ACKNOWLEDGEMENT AND CONSENT IN TERMS OF THE PROTECTION OF PERSONAL INFORMATION ACT, No 4 of 2013 (POPI)
The Protection of Personal Information Act (POPI) aims to give effect to the constitutional right to privacy by balancing the right to privacy against that of access to information. POPI requires that personal information pertaining to individuals be processed lawfully and in a reasonable manner that does not infringe on the right to privacy. This consent form sets out how personal information will be collected, used and protected by Moonstone Business School of Excellence (Pty) Ltd (MBSE), as required by POPI. The use of the words “the individual” for the purposes of this document shall be a reference to any individual communicating with MBSE and/or concluding any agreement, registration or application, with the inclusion of each individual referred to or included in terms of such agreement, registration or application.
What is personal information?
The personal information that MBSE requires relates to names and surnames, birth dates, identity numbers, passport numbers, demographic information, education information, occupation information, health information, addresses, memberships, personal and work email and contact details.
What is the purpose of the collection, use and disclosure (the processing) of personal information?
MBSE is legally obligated to collect, use and disclose personal information for the purposes of:
- reporting on student-related data, as well as enrolments and achievements of programmes to the Department of Higher Education and Training (DHET);
- reporting enrolments and achievements of programmes to the South African Qualifications Authority (SAQA);
- reporting on student-related data, as well as enrolments and achievements of programmes to all Quality Councils under the three Qualification Sub-Frameworks registered under the NQF;
- reporting on student related data as well as enrolments and achievements of programmes to recognised and industry-renowned international qualifications authorities (e.g. The CIMA);
- communication to internal staff of the Moonstone group of companies for the purpose of executing activities related to the learning process;
- providing personalised communications; complying with the law; and/or for a purpose that is ancillary to the above.
MBSE will not process personal information for a purpose other than those which are identified above without obtaining consent to further processing beforehand.
What is ‘processing’?
POPI provides that the term “processing’’ covers any operation or activity, whether or not by automatic means, concerning personal information, including collection, receipt, recording, organisation, collation, storage, retrieval, alteration, consultation or use; dissemination by means of transmission, distribution or making available in any other form; or merging, linking, as well as restriction, erasure or destruction of information.
How will MBSE process personal information?
MBSE will only collect personal information for the purpose as stated above. Information will be collected in the following manner:
- directly from the individual;
- from the individual’s parent/legal guardian/curator in instances of an un-emancipated minor, or a person placed under curatorship by a recognised court of law;
- from an employer or other duly authorised representative who may seek or request our services;
- from education institutions, training providers, or other service providers that are providing or provided the individual with services;
- from our own records relating to our previous supply of services or responses to the individual’s request for services.
To whom will personal information be disclosed?
- The personal information may be disclosed to any of the regulating bodies as stated in the above.
- The individual’s parent/legal guardian/curator in instances of an un-emancipated minor, or a person placed under curatorship by a recognised court of law;
- The personal information may be disclosed to any third party, provided that they have obtained the relevant written consent, requesting confirmation regarding registrations and/or achievements.
Consent and Permission to process personal information:
- I hereby provide authorisation to MBSE to process the personal information provided for the purpose stated.
- I understand that withholding of or failure to disclose personal information will result in MBSE being unable to perform its functions and/or any services or benefits I may require from MBSE.
- I understand that in terms of POPI and other laws of the country, there are instances where my express consent is not necessary in order to permit the processing of personal information, which may be related to police investigations, litigation or when personal information is publicly available. I will not hold MBSE responsible for any improper or unauthorised use of personal information that is beyond its reasonable control.
Rights regarding the processing of personal information:
- The individual may withdraw consent to the processing of personal information at any time, and should they wish to do so, must provide MBSE with reasonable written notice to this effect. Please note that withdrawal of consent is still subject to the terms and conditions of any contract that is in place. Should the withdrawal of consent result in the interference of legal obligations, then such withdrawal will only be effective if MBSE agrees to the same in writing. MBSE specifically draws to the attention that the withdrawal of consent may result in it being unable to provide the requested information and/or service. Further, please note that the revocation of consent is not retroactive and will not affect disclosures of personal information that have already been made.
- In order to withdraw consent, please contact: email@example.com.
- Where personal information has changed in any respect, the individual is required to notify MBSE so that our records can be updated. MBSE will largely rely on the individual to ensure that personal information is correct and accurate. Please allow for 3 business days for change(s) to take effect.
- The individual has the right to access their personal information that MBSE has in its possession, and is entitled to request the identity of which third parties have received and/or processed personal information for the purpose. Please note, however, that any request in this regard may be declined if:
- the information comes under legal privilege in the course of litigation;
- the disclosure of personal information in the form that it is processed may result in the disclosure of confidential or proprietary information;
- giving access may cause a third party to refuse to provide similar information to MBSE;
- the information was collected in furtherance of an investigation or legal dispute, instituted or being contemplated;
- the information as it is disclosed may result in the disclosure of another person’s information;
- the information contains an opinion about another person and that person has not consented; and/or
- the disclosure is prohibited by law.
- the information comes under legal privilege in the course of litigation;
Requesting access and lodging of complaints:
- Please submit any requests for access to personal information, in writing, to MBSE at firstname.lastname@example.org.
- With any request for access to personal information, MBSE will require the individual to provide personal information in order to verify identification and, therefore, the right to access the information.
- There may be a reasonable charge for providing copies of the information requested.
If any request has not been addressed to satisfaction, a complaint may be lodged.