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1. INTRODUCTION
Welcome to the Radio Heart 104.9 Proprietary Limited t/a Heart FM, with registered address at 2nd Floor, corner of De Smit and Somerset roads, Greenpoint (“Heart FM”) privacy policy (“Policy”). This Policy sets out how we process information about you and applies to all information collected, held, used and disclosed by or on behalf of Heart FM.
We take compliance with privacy laws very seriously, and are committed to protecting the privacy, accuracy and reliability of all personal information and to safeguarding such information from loss, misuse, unauthorised access, disclosure, alteration and destruction, in accordance with the Protection of Personal Information Act, No. 4 of 2013 (“POPI”).
Please contact us at info@heartfm.co.za if you need clarity on any aspect of this Policy. If you do not accept or understand any part of this Policy, you should not use our website or submit any information to us.

2. WHO DOES THIS POLICY APPLY TO?
This Policy applies to:
– Employees and Consultants
– Listeners
– Service Providers
– Persons entering competitions and/or partaking in promotions
– Event attendees
– Visitors (virtual and physical)
– Any person who contacts us and/or contracts with us

3. WHAT IS PERSONAL INFORMATION?
Personal information is information or an opinion about an identified individual (or an individual who is reasonably identifiable), regardless of whether the information or opinion is true or not, and regardless of whether the information or opinion is recorded in a material form or not (“personal information”).

4. WHAT INFORMATION DO WE PROCESS?
The type of information we collect is generally limited to your name, gender and contact details (such as your phone number, email address and/or social media handle). However, you may also provide us with all sorts of other information, including information relating to your personal experiences, opinions, beliefs and/or preferences (collectively, “user data”).
In interacting with us, or using our website, you consent to us processing your user data on the terms contained in this Policy. Please notify us immediately if you, at any time, object to us processing your user data. We won’t sell your user data or share it with third parties unnecessarily, but we may reveal certain user data on-air that you have voluntarily provided to us. If we broadcast any user data that you have voluntarily provided to us, we may use your contribution again in a future broadcast. Broadcast material (which may include a recording of your voice or a reference to your name) may be retained on our systems indefinitely for record keeping purposes.
If you apply for a job, we may process the personal information contained in your curriculum vitae and/or other application documentation. In this regard, we may process the particulars relating to your previous employment, tax details, and any other employment-related information (and/or other user data) that you to provide. You hereby consent to us processing all such information in connection with your prospective employment. We may share with third parties anonymised and de-identified user data that you submit to us, provided that it will no longer contain personally identifiable information and cannot be linked to you.
We may need to share your user data with third parties who assist us with our business functions. These third parties include, amongst others, our payment processors, lawyers, accountants, auditors, advertisers, DJs and other service providers.
We may use your contact details to market and promote future products and services which we think may interest you and/or to provide you with useful information about us. You can, at any time, opt-out of receiving such communications from us by emailing us at info@heartfm.co.za.

5. HOW DO WE COLLECT AND PROCESS PERSONAL INFORMATION?
Most data that we collect is provided by you voluntarily when you:
– Contact us via text message, phone, email or social media
– Enter a competition or promotion
– Enter into a contract with us
– Visit our office and/or studio
– Appear as a guest on one of our shows
– Speak to a presenter and/or other HeartFM team member on-or-off-air
– Provide us with feedback (including surveys and complaints)
– Use our website or mobile application.
We generally only process user data that has been provided by you voluntarily and which we are required to process by law. However, if you come to our office and/or studio, we automatically collect surveillance footage from our security cameras. We may also need to process your fingerprints and/or other biometric information for control-access purposes.
In the normal course of business, we store user data on servers inside South Africa. However, we may, from time to time, store user data on servers situated outside South Africa, but only in jurisdictions where the law imposes conditions for the processing of information which are equivalent to, or more extensive, than those conditions stipulated by POPI.

6. CHILDREN
We do not knowingly process personal information of children without their parent or legal guardian’s consent. No person under the age of 18 should submit any personal information to us, without the express prior consent of their parent or guardian and, in such instance, we will ensure that personal information pertaining to minors is treated in accordance with POPI.

