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Sections of the Personal Protection Act commence 1 July 2020

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The long wait has come to an end and sections of the POPIA act will commence on 1 July 2020.

We received this communication from the Direct marketing association yesterday (June 23rd)


” President Cyril Ramaphosa has declared the commencement of certain sections in the POPI Act. Sections 2 to 38; sections 55 to 109; section 111; and section 114 (1), (2) and (3) will be in force as of Wednesday, 1 July 2020. “


You can familiarise yourself with the POPIA Act 2013 here: justice.gov.za/inforeg/docs/InfoRegSA-POPIA-act2013-004.pdf?ct=t(EMAIL_CAMPAIGN_6_23_2020_10_21)&mc_cid=aef5f5bb61&mc_eid=297a8dbb28


Now because we supply direct marketing services, the POPIA act will change our business operations as follows:


Data supply


We are registered members of the direct marketing association. We will still continue to supply compliant data based on the following terms:


1. We will not supply any clients with sensitive information eg. id numbers.

2. All data supplied is fully compliant and from legitimate sources that are vetted. Here are links to 2 of our compliant list options:

https://www.jkms.co.za/b2c-data-lists-south-africa/

https://www.jkms.co.za/loan-decline-data-records

3. All data orders will be deduped against the National opt out list and valid for 30 days. This means that you may use and keep the data no longer than 30 days. Clients that need data for longer will have to contact us after 30 days to notify us of your intention. We would need to re-run the compliance to cover you for 30 days going forward.

4. All data sold from 1 July 2020 will be subject to the POPIA regulations and you will have to comply immediately. The grace period only applies to data purchased before 1 July 2020.

5. No data purchased from us will be allowed to be resold to 3rd parties. We only cover compliance for clients that purchase directly from us.

6. Any client that accepts data from JK Marketing Solutions will have to comply with the act. You would need to ensure the data is protected and you can provide the data subject with proof of their information if they request it.

7. We will no longer email data files. All files will be stored on a secure drive and we will send you a password protected link.


Direct marketing by means of unsolicited electronic communications

69. (1) The processing of personal information of a data subject for the purpose of direct marketing by means of any form of electronic communication,including automatic calling machines, facsimile machines, SMSs or e-mailis prohibited unless the data subject—(a) has given his, her or its consent to the processing; or(b) is, subject to subsection (3), a customer of the responsible party.(2) (a) A responsible party may approach a data subject—(i) whose consent is required in terms of subsection (1)(a); and(ii) who has not previously withheld such consent,only once in order to request the consent of that data subject.(b) The data subject’s consent must be requested in the prescribed manner and form.


Email marketing campaigns


We have built our email database up over years so we will have a grace period to still use our data. We will continue our email campaigns but they will change to align with POPIA regulations.

1. We will not run any sales campaigns. In terms of direct marketing you are allowed to make contact with a person that has not given prior consent. You may contact them to opt in (provide consent) as long as they have not previously withheld consent. To comply we will assist with opt in or “awareness campaigns” for clients. All lists will be deduped before every send.


2. We are introducing an opt in marketing system based on interest. Clients will be able to advertise to our opt in subscribers through our listing system. Details will follow in July.

3. We are able to help clients set up and manage their email opt in system. This includes segmentation and setting up psycho-graphic targeting. With limited access to information, companies need to rely on other methods to get to know their clients. This will help you build a profile on your client without sensitive information.


SMS marketing campaigns


1. We will run SMS campaigns to grow subscriber lists only. No direct sales campaigns
2. All lists are checked against the national opt out list before we send.


12 month grace period


From 1 July 2020 we will have a grace period to comply with the regulations. Please note that his grace period will only apply to data that is purchased before 1 July 2020. The grace period buys you time to hold the data and convert them to opt -in subscribers through campaigns. The benefit is you will be able to hold this data longer in your possession. This will allow you to buy in bulk and hold the data and use it over the period.

Bulk Lists for sale


We have bulk lists available for sale until Tuesday 30 June 2020. If you would like to buy bulk data then please do email me at judy@jkms.co.za or contact me on my cell 081 270 1487. Let me know what you are looking for and your budget and then I will provide you with options that we can sell you. This is the last chance now to stock up so please do get in touch before 30 June 2020.

We also provide list cleaning services, email marketing servers and a sms marketing platform to help you build your opt in database.

Do get in touch to find out how we can help you prepare for POPIA.

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