The South African Council for the Architectural Profession Privacy Policy

Read this Policy carefully before browsing this website or using any of our services. Take notice that your continued use of this website and our services indicates that you have both read and agree to the terms of this privacy policy. Please take notice that you cannot use this website or our services if you do not accept this policy. All sections of this policy are applicable to users unless the section expressly states otherwise.

1. Privacy

1.1 For the purposes of this section, Personal Information will be understood in accordance with the definition provided in the Protection of Personal Information Act 4 of 2013 ("the Act") and in accordance with the definition of Personal Data in Article 4(1) of the General Data Protection Regulation GDPR (EU) 2016/679.

1.2 All electronic personal information is collected as outlined in the Act. We endeavour to ensure the quality, accuracy and confidentiality of Personal Information in our possession.

1.3 In adopting this Privacy Policy, we wish to balance our legitimate regulatory mandates interests and your reasonable expectation of privacy. Accordingly, we will take all reasonable steps to prevent unauthorized access to, or disclosure of your Personal Information. However, it is impossible to guarantee that your Personal Information is be 100% secure.

1.4 In utilizing our website, using our services or otherwise if your information is submitted to us through the regulatory requirements, users may be asked to provide the following information (Personal Information):

  • 1.4.1 First Name
  • 1.4.2 Email
  • 1.4.3 Phone Number

1.5 We will attempt to limit the types of Personal Information we process to only that to which you consent to (for example, in the context of online registration, newsletters, surveys, emails, polls, and professional information), but, to the extent necessary, your agreement to this Privacy Policy constitutes your consent as contemplated in section 69 of the Act and/or Article 7 of the GDPR (whichever is applicable). Where necessary, we will seek to obtain your specific consent in future instances should we deem same required by law and where your consent herein might not be lawfully sufficient.

1.6 We will not collect, use or disclose sensitive information (such as information about racial or ethnic origins or political or religious beliefs, where relevant) except with your specific consent or in the circumstances permitted by law.

1.7 By agreeing to the terms contained in this Privacy Policy, you consent to the use of your Personal Information in relation to:

  • 1.7.1 The provision and performance of our regulatory mandates to you;
  • 1.7.2 The provision of sharing important information about regulation to you by us
  • 1.7.3 Responding to any queries or requests you may have; and
  • 1.7.4 Developing a more direct and substantial relationship with all stakeholders.

1.8 Although absolute security cannot be guaranteed on the internet, we have in place up-to-date, reasonable technical and organizational security measures to protect your Personal Information against accidental or intentional manipulation, loss, misuse, destruction or against unauthorized disclosure or access to the information we process online.

1.9 While we cannot ensure or warrant the security of any Personal Information you provide to us, we will continue to maintain and improve these security measures over time in line with legal and technological developments.

1.10 We store your Personal Information directly, or alternatively, store your Personal Information on, and transfer your Personal Information to, a central database. If the location of the central database is located in a country that does not have substantially similar laws which provide for the protection of Personal Information, we will take the necessary steps to ensure that your Personal Information is adequately protected in that jurisdiction by means of ensuring that standard data protection clauses are enforced as envisaged by the GDPR.

1.11 Your information will not be stored for longer than is necessary for the purposes described in this Privacy Policy or as required by applicable legislation.

1.12 The Personal Information we collect from users shall only be accessed by our employees, representatives and consultants on a need-to-know basis, and subject to reasonable confidentiality obligations binding such persons.

1.13 We shall have the right, but shall not be obliged, to monitor or examine any information and materials including any website link that you publish or submit to us for publishing on the Site. You shall be solely responsible for the contents of all material published by yourself.

1.14 We will not sell, share, or rent your Personal Information to any third party or use your e-mail address for unsolicited mail. Any emails sent by us will only be in connection with our regulatory statutory mandate.

1.15 We constantly review our systems and data to ensure the best possible service to our users. We do not accept any users, or representatives of users under 18 years of age or who otherwise does not have the relevant capacity to be bound by this Privacy Policy.