7. WHEN DO WE PROCESS INFORMATION?
We may process user data:
– to the extent that we are required or permitted to do so by law. It is our policy to co-operate with relevant authorities in relation to law enforcement inquiries. You authorise us to disclose any information about you to such authorities as we, in our sole discretion, believe necessary or appropriate in connection with the investigation of any illegal or purported legal activity;
– in connection with any legal proceedings;
– in order to establish, exercise or defend our legal rights; and
– to protect the rights, property and personal safety of another user and/or any member of the public.
We will not process user data where it is irrelevant or excessive, and will only do so to communicate with you, otherwise fulfil any contractual obligations we may have towards you and/or to monitor and improve our service delivery in general.

8. COOKIES
We may track and store some information (commonly known as a “cookie”) when you visit our website. This enables us to recognise you during subsequent visits. The type of information gathered includes the IP address of your device, the date and time of your visit, which pages you browsed and whether the pages have been delivered successfully. Apart from establishing basic connectivity and communications, we may also use this data in aggregate form to develop customised services which are tailored to your individual interests and needs. You may change your device settings to prevent your device from accepting cookies. However, please note that this may cause certain features of our website to be inaccessible.

9. YOUR RESPONSIBILITIES
Where we request information from you, you agree to provide us with honest, accurate and up-to-date information and to maintain and update such information when necessary. It is your responsibility to contact us if any of your user data is incorrect, incomplete, misleading, or if you require its transfer or deletion. Whenever you provide us with information and/or data belonging to a third party, you warrant that you have the necessary permission and consent to disclose such data or information.

10. HOW DO WE PROTECT YOUR INFORMATION?
We have implemented technological and organisational measures aimed at protecting the confidentiality and integrity of your user data. We have identified reasonably foreseeable internal and external risks to your user data and have established, and maintain, appropriate safeguards against these risks. We regularly verify that these safeguards are being effectively implemented and we will continually update these safeguards in response to new risks or deficiencies identified. We will notify you, and the appropriate regulator, immediately where we have grounds to believe that any user data has been accessed or acquired by any unauthorised person.

11. HOW LONG DO WE KEEP INFORMATION?
In certain instances it is necessary for us to retain user data on our systems. For example, when you call our station, we keep your number indefinitely so we can recognise you next time you call. We will only retain user data for as long as is necessary for the purposes set out in this Policy, unless otherwise required by law, or requested by you. User data is destroyed, deleted or de-identified once its retention is no longer necessary.

12. YOUR RIGHTS IN RELATION TO YOUR INFORMATION
Subject to certain limitations on certain rights, you have the following rights in relation to your information:
– Request access to your personal information (commonly known as a “data subject access request”).
This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
– Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
– Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to
object to processing (see below).
– Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes.
– Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
– Withdraw consent to our use of your information at any time where we rely on your consent to use or process that information. Please note that if you withdraw your consent, this will not affect the lawfulness of our use and processing of your information on the basis of your consent before the
point in time when you withdraw your consent. You will not be subject to decisions that will have a significant impact on you based solely on automated decision-making, unless we have a lawful basis for doing so and we have notified you. We do not envisage that any decisions will be taken about you using automated means, however we will notify you in writing if this position changes.

Should you have any queries regarding this privacy notice or would like to enforce any rights you may have under applicable data protection laws, please contact us at:
Information Officer : Renee Redelinghuys
Address : 2nd Floor Media Quarter Building, Cnr De Smit and Somerset roads, Greenpoint
Tel : (021) 406-8900
Email : renee@heartfm.co.za

We will endeavour to respond to any such requests as soon as is reasonably practicable and in any event within statutory time-limits in the applicable country. In some instances, we may be able to charge a fee for responding to your request and will advise you of this and any applicable amount prior to responding.
You should be aware that certain information is exempt from the right of access. This may include information which identifies other individuals, or information which is subject to legal privilege.
Where you request access to your information, we are required by law to use all reasonable measures to verify your identity before doing so. These measures are designed to protect your information and to reduce the risk of identity fraud, identity theft or general unauthorised access to your information.
You also have the right to lodge a complaint with the relevant supervisory authority, details of which are set out
below:
JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001
P.O Box 31533, Braamfontein, Johannesburg, 2017
Complaints email: complaints.IR@justice.gov.za
General enquiries email: inforeg@justice.gov.za.

13. QUESTIONS, CONCERNS OR COMPLAINTS ABOUT THIS POLICY?
If you have any questions or comments about this Policy, please email us at info@heartfm.co.za