electronic Communications
By registering as a member of FOSA and accepting this Privacy Policy, you hereby expressly and irrevocably consent to receiving the following categories of communications from FOSA by Electronic Communication:

Administrative and legal notices — including membership notices, notices of amendment to FOSA's rules, constitution or policies, legal correspondence and any other formal notices required to be given to members in terms of FOSA's rules, constitution or applicable law;
Membership communications — including membership confirmations, renewal reminders, membership certificates and membership status notifications;
Transactional communications — including payment confirmations, receipts, invoices and financial statements;
Operational communications — including event notifications, training reminders, competition information and other member activity communications;
FCA-related communications — including notifications relating to firearms legislation, licence renewal reminders, competency certificate updates and regulatory changes affecting members; and
Marketing and informational communications — including FOSA newsletters, product and service information, promotions and member benefit communications, subject to your opt-out rights set out in Clause 3.4 below.

6.2 Non-Negotiable Administrative and Legal Communications
You specifically acknowledge and agree that:

Members cannot opt out of receiving administrative and legal notices and documents from FOSA electronically, as such communications are an essential and integral part of the services rendered by FOSA to its members;
This includes but is not limited to:
- Notices of amendment to FOSA's constitution, rules or policies;
- Legal notices of any nature;
- Membership status notifications; and
- Any notice required by law or by FOSA's governing documents to be given to members;
Your consent to receive such communications constitutes consent as contemplated in the Electronic Communications and Transactions Act, No. 25 of 2002 ("ECTA") and POPIA; and
Your inability or failure to receive Electronic Communications due to incorrect contact details, spam filters, network failures or other factors within your control shall not affect the validity or enforceability of any notice so sent.

6.3 Deemed Receipt of Electronic Communications
Electronic Communications sent by FOSA to your nominated electronic address shall be deemed received as follows:

Email: On the date of transmission, unless FOSA receives an automated delivery failure notification;
SMS: On the date of transmission to your nominated mobile number ;
WhatsApp or messaging platform: On the date of transmission as confirmed by platform delivery indicators;
In-app or portal notification: On the date the notification is posted to your account portal;
Website publication: On the date of publication where notice is given by way of website update.

6.4 Opt-Out from Marketing Communications

You may at any time opt out of receiving marketing and informational communications by:
- Clicking the unsubscribe link in any marketing email received from FOSA;
- Replying "STOP" to any marketing SMS; or
- Sending a written request to the Information Officer at info@fosa.co.za;
Opting out of marketing communications will not affect the validity of administrative, legal, membership and FCA-related communications;
FOSA will process opt-out requests within 5 (five) business days of receipt; and
Members may manage their communication preferences through their personal profile on the FOSA platform.

6.5 Member's Responsibility Regarding Contact Details

It is your sole and ongoing responsibility to ensure that your nominated email address and mobile number are accurate and up to date at all times;
FOSA will not be held liable for any failure to receive Electronic Communications resulting from incorrect, outdated or inaccessible contact details; and
Members must update their contact details immediately upon any change through their member profile or by notifying FOSA in writing.

7. Personal Information Submitted by a Member

7.1 In order for you to be able to make use of our services, we store your personal information. We use this information to carry out your requests, to personalize your experience and to respond to your individual needs, to improve customer service requests and support needs and most importantly, to comply with the aforementioned legal requirements.

7.2 You must provide a valid email address at registration in order to sign up for an account through the Services. Upon signing up for an account, you will start receiving emails from us. You can manage your email preferences and modify some of the information pertaining to your account on your personal profile.

7.3 It is extremely important to note that, unlike other services, members cannot opt out of receiving administrative and/or legal documents, including notices, from us electronically to the email address provided by you as it is a crucial part of the services we render. Should you be of the opinion that a profile has been created without your authorization, please contact us immediately, whereafter the relevant account will be deleted from our electronic database. [HR3]

7.4 Should a member reveal any personal information on a public platform, such as online discussions and forums, such is open to the public. No member shall have the authority to share any individually identifiable information via our website in any public forum. Should third parties view or collect personal information as published by you on a public platform and cannot be controlled by us.

7.5 Unless we receive your express request to change information or data on our database, no information or data will be changed. The details as captured on our database is as you have entered it. No requests through third parties shall be entertained.

