Legal and compliance
SF Consortium is an all-in-one technology umbrella, meaning we take care of all your IT needs. You do not have to hire different companies to take care of different aspects of your technology needs, we do it all. Below is a comprehensive list of our services. We have duty to protect and abide by the rules and regulations of the republic of South Africa. Below is a list of rules and regulations that we subscribe to.
Read our policies below
SF Consortium Acceptable Use Policy (AUP)
1. An AUP is a policy which sets out the rules applicable to the use of our services. Most of these relate to legal requirements, but we also need to ensure that our network and customers are kept safe and secure.
Agreement to this AUP
2. You agree that you will only use our services in a manner consistent with this AUP and that your failure to do may be grounds for us to suspend or discontinue service provision.
3. Any criminal, illegal or unlawful act.
4. Any use which intentionally interferes with our ability to provide our services in any respect.
5. Any use which intentionally interferes with our rights or the rights of any third party.
6. Any use which is a breach of any other agreement we may have entered into with you or any policy or other terms and conditions which you have agreed to in connection with the use of our services.
7. The use of the service to send unsolicited direct marketing communications in contravention of applicable law or which would cause us to be in contravention of the ISPA Code of Conduct.
Reporting unacceptable use
8. Please report any use of our services in contravention of this AUP to email@example.com .
Amendments to this Policy
9. If it is necessary to amend this Policy, we will post a prominent notice or send you an email to ensure that you are kept informed about changes and how they may affect you.
Please send email to firstname.lastname@example.org for any query or matter relating to this Policy.
Take Down notice requirement for ISPA Code of Conduct compliance
In terms of section 75 of the Electronic Communications and Transactions Act (“the Act”) SF Consortium has designated the Internet Service Providers’ Association (ISPA) as an agent to receive notifications of infringements as defined in Section 77 of the Act.
Internet Service Providers’ Association (ISPA)
Address: PO Box 518
Telephone: 010 500 1200
Take-down notice email: email@example.com
1. As a business which enables access to the Internet or related services, we understand explicitly the importance of the privacy of our customers when online and interacting with our services.
2. As a member of the Internet Service Providers’ Association of South Africa (ISPA) we have committed to respecting the Constitutional right of our customers to their personal privacy, which includes the privacy of communications.
What is personal information?
4. The Protection of Personal Information Act of 2013 defines “personal information” as all of the following:
information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to-
(a) information relating to the race, gender, sex, pregnancy, marital status, national, 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;
(b) information relating to the education or the medical, financial, criminal or employment history of the person;
(c) any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person;
(d) the biometric information of the person;
(e) the personal opinions, views or preferences of the person;
(f) correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;
(g) the views or opinions of another individual about the person; and
(h) the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person;
5. We commit to protecting the confidentiality of our customers’ personal information.
6. Customer personal information in our possession will be used only for the purpose for which it was collected or in terms of the law under which it is required to be collected.
7. Customer personal information is collected for the purpose of allowing the provision of our services as well as compliance with the Regulation of Interception of Communications and Provision of Communication-related Information Act of 2002 (“RICA”).
8. We will only release customer personal information in the following circumstances:
1. Where we have your written instruction to do so.
2. Where we are required to do so under an order of a South African court.
3. Where it is necessary to do so to comply with any applicable legislation or regulation and then in terms of such applicable legislation or regulation.
4. For auditing, debt-collecting or complaints-handling processes and then subject to restrictions on the use of the personal information by the relevant third party.
9. We do not monitor usage of our services other than in terms of applicable law.
10. Our website may utilise “cookies” which do track usage to facilitate the provision of an individually-tailored service.
11. Personal information provided to us as is required for use of the service is securely stored. Please email firstname.lastname@example.org__ or visit _www.sfconsortium.co.za_ to review this information and amend it if necessary.
12. In order to ensure that we provide a secure service and protect you and ourselves from fraudulent and criminal acts, we reserve the right to monitor user and network traffic.
Collection of anonymous data
13. In order to provide the best possible and most relevant service, we may use standard technology to collect information about the use of this site and our services. This technology is not able to identify individual users but simply allows the collection of anonymised statistics.
1. Cookies allow us to tailor advertising and other services to your displayed preferences. We may use third-party cookies from an adserver for this purpose.
2. Cookies by themselves may not be used to personally identify users but will be used to compile anonymised statistics relating to use of services offered or to provide us with feedback on the performance of this web site.
15. If you do not wish cookies to be employed it is possible to alter the manner in which your browser handles cookies. Please note that, if this is done, certain services on this website may not be available.
16. Protecting your personal information when using our services is a shared responsibility. Please be aware that the Internet can be a scary and unfriendly place and be sure to safeguard your identity and other personal information at all times.
