Johannesburg Art Gallery

FUBA 76/2425/05

PRIVACY POLICY

THIS PRIVACY POLICY (“POLICY”) GOVERNS THE PROCESSING OF PERSONAL INFORMATION BY JOHANNESBURG ART GALLERY IN CONNECTION WITH JOHANNESBURG ART GALLERY’S ARCHIVE WEBSITE (“WEBSITE”) LOCATED AT http://jag.africamediaonline.com/. YOUR USE OF THE WEBSITE IS SUBJECT TO THIS POLICY. BY USING THIS WEBSITE, YOU SIGNIFY YOUR CONSENT TO PROCESSING OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY.

JOHANNESBURG ART GALLERY MAY AMEND THIS POLICY AT ANY TIME. AMENDED TERMS SHALL BE EFFECTIVE IMMEDIATELY UPON THE POSTING OF THE REVISED POLICY AND ANY SUBSEQUENT ACTIVITY IN RELATION TO THE WEBSITE SHALL BE GOVERNED BY SUCH AMENDED TERMS. IF YOU DO NOT AGREE WITH ANY TERM IN THIS POLICY, PLEASE DO NOT USE THIS WEBSITE.

This Agreement was last revised on 31-03-2020.
Enquiries: Steve Gordon

1. PERSONAL INFORMATION COLLECTION AND USE
   1. Subject to consent, Johannesburg Art Gallery collects, stores and uses information from Archive Content Subjects (persons whose personal information is determined from the digitisation or digital processing of records belonging to Johannesburg Art Gallery) for the following purposes:
      1. to compile and maintain an archive for Johannesburg Art Gallery,
      2. to be published in marketing and communications materials, including but not limited to, school magazines, brochures, newsletters and published photographs on the Website or otherwise,
      3. to provide the Archive Content Subjects with direct marketing communications regarding Johannesburg Art Gallery’s activities and news.
   2. We collect Personal Information from the following persons:
      1. natural persons over 18,
      2. natural persons under 18 with the consent of a competent person,
      3. juristic persons such as companies duly represented by a representative,
      4. people who send enquiries or requests to our contact email address.
   3. Categories of persons listed in clause 1.4 may include Website Users and Archive Content Subjects and in certain instances persons may categorised as both.
   4. Johannesburg Art Gallery may also automatically collect and store non-personally identifiable information from Your use of the Website.
   5. Johannesburg Art Gallery may collect the following personal information from Website Users:
      1. name,
      2. surname,
      3. username and password,
      4. job description,
      5. organisation name,
      6. organisation type,
      7. organisation URL,
      8. email address,
      9. telephone number,
      10. mobile telephone number,
      11. facsimile number,
      12. address,
      13. city and province,
      14. postal code,
      15. country,
      16. type of organisation,
      17. the market the organisation serves,
      18. non-personal browsing habits and click patterns,
      19. IP address,
      20. purchasing information and buying patterns,
      21. any additional information necessary to deliver our services,
      22. details of responses to Your enquiries and any online communications between us and You, and
      23. any information provided to us by You.
   6. Johannesburg Art Gallery may collect the following personal information from Archive Content Subjects: 1.8.1 name,
      1. name,
      2. surname,
      3. date of birth,
      4. age,
      5. gender,
      6. race,
      7. language,
      8. culture,
      9. physical health,
      10. ethnic origin,
      11. education information,
      12. religion,
      13. disability,
      14. marital status,
      15. pregnancy,
      16. mental health,
      17. biometric information,
      18. location information,
      19. employment history,
      20. personal opinions, views or preferences,
      21. The views or opinions of another individual about the person;
      22. videos recordings,
      23. audio recordings,
      24. manuscripts,
      25. photographs, and
      26. any additional information that can form part of the archive of Johannesburg Art Gallery.
   7. We may use cookies or other tracking technologies to collect information such as the pages You visit or the information You request. The Website hosting agents and/or service providers may automatically log Your “IP address” which is a unique identifier for Your computer and/or other access device. Such information collected is for aggregate purposes only.
2. CONSENT TO PROCESS YOUR PERSONAL INFORMATION
   1. If You are a Website User, You consent to the processing of Your Personal Information specifically including (i) to greet the User when he/she accesses the Website, (ii) to inform the Website User of facts relating to his/her access and use of the Website as well as to assist with problems, (iii) to provide the Website User with access to the Website and the associated Website services, (iv) to provide the Website User with direct marketing communications regarding Johannesburg Art Gallery’s activities and news, and/or (v) to compile non-personal statistical information about browsing habits, click-patterns and access to the Website.
   2. If You are an Archive Content Subject, You consent to the processing of Your Personal Information specifically including (i) to compile and maintain an archive for Johannesburg Art Gallery, (ii) to be published in marketing and communications materials, including but not limited to, school magazines, brochures, newsletters and published photographs on the Website or otherwise, and/or (iii) to provide the You with direct marketing communications regarding Johannesburg Art Gallery’s activities and news.
   3. The processing of Your Personal Information shall include the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation, use; dissemination by means of transmission, distribution or making available in any other form; or merging, linking, as well as blocking, degradation, erasure or destruction of information.
   4. By using our Website, You represent that You are of the age of 18 or older or that you have necessary authorisation from a competent person and that you consent to Your Personal Information to be processed by Johannesburg Art Gallery.
   5. You expressly consent to Johannesburg Art Gallery retaining Your Personal Information once Your relationship with Johannesburg Art Gallery has been terminated for: aggregate, statistical, reporting and historical purposes.