7.6 You should at all times ensure that the details, specifically contact details, you supply is correct. This remains your responsibility. We will not be held liable in the event that you do not inform us of your updated contact details or effect the necessary changes to your profile.

8. Information Provided on Behalf of Minors

8.1 Sections 34 and 35 of POPIA prevents us from collecting the personal information of minors unless such information is submitted by the minor’s parent or legal guardian.

8.2 The membership of minors under the age of 13 years is not allowed by us, unless in specific circumstances where a parent or guardian of such a minor requests that the minor has membership. The parent or guardian of such a minor must lodge a written application for such a minor to join FOSA through his/her parent or guardian.

8.3 Users under the age of 18 have no permission to use the Services. It is the responsibility of parents or legal guardians of minors to enable access to email and internet services.

9. Electronic Activity & Use (Analytics Services)

9.1 Other than the personal information you submit on our Website, we may also collect information about your computer, which may include your IP address, operating systems and browser type for system administration, where available.

9.2 We use cookies to compile aggregated site visitation statistics – this does not mean that we track users of the Website, however, whenever a user does visit the Website, or has visited the site previously, a cookie is placed on the user`s computer and only if the user accepts these cookies.

10. Cookies

10.1 We use cookies to compile aggregated site visitation statistics – this does not mean that we track users of the Website, however, whenever a user does visit the Website, or has visited the site previously, a cookie is placed on the user`s computer and only if the user accepts these cookies.

10.2 A cookie is a small piece of data that a website asks your browser to store on your computer or mobile device. The cookie allows the website to "remember" your actions or preferences over time. Most Internet browsers support cookies; however, users can set their browsers to decline certain types of cookies or specific cookies. Further, users can delete cookies at any time.

10.3 We use cookies to learn how you interact with our content and to improve your experience when visiting our website(s). We also use cookies to help us with geolocation tracking in order to present you with the helpful locations. Additionally, cookies allow us to serve you specific content, such as videos on our website(s). We may employ the learnings of your behaviour on our website(s) to serve you with targeted advertisements on third-party website(s) in an effort to “re-market” our products and services to you.

10.4 We use both first-party and third-party cookies on our website. First-party cookies are cookies issued from the FOSA domain that are generally used to identify language and location preferences or render basic site functionality. Third-party cookies belong to and are managed by other parties, such as FOSA business partners or service providers.

10.5 Session cookies are temporary cookies that are used to remember you during the course of your visit to the website, and they expire when you close the web browser.

10.6 Persistent cookies are used to remember your preferences within the website and remain on your desktop or mobile device even after you close your browser or restart your computer. We use these cookies to analyse user behaviour to establish visit patterns so that we can improve our website functionality for you and others who visit our website(s). These cookies also allow us to serve you with targeted advertising and measure the effectiveness of our site functionality and advertising.

10.7 Cookies and ad technology such as web beacons, pixels, and anonymous ad network tags help us serve relevant ads to you more effectively. They also help us collect aggregated audit data, research, and performance reporting for advertisers. Pixels enable us to understand and improve the delivery of ads to you and know when certain ads have been shown to you. Since your web browser may request advertisements and web beacons directly from ad network servers, these networks can view, edit, or set their own cookies, just as if you had requested a web page from their site.

10.8 Although we do not use cookies to create a profile of your browsing behaviour on third-party sites, we do use aggregate data from third parties to show you relevant, interest-based advertising. We do not provide any personal information that we collect to advertisers. You can opt out of off-site and third-party-informed advertising by adjusting your cookie settings. Opting out will not remove advertising from the pages you visit, but, instead, opting out will result in the ads you see not being matched to your interests. This implies that the ad(s) you see will not be matched to your interests by those specific cookies.

10.9 You can choose to reject or block all or specific types of cookies set by virtue of your visit to the FOSA website by clicking on the cookie preferences on our website(s). You can change your preferences for the FOSA websites and/or the websites of any third-party suppliers by changing your browser settings. Please note that most browsers automatically accept cookies. Therefore, if you do not wish cookies to be used, you may need to actively delete or block the cookies. If you reject the use of cookies, you will still be able to visit our websites but some of the functions may not work correctly.

11. THIRD PARTY SERVICE PROVIDERS, OPERATORS AND SYSTEMS

11.1 Acknowledgement and Consent — Use of Third-Party Operators
You hereby expressly acknowledge and consent to the fact that FOSA makes use of third- party service providers and systems (Operators) in the ordinary course of its operations, which involves the Processing of your Personal Information on FOSA's behalf.

