Right to rectification: You have the right to have your personal information rectified (corrected or deleted) if it is inaccurate or incomplete (including if it is irrelevant, excessive, out of date, misleading or obtained unfairly).
Right to erasure: This right is also sometimes known as “the right to be forgotten”. You have the right to request the deletion or removal of your personal information where there is no compelling reason for its continued processing. This right may be used in specific circumstances such as:
- where the personal information is no longer needed for the original purpose for which it was collected / processed and there is no legal obligation for us to continue holding it
- where you withdraw consent where the sole basis for processing was consent
- where you object to the processing and there is no overriding legitimate interest for continuing the processing
- the personal information was unlawfully processed
- the personal information has to be erased in order to comply with a legal obligation for its erasure.
Right to restrict processing: You have a right to restrict the processing of your personal information where one of the following applies:
- you contest the accuracy of your personal information during which time you may restrict us from using it while we: investigate any inaccuracy and update the personal information if needs be
- you reasonably believe we are using your personal information unlawfully or oppose the erasure of your personal information and you restrict its use until these issues are resolved
- you object to processing of your personal information pending verification of whether we have legitimate grounds for processing that override your objection.
You may also request that we do not delete/destroy your personal information, even once we no longer need it, should you require it for the establishment, exercise or defence of legal claims.
Right to object: You have the right to object to processing (including profiling*) of your personal information in cases where our processing is based on the performance of a task carried out in the public interest or we have let you know the processing is necessary for our or a third party’s legitimate interests. You can object to our use of your personal information for direct marketing and profiling purposes where it is in relation to us directly marketing you (including in relation to unsolicited electronic communications).
*Profiling is the automated processing of your personal information to evaluate certain things about you and / or ways in which we can better provide our services to you.
Rights in relation to automated decision making and profiling: Automated decision making is making a decision solely by automated means without any human involvement.
You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or significantly affects or harms you unless it is necessary for entering into, or performance of, a contract between you and us, and:
- it is authorized by law to which we are subject ; or
- you explicitly consent.
We will let you know when such decisions are made, the lawful grounds we rely on and the rights you have.
Please note: Maitland does not currently utilize automated processing which produces legal effects for you.
Right to data portability: You may request for us to either send you a copy or to transfer your personal information in a safe, easily usable and secure way to a third party in readable format. This right only applies where the processing is based either on consent or on the performance of a contract and the processing is carried out by automated means.
Right to withdraw consent: the right to withdraw any consent you have previously given us to handle your personal information. If you withdraw your consent, this will not affect the lawfulness of our use of your personal information prior to the withdrawal of your consent and we will let you know if we will no longer be able to provide you your chosen product or service.
Please note: Other than your right to object to the use of your personal information for direct marketing (and profiling to the extent used for the purposes of direct marketing), your rights are not absolute: they do not always apply in all cases and we will let you know in our correspondence with you how we will be able to comply with your request.
In response to a request, we will ask you to verify your identity if we need to, and to provide information that helps us to understand your request better.
To exercise certain rights under the Protection of Personal Information Act in South Africa, specific forms must be submitted to the Maitland Responsible Party.
Form 1 is used to exercise the Right to Object to processing on the legal basis of Legitimate Interest of Maitland as the Responsible Party, you as the Data Subject or a third party who has received the information.
Form 2 is used to exercise the right to request a correction, deletion or destruction of personal data.
If we are unable to comply with your request, we will explain why. In order to exercise your data subject rights please contact:
Data Protection Officer
58, rue Charles Martel
Alternatively please feel free to contact your Maitland contact.