   6. In the event that You wish to revoke all consent pertaining to Your Personal Information and/or You would like Johannesburg Art Gallery to remove and/or delete Your Personal Information entirely, You may contact Johannesburg Art Gallery via email to steve@music.org.za
3. HANDLING OF PERSONAL INFORMATION
   1. Johannesburg Art Gallery endeavours to comply with all laws and regulations applicable to Johannesburg Art Gallery pertaining to information and communications privacy including, but not limited to, the 1996 South African Constitution and the Protection of Personal Information Act 4 of 2013 (“the Act”). Johannesburg Art Gallery applies the principles of protection of Personal Information under such Act and further legislation referred to in the Act.
   2. Johannesburg Art Gallery seeks to ensure the quality, accuracy and confidentiality of Personal Information in its possession. You warrant that all personal information supplied by You is both true and correct at the time of provision. In the event of any aspect of Your personal information changing post submission, it is Your responsibility to immediately notify Johannesburg Art Gallery of the said changes by email to Steve Gordon. You agree to indemnify and hold Johannesburg Art Gallery, its officers, directors, employees, agents, and suppliers harmless from and against any claims, damages, actions and liabilities including without limitation, indirect, incidental, special, consequential or punitive damages arising out of Johannesburg Art Gallery’s reliance on Your personal information should Your personal information contain any errors or inaccuracies.
   3. You warrant that You have the authority, permissions and consents to provide Johannesburg Art Gallery with any third party information submitted to Johannesburg Art Gallery.
   4. Johannesburg Art Gallery will take all reasonable measures in order to ensure Your Personal Information is appropriately safeguarded, these precautions include, but are not limited to: access control mechanisms via username and password, and software protection for information for security.
   5. Should an unauthorised person/s gain access to Your Personal Information Johannesburg Art Gallery will contact You within a reasonable time to inform You of such access.
   6. Johannesburg Art Gallery may share Your PersonaI Information with authorised third parties such as service providers to Johannesburg Art Gallery. These include, but are not limited to digital archiving service providers. Johannesburg Art Gallery does not permit these parties to use such information for any other purpose than to perform the services that Johannesburg Art Gallery has instructed them to provide. All processing is compatible with such purpose.
   7. Johannesburg Art Gallery may appoint certain agents, third parties and/or service providers which operate outside the borders of the Republic of South Africa. In these circumstances Johannesburg Art Gallery will be required to transmit Your Personal Information outside South Africa. The purpose of the trans-border transfer of Your Personal Information may include, but is not limited to: data hosting and storage. You expressly consent to the trans-border flow of Your Personal Information.
   8. The Website may contain links to other websites. Johannesburg Art Gallery is not responsible for the privacy practices of such third party websites.
4. RECORDS OF PERSONAL INFORMATION
   1. Records relating to the provision of Johannesburg Art Gallery products and/or services by Johannesburg Art Gallery to You and the Personal Information submitted by You is retained for publication on the Website and/or to provide you with the Website services.
   2. Such records may be required to be retained in terms of legislated records retention requirements, Johannesburg Art Gallery’ operational purposes and/or for production as evidence by Johannesburg Art Gallery in legal proceedings.
   3. In terms of Section 14(2) of the Act records of personal information may be retained for periods in excess of those contemplated in 4.1 for historical purposes. Johannesburg Art Gallery warrants that appropriate safeguards are in place to prevent the records being used for any other purpose.
   4. Johannesburg Art Gallery may disclose Your Personal Information under the following circumstances: 4.4.1 To comply with the law or with legal process;
      1. To protect and defend Johannesburg Art Gallery’s rights, equipment, facilities and other property;
      2. To protect Johannesburg Art Gallery against misuse or unauthorised use of the Website and/or products and/or services; and/or
      3. To protect other Website Users or third parties affected negatively by Your actions in use of the products/services and/or the Website.
5. ACCEPTABLE USE
   In connection with the Digital Archive Material (as made available through the Website) You agree that:
   1. No Item containing the image of or reference to a person is to be used for a purpose other than for which rights are granted by Johannesburg Art Gallery, without prior express written permission of Johannesburg Art Gallery.
   2. Only a single digital copy of an Item may be stored on a single computer, hard drive, or any other storage device, and that that copy may not be duplicated in any way whatsoever, except for a single backup copy which may only be used in the event of the original being deleted, lost, or irreparably damaged.
   3. Once the Item has been used for the purpose for which use rights were granted, all copies of the Item must be deleted, apart from where it forms part of the archive of what was published.
6. OBJECTIONS, COMPLAINTS AND QUERIES
   1. Should You have any questions about this Privacy Policy, require a correction to be made to Your Personal Information that Johannesburg Art Gallery keeps on record, request a copy of the record itself, lodge an objection to the collection, Use or processing of Your Personal Information by Johannesburg Art Gallery, or delete Your personally identifiable information, you may send an e-mail to steve@music.org.za
   2. There may be instances where we cannot grant You access to the Personal Information we hold. We may need to refuse access if granting access would interfere with the privacy of others or if it would result in a breach of confidentiality. Should this be the case, we will give You written reasons for any refusal.