MVA FUND PRIVACY POLICY – WEBSITE PRIVACY POLICY
CONTENTS
| 1. | DEFINITIONS AND ABBREVIATIONS | 3 |
| 2. | INTRODUCTION AND SCOPE | 3 |
| 3. | DATA CONTROLLER AND DPO CONTACT | 4 |
| 4. | RESPONSIBILITIES | 4 |
| 5. | PERSONAL DATA WE COLLECT THROUGH THE WEBSITE | 4 |
| 5.1. | Information You Provide Voluntarily | 4 |
| 5.2. | Automatically Collected Data (Technical Data) | 5 |
| 6. | PURPOSE AND LEGAL BASIS FOR PROCESSING | 5 |
| 7. | COOKIES AND WEBSITE ANALYTICS | 5 |
| 8. | DATA SHARING AND THIRD PARTIES | 6 |
| 9. | CROSS-BORDER DATA TRANSFERS | 6 |
| 10. | DATA RETENTION | 7 |
| 11. | DATA SECURITY | 7 |
| 12. | YOUR RIGHTS UNDER THE DATA PROTECTION ACT | 7 |
| 13. | COMPLAINTS | 8 |
| 14. | UPDATES TO THIS POLICY | 8 |
| 15. | ASSOCIATED DOCUMENTS | 8 |
| 16. | REFERENCES | 8 |
WEBSITE PRIVACY POLICY
Effective Date:
Last Updated:
1. DEFINITIONS AND ABBREVIATIONS
“Personal Data” – Any information relating to an identified or identifiable natural person in terms of section 2 of the Data Protection Act, 2024.
“Processing” – Any operation performed on personal data, including collection, storage, use, disclosure, or deletion, in terms of section 2 of the Data Protection Act, 2024.
“Data Subject” – The individual to whom the personal data relates.
“DPO” – Data Protection Officer.
“DPA” – Data Protection Act, 2024.
“Cookies” – Small text files stored on a user’s device to enhance website functionality and analytics.
2. INTRODUCTION AND SCOPE
The Motor Vehicle Accident Fund (“MVA Fund,” “we,” “us,” or “our”) is committed to protecting your privacy and ensuring that your personal data is handled in a lawful, secure, and transparent manner.
This Privacy Policy explains how we collect, use, store, and protect personal data obtained through the MVA Fund website only, including:
- Online enquiry/contact forms
- Online complaints or feedback forms
- Online claim-related document downloads or submissions
- Email communications initiated through the website
- Cookies, analytics, and website security logs
This Policy does not apply to data collected physically at MVA Fund offices, CCTV monitoring, in-person claims processing, or employee records. Separate privacy notices will apply to physical premises, claim forms, and HR processing.
By accessing or using this website, you consent to the practices described in this policy.
3. DATA CONTROLLER AND DPO CONTACT
Data Controller: Motor Vehicle Accident Fund
Appointed Data Protection Officer (DPO): Botlhole Law Group
Primary Contact: Mr. Kgotso Botlhole
📧 kbotlhole@botlholelawgroup.co.bw
📞 +267 316 7668 or +267 75877438
4. RESPONSIBILITIES
| Role | Responsibility |
|---|---|
| Data Protection Officer (DPO) | – Monitoring compliance with data protection laws; advising on data protection obligations – serving as the primary point of contact for data subjects and the Information and Data Protection Commission. |
| IT and Website Administrators | – Implementing and maintaining appropriate technical and organisational security measures to protect personal data collected through the website, including system security, access controls, and monitoring. |
5. PERSONAL DATA WE COLLECT THROUGH THE WEBSITE
We collect the following categories of personal data when you use our website:
5.1. Information You Provide Voluntarily
Collected through forms or direct communication:
- Full name
- Email address
- Phone number
- Identity number (only if included in uploaded claim-related documents and when creating an online submission account)
- Accident or claim reference numbers (if submitted online)
- Any attachments you upload (e.g. claim forms, affidavits, medical letters)
- Messages or enquiries you submit online
5.2. Automatically Collected Data (Technical Data)
When you browse our website:
- IP address
- Browser type and version
- Device type and operating system
- Date and time of visit
- Pages viewed and time spent
- Referring website (if applicable)
- Cookies and analytics data (see Cookie Notice)
6. PURPOSE AND LEGAL BASIS FOR PROCESSING
| Purpose of Processing | Legal Basis (Data Protection Act, 2024) |
|---|---|
| Responding to online enquiries/complaints | Legitimate interest of the MVA Fund |
| Submission of and Providing claim-related information or assistance | Legal obligation under the MVA Fund Act |
| Sending requested documents or follow-ups | Consent or legitimate interest |
| Website functionality and security monitoring | Legitimate interest & legal obligation |
| Website analytics and performance improvement | Consent (Cookies) |
| Preventing fraud, cybercrime, unauthorised access | Legal obligation & legitimate interest |
| Public engagement and/or road safety awareness campaigns | Legal Obligation & Legitimate interest |
We do not sell, trade, or commercially exploit your personal data.