2. Your Rights

2.1 A user has the right:

  • 2.1.1 of access to their Personal Information stored and processed by us. This may be done by emailing us at the address referred to in clause 7.5.3 below;
  • 2.1.2 to rectification of Personal Information that we hold on a user's behalf, in instances where such Personal Information is incorrect or incomplete;
  • 2.1.3 of erasure of Personal Information ("right to be forgotten") if such information is no longer needed for the original processing purpose, alternatively if a user withdraws their consent and there is no other reason or justification to retain such Personal Information, further alternatively, if a user has objected to such Personal Information being processed and there is no justified reason for the processing of such Personal Information;
  • 2.1.4 to restrict/suspend the processing of Personal Information to only that which is strictly necessary for us to perform our services to you
  • 2.1.5 if we breach any of the terms of this Privacy Policy, to complain to the requisite data protection authority in their territory;
  • 2.1.6 to withdraw their consent at any time, if the processing of Personal Information is based on consent;
  • 2.1.7 to object to processing of Personal Information, if such processing is based on legitimate interests; and
  • 2.1.8 to object to the processing of Personal Information for direct marketing purposes.

3. Disclosure of Personal Information

We do not disclose your Personal Information to anyone outside Party.

4. Accessing or Restricting Personal Data

4.1 At any point while the SACAP is in possession of/or processing your personal data, you, the data subject, shall have the following rights:

  • 4.1.1 Right of access –the right to request a copy of the information that the SACAP holds free of charge;
  • 4.1.2 Right of rectification –a right to correct data that the SACAP holds about you that is inaccurate or incomplete.
  • 4.1.3 Right to be forgotten – in certain circumstances you can ask for the data the SACAP holds about you to be erased from SACAP records.
  • 4.1.4 Right to restriction of processing – where certain conditions apply to have a right to restrict the processing.
  • 4.1.5 Right of portability – you have the right to have the data the SACAP holds about you transferred to another organization.
  • 4.1.6 Right to object – you have the right to object to certain types of processing such as direct marketing.
  • 4.1.7 Right to object to automated processing, including profiling – you also have the right to be subject to the legal effects of automated processing or profiling.
  • 4.1.8 Right to judicial review – in the event that the SACAP refuses your request under rights of access, the SACAP shall provide you with a reason as to why

5. Log Files

5.1 When you visit the website, even if you do not create an account, please note that we may collect information, such as your IP address, the name of your ISP (Internet Service Provider), your browser, the website from which you visit us, the pages on our website that you visit and in what sequence, the date and length of your visit, and other information concerning your computer's operating system, language settings, and broad demographic information.

5.2 The above information is aggregated and anonymous data and does not identify you specifically. However, you acknowledge that this data may be used to identify you if it is aggregated with other Personal Information that you supply to us. This information is not shared with third parties and is used only within the company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above, without your explicit permission.

6. Cookies Policy

6.1 A cookie is a small piece of information stored on your computer or smartphone by the web browser. As is common practice with almost all professional websites, the SACAP site uses cookies, which are tiny files that are downloaded to your computer, to improve your experience.

6.2 This page describes what information they gather, how we use it and why we sometimes need to store these cookies. We will also share how you can prevent these cookies from being stored however this may downgrade or 'break' certain elements of the site’s functionality.

  • 6.2.1 "Session cookies": These are used to maintain a so-called 'session state' and only last for the duration of your use of the Website. A session cookie expires when you close your browser, or if you have not visited the server for a certain period of time. Session cookies are required for the Platform to function optimally but are not used in any way to identify you personally.
  • 6.2.2 "Permanent cookies": These cookies permanently store a unique code on your computer or smart device hard drive in order to identify you as an individual user. No Personal Information is stored in permanent cookies. You can view permanent cookies by looking in the cookie directory of your browser installation. These permanent cookies are not required for the website to work but may enhance your browsing experience.

6.3 There are no industry standard options for disabling cookies without completely disabling the functionality and features they add to this site. Disabling cookies will affect the functionality of this site and many other websites that you visit. Therefore, it is recommended that you do not disable cookies.

6.4 If you create an account with us then we will use cookies for the management of the signup process and general administration. These cookies will usually be deleted when you log out. However, in some cases, they may remain afterwards to remember your site preferences when logged out.

6.5 We use cookies when you are logged in so that we can remember this fact. This prevents you from having to log in every single time you visit a new page. These cookies are typically removed or cleared when you log out to ensure that you can only access restricted features and areas when logged in.

6.6 This site offers newsletter or email subscription services and cookies may be used to remember if you are already registered and whether to show certain notifications which might only be valid to subscribed/unsubscribed users.

6.7 This site offers e-commerce or payment facilities and some cookies are essential to ensure that your order is remembered between pages so that we can process it properly.

6.8 From time to time, we offer user surveys and questionnaires to provide us with insights, and helpful tools, or to understand our user base more accurately. These surveys may use cookies to remember who has already taken part in a survey or to provide you with accurate results after you change pages.

6.9 When you submit data to us through a form such as those found on contact pages or comment forms, cookies may be set to remember your user details for future correspondence.