Amendments to this Policy
PROMOTION OF ACCESS TO INFORMATION ACT
SECTION 51 MANUAL
[FOR GROUP COMPANIES ONLY (DELETE IF NOT APPLICABLE): This manual applies to SF CONSORTIUM and the companies within its group of companies, listed below, all of which are collectively referred to in this manual as “SF CONSORTIUM”.]
SF CONSORTIUM PTY LTD
This Manual is published in terms of Section 51 of the Promotion of Access to Information Act No. 2 of 2000 (“the PAIA Act”). The PAIA Act gives effect to the provisions of Section 32 of the Constitution, which provides for the right of access to information held by the State and to information held by another person that is required for the exercise and/or protection of any right.
The reference to any information in addition to that specifically required in terms of Section 51 of the PAIA Act does not create any right or entitlement (contractual or otherwise) to receive such information, other than in terms of the PAIA Act.
This manual applies in respect of each member within the SF Consortium group of companies, which members might change from time to time. The Information Officer named herein is appointed in respect of each such member.]
2 SF CONSORTIUM PROVIDES INTERNET SERVICES AND ACCESS TO ITS CUSTOMERS, IN BOTH THE CORPORATE AND HOME MARKET.
SF Consortium, supports the constitutional right of access to information and is committed to providing you with access to our records in accordance with the provisions of the PAIA Act, tempered by the confidentiality we owe to third parties and in accordance with the principles of South African law.
3 AVAILABILITY OF THIS MANUAL
A copy of this Manual is available on our website www.sfconsortium.co.za or by sending a request for a copy to the Information Officer by email. This Manual will be updated from time to time, as and when necessary.
4 GUIDE ON HOW TO USE THE PAIA ACT
The Information Regulator has, in terms of section 10(1) of the PAIA Act, provided a guide on how to use the PAIA Act (“the Guide”).
It is designed to be easily understood by a person who wishes to exercise any right provided for in the PAIA Act or in the Protection of Personal Information Act 4 of 2013 (“the POPI Act”).
The Guide is available in all of the official languages as well as in braille, and contains a description of, amongst other things:
• the objects of the PAIA Act and the POPIA Act;
• the postal and street address, phone and fax number and, if available, electronic mail address of the Information Officer of every public body,
• the manner and form of a request for access to a record of a public or private body;
• the assistance available from the Information Regulator in terms of the PAIA and POPIA Acts;
• the remedies available regarding an act or failure to act in respect of a right or duty conferred or imposed by the PAIA and POPIA Acts; and
• fees to be paid for requests for access to information.
During normal working hours, members of the public can inspect or make copies of the Guide from the offices of both private and public bodies, including the office of the Information Regulator, during normal working hours.
PAIA Forms – Information Regulator (inforegulator.org.za)
The Guide can also be obtained as follows:
• upon request to an Information Officer or to the Information by means of the relevant request form available for download at PAIA Forms – Information Regulator (inforegulator.org.za); and
• from the website of the Information Regulator at PAIA Guidelines – Information Regulator (inforegulator.org.za)), where the Guide is available in English, Afrikaans, isiNdebele, isiXhosa, isiZulu, Siswati, Sepedi, Sesotho, Setswana, Tshivenda and Xitsonga.
5 HOW TO REQUEST ACCESS TO RECORDS HELD BY SF CONSORTIUM
Requests for access to records held by SF CONSORTIUM must be made on the request form entitled “Form 2: Request for Access to Record [Regulation 7]”, which is available from our website (insert URL) and head office, as well the website of the Information Regulator at PAIA Forms – Information Regulator (inforegulator.org.za).
A request fee may be payable. The schedule of fees can be accessed at https://www.justice.gov.za/legislation/notices/2021/20210827-gg45057gon757-PAIAregulations.pdf (page 32) or https://www.justice.gov.za/legislation/notices/2021/20210827-gg45057gon757-PAIAregulations.pdf (page 32). You can submit a request without paying the request fee but please note that payment of the prescribed fees must be made before the request will be processed.
Requests for access to records must be made to our Information Officer at the address, fax number or electronic mail address provided for below.
The requester must provide sufficient detail on the request form to enable the Information Officer to identify the record and the requester. The requester should also indicate which form of access is required and indicate if he or she wishes to be informed in any other manner and state the necessary particulars to be so informed.
Should you know which company in SF Consortium holds the record/s you are requesting, please indicate this fact. Where you are unsure which company holds the record/s please provide as much detail as possible about the record to facilitate our search and to avoid any possible delays.]
The requester must identify the right that he or she is seeking to exercise or protect and provide an explanation of why the requested record is required for the exercise or protection of that right.
If a request is made on behalf of a person, the requester must then submit proof, to the satisfaction of the Information Officer of SF Consortium, of the capacity in which the requester is making the request.
