MT
Michael T

1 reviews | Active since Feb 2015

21 Jul 2021, 11:11

Platinum Life in violation of POPIA act !!!

Unsolicited call in violation of POPIA act !!!!

I received an SMS stating I was nominated by someone to receive a gift, then subsequently I was called directly. I asked why I was called and the caller insisted it was fine to me nominated by someone to receive a gift.

This violates my privacy. I did NOT consnet to my details being used and the person mentioned , while I do know then, I do not have any dealings with them whatsoever nor did I consent to them using my details.

My number is private for work only and you have obtained it *******ly without my knowledge or consent from a source I specifically do not trust. When I asked the caller for details in order to raise a complaint, they hung up. The number they called from does not response either.

I will be taking matters further!

0
Replies (3)
Platinum Life
Platinum Life's reply21 Jul 2021, 16:58
Official
Good Day Mr Tours 

Thank you for your post and the concern that you have raised. 

POPIA does allow for direct marketing and we assure you that we are not in breach of any of the 8 conditions that the Act prescribes. You were referred to us by someone known to you for the purpose of a free promotional gift only. 
 
Kindly note that your details have been added to our do not contact list to ensure that no further calls are made to you. 

Kind Regards

Simone Venter
Client Relationship Specialist & Client Care Supervisor 
MT
Michael T's update21 Jul 2021, 20:21
Reviewer Update
To be clear - I did not consent to my details to be given to you. I did not consent to you obtaining my details from a third party - expressly one I do not trust and in fact am conflict with.
This nonsense of free gifts does not give you some "right" to contact me.
This is an abusive process that goes further than simple direct marketing.

It is TOO LATE to add my details to your "do not contact list" - you have to prove I gave consent to be contacted, something you will surely come up lacking.

You are EASILY in breach of multiple conditions of the act:

2)Processing limitation – your business must process personal information lawfully, minimally, in accordance with the consent, justification and objection provisions, and with the data subject’s consent, unless certain exceptions apply.
YOU ARE IN BREACH - what "certain exceptions" would you say apply - That you that a third party "nominated" me for a gift so you ignored my consent ???

Nonsense !



MT
Michael T's update21 Jul 2021, 20:33
Reviewer Update
YOU DID NOT GET MY CONSENT NOR AM I A CUSTOMER OF YOUR BUSINESS !
THE ACT IS CLEAR !
Direct Marketing

POPI requires an “opt-in” system for direct marketing. From July 2021, businesses will be prohibited from approaching consumers, for direct marketing, unless:

  • the business has obtained consent; or
  • the consumer is a customer of the business.
Consent

Your business may approach a data subject only once to request the data subject’s consent:

  • in the prescribed Form 4; and
  • if consent was not previously withheld.
Your business may process the personal information of a data subject who is a customer of the business:

  • if your business obtained the contact details of the data subject in the context of the sale of a product/service;
  • for purposes of direct marketing of your business’s own similar products/services; and
  • if the data subject has been given a reasonable opportunity to object, free of charge and in a manner free of unnecessary formality