ATC South Africa Wireless Infrastructure Proprietary Limited, ATC South Africa Wireless Infrastructure II Proprietary Limited, ATC South Africa Services Proprietary Limited, ATC South Africa Investment Holdings Proprietary Limited and ATC Africa Shared Services Proprietary Limited (collectively, “ATC”) offers on this website a variety of materials, information, and online services targeted to wireless communications carriers and broadcasters. ATC values your privacy and any information it collects is considered private and is not shared with other organizations save for as provided below. This website privacy notice (“Privacy Notice”) explains ATC’s use and care of any personal information received from you the users of this website.
Please read the document before you provide the ATC with the required personal information.
By providing ATC with your personal information, you consent to the ATC processing your personal information, which ATC undertakes to process in accordance with this Privacy Notice.
1. INTRODUCTION
1.1. In terms of a law known as the Protection of Personal Information 4 of 2013, (“POPI Act”) everyone has the right to privacy, including the right to the lawful collection, retention, dissemination and use of one’s personal information.
1.2. Personal information refers to any personal information or data that is considered as personal data or personal information by all applicable laws, rules and regulatory requirements in relation to the processing of Personal Data or Personal Information, including the EU General Data Protection Regulation 2016/679 (“GDPR”), effective May 25, 2018, and the POPI Act and all related national laws.
1.3. In order to give effect to this right, ATC is under a duty to provide any person whose personal information is processed by it, known as a data subject, with a number of details pertaining to the use of and subsequent processing of the data subject’s personal information, before such information is used or processed.
1.4. In accordance with this requirement, ATC sets out below:
- the reasons why it will be required to process a data subject’s personal information;
- the conditions under which it will receive and use a data subjects personal information;
- how ATC will use and handle this personal information; and
- the conditions under which it will provide its own personal information.
2. APPLICATION
2.1. This is the Privacy Notice of ATC, which is applicable to all the ATC social media and electronic platforms, including websites and or email, whether owned by, established by, used by, hosted by and / or accessed by data subjects, which data subjects include, without detracting from the generality thereof, ATC entities, ATC employees, lessors, customers, contractors and service providers and/or other third parties who may access and make use of the ATC social media and electronic platforms.
2.2. This Privacy Notice furthermore applies to:
2.2.1 the data subjects who may make use of, or access the ATC social media and electronic platforms and all the processing of personal information by the ATC as a result of a data subject making use of, or accessing the ATC social media and electronic platforms except to the extent that a separate POPI Act policy has been issued in respect of a specific service or product and related processing activities; and
2.2.2 all the personal information which is owned by ATC and which is provided to any responsible parties and/or operators as a result of a data subject accessing or making use of the ATC social media and electronic platforms.
3. ACCOUNTABILITY
3.1. ATC takes the privacy and protection of a data subject’s personal information seriously and will only process a data subject’s personal information in accordance with the POPI Act and the terms of this privacy statement.
3.2. In turn where ATC provides any of its personal information to a responsible party or operator, then such person will be required as a condition of receiving such information, to process such personal information in accordance with POPI Act and the terms of this privacy statement.
3.3. Accordingly, the relevant data privacy principles relating to the processing of personal information, whether that belonging to ATC or that belonging to a data subject (including, but not limited to, the collection, handling, transfer, sharing, correction, storage, archiving and deletion) will apply without exception, save where the POPI Act provides for such an exception, to all and any personal information provided by ATC to another or received by ATC as a result of the use of the ATC email, and/or social media and electronic platforms.
4. AGREEMENT TO BE BOUND AND CONSENT TO PROCESS
4.1 By accessing or using the ATC website, any sites housed under its domain names and/or social media platforms, and/or when sending or receiving emails using the ATC email, the data subject:
- acknowledges that it has read and understood this Privacy Notice consent notice and related provisions;
- agrees to be bound by this Privacy Notice;
- agrees to comply with this Privacy Notice; and
- gives ATC consent to process and further process the required personal information in accordance with this Privacy Notice.
