AFGRI COMPETITION TERMS AND CONDITIONS

  1. The outcome of the competition is subject to the decision of the judge, presenter or organiser of the competition, whose decision is final, and no negotiations and/or correspondence will be entered into after the fact.
  2. Participants must be customers of the AFGRI Group of Companies (“AFGRI”).
  3. Participants enter or take part in the competition at their own risk and AFGRI bears no responsibility for any loss, damage or harm suffered as a result of participation in the competition.
  4. The agreement or transaction entered into, or payment made by or under it, would not give rise to any legal relationship rights, duties or consequences whatsoever, or will be legally enforceable, or the subject of litigation, but all such arrangements, agreements and transactions would be binding in honour only.
  5. AFGRI reserves the right to redistribute all unclaimed prizes if not claimed after two months of being announced.
  6. Prizes may not be exchanged for cash or any other prize, nor are they transferable.
  7. No AFGRI employees or their immediate family or AFGRI’s strategic or advertising agents are allowed to participate.
  8. AFGRI reserves the right, in its sole discretion, to cancel and/or suspend the competition.
  9. Closing date must be adhered to, no extensions will be given.
  10. Pictures shown are for illustrative purposes only.
  11. Winners will be notified within one month of competition closing date (winners names will be announced on the website and winners will be contacted via email or via a telephone call).
  12. All entrants by entering the competition agree to be bound by these terms and conditions.
  13. AFGRI, its directors, members, partners, employees, agents, consultants, suppliers, contractors and sponsors assume no liability whatsoever for any direct or indirect loss or damage arising from an entrant’s participation in this competition or for any loss or damage, howsoever arising.
  14. The participants entering or taking part in the competition agree that they have read, understand and accepted (if not already previously done so) the attached consent to process personal information in terms of the Protection of Personal Information Act, 4 of 2013 by AFGRI and will abide by these terms and a participant’s entry into the competition acknowledges its formal acceptance of these terms.

CONSENT TO PROCESS PERSONAL INFORMATION IN TERMS OF THE PROTECTION OF PERSONAL INFORMATION ACT, 4 OF 2013 (POPI) BY AFGRI OPERATIONS LIMITED (REGISTRATION NUMBER 1995/005872/06), including its and its holding company’s divisions, wholly owned subsidiaries and trading partners (hereinafter referred to as the “Group of Companies”)

INTRODUCTION

The Protection of Personal Information Act, 4 of 2013, (POPI) regulates and controls the collection, use, transfer and processing of an individual or legal entity’s Personal Information

In terms of POPI, a “Responsible Party” (in this case being any member of the Group of Companies) has a legal duty to process a Data Subject’s Personal Information (in this case being your “Personal Information”) in a lawful, legitimate and responsible

The companies and their employees comprising the Group of Companies do from time to time process Personal Information.

In terms of POPI all persons, including any Group of Companies’ employee  who collects, manages, processes, transfers, stores and / or retains Personal Information, whether held under a document, record or in any other format has  a responsibility to process such information in accordance with the provisions housed under POPI.

In order to discharge this duty, the Group of Companies require your express and informed permission to process your Personal Information.

DEFINITIONS

“Personal information” means any information of a personal nature belonging to a Data Subject which may be or which is processed, collected, and used by a Responsible Party, and which will include any information related to or owned by either a private or public entity and/or natural individual such as a name, address and ID number, educational, medical, criminal or employment history, as well as information pertaining to financial transactions, views or opinions and information relating to the race, gender, sex, pregnancy, marital status, nationality, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person.

“Processing” means the collecting, receiving, storing, using (including sharing of Personal Information with credit bureaus), updating, modifying, disseminating and destruction of Personal Information.

“Responsible Party” means the person, legal entity, company or public body that is responsible for processing an entity or individual’s personal information.

“Data Subject” means the individual, legal entity, public body or company, whose personal information is being processed.

“Information Officer” means in the information officer or deputy information officer of the Group of Companies who has been appointed in terms of as section 1 or 17 of PAIA.

PURPOSE FOR THE COLLECTION

The purpose for the collection of your Personal Information and the reason why the Group of Companies require your Personal Information is to enable the Group of Companies to:

  1. comply with lawful obligations, including all applicable labour, tax and financial legislation (including compliance with any South African Reserve Bank and Johannesburg Stock Exchange requirements) such as the Financial Advisory And Intermediary Services Act, 37 of 2002 (FAIS), the Financial Intelligence Centre Act 38 of 2001 (FICA), the National Credit Act, 34 of 2005 (NCA) and B-BBEE laws;
  2. to give effect to a contractual relationship as between you and the Group of Companies and in order to ensure the correct administration of the relationship;
  3. for operational and marketing reasons; and
  4. to protect the legitimate interests of the Group of Companies, yourself or a third party.

All Personal Information which you provide to the Group of Companies will only be used for the purposes for which it is collected.

CONSEQUENCES OF WITHOLDING CONSENT OR PERSONAL INFORMATION

Should you refuse to provide the Group of Companies with the required consent and / or Personal Information, then the Group of Companies will be unable to assist with your requirements or provide you with the requested services.

