Important Terms:

"POPIA" means the Protection of Personal Information Act 4 of 2013.

"Client" or "you" means any job applicant, new or existing employees and clients of TCTA, public member requesting information in terms of PAIA;

"TCTA" or "we" means the Trans-Caledon Tunnel Authority, a public body established in 1986 by Government Notice No 2631 in Government Gazette No 10545, dated 12 December 1986. To obtain more information about us please visit our website at https://www.tcta.co.za.

 

Will this Privacy Statement be amended?

Yes, in order:

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

  • to comply with changes to POPIA and its provisions;

  • to ensure that this Statement is clearer and more favourable to you;

  • to rectify any mistake that might be discovered from time to time; and/or

  • for any other reason which TCTA, in its sole discretion, may deem reasonable or necessary.

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

 

How does TCTA handle security and privacy on the website?

We endeavour to keep our website secure at all times. We do however advise you that we cannot guarantee the security of any information provided to us or by us through our website, email, internet or social media. We cannot be held responsible for any loss or unauthorised use or interception of information transmitted via the internet which is beyond our control.

Third party websites

Our website may contain links to other external party websites. We are not responsible for the content, privacy or security of those websites.

 

Cookies

Cookies are information that is used to track visitor use of a website and to compile statistical reports on website activity. If you wish to restrict or block cookies, you can do this through your browser settings.

 

WHAT PERSONAL INFORMATION DOES TCTA COLLECT, AND HOW?

We may collect the following information about you:

  • 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;

  • Information about your beneficial owner if we are required to do so in terms of POPIA;

  • Records of correspondence or enquiries from you or anyone acting on your behalf;

  • Details of transactions you carry out with us;

  • Details of contracts you carry out with us; and

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

 

If you are under 18 please do not provide us with any personal information unless you have the permission of your parent or legal guardian to do so.

How does TCTA collect information?

You may provide personal information to us either directly or indirectly, by:

  • submitting application documents for recruitment purposes;

  • submitting tender documents;

  • Completing Know-Your-Clients documents in terms of FICA;

  • Completing visitor/entrance form at the gate;

  • Submitting information to HR in compliance with legal requirement (employees); and

  • Completing a disclosure of interest form in compliance with a legal requirement (employees).

  • Supplying your identity when requesting for information in terms of PAIA.

 

We may receive information about you:

  • When you contact us directly, either via our website, by email, telephone or via social media, to make an enquiry or other request;

  • From other TCTA partners or stakeholders;

  • From third parties, such as credit bureaus, when we do credit or criminal checks on you for recruitment purposes; or

  • Occasionally from other third parties who may lawfully pass your information on to us.

 

HOW DOES TCTA PROCESS AND STORE MY INFORMATION?

Is my information safe with TCTA?

We continuously implement technical and organisational security measures in order to protect the information we hold against unauthorised access as well as accidental or wilful manipulation, loss or destruction.

It is also important that you take all necessary and appropriate steps to protect your personal information yourself (for example, by ensuring that all login details, including passwords and access codes are kept secure).

 

How is my personal information processed?

We take the privacy and protection of your personal information very seriously and will only process your personal information in accordance with POPIA, the Privacy Policy and this Statement.

Accordingly, TCTA will comply with the relevant data privacy principles or conditions relating to the processing (including, but not limited to, the collection, handling, transfer, sharing, correction, storage, archiving and deletion) of your personal information set out in POPIA.

TCTA employees attend regular data protection training. Your personal information will only be processed for purposes set out in this Statement or if we are entitled to do so under POPIA.

 

Can TCTA retain my 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 POPIA. However, as a general rule, we will retain your information in accordance with retention periods set out in POPIA or other 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).

 

What rights do I have regarding my personal information?

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 in our PAIA and POPIA Manual.

You have a right to object on reasonable grounds to the processing of your personal information where we claim such processing is necessary to pursue our legitimate interests, your legitimate interests or the legitimate interests of a third party to which the information is supplied. We may then stop such processing, unless POPIA provide for such processing.

 

CAN INFORMATION BE SHARED WITH THIRD PARTIES?

Can TCTA share my information?

We may share your personal information with:

  • Other TCTA entities, our agents and sub-contractors, third parties who process personal information on our behalf and any TCTA partners, in South Africa and in other countries;

  • Our service providers and agents who perform services on our behalf;

  • External companies that conduct verifications for recruitment purpose and HR & OD purposes;

  • Any person if we are under a duty to disclose or share your personal information in order to comply with POPIA, or to protect the rights, property or safety of TCTA, its clients or other third parties;

  • Lenders or banks, collection agencies, lawyers, accountants, auditors, regulators and law enforcement agencies, to the extent necessary to protect, preserve or enforce TCTA's rights and interests in respect of any agreement or any finance document or to respond to any legal enquiry or to comply with any regulatory obligation; and

  • Lenders or banks in compliance with FICA provisions.

