OnGuard and the POPI Act

OnGuard and its affiliate Online Network Systems cc adheres to the POPI Act legislation and supports its clients in meeting their requirements at all times.

Online Network Systems cc is your operator under the POPI Act and processes personal information on your behalf.

You may lawfully monitor the activity of guards, the location of vehicles, who accessed your property, and verify visitors ID by scanning their drivers licence.

The benefits of using OnGuard products far outweigh any possible risks associated with identity theft or fraud.

Your risk of being held liable for failing to secure your property is far higher than the risk of using Online Network Systems cc.
The risk of being fined, because Online Network Systems cc acted contrary to the law, or being successfully sued for losses by a data subject, is very low, if not non-existent.
Online Network Systems cc does not discriminate against nor infringe the constitutional rights of anyone.

You ensure effective guarding.
You are able to protect and ensure the safety of others.
You are able to manage your risks.

The Protection of Personal Information (POPI) Act is a law passed by the South African parliament, which sets the conditions that you must follow to lawfully process personal information about people.

The POPI Act is important as it protects persons (like you and me) from harm (both physical and loss of money) by requiring those who process personal information to protect it and guard against identity theft, fraud, cybercrime, spamming and information related crimes. It also ensures accountability by processors of personal information.

OnGuard processes various personal information about guards, including:
– their name, ID number, their contact details,
– information relating to their criminal and employment history,
– biometric information in the form of fingerprints and photos, and
– their movements on a property (location information).

No. This is a good thing because it means that we are not exposed to the risks associated with processing that kind of personal information (which are significant). We are not required to comply with PCI DSS.

You, the user of our products are the responsible party. Because you decide why (to control access or secure the property) and how (by monitoring or identifying) personal information will be processed. You are also accountable for ensuring we protect it. OnGuard are 100% aligned with the POPI Act and the responsible processing of personal information on your behalf.

Online Network Systems cc process personal information for you as your operator. The POPI Act requires us to secure the personal information we process for you and to only process with your authorisation. We comply with both obligations.

Yes, because it is necessary to pursue your legitimate interest to guard your property. You are authorised to process biometric information. However, you must take reasonably practicable steps to:
– disclose to the guards why you process their personal information
– ensure that their personal information is not used for other purposes.
– ensure that guard information is accurate and of good quality.
– be open and transparent about your processing;
– secure the integrity and confidentiality of it; and
– allow guards to access their information and correct it.

No. People do not have absolute fundamental rights and such rights are being justifiably and legitimately limited.

Yes, it can. If many copies of personal information exist in many different places it is exposed to a greater number of risks. If you can consolidate your personal information into one central location in the cloud, and then control the security and access to that personal information you will be protecting personal information. Using the cloud can be an effective way of protecting personal information. We are cloud based and will always be so.

Online Network Systems cc and its directors and employees give you our assurance that we:
– take appropriate and reasonable measures to secure the personal information;
– have a proven track record of protecting information; and
– are trusted by hundreds of users.

Yes, it does. Our contract ensures that you comply with your relevant obligations within the POPI Act.

We lawfully keep records (on your behalf) for as long as you reasonably require them in order to guard your property. We also keep records for as long as the law requires us to keep them and we also continue to keep records if you (or we) still continue to need them.

About this guide

Copyright © 2002 – 2014. Michalsons. All rights reserved. Copyright subsists in this work under the Copyright Act 98 of 1978. Any unauthorised act infringes copyright. We trust you to respect our copyright.

1. The content is provided for the jurisdiction of South Africa and is not suitable for other jurisdictions.
2. We give no warranty about it, and none may be implied. We are not responsible for any mistake in the information or any direct or indirect loss that may follow from it.
3. The guidance has been prepared by Michalsons and is based on their interpretation of the principles of South African law at the time of publication. The law may change due to future legislative enactments and court decisions.
4. It is a summary or opinion on general principles of law and is published for general guidance purposes only. The content does not constitute specific legal, tax, investment, accountancy or other professional advice.
5. Seek individual advice from a suitably qualified professional adviser before dealing with any specific situation.