5. RECEIPT, USE AND SHARING OF PERSONAL INFORMATION BY ATC
5.1 ATC will receive personal information pertaining to a data subject when the data subject submits a query or request via the ATC website, or by way of email, telephone or via social media or by hand.
5.2 On receipt of the request or query, ATC will thereafter use and process the data subject’s personal information for a variety of purposes, depending on the query or request, which without detracting from the generality thereof may include:
- for the purposes of identifying and/or verifying the data subject’s details;
- for the purposes of providing information, products and/or services that the data subject, may have requested;
- for employment application purposes;
- for the purposes of managing any information pertaining to the data subject;
- for general administration purposes;
- for legal or contractual purposes;
- to help ATC improve the quality of the ATC products and services;
- to help ATC detect and prevent fraud and money laundering;
- for the purposes of recovering unpaid fees and / or any other amount due to ATC;
- for the purpose of debt collection;
- for the purposes of research, analytical and statistical purposes;
- for the purpose of carrying out analysis of customer profiling;
- for the purposes of identify other products and services which might be of interest to the data subjects; and
- for the purposes of informing a data subject about ATC products and services.
5.3 In order to correctly handle any request or query, and to perform the purposes described above, ATC may from time to timeshare a data subject’s personal information with the following parties:
- ATC employees, which will only be done on a need to know basis;
- ATC group companies and affiliates on a need to know basis;
- ATC carefully selected business partners who provide products and services which may be of benefit to a data subject which will only be done on a need to know basis; and
- ATC operators such as service providers and agents who perform services on our behalf which will only be done on a need to know basis and in terms of a contractual agreement.
5.4 ATC does not share a data subject’s personal information with any third parties who have not been described above, unless:
- ATC is legally obliged to provide such information to another for legal or regulatory purposes;
- ATC is required to do so for purposes of existing or future legal proceedings;
- the onward transmission or sharing of personal information is necessary for the pursuance or protection of the ATC’s legitimate interests or that of the data subject or a third party;
- ATC are involved in the prevention of fraud, loss, bribery or corruption and are using another agent or service provider under a mandate to provide such service,
- and under all of the above mentioned circumstances, ATC will take reasonable measures to ensure that such personal information is only provided to the recipient if such recipient undertakes to keep the information confidential and secure.
5.5 Where ATC has to transfer the data subject’s personal information across the South African borders, it will ensure that before it does so, that the recipient thereof agrees to be bound by the POPI Act under and in terms of a set of binding corporate rules or binding agreements that provide an adequate level of protection and uphold the principles for the reasonable and lawful processing of such personal information or agrees to be bound by the GDPR.
5.6 The personal information required by ATC from a data subject may be required in terms of law or for purposes of providing ATC services to the data subject. The data subject will be informed if the personal information requested is mandatory or voluntary. If the data subject does not provide ATC with the requested mandatory personal information, ATC will not be able to provide its services to the data subject. Where a data subject does not provide ATC with the requested voluntary personal information, this may reduce the quality of service provided to the data subject
6. RECEIPT, USE AND SHARING OF ATC PERSONAL INFORMATION
ATC on receipt and in response to a query or request received from a data subject, referred to under section 5 above, will transmit via its website, or by way of email, telephone or via social media, its own personal information, which personal information on receipt by the requesting or receiving data subject may only be used for the purpose relating to the initiating of the request or query and for no other purpose. Furthermore, the recipient undertakes that it will not share this information with any other party, save where it has been given express permission to do so by ATC.
7. INFORMATION QUALITY/OPENNESS/DATA SUBJECT PARTICIPATION
7.1 Whilst ATC will take reasonably practical steps to ensure the integrity and accuracy of a data subject’s personal information this may not at all times be possible. Following this, the data subject accepts that the responsibility for keeping its / her or his information up to date, and undertakes to inform ATC of any changes to its/ his or her personal information. This can be done by accessing the prescribed change of details form here and submitting same to privacy.officer@americantower.com
7.2 A data subject has a right of access to any personal information which ATC may have and where applicable may ask ATC to correct any inaccuracies in or to any such personal information. This request must be done by way of a formal ATC PAIA process, which is accessible here.