 

We may disclose your personal information to these third parties for any purpose permitted in terms of POPIA, including to-

  • assess and monitor any of your applications for TCTA' tenders or recruitment (Job applicants), including the risk involved to comply with POPIA;

  • As part of our project requirement or in terms of our bi-national agreements;

  • compliance with various laws applicable to recruitment processes;

  • compliance with POPIA requiring TCTA and/or any third party to collect personal information;

  • detect and report fraud and criminal activities, to identify the proceeds of unlawful activities and to combat crime; and

  • make reports to any regulator or supervisory authority, including those in foreign jurisdictions, if TCTA is required to do so in terms of POPIA.

 

We do not share your personal information with any third parties, except if:

  • we are legally permitted or obliged to provide such information for legal or regulatory purposes;

  • we are required to do so for purposes of existing or future legal proceedings;

  • Necessary for purposes of preventing fraud, loss, bribery or corruption;

  • they perform services and process personal information on our behalf;

  • it is required in order to provide or manage any information and/or services to you;

  • needed to help us improve the quality of our services & operations.

 

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 services to you if such disclosure is necessary.

 

Can I share information with TCTA on third Parties?

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 and identify us. We will process their personal information in accordance with this Statement. If you give us information on behalf of someone else, you confirm to us that you have their permission to do so and that they are aware of the contents of this Statement and do not have any objection to us processing their information in accordance with this Statement.

 

WHAT IS MY PERSONAL INFORMATION USED FOR?

Subject to POPIA, we may use your personal information for a variety of purposes, including:

Legal/contractual

  • Legal or contractual purposes;

  • To manage any contractual arrangement or relationship you have with us;

  • To detect and prevent fraud and money laundering and/or in the interest of security and crime prevention;

  • To conduct sanction party list and politically exposed person screening against any relevant list which TCTA may in its sole discretion determine;

  • To verify your identity;

  • To comply with POPIA, including lawful requests for information received from local or foreign law enforcement, government and tax collection agencies;

 

Job application

In instances where you have applied for a position, we may conduct searches or verifications at credit bureaus and other third parties. Details of our verifications will be kept by the credit bureau and will be available to other businesses that conduct verifications with that agency for the purposes of meeting our regulatory obligations, credit assessments, criminal records, prevention of money laundering and fraud and statistical analysis. In instances where you apply for a position, we will inform you, where required by POPIA, about the results of the verification in relation to your job application and decision regarding your application. You will be given a reasonable opportunity if permitted by POPIA or a code of conduct to make representations about a decision against you.

 

Operational

  • To comply with your instructions or requests;

  • For operational, auditing, legal and record-keeping requirements;

  • To transfer or process 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. We will however only transfer your personal information across South African borders if the relevant situation requires trans-border processing and will do so only in accordance with POPIA.

  • To record, access and/or monitor your telephone calls and electronic communications to/with TCTA, including all forms of notifications, correspondence received by or sent from TCTA (including its employees, agents or contractors) in order to accurately carry out your instructions and requests, to use as evidence and in the interests of crime prevention and to comply with POPIA;

  • To disclose your personal information to third parties, including our partners, for reasons set out in this Statement or where it is not unlawful to do so; and

  • To improve or evaluate the effectiveness of TCTA’s business.

 

WHAT SHOULD I DO IF MY PERSONAL DETAILS CHANGE?

We strive to maintain the integrity and accuracy of your personal information at all times. You are responsible for informing us of any change in your details, such as a change of address. You have a right to ask us to correct any inaccuracies in the information we hold about you.

If your personal information changes at any time or our records appear to be incorrect, please inform us immediately so that we may update or correct our records accordingly. If you fail to keep your information updated, or if your information is incorrect, TCTA may limit any services offered to you or elect not to provide any of these to you.

Can TCTA contact me?

We may contact you by post, telephone, e-mail and any other electronic means, to inform you about your application or in response to any request from yourself in relation to any TCTA operation.

How do I contact TCTA?

You can contact us through the following channels:

Email:  [email protected];
Telephone: +27 12 683 1200 Fax: +27 12 683 1361; or

Our Information Officer: Lindani Gumede, E-Mail address: [email protected]  

Our address: Tuinhof Building, Ground Floor, Stinkhout Building, 265 West Avenue Centurion.

Should you believe that TCTA has utilised your personal information contrary to POPIA, you undertake to first attempt to resolve any concerns with TCTA. If you are not satisfied with such process, you have the right to lodge a complaint with the Information Regulator, using the contact details listed below:

Tel: 0124064818

Fax: 0865003351

E-Mail: [email protected]

 

CAN I REQUEST INFORMATION THAT TCTA HAS ABOUT ME?

You may request details of personal information which we hold about you under the Promotion of Access to Information Act 2 of 2000 (“PAIA”). Fees to obtain a copy or a description of personal information held about you are prescribed in terms of PAIA. Confirmation of whether or not we hold personal information about you may be requested free of charge. If you would like to obtain a copy of your personal information held by TCTA, please review our PAIA and POPIA Manual.