6.10 In order to provide you with a great experience on this site, we provide the functionality to set your preferences for how this site runs when you use it. In order to remember your preferences, we need to set cookies so that this information can be called whenever you interact with a page that is affected by your preferences.

6.11 In some special cases we also use cookies provided by trusted third parties. The following section details which third-party cookies you might encounter through this site.

6.12 This site uses Google Analytics which is one of the most widespread and trusted analytics solutions for helping us to understand how you use the site and ways that we can improve your experience. These cookies may track things such as how long you spend on the site and the pages that you visit so we can continue to produce engaging content.

6.13 The cookies may track things such as how long you spend on the site or pages you visit which helps us to understand how we can improve the site for you. Features of these cookies may be used to ensure that you receive a consistent experience while on the site and ensure that we understand which optimizations our users appreciate the most.

7. Links from the website

7.1 The services available through the Website, may contain links to other third-party websites, including (without limitation) social media platforms, payment gateways, appointment scheduling and/or live chat platforms ("Third Party Websites"). If you select a link to any Third-Party Website, you may be subject to such Third-Party Website's terms and conditions and/or other policies, which are not under our control, nor are we responsible therefore.

7.2 Hyperlinks to Third Party Websites are provided "as is", and we do not necessarily agree with, edit or sponsor the content on Third Party Websites.

7.3 We do not monitor or review the content of any Third-Party Website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of other websites, either.

7.4 Users should evaluate the security and trustworthiness of any Third-Party Website before disclosing any personal information to them. We do not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

8. Processing through the use of the SACAP’s legitimate interests

8.1 Where the processing of personal data is based on the POPI Act, the legitimate interests SACAP pursues are to carry out its responsibilities as a regulatory authority, in favour of the well-being of all stakeholders including registered persons and the public and for the maintenance of the integrity and the enhancement of the status of the architectural profession.

8.2 The SACAP considers that its Registered Persons, members of the public and all stakeholders rely on being kept up to date about the regulation of the architectural profession. The SACAP collects and uses personal data to regulate the architectural profession in the interests of the public, registered persons and stakeholders.

8.3 The SACAP uses and otherwise processes data for the registration of persons in the architectural profession, the accreditation of educational programs at Educational Institutions, protection of the public, continuing professional development, and for professional skills, conduct, performance and ethics.

Transaction support

8.4 SACAP processes personal information through the administration of registration, reregistration’s, and reinstatements. As well the processing payments for registrations, reregistration’s, reinstatements, applications fees of professional practice examination, extensions of continuing professional development and other related fees.

Administrative communications

8.5 SACAP processes personal information through communicating with registered persons, members of the public and other stakeholders. Administrative communications may include responses to registered persons, members of the public and other stakeholders’ inquiries or requests including handling of complaints of improper conduct against registered persons from members of the public.

Security

8.6 Maintaining the integrity and security of our websites and services, and preventing and detecting security threats, fraud or other criminal or malicious activity that might compromise your information. We may also maintain additional security measures, such as CCTV, to safeguard our physical locations.

Business operations

8.7 Conducting ordinary business operations, verifying your identity, conducting business research, analytics, planning and strategy, corporate reporting and management, staff training and quality assurance purposes (which may include monitoring or recording calls to our customer support) and outreach

Research & innovation

8.8 Innovating new and existing new services using research and development tools and incorporating data analysis activities.

Compliance with law

8.9 Compliance with applicable laws, regulations, court orders, government and law enforcement requests, and to protect ourselves, our users and our Registered Persons, the public and other stakeholders to solve any disputes. Information collected may also be used to investigate security incidents and potential breaches of personal information, notify individuals and third parties of the breach and prepare to defend lawsuits.

Account management

8.10 When using our services, you may create sign-in credentials. When you create these credentials with your e-mail address and password, a unique identifier is created that allows you to use the same credentials for all our services. Depending on the services you are engaged with, the information associated with your credentials or account may also include delivery address, device and connection settings, and device service usage data.

Marketing and advertising

8.11 Marketing and advertising are generally seen as an important tool, but the SACAP wants to respect the wishes of its marketing recipients. Under POPIA you have an absolute right to object to direct marketing and if you wish to do so, please contact SACAP at info@sacapsa.com.

8.12 The SACAP will only process your personal data on these grounds if it is determined that the information is relevant to you or/and your organization. Material that the SACAP sends to you may be relevant based on your profile, because of the type, size or location of the field/organization that you work in, or because you are the relevant registration/post-holder for a certain set of decisions based on factors such as your location, role, seniority, and responsibilities.