Waco Training Academy
POPI Act
1.1 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.
1.2 WTA’s POPI policy and this consent form set out how personal information will be collected, used and protected by WTA, as required by POPI. The use of the words ‘The individual’, for the purpose of this document, shall be with reference to any individual communicating with WTA 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.
The contents of this policy are applicable to all clients of the Company, and has been introduced to protect confidential personal information that has been made available to the Company by any consumer/client or any party who has disclosed any information of a private or business nature, business transactions, contracts or communication, and will be deemed to be necessary for the records pertaining to the Company.
The information officer is the custodian of this policy, as it is the responsibility of the information officer to ensure that this policy is incorporated and implemented, and that training are provided to all parties concerned regarding the contents of POPI.
However, it remains the duty and responsibility of all customers/clients to make themselves aware of, and to familiarize themselves with, the content and application of this document.
3.1 The personal information that WTA requires relates to names, surnames, date of birth, identity numbers, passport numbers, demographic information, education information, occupation information, health information, addresses, memberships, personal and work email, and their contact details.
3.2 In addition, the particular mandate and operations of WTA may result in the processing of special personal information. This may be highly sensitive information relating to race and ethnic origin, where information constitutes such special personal information, or is reasonably likely to include special personal information, this will be drawn to the data subject’s attention and processing will occur in strict compliance with POPI.
The purpose of this policy is to incorporate the requirements of POPI into the daily operations of the Company, and to ensure that these requirements are documented and implemented in the business processes.
The objective of this policy is to ensure the constitutional right to privacy, with regards to:
i. safeguarding of personal information;
ii. the regulation and processing of personal information;
iii. the execution of the prescribed requirements for the legal processing of personal information; and
iv. the protection of free flow of personal information.
The Company and its employees shall adhere to this policy, concerning the management of all personal information received from, but not limited to natural persons, employees, clients, suppliers, agents, representatives and partners of the Company, to ensure compliance is applied to this Act and adherence to the applicable regulations and rules relating to the protection of personal information.
4.1 WTA is legally permitted to collect, use and disclose personal information for the following purposes:
4.1.1 Assessing, processing and entering into applications
4.1.2 Confirming and verifying a person’s identity
4.1.3 Providing personalized communication
4.1.4 Auditing and record-keeping
4.1.5 Compiling statistics and research reports
This is in connection with legal proceedings; with (and to comply with) legal and regulatory requirements, or when it is otherwise allowed by law, and/or for a purpose that is ancillary to the above and for any other purpose for which consent is provided by the data subject.
4.2 WTA will not process personal information for a purpose other than those identified above, without obtaining consent to further processing beforehand.
POPI provides that the term ‘processing’ covers any operation or activity concerning personal information, whether by automatic means or not. Such activity may include, but is not limited to, collection, receipt, recording, organization, storage, collation, retrieval, alteration, updating, distribution, dissemination by means of transmission, erasure or destruction of personal information.
Whenever possible, we will inform the client of the information they are required to provide to us, and the information that is optional. Examples of personal information we collect includes, but is not limited to the clients’ identity number, name, surname, address and postal code.
6.1 WTA will only collect personal information for the purposes stated above. Information will be collected in the following manner:
6.1.1 Directly from the data subject
6.1.2 From an agent, relative, employer, work colleague or other duly authorized representative that WTA may approach
6.1.3 From WTA’s own records relating to its previous provision of assistance or responses to the data subject’s request for services.
7.1 The personal information may be disclosed to service providers, such as professional bodies that operate across the borders of this where personal information must be sent in order to provide the information, services and/or benefits requested or applied for.
7.2 Personal information may be disclosed in compliance with WTA’s legal obligations, or where it may be necessary in order to protect WTA’s rights.
7.3 In the event that WTA does disclose personal information, it shall take all reasonable steps to ensure that the information is protected by the recipient.
7.4 In the event of another party/other parties acquiring all or a portion of WTA’s mandate or functions, personal information will be disclosed to that party, but it will be equally obliged to protect personal information in terms of POPI. Certificates will be distributed to the Waco branch/Site who have requested training.
8.1 I hereby provide authorization to WTA to process the personal information provided for the purpose stated, which has been fully explained to me.
8.2 I understand that withholding of or failure to disclose personal information will result in WTA’s records being incomplete and may negate any performance on WTA’s part.
8.3 Where I shared personal information of individuals, other than myself, with WTA, I hereby provide consent on their behalf to the collection, use and disclosure of their personal information in accordance with this consent provided and I warrant that I am authorized to give this consent on their behalf.
8.4 To this end, I indemnify and hold WTA harmless in respect of any claims by any other person on whose behalf I have consented, against WTA, should they claim that I was not so authorized.
8.5 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 where personal information is publicly available. I will not hold WTA responsible for any improper or unauthorized use of personal information that is beyond its reasonable control.
9.1 The individual may withdraw consent to the processing of personal information at any time, and should they wish to do so, must provide WTA’s information officer/Admin 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 WTA agrees to the same in writing. WTA specifically draws attention to the fact that the withdrawal of consent may result in it being unable to provide the requested information, services and/or other benefits. Further, please note that the revocation of consent is not retroactive and will not affect disclosures of personal information that have already been made.
9.2 An individual has the right to ask WTA to amend or delete their personal information on reasonable grounds.
9.3 In order to withdraw consent, or otherwise request an amendment or deletion of personal information, please contact CandiceC@wacoafrica.co.za.
9.4 Where personal information has changed in any respect, the individual is encouraged to notify WTA so that our records may be updated. WTA will largely rely on the individual to ensure that personal information is correct and accurate.
9.5 The individual has the right to access any personal information that WTA may have in its possession, and is entitled to request the identity of any third parties that have received and/or processed such personal information, as well as the details of how that information was collected. Requested information will be provided within a reasonable time but may be declined on reasonable and/or legal grounds.
10.1 Please submit any requests for access to personal information in writing to WTA’s administrator at CandiceC@wacoafrica.co.za.
10.2 With any request for access to personal information, WTA will require the individual to provide personal information in order to verify identification and therefore the right to access the information.
10.3 There may be a reasonable charge for providing copies of the information requested.
10.4 If any request has not been addressed to the individual’s satisfaction, a complaint may be lodged at the office of the Information Regulator.
11.1 Amendments to this policy will take place on an ad hoc basis, or at least on an annual basis. Clients are advised to check our website periodically to inform themselves of any changes. Where material changes take place, clients will be notified directly.
Contact
- +27 11 842 4000
- info@wacotraining.co.za
- 181 Barbara Road, Elandsfontein, Gauteng, 1600
LEVEL 2
BBBEE COMPANY
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0800 205 065
