PVE Protection of Personal Information - POPI

CONSENT AND ACKNOWLEDGMENTS IN TERMS OF THE PROTECTION OF PERSONAL INFORMATION ACT NO 4 OF 2013 (POPI)

Introduction

The Protection of Personal Information (POPI) Act aims to give effect to the constitutional right to privacy by balancing the right to privacy against that of access to information. The POPI Act 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 processed by Paarl Valley Eisteddfod(hereafter referred to as “PVE”). The use of the words “the party” for the purposes of this document shall be a reference to any party dealing or communicating with PVE and/or concluding any agreement, whether of employment, of service provider or client, or in any other legal capacity, with
the inclusion of each party referred to or included in terms of such exchange or agreement.

Should you be a PVE employee, board member or subcontracted in any other capacity for purposes of helping PVE to pursue and achieve its formal objectives, PVE may process personal information about you in your capacity as the data subject related to names and surnames, gender, marital status,nationality, health, disability, well-being or medical history, identity numbers, colour, race or ethnic
group, email address, physical address, telephone number, private correspondence, employment history, language, culture, criminal history or financial history and account numbers. The purpose of processing such personal information about you is to communicate directly with you, to give effect to the contract of employment or any other relevant contract with you, to protect your legitimate
interests through such performance and to comply with relevant statutory provisions.

Should you be a parent or a guardian of a minor participating in PVE activities, a judge at Eisteddfod events involving PVE in any manner, or any other person or institution participating in any manner whatsoever in PVE activities, PVE may process personal information about you in your capacity as the data subject related to names, surnames, identification numbers, age, email addresses, physical addresses, telephone numbers, and health. Should you be the parent or guardian of a minor, in processing personal information about children whether any or all of the above categories PVE will strictly comply with the legislative guidelines as set out in Section 35 of the POPI Act involving the general authorisation concerning personal information of children. This simply means that PVE does require your consent to process the personal information of your child or that of the minor under your guardianship. Whether a parent or a guardian of a minor participating in PVE activities, a judge at Eisteddfod events involving PVE in any manner, or any other person or institution participating in any manner whatsoever in PVE activities, the purpose of processing such personal information about you or the child is firstly to communicate directly with you in order to pursue PVE’s legitimate interests and objectives, to protect your or the child’s legitimate interests through such performance and to comply with relevant statutory provisions.

PVE will only collect personal information for the purposes as stated above. As part of the processing of personal information about you, of your child, or that of the minor under your guardianship, PVE will collect such information from you, through your status as employee, sub-contractor, parent, guardian, child, judge at events, business relation, or otherwise. It may also collect such information from institutions such as schools and other educational or art institutions, and from its own records related to you, your child or the minor under your guardianship. As part of the processing of personal information about you, of your child or that of the minor under your guardianship PVE may also disclose such personal information to statutory institutions such as the relevant public or equivalent entities, art institutions, or other third parties agreed to in writing with you the data subject or in your capacity as parent of a child or guardian of a minor.

Consent and permission to process personal information

Through reading this statement you are explicitly requested to resolve whether you consent to PVE processing your personal information or that of your child or child under your guardianship by responding to the consent request. Should you not consent to PVE processing your personal information, or that of your child or child under your guardianship, the consent request allows for the
data subject to opt out. Should you not respond, your consent for PVE to process your personal information is implied. Should you choose to opt out from PVE processing your personal information, you understand that withholding consent or failure to disclose personal information will result in PVE being unable to perform its functions and/or any services it pursues as a private institution of arts.

You also indemnify and hold PVE harmless in respect of any claims against PVE by any other person on whose behalf you have consented should they claim that you were not so authorized. You furthermore understand that in terms of the POPI Act and other laws of the country, there are instances where your 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. You will not hold PVE responsible for any improper or unauthorized use of personal information that is beyond its reasonable control.

Your rights regarding the processing of personal information

You may withdraw consent to the processing of personal information about you in your capacity as data subject, or of your child or that of the minor under your guardianship at any time, and should you wish to do so, you must provide PVE with reasonable notice to this effect. Please note that withdrawal of consent is still subject to the terms and conditions of any agreement that is in place between yourself and PVE. Should the withdrawal of consent result in the interference of legal obligations, then such withdrawal will only be effective if PVE agrees to same in writing. PVE specifically draws to the attention the fact that the withdrawal of consent may result in it being unable to provide the requested information and/or products and/or services and/or other benefits it is known to pursue. 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 the PVE Information Officer at pve@zamail.co.za

Where personal information about you in your capacity as data subject, or of your child or that of the minor under your guardianship has changed in any respect, you are encouraged to notify PVE so that its records may be updated. PVE will largely rely on you to ensure that personal information for purposes herein is correct and accurate.

You have the right to access your personal information or that of your child or child under your guardianship that PVE may have in its possession and you are entitled to request the identity of which third parties have received and/or processed personal information for the purpose agreed to. 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 information,
- giving access may cause a third party to refuse to provide similar information to PVE,
- 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, or
- the disclosure is prohibited by law.


Requesting access and lodging of complaints

Please submit any requests for access to your personal information or that of your child or child under your guardianship in writing to the PVE Information Officer at pve@zamail.co.za With any request for access to personal information, PVE will require you 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.

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