The standard form that must be used for the making of requests is Form 2. Not using this form, or not providing sufficient information, may result in your request being refused or delayed.
Kindly note that all requests to SF CONSORTIUM will be evaluated and considered in accordance with the PAIA Act and the POPIA Act. The publication of this manual and the description of the categories and subject matter of information held by SF CONSORTIUM does not give rise to any rights (in contract or otherwise) to access such information or records except in terms of the PAIA Act.
6 CONTACT DETAILS
Name of Private Body SF CONSORTIUM
Designated Information Officer SUCCESS NGOBENI
[Drafting note: The default Information Officer (or “head” to be correct) is the CEO or equivalent officer of the company. Consider who in your organisation is best placed to deal with the admin. They don’t have to make the decisions about requests on their own. (Delete this note)]
Email address of Information Officer email@example.com
Phone number 0115684230
7 VOLUNTARY DISCLOSURE
SF CONSORTIUM has not published a notice in terms of Section 52(2) of the PAIA Act. However, it should be noted that the information relating to SF CONSORTIUM and its services is freely available on SF CONSORTIUM’s website. Certain other information relating to SF CONSORTIUM is also made available on such website from time to time.
Further information in the form of marketing brochures, advertising material and other public communication is made available from time to time.
8 RECORDS AVAILABLE IN TERMS OF ANY OTHER LEGISLATION
[DRAFTING NOTE: This is not intended to be an exhaustive list and you should check whether any other legislation applies to your ISP. (Delete this note)]
Information is available in terms of the following legislation to the persons or entities specified in such legislation:
• Companies Act 61 of 1973
• Income Tax Act 58 of 1962
• Value Added Tax Act 89 of 1991
• Labour Relations Act 66 of 1995
• Basic Conditions of Employment Act 75 of 1997
• Employment Equity Act 55 of 1998
• Skills Development Levies Act 9 of 1999
• Unemployment Insurance Act 30 of 1966
• Electronic Communications and Transactions Act 25 of 2002.
• Telecommunications Act 103 of 1996
• Electronic Communications Act 36 of 2005
• ICASA Act 13 of 2000
• Film and Publications Act 65 of 1996
• Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002
• Cybercrimes Act 19 of 2020
9 RECORDS HELD BY SF CONSORTIUM
SF CONSORTIUM maintains records on the following categories and subject matter. However, please note that recording a category or subject matter in this Manual does not imply that a request for access to such records will be honoured. All requests for access will be evaluated on a case by case basis in accordance with the provisions of the PAIA Act.
[FOR GROUP COMPANIES ONLY (DELETE IF NOT APPLICABLE): In addition, please note that each company within SF CONSORTIUM does not hold records in respect of every category and subject matter listed here. If you are uncertain which entity holds the relevant record, please provide the Information Officer with as much detail as possible to minimise delays.]
9.1 Internal records
The following are records pertaining to SF CONSORTIUM’s own affairs and those of its divisions, subsidiary and associated companies:
• Memorandum and Articles of Association
• Financial records
• Operational records
• Intellectual property
• Marketing records;
• Internal correspondence;
• Product records;
• Statutory records;
• Internal policies and procedures;
• Records held by officials of SF CONSORTIUM.
9.2 Personnel records
“Personnel” refers to any person who works for or provides services to or on behalf of SF CONSORTIUM and receives or is entitled to receive any remuneration and any other person who assists in carrying out or conducting the business of SF CONSORTIUM. This includes, without limitation, directors, executive directors, non-executive directors, all permanent, temporary and part-time staff as well as contract workers. Personnel records include the following:
• Any personal records provided to SF CONSORTIUM by their personnel;
• Any records a third party has provided to SF CONSORTIUM about any of their personnel;
• Conditions of employment and other personnel-related contractual and quasi legal records;
• Internal evaluation records; and
• Other internal records and correspondence.
9.3 Customer records
Please be aware that SF CONSORTIUM is committed to protecting the confidential information of its customers. Accordingly, any request for customer information must be comprehensively motivated, having regard to Sections 63 to 67 of the PAIA Act.
Customer information includes the following:
• Any records a customer has provided to SF CONSORTIUM or a third party acting for or on behalf of SF CONSORTIUM;
• Contractual information;
• Customer needs assessments;
• Personal records of customers;
• Credit information and other research conducted in respect of customers;
• Any records a third party has provided to SF CONSORTIUM about customers;
• Confidential, privileged, contractual and quasi legal records of customers;
• Customer evaluation records;
• Customer profiling;
• Performance research conducted on behalf of customers or about customers;
• Any records a third party has provided to SF CONSORTIUM either directly or indirectly; and
• Records generated by or within SF CONSORTIUM pertaining to customers, including transactional records.
9.4 Technical records
[DRAFTING NOTE: insert as applicable alternatively delete this heading. (Delete this note.)]
