CONSENT TO PROCESS PERSONAL INFORMATION IN TERMS OF THE PROTECTION OF INFORMATION ACT, 4 OF 2013 (POPIA), FOR STAKEHOLDERS EXTERNAL TO THE TECH ALLIANCE (PTY) LTD
For use by:
TECH ALLIANCE (PTY) LTD including all its divisions
- INTRODUCTION
The Protection of Personal Information Act, 4 of 2013, (POPIA) regulates and controls
the collection, storage, use, transfer, and processing of a person s (in some instances a
Personal Information. In terms of the POPI Act, TECH ALLIANCE (PTY) LTD has a legal duty to process a person Personal Information in a lawful, legitimate and responsible manner.
TECH ALLIANCE (PTY) LTD does and will from time-to-time process Personal Information. In terms of POPIA all persons, including any TECH ALLIANCE (PTY) LTD employee and/or partner who collects, manages, processes, transfers, stores and/or retains such Personal Information, whether held under a document, recording or in any other format, has a responsibility to process such information in accordance with the provisions under POPIA.
In order to discharge this duty, TECH ALLIANCE (PTY) LTD as the responsible party requires your express and informed permission to process your Personal Information for the purpose of providing any products and services.
- DEFINITIONS
Take note of the following definitions which will be used throughout this document, and
which are used in the POPIA.
“biometrics” means a technique of personal identification that is based on physical,
physiological, or behavioural characterisation including blood typing, fingerprinting, DNA
“child” means a natural person under the age of 18 years who is not legally competent,
without the assistance of a competent person, to take any action or decision in respect of
any matter concerning him-or herself;
“competent person” means any person who is legally competent to consent to any
action or decision being taken in respect of any matter concerning a child;
“consent” means any voluntary, specific and informed expression of will in terms of which
permission is given for the processing of Personal Information;
“data subject” means the person to whom Personal Information relates;
“operator” means a person who processes Personal Information for a responsible party
in terms of a contract or mandate, without coming under the direct authority of that party;
“person” means a natural person or a juristic person;
“Personal Information” means information relating to an identifiable, living, natural
person, and where it is applicable, an identifiable, existing juristic person, including, but
not limited to
(a) information relating to the race, gender, sex, pregnancy, marital status, national, ethnic
or social origin, colour, sexual orientation, age, physical or mental health, well-being,
disability, religion, conscience, belief, culture, language and birth of the person;
(b) information relating to the education or the medical, financial, criminal or employment
history of the person;
(c) any identifying number, symbol, e-mail address, physical address, telephone number,
location information, online identifier, or other particular assignment to the person;
(d) the biometric information of the person;
(e) the personal opinions, views, or preferences of the person;
(f) correspondence sent by the person that is implicitly or explicitly of a private or
confidential nature or further correspondence that would reveal the contents of the original
(g) the views or opinions of another individual about the person; and
(h) the name of the person if it appears with other Personal Information relating to the
person or if the disclosure of the name itself would reveal information about the person.
“processing” means any operation or activity or any set of operations, whether or not
by automatic means, concerning Personal Information, including
(a) the collection, receipt, recording, organisation, collation, storage, updating or
modification, retrieval, alteration, consultation or use;
(b) dissemination by means of transmission, distribution or making available in any other
form; or
(c) merging, linking, as well as restriction, degradation, erasure or destruction of
information;
“record” means any recorded information
(a) regardless of form or medium, including any of the following:
(i) Writing on any material;
(ii) information produced, recorded or stored by means of any tape-recorder, computer
equipment, whether hardware or software or both, or other device, and any material
subsequently derived from information so produced, recorded or stored;
(iii) label, marking or other writing that identifies or describes anything of which it forms
part, or to which it is attached by any means;
(iv) book, map, plan, graph or drawing;
(v) photograph, film, negative, tape or other device in which one or more visual images
are embodied so as to be capable, with or without the aid of some other equipment, of
being reproduced;
(b) in the possession or under the control of a responsible party;
(c) whether or not it was created by a responsible party; and
(d) regardless of when it came into existence;
“responsible party” means a public or private body or any other person who, alone or
