CONSENT TO PROCESS PERSONAL INFORMATION
IN TERMS OF THE PROTECTION OF INFORMATION ACT, 4 OF 2013 (POPIA)
(Informed Consent Notice)
This Informed Consent Notice will apply to SABT.
SABT employees, and / or any other person including without detracting from the generality thereof, any juristic or natural person, full time, fixed term, part time and temporary SABT employees, prospective SABT employees, employment candidates, bursary and study recipients, SABT service providers, SABT operators, and SABT customers, governmental, provincial and municipal agencies or entities, regulators, persons making enquiries and / or other third parties, including all associated, related and /or family members of such Data Subjects or any person who may be acting on behalf of /or in a representative capacity in respect of the DATA Subject, and from whom SABT receives Personal Information, on the other hand,
- In terms of POPIA, SABT has a legal duty to process a Data Subject's Personal Information in a lawful, legitimate and responsible manner and in accordance with the provisions and the eight processing conditions set out under POPIA.
- Subject to certain exclusions, all processing of a Data Subject's Personal Information must be done with the Data Subject's permission.
- All terms and definitions contained in this Notice bear the meanings ascribed to them in POPIA.
- In order for SABT to pursue its business objectives and strategies, SABT needs to process Data Subject's Personal Information, which Personal Information will be used for a number of legitimate business purposes.
- SABT undertakes that it will only use the Data Subject's Personal Information for the aforementioned purposes and for no other, unless with the Data Subject's prior permission.
- All Personal Information which the Data Subject provides to SABT will be held and / or stored securely. In this regard SABT undertakes to conduct regular audits regarding the safety and the security of the Data Subject's Personal Information.
- Once the Data Subject's Personal Information is no longer required due to the fact that the purpose for which the Personal Information was held has come to an end and expired, 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. SABT thereafter will ensure that such Personal Information is permanently destroyed.
- SABT may from time to time have to disclose the Data Subject's Personal Information to other parties, but such disclosure will always be subject to an agreement which will be concluded as between SABT and the party to whom it is disclosing the Data Subject's Personal Information to, which contractually obliges the recipient of the Personal Information to comply with strict confidentiality and data security conditions.
- Where Personal Information and related data is transferred to a country which is situated outside the borders of South Africa, the Data Subject's Personal Information will only be transferred to those countries which have similar data privacy laws in place or where the recipient of the Personal Information is bound contractually to a no lesser set of obligations that those imposed by POPIA.
DATA SUBJECT'S RIGHTS
- The Data Subject is encouraged to make immediate contact with the SABT Information Officer at any time if you are not comfortable or satisfied with the manner in which SABT is processing the Data Subject's Personal Information. On receipt of the Data Subject's objection SABT will place a hold on any further processing until the cause of the objection has been resolved. If the Data Subject is not satisfied with such process, the Data Subject has the right to lodge a complaint with the Information Regulator.
- POPIA requires that all the Data Subject's Personal Information and related details, as supplied are complete, accurate and up to date. Whilst SABT will always use its best endeavours to ensure that the Data Subject's Personal Information is reliable, it will be the Data Subject's responsibility to advise SABT of any changes to the Data Subject's Personal Information, as and when these may occur.
- The Data Subject has the right at any time to ask SABT to provide the Data Subject with details of the Personal Information which SABT holds on the Data Subject's behalf; and/or the purpose for which it has been used provided that such request is made using the standard section 51 SABT PAIA process, which procedure can be accessed by downloading and completing the standard request for information form, housed under the SABT section 51 PAIA Manual which can be found on the SABT website.
DECLARATION AND INFORMED CONSENT
- The Data Subject, in providing the required Personal Information to SABT and / or to its Operator, confirms that the Personal Information is accurate and up to date, and consents and gives SABT permission to process and further process the Data Subject's Personal Information as and where required and acknowledges that the Data Subject understand the purposes for which the Personal Information is required and for which it will be used. The Data Subject understands that should it refuse to provide SABT with the Personal Information which is required by SABT for the purposes indicated above, and the required consent to process the aforementioned Personal Information then SABT will be unable to engage with the Data Subject or enter into any agreement or relationship with the Data Subject.
- Furthermore, should any of the Personal Information which has been provided by myself concern or pertain to a legal entity whom I represent, I confirm that I have the necessary authority to act on behalf of such Data Subject and that I have the right to provide the Personal Information and / or the required consent to use said Personal Information, on behalf of the aforementioned legal entity.
- Furthermore, should any of the Personal Information belong to any of my dependants and/or beneficiaries who are under age, I in my capacity as their legal guardian and competent person give SABT the appropriate permission to process their Personal Information for the purposes for which these details were given.