9.5 Other Parties
Records are kept in respect of other parties, including without limitation contractors, suppliers, joint ventures, service providers and general market conditions. In addition, such other parties may possess records, which can be said to belong to SF CONSORTIUM. The following records fall under this category:
• Personnel, customer or SF CONSORTIUM records which are held by another party as opposed to being held by SF CONSORTIUM; and
• Records held by SF CONSORTIUM pertaining to other parties, including financial records, correspondence, contractual records, electronic mail, logs, cached information, records provided by the other party, and records third parties have provided about the contractors/suppliers or customer.
9.6 Other Records
Further records are held including:
• Information relating to SF CONSORTIUM’s own commercial activities;
• Research carried out on behalf of a client by SF CONSORTIUM or commissioned from a third party for a customer; and
• Research information belonging to SF CONSORTIUM, whether carried out itself or commissioned from a third party.
10 PROCESSING OF PERSONAL INFORMATION
10.1 Purpose of processing
SF CONSORTIUM will use your personal information only for the purposes for which it was collected and agreed with you. In addition, where necessary your information may be retained for legal or research purposes.
• to gather contact information;
• to enable the execution of contracts;
• to confirm and verify your identity or to verify that you are an authorised user for security purposes;
• for the detection and prevention of fraud, crime, money laundering or other malpractice;
• to comply with legal obligations imposed on SF CONSORTIUM;
• to conduct market or customer satisfaction research or for statistical analysis;
• for audit and record keeping purposes; and
• in connection with legal proceedings.
10.2 Description of categories of data subjects and of the information or categories of information relating thereto
SF CONSORTIUM may possess records relating to members, suppliers, contractors, service providers, and staff:
Entity Type Personal Information Processed
Members Names of members and contact persons;
Physical and Postal address and contact details;
Financial information; Bank details, Registration Number;
Tax related information (for example VAT numbers);
Authorised signatories, beneficiaries;
IP addresses assigned to members, ISPA account IDs, usernames, email addresses
Intermediary/Advisor Names of contact persons;
Name of Legal Entity;
Physical and Postal address and contact details;
Tax related information;
Authorised signatories, beneficiaries, ultimate beneficial owners.
Third Party Service Providers Names of contact persons;
Name of Legal Entity;
Physical and Postal address and contact details;
Financial information; Registration Number; Founding documents;
Tax related information;
Authorised signatories, beneficiaries, ultimate beneficial owners.
Employees/Directors Gender, Pregnancy; Marital Status; Colour, Age,
Language, Education information; Financial Information;
Employment History; ID number; Physical and Postal address;
10.3 The recipients or categories of recipients to whom the personal information may be supplied
SF CONSORTIUM may supply the Personal Information to service providers who render the following services:
• Capturing and organising of data;
• Storing of data;
• Sending of emails and other correspondence to clients;
• Upstream service providers who require customer’s data to configure and activate services;
• Network operators who need to install their network infrastructure at the
• customer’s premises;
• installers who need to install SF CONSORTIUM equipment at customer premises;
• couriers tasked with collection of equipment on termination of services;
• attorneys, debt collection companies, court officials and tracing service providers;
• credit bureaux;
• law enforcement agencies and the South African Revenue Services or as otherwise directed by a court order.
10.4 Planned transborder flows of personal information
Where transborder flows of Personal Information is required, SF CONSORTIUM will ensure that it:
• takes steps to determine whether you are entitled to transfer personal information about a data subject to a third party in a foreign country; and
• confirms that at least one of the additional requirements have been met:
o the third party is subject to a law, binding corporate rules or binding agreement which provides an adequate level of protection of personal information;
o the data subject consented to the transfer of the personal information to the third party in a foreign country;
o the transfer is necessary for the performance of a contract between the data subject and your company, or for the implementation of pre-contractual measures taken in respect of a request by the data subject;
o the transfer is necessary for the conclusion or performance of a contract concluded between your company and the third party in the interests of the data subject; or
o the transfer is for the benefit of the data subject and it is not reasonably practical to obtain the consent of the data subject to that transfer and if it were practical, the data subject would have provided their consent.
10.5 Security measures implemented by SF CONSORTIUM
Security measures implemented or to be implemented by SF CONSORTIUM to ensure the confidentiality, integrity and availability for the personal information which may be or is being processed by SF CONSORTIUM: Sec 51 (1)(c)(v):
SF CONSORTIUM continuously establishes and maintains appropriate, reasonable technical and organisational measures to ensure that the integrity of the personal information in its possession or under its control is secure and that such information is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration or access by having regard to the requirements set forth in law, in industry practice and generally accepted information security practices and procedures within SF CONSORTIUM.
We are a proud mamber of ISPA
We're Here To Help!
M-F: 8am – 5pm
011 568 4230