in conjunction with others, determines the purpose of and means for processing personal information;
Examples of Personal Information include
A person s name and address (postal and email)
Date of birth
Statements of fact (factual statements)
Any expression or opinion communicated about an individual
Minutes of meetings, reports
Emails, file notes, handwritten notes, sticky notes
Photographs and virtual meeting and CCTV footage if an individual can be identified by
the footage
Employment and student applications
Spreadsheets and/or databases with any list of people set up by code or student/staff
Employment number
Employment or education history
Special Personal Information Includes:
Any information relating to an individual s:
Ethnicity
Gender
Religious or other beliefs
Political opinions
Membership of a trade union
Sexual orientation
Medical history
Offences committed or alleged to have been committed by that individual
Biometric details
Children s details
- PURPOSE FOR THE COLLECTION
3.1 The purpose for the collection of your Personal Information and the reason
why TECH ALLIANCE (PTY) LTD requires your Personal Information is to enable TECH ALLIANCE (PTY) LTD to:
3.1.1 comply with lawful obligations, including all applicable labour, tax and
financial legislation and/or the B-BBEE laws;
3.1.2 to give effect to a contractual relationship as between you and TECH ALLIANCE (PTY) LTD and in order to ensure the correct administration of the relationship;
3.1.3 for operational reasons including the conducting of research;
3.1.4 to protect the legitimate interests of TECH ALLIANCE (PTY) LTD, yourself or a third party;
3.2 All Personal Information which you provide to TECH ALLIANCE (PTY) LTD will only be used for the
purposes for which it is collected.
- CONSEQUENCES OF WITHOLDING CONSENT OR PERSONAL
INFORMATION
Should you refuse to provide TECH ALLIANCE (PTY) LTD with your Personal Information which is required by TECH ALLIANCE (PTY) LTD for the purposes indicated above, and the required consent to process the aforementioned Personal Information, then TECH ALLIANCE (PTY) LTD will be unable to engage with you or enter into an agreement or relationship with you.
- STORAGE AND RETENTION AND DESTRUCTION OF INFORMATION
5.1 All Personal Information which you provide to TECH ALLIANCE (PTY) LTD will be held and/or stored
securely and held for the purpose for which it was collected, as reflected above.
5.2 Your Personal Information will be stored electronically in a centralised data
base, which, for operational reasons, will be accessible to authorised persons within
TECH ALLIANCE (PTY) LTD.
5.3 Where appropriate, some information may be retained in hard copy.
5.4 In either event, storage will be secure and audited regularly regarding the
safety and the security of the information.
5.5 Once your Personal Information is no longer required due to the fact that the
purpose for which the information was held has expired, such Personal Information will
be safely and securely archived for a period of 5 years or longer, especially should this
be required by any other law applicable in South Africa. Thereafter, all your Personal
Information will be permanently destroyed.
- ACCESS BY OTHERS
The TECH ALLIANCE (PTY) LTD may from time to time have to disclose your Personal Information to other parties, and entities regulators and/or governmental officials but such disclosure will always be subject to an agreement which will be concluded between TECH ALLIANCE (PTY) LTD and the party to whom it is disclosing your Personal Information, which contractually obliges the recipient of the Personal Information to comply with strict confidentiality and data security conditions.
- RIGHT TO OBJECT
In terms of section 11(3) of POPIA you have the right to object in the prescribed
manner to TECH ALLIANCE (PTY) LTD processing your Personal Information. On receipt of your objection TECH ALLIANCE (PTY) LTD will place a hold on any further processing until the cause of the objection has been resolved.
- ACCURACY OF INFORMATION AND ONUS
POPIA requires that all your Personal Information and related details, as supplied are
complete, accurate and up-to-date. Whilst TECH ALLIANCE (PTY) LTD will always use its best endeavours to ensure that your Personal Information is reliable, it will be your responsibility to advise TECH ALLIANCE (PTY) LTD of any changes to your Personal Information, as and when these may occur.
- ACCESS TO THE INFORMATION BY THE DATA SUBJECT
You have the right at any time to ask the TECH ALLIANCE (PTY) LTD to provide you with the details of any of your Personal Information which the TECH ALLIANCE (PTY) LTD holds on your behalf; and the details as to what TECH ALLIANCE (PTY) LTD has done with that Personal Information on our website at https://tech-alliance.co.za/contact/
- COMPLAINTS
You have the right to address any complaints regarding the processing of your
Personal Information to the TECH ALLIANCE (PTY) LTD Information Officer at admin@tech-alliance.co.za or you may approach to the Information Regulator (complaints.IR@justice.gov.za)