11.2        Categories of Third-Party Operators
FOSA currently makes use of the following categories of Operators, which may Process your Personal Information:

11.2.1        Membership management systems | Administration of member accounts, records and communications | Contract / Consent |

11.2.2        Payment gateways and processors | Processing of membership fees and financial transactions | Contract |

11.2.3        Banking institutions | Processing of financial transactions and payments | Legal obligation / Contract

11.2.4        Email and communication platforms | Delivery of Electronic Communications and notices to members | Consent / Contract |

11.2.5        SMS and messaging service providers | Delivery of SMS and messaging communications | Consent / Contract | Whatsapp

11.2.6        Cloud storage and IT service providers | Secure storage and backup

11.3        Third Party Services

11.3.1       In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.

11.3.2       However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.

11.3.3       For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.

11.3.4       In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

11.3.5       Once you leave our website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

11.4        Third Party Links

11.4.1       Our website may contain links to third party websites which redirect you to such third party`s websites.

11.4.2       Likewise, third party websites may contain links to our website, and which will redirect you to our website. It is important to note that these third-party websites, are subject to their own terms and conditions and privacy policies.

11.4.3       We are not responsible or liable on behalf of these third parties, nor their representations, warranties or content. We do not exercise control over these websites. Please refer to the privacy policies of these third parties for purposes of establishing how they protect your privacy.

12. Use and Disclosure of Members’ Personal Information`

12.1 The purpose of collecting your personal information is to provide efficient services to you, conveniently and sufficiently. The information enables us to assist you to find information quickly and easily. It enables us to create contents that is relevant and useful as well as to inform members of new information and services we offer.

12.2 We may use your contact details to furnish you with information about us as well as products and services we offer. Furthermore, to contact you if and when required, which may include reminders about upcoming events. We may use your demographic and/or traffic data to accommodate the user experience of our Services, in email correspondence and in other communications in which we may display content that we think you might be interested in and according to your preferences.

12.3 Please be advised that all of our staff have access to your personal information, due to the administrative nature of the procedures and services involved. Our staff are trained to comply with strict ethical standards and are bound by non-disclosure employment contracts with us.

13. Duration of Retention of Personal Information

13.1 From the date of membership, your personal information collected at registration, will be stored for as long as you are active member with membership fees being up to date. Your personal information will be stored to enable us to deliver our services to you, for which you pay your membership fees.

13.2 Your personal information, as per clause 2 above, shall be stored for a maximum of two (2) years after the last date on which members are required to update their membership due to non-payment of membership fees. Should the period of two (2) years lapse without your membership being updated, all personal information, save for your initials, surname and identity number, will be deleted from our database permanently. We shall, however, permanently retain your initials, surname and identity number should you wish to reregister as a member with us.

13.3 To protect us against ant fraudulent activity, and to ensure that we are protected against any liability, we shall store all references of all official documents that we have issued and linked to you.

14. Change in Control

14.1 In the event of the sale of assets by us to a third party, we will be obliged to disclose the personal information of our members to the third party, but will the third party be bound by the contents of this Privacy Policy.

15. Changing and Deleting Personal Information

15.1 You may amend certain personal information on your profile which you submitted upon your initial registration.

15.2 Upon deletion of your account, it is possible for the personal information therein contained may be present in our backup systems for a period of time, but will such information not be available to others.

15.3 Registered members who wish to delete their account with FOSA, for whatever reason, should send such a request for removal by sending an email to [info@fosa.co.za].

16. Relevant Technical Aspects of the FOSA Members Database

16.1 To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

17. Questions And Contact Information

17.1 If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, wish to voice concerns or comments or simply want more information, contact our Privacy Compliance Officer at 060 524 5723 or by email at info@fosa.co.za [Re: Privacy Compliance Officer].

18. Updates and Changes to Privacy Policy

18.1 It is important to note that we reserve the right to update, modify and amend the terms as contained in this privacy policy from time to time and as we deem fit. Any amendments may include expanding these terms and conditions, by adding new terms thereto. We are not required to notify you of any amendments to our privacy policy, nor are we required to justify any amendments. You hereby agree that you shall review this privacy policy for any changes thereto as and when you visit our website. Save as expressly provided to the contrary in this privacy policy, the amended version of this privacy policy shall always supersede and replace all previous versions thereof.