Acknowledgment and consent in terms of the protection of personal information act, No 4 of 2013 (POPI)

Introduction

The Protection of Personal Information Act, 4 of 2013 (“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 policy sets out how personal information will be collected, used and protected by Person Institute of Higher Education (Pty) Ltd (“PIHE”), as required by POPI. The use of the words “Data Subject” for the purposes of this document shall be a reference to any individual communicating with PIHE in regards to tuition funding options available 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. Whilst the use of the words “Student” will apply to the personal Information provided by a Potential Student of a Data Subject, in the case where the Potential Student is under the age of 18 years (and thus considered to be a minor child for the purposes of POPI) with the requisite consent of the Parent/Guardian (who may also be the Data Subject). 

What is personal information?

Personal information shall have the same meaning ascribed to it in Chapter 1 of POPI and includes, but is not limited to, the full name, address, email address, telephone number, cellular phone number, fax number, fingerprints, criminal history, education, or any other personal credentials provided, or which is collected from the Data Subject and/or Student upon application to PIHE.  

What is processing in terms of POPI?

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.

What is the need/purpose for which PIHE will collect and use (Processing) your Personal Information?

The personal Information collected by PIHE may be used by PIHE for the following purposes: 

(a) PIHE will use the personal information, provided by the Data Subject and/or Student (with the consent of the Data Subject), to provide you with updated Marketing information of PIHE, in so far as courses offered as well as financial obligations attached to such courses (Direct Marketing);

(b) In order that PIHE may send the personal information provided to them to Via Battisini (Pty) Ltd t/a Manati Alternate Student Funding (“MASF”), via the Quick Check Authorisation and Applications forms provided, in order that MASF can advise as to student funding options.  

(c). In order for MASF to make enquiries into the credit record of the Data Subject with any credit reference agency and any other party in order to confirm the information provided to them pursuant to an application for student funding.

(d) To enable MASF to contact the Data Subject/Student in order to be provided updated information, should the need arise. 

(e) In order that MASF be able to carry out identity and fraud prevention checks and sharing such information relating to the South African Fraud Prevention Services.

(f) To enable MASF as well as any of its verification information suppliers to conduct background screening checks including, but not limited to, credit, proof of income, fraud prevention and Identity verification. 

(g) At any stage you, as the Data Subject as well as the potential student, will be able to opt out from receiving any further communication from PIHE in so far as its services offering as well as the financial obligations attached to such service offering.  

How will PIHE process personal Information?

PIHE will only collect personal information for the purpose set out above, and will only do so in the following manner:

(a) Directly from the Data Subject (subject to point (b) below);

(b) From the Student’s parent/legal guardian (“Competent Person”) in instances where the Potential Student is under the age of 18 years;

To whom will personal Information be disclosed?

PIHE undertakes that once in possession of the Data Subject’s personal information, it will only disclose such personal Information to MASF. The personal information collected, in terms of this process, is for the purposes set out above in order to allow MASF to contact, advise and liaise with the Data Subject/Student (as a potential student of PIHE) with a view of assisting the Student/Data Subject in regard to potential student funding. 

Consent regarding the processing of personal Information:

By providing to PIHE the information requested, as well as by signing this document, both the Data Subject and/or Student, hereby provide authorisation to PIHE to process the personal information provided for the stated purpose as contained above. 

The Data Subject/Student acknowledges and understands that verification process (mentioned above) will provide the necessary background screening process as required by the National Credit Act, 34 of 2007 (the “NCA”). By not providing this information will result in MASF not being able to provide assistance in regard to Student Funding.  

Privacy is important to both PIHE and MASF (as Responsible Party and Operator respectively), and as Responsible Party and Operator they will use all reasonable efforts to ensure that any Personal Information provided to them and in their possession will be stored in a secure manner and processed in strict compliance with POPI, and for the purposes for which the Data Subject/Student has authorised. 

By submitting any personal information to MASF in any form the Data Subject/Student acknowledges that such conduct constitutes a reasonable unconditional, specific and voluntary consent to the processing of such personal information, for the purposes of: 

(a) Personal Information may be shared within the MASF group and may be shared by the MASF with the Verification Information Suppliers for verification and other legitimate purposes;

(b) Personal Information may be shared by the Verification Information Suppliers with MASF. The Personal Information may be further stored by MASF for the purposes of continued or further credit eligibility checks of for any other legitimate purpose as per the NCA; and

(c) Personal Information may be stored for a reasonable period by MASF and/or Verification Information Suppliers.

In addition to the above, the Data Subject/Student warrants that all information provided (including personal information) supplied to both PIHE and MASF is accurate and current. The Data Subject/Student agrees to update and correct such Information where and when necessary. 

Rights regarding the processing of personal information: 

The Data Subject as well as the Student may withdraw their consent, at no costs to the Data Subject and/or Student, to the processing of personal information at any time. Should they wish to do so, they must provide PIHE and MASF with written notification to this effect. Upon receipt of such written notification to PIHE and MASF, PIHE and MASF will immediately cease processing any personal information provided to it pursuant to the above process. 

In order to withdraw consent, please contact:  Info@pihe.co.za and/or info@manati.co.za

The Data Subject has the right to access their personal information that PIHE has in its possession.

Requesting access and lodging of complaints:

The Data Subject and/or Student is advised that should PIHE and/or MASF utilise personal information contrary to these Privacy and Data Protection conditions, the Data Subject/Student (as the case may be) must first approach PIHE and/or MASF with a view of resolving the issue. Should they not be satisfied with the process (by PIHE and MASF), they will then have the right to lodge a complaint with the Information Regulator. 

Please submit any requests for access to personal information, in writing, to PIHE at Info@pihe.co.za

With any request for access to personal information, PIHE and MASF 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.

A copy of the Personal Information provided will be kept by PIHE and MASF and will be furnished to the Data Subject/Student upon request and in compliance with POPI and the NCA and that the Data Subject/Student may dispute any information in the record provide. 

In consenting to the processing of the Personal Information (for the purposes mentioned above), the Data Subject/Student confirms that they have not been forced/coerced into signing and/or providing the abovementioned Personal Information.