STORAGE AND RETENTION AND DESTRUCTION OF INFORMATION

All Personal Information which you provide to the Group of Companies will be held and / or stored securely and held for the purpose for which it was collected, as reflected above. Your Personal Information will be stored electronically in a centralised data base, which, for operational reasons, will be accessible to all within the Group of Companies. Where appropriate, some information may be retained in hard copy. In either event, storage will be secure and audited regularly regarding the safety and the security of the information.

Where Personal Information and related data is transferred to a country which is situated outside the borders of the Republic of South Africa, said storage shall only be done in countries which have similar privacy laws to our own or where such facilities are bound contractually to no lesser regulations that those imposed by POPI.

Once your Personal Information is no longer required due to the fact that the purpose for which the information was held has expired, such Personal Information will be safely and securely archived for a period of 7 (seven) years, as per the requirements of the Companies Act, 71 of 2008 or longer should this be required by any other law applicable in the Republic of South Africa. Thereafter, all your Personal Information will be permanently destroyed.

RIGHT TO OBJECT

In terms of section 11(3) of POPI you have the right to object in the prescribed manner to the Group of Companies processing your Personal Information. On receipt of your objection the Group of Companies will place a hold on any further processing until the cause of the objection has been resolved.

Accuracy of Information and Onus

POPI requires that all your Personal Information and related details, as supplied are complete, accurate and up-to-date. Whilst the Group of Companies will always use its best endeavours to ensure that your Personal Information is reliable, it will be your responsibility to advise the Group of Companies of any changes to your Personal Information, as and when these may occur.

Access to the Information by the Data Subject

You have the right at any time to ask the Group of Companies to provide you with:

  1. the details of any of your Personal Information which the Group of Companies holds on your behalf; and
  2. the details as to what the Group of Companies has done with that Personal Information,

provided that such request is made using the standard section 51 PAIA process, which procedure can be accessed by downloading and completing the standard request for information form, housed under section 51 of our PAIA Manuals – obtained under our website at: www.AFGRI.co.za.

Complaints

You have the right to address any complaints to the Group of Companies Information Officer or to the Personal Information Regulator.

Direct Marketing, Advertising and Promotional activities

The Group of Companies:

  1. may use my Personal Information for the marketing and / or promotion of its own goods and services;
  2. may use my Personal Information for the marketing and / or promotion of other parties goods and services

use of personal information

The use of your Personal Information by the Group of Companies:

The Group of Companies say:

  1. check its own records for information on:
  2. if you are a director, member, shareholder or partner in a business we may check on your business accounts;
  3. your personal accounts; and
  • if relevant, your spouse or partner’s accounts or the accounts of any other person with whom you share income and mutually bear obligations;
  1. search credit bureau for information on:
  2. if you are a director, member, shareholder or partner in a business the Group of Companies may check on your business accounts; and
  3. if relevant, the personal accounts of your spouse or any other person with whom you share income and mutually bear obligations; and
  1. check trade references:
  2. if you are a director, member, shareholder or partner in a business the Group of Companies may check on your business accounts;
  3. your personal accounts; and
  • if relevant the personal accounts of your spouse or any other person with whom you share income and mutually bear obligations.

What the Group of Companies do with the information you supply to it as part of the application:

Information that is supplied to the Group of Companies may be sent to a credit bureau.

The Group of Companies may also obtain information from the credit bureau for the following purpose:

  1. to assess your application for credit, and your level of indebtedness and debt repayment history as required by the NCA; and/or;
  2. assess risk; and/or
  3. validate and verify the information which you provide to it including your identity and the identity of your spouse, partner or other directors/partners and/or;
  4. undertake checks for the prevention and detection of fraud and/or money laundering; and/or
  5. it may use scoring methods to assess this application and to verify your identity; and/or
  6. any or all of these processes may be automated.

Account management:

  1. once you have an account with the Group of Companies it will supply information to a credit bureau about how you conduct that account;
  2. if you borrow or make use of the Group of Companies’ payment terms and do not repay in full and on time, this information will be provided to credit bureau, after the Group of Companies have given you 20 business days’ notice of our intention to send this information to the credit bureau;
  3. the Group of Companies may make periodic searches of credit bureau information to manage your account with it, and to take decisions regarding affordability and/or the risks involved in offering you payment terms;
  4. if you have borrowed from the Group of Companies or made use of its payment terms and do not make payments that you owe to it, the Group of Companies will trace your whereabouts using credit bureau information and recover payment; and/or
  5. supply trade references to credit bureau.

The use of your credit information by credit bureau:

The information held by the credit bureau, is used, as provided for by the National Credit Act.

Declaration and informed Consent

By accepting these terms I hereby acknowledge that:

  1. I/we have read the terms and conditions reflected above and that I/we fully understand the meaning and effect thereof;
  1. I/we hereby declare that all Personal Information supplied to the Group of Companies is accurate, up-to-date, is not misleading and that it is complete in all respects.
  1. I/we hereby undertake to immediately advise the Group of Companies of any changes to my/our Personal Information should any of these details change; and
  1. I/we furthermore give the Group of Companies permission to process my/our Personal Information, as provided above, and acknowledge that I/we understand the purposes for which it is required and for which it will be used.