7. COOKIES AND WEBSITE ANALYTICS
The MVA Fund website uses cookies to enhance your browsing experience.
7.1. Types of Cookies Used
| Type of Cookie | Purpose | Requires Consent |
|---|---|---|
| Strictly Necessary Cookies | Website security, page navigation, form submission | No |
| Functional Cookies | Remembering user preferences | Yes |
| Analytical/Performance Cookies | Website usage statistics via tools like Google Analytics | Yes |
| Third-Party Cookies | Embedded media/maps (if applicable) | Yes |
You may manage or disable cookies in your browser settings. A separate Cookie Notice is provided on the website with a consent banner.
8. DATA SHARING AND THIRD PARTIES
We only share personal data collected via the website with:
| Third Party | Purpose | Location |
|---|---|---|
| Website hosting and IT service provider | Maintaining and securing the website | Botswana / Cloud |
| Email service providers | Delivering communications | Botswana / Cloud |
| Botlhole Law Group (DPO) | Data protection compliance | Botswana |
We do not publish website user data publicly. We do not share your data with advertisers or social media platforms.
9. CROSS-BORDER DATA TRANSFERS
If website hosting, backup, or analytics tools store data outside Botswana (e.g. cloud servers in South Africa or the EU):
- Transfers will comply with the Data Protection Act, 2024.
- Only to countries with adequate protection or under contractual safeguards
- Users will be informed where applicable
10. DATA RETENTION
| Data Type | Retention Period |
|---|---|
| Enquiry/Contact Form Submissions | 12–24 months or until request is resolved |
| Uploaded Claim Forms/Documents | As required to respond, then securely deleted |
| Website security logs (IP, events) | 6–12 months |
| Analytics Data | Anonymised or deleted after 14–24 months |
| Email communications | Up to 3 years for audit or legal compliance |
11. DATA SECURITY
We protect website user data using:
- SSL encryption (HTTPS)
- Secure servers and firewalls
- User access restrictions & authentication
- Anti-virus, anti-malware, intrusion monitoring via SOC
- Secure email and form submission systems
12. YOUR RIGHTS UNDER THE DATA PROTECTION ACT
As a data subject, you have the right to:
- ✔ Access your personal data
- ✔ Correct inaccurate or outdated information
- ✔ Request deletion where lawful
- ✔ Object to certain processing activities
- ✔ Withdraw consent for cookies/communications
- ✔ Lodge complaints with the Information and Data Protection Commission
To exercise your rights, contact the DPO at:
Botlhole Law Group
Primary Contact: Mr. Kgotso Botlhole
📧 kbotlhole@botlholelawgroup.co.bw
📞 +267 316 7668 or +267 75877438
13. COMPLAINTS
If you believe your data has been mishandled, you may contact:
- MVA Fund Data Protection Officer
- Or file a complaint with the Information and Data Protection Commission (IDPC) under the DPA
14. UPDATES TO THIS POLICY
This policy may be updated to reflect legal or operational changes. The updated version will be published on the website with a revised “Last Updated” date.
15. ASSOCIATED DOCUMENTS
This Policy should be read in conjunction with the following documents:
- Website Cookie Policy
- Privacy Notice
- Records Retention and Disposal Policy
- IT Policies
These documents collectively govern how personal data is processed, stored, and protected by the MVA Fund.
16. REFERENCES
This Policy is informed by and should be read together with the following:
- Data Protection Act, 2024
- MVA Fund Act and its regulations.