INTRODUCTION
Section 14 of the Constitution of the Republic of South Africa, 1996, provides that everyone has the right to privacy; furthermore, the Protection of Personal Information Act, 4 OF 2013 (POPI) further reiterates that the right to privacy includes a right to protection against the unlawful collection, retention, dissemination, and use of personal information.
According to section 18 of the Act, if personal information is collected, the responsible party must take reasonably practicable steps to ensure that the Data Subject is made aware of the information being collected and where the information is not collected from the Data Subject, the source from which it is collected, subject to certain exceptions, including those where the collection of information is required for a contractual or legal purpose and / or is required for the purpose of protecting the legitimate interests of the Institution.
CONSENT
Following this Safe-T-Con (STC) as a Responsible Party has a legal duty to get permission to use any Personal Information (PI) owned by a “Data Subject, unless this PI is required as a result of a legal duty or obligation imposed on STC or such PI is required for a contractual or legal purpose and / or is required for the purpose of protecting the legitimate interests of the DSI or the Data Subject.
STC is committed to providing superior service, while protecting client privacy and personal information. We never give, rent, or sell any information that could identify any individual client to any person or organization without the client’s consent. Our privacy principles and policies are based on the Protection of Personal Information Act.
To provide a professional and effective service we need to keep a record of personal information. This is information such as your name and contact details, the person to contact at your company and details of you volunteering to study through us.
All personal information is treated as private and confidential by all staff. It is recorded on a database and/or in a paper file. You have the right to see any information that we hold about you, and to have your details removed.
We may compile statistical information for monitoring purposes, but this will never include references to a particular individual.
PURPOSE FOR THE COLLECTION
The reason why STC requires your Personal Information is to enable us to register you as a client with STC and / or to register you as a student on the databases of STC and the relevant SETA. It is also to enable us to provide you with an attendance -, or training -, or competency certificate correctly identifying you as the recipient of the certificate and qualification. In accordance with POPI, STC hereby provides the following information: Type of information: Name, Surname, Curriculum Vitae, ID, Academic Record, Address, Contact Numbers, Email Address, Employer Details and any other related information required by the relevant SETAs in order to ensure the academic progression of the student as required by the academic programme.
Purpose:
Required for purposes of registering the student in order to ensure the academic progression of the student as required by the academic programme and/or for protection of the legitimate interests of the parties and/or in terms of legislation.
Source:
From the student directly or from the Employer of the student.
Voluntary / Mandatory:
The student and / or client is required to provide the information voluntarily and understands that same is mandatory for purposes of the academic programme and the academic
progression of the student.
Consequences of failure to provide:
Failure to provide the information will result in a failure to register the student with the
relevant and applicable SETA in terms of the academic regulations. This will result in the student not completing all the required modules which in turn may result in the student not obtaining the qualification for which the student was enrolled.
Access and right to amend:
You have the right to access and amend his/her personal information at any reasonable time.
Recipients of personal information:
STC, relevant and applicable SETAs and government structures. Where necessary the information may be shared with other similar institutions.
Storage and Retention and Destruction of Information:
All Personal Information which you provide to STC will be held and/ or stored securely for the purpose as stated above. Your Personal Information will be stored electronically in a database and will only be accessible to authorised personnel within the company. Some information will be retained in hard copy for the relevant and applicable SETAs. In either event, storage will be secure and audited regularly regarding the safety and the security of the information. Once this information is no longer required, due to the fact that you no longer need STC as a training service provider, such Personal Information will be safely and securely archived for a period of 7 years, as per the requirements of the Companies Act, 71 of 2008, or longer, should this be required by any other law applicable in South Africa. Thereafter, all your Personal Information will be permanently destroyed.
Right to Object:
In terms of S11 (3) of the POPI, you have the right to object in the prescribed manner to the Company processing your Personal Information. On receipt of your objection the Company will place a hold on any further processing until the cause of the objection has been
resolved. However, such objection may lead to the student not being properly registered, as the information is required for valid reasons.
Accuracy of Information and Onus:
POPI requires that all your Personal Information and related details supplied, are complete, accurate and up to date. Whilst STC will always use its best endeavours to ensure that your Personal Information is reliable, it will be your responsibility to advise STC of any changes to your Personal Information, as and when these may occur.