7.3 A data subject may contact the ATC’s Information Officer at the following address privacy.officer@americantower.com should it have any questions, complaints or objections regarding the processing of its personal information. This can be done by accessing the prescribed form here and submitting same to privacy.officer@americantower.com
7.4 A data subject has a right to complain to the Information Regulator if they think ATC has infringed any of their privacy rights. The contact details of the Information Regulator are as below:
The Information Regulator (South Africa)
33 Hoofd Street, Braampark
Braamfontein, Johannesburg
2001
Complaints email: complaints.IR@justice.gov.za
Contact number:+27 10-023-5200
Website: https://justice.gov.za/inforeg/
8. SECURITY OF PERSONAL DATA
8.1 ATC makes all reasonable effort to keep its website secure at all times, however advise that it cannot guarantee the security of any information provided to us or by us through the ATC website, e-mail, internet or social media sites. ATC cannot be held responsible for any loss or unauthorised use or interception of information transmitted via these sites, such as the internet which is beyond ATC’s reasonable control.
8.2 The ATC website may contain links to other websites outside of ATC’s control. ATC is not responsible for the content, privacy or security of these other third party controlled websites.
8.3 A “cookie” is a small file or part of a file which ATC creates and stores on your computer for a period of time. The cookies contain information about the things you do on this web site (such as a user identification code, customized preferences, or a record of pages visited) which is used by ATC to provide you with automated features and/or customized materials or services. Most internet browsers allow you to refuse to accept cookies if you wish to do so. Please refer to your browser’s help function for more information. Be aware that at least some of the functionality of the ATC web site will not be available if you set your browser to refuse cookies.
8.4 ATC makes use of social plug-ins of social networks such as Facebook, YouTube, LinkedIn, Google+ and Twitter. Please note that ATC has no influence on or control over the extent of the data retrieved by the social networks’ interfaces and ATC can accordingly not be held responsible or liable for any processing or use of personal information transmitted via these social plug-ins. For information on purpose and extent of the data retrieval by the social network concerned, and about the rights and settings possibilities for the protection of your private sphere, please refer to the data protection information provided by the social network in question.
8.5 Note that all Telephone calls may be recorded and/or monitored for security and quality assessment purposes.
8.6 Subject to the provisions above, ATC has implemented the appropriate technical and organisational security measures which are required in order to protect all personal data which it holds from and / or against unauthorised access, accidental or wilful manipulation, loss or destruction.
9. THIRD PARTY INFORMATION AND THAT BELONGING TO MINORS
9.1 If a data subject provides ATC with personal information on behalf of another, ATC will not be able to process the query or request unless such query or request is accompanied with the required permission and consent from the parent or guardian to process the third party’s personal information.
9.2 If a data subject is under the age of 18, such person’s personal information will only be processed if the minor’s parent or legal guardian gives the required consent or permission to the processing.
10. REVISION NOTICE
ATC reserves the right to change this Privacy Notice and any of its policies at any time. The most current version of the Privacy Notice is always the version that is published on this website.
11. TERMS OF USE NOTICE
Please also refer to the Terms of Use Notice elsewhere on this web site. That notice governs your usage of this web site.
12. CONTACT DETAILS
You may contact ATC for any purpose concerning this Privacy Notice by leaving e-mail for the Privacy Officer and/or Data Protection Officer at privacy.officer@americantower.com, or contacting that Officer at +1-617-375-7500 or +27-10-003-8800 or 3rd Floor, Block C, Monte Circle, 178 Montecasino Boulevard, Fourways, 2191.
13. INFORMATION SECURITY POLICY
American Tower is committed to protecting the confidentiality, integrity, and availability of information, and meeting legal and regulatory security requirements. Our information security management system is the engine for continually assuring the protection of information and meeting our security objectives in accordance with the controls in the scope of our ISO 27001 certification.
- An information security management system defines and manages the security controls to protect the confidentiality, integrity, and availability of assets from threats and vulnerabilities.
- If you would like more information about the American Tower information security management system, its scope, and the statement of applicability, please contact information.security@americantower.com
