Our Privacy Statement – POPIA MANUAL


Definitions:  
We, us and our refers to Pirisian Business Enterprises t/a Personnel-ex-l Training Services, an closed corporation, registered under the company laws of the Republic of South Africa, registration number, 2001/085881/23. The principle place of business is situated at Farm Kareekraal, Gedeelte Beentjieskraal 399 (R30) Klerksdorp, 2570.
You and your refers to you as the client of company in your personal capacity, as well as the employees employed by you, who are entering into the training programs with us.
Your personal information refers to personal information about you, your company, your employees and any other information pertaining to the mandate given to us by you.
Process information means the automated or manual activity of collecting, recording, organising, storing, updating, distributing and removing or deleting personal information.
Competent person means anyone who is legally competent to consent to any action or decision being taken for any matter concerning him/ herself or their spouse (if married in community of property)

Purpose of this Privacy Statement
When you engage with us, you trust us with personal information about yourself, your company and your employees. We are committed to protect your right to privacy. We will take all reasonable steps to keep the personal information safe and confidential. The purpose of this Privacy Statement is to set out how we collect, use, share and otherwise process personal information, in line with the Protection of Personal Information Act. (“POPIA”)

Indemnification
Each party accepts responsibility to the extent that the processing activities of personal information fall under the control of that party and agrees to indemnify the other party against any loss or damage direct, or indirect, that a party should suffer because of any unauthorised use of information, but only if the processing of that information is controlled by that party.

Acceptance is voluntary
You have the right to object to the processing of the personal information. It is voluntary to accept these terms and conditions. However, we require your acceptance to provide you with our services. We will only collect and process personal information for valid and lawful reasons. The acceptance of these terms and conditions and the permission given to process the personal information will continue after death.

We keep personal information confidential
We will keep personal information confidential. We receive this said information directly from you as the responsible person for your company. If you share your information with any third party, we will not be responsible for any loss that you may suffer.

Authority to act for other people
You warrant that when you give us personal information about third parties (your employees), that you have received their permission to share their information with you. You understand that when you include your employees in the mandate, we will process their information as well as part of the services that you might need. We will furthermore process their information for the purposes set out in this Privacy Statement.

Purpose for processing your personal information
You agree that we may process your personal information for the following purposes:

  1. To enter your employees into a training program with our company.
  2. To draw up a Company Work place Skills Program for your company.
  3. To draw up an Employment Equity Report for your company.
  4. For accounting purposes.
  5. To comply with any other reasonable mandate given to you by us, which falls within the purpose of our company.

Sharing personal information with third parties
To provide your personal information to the following third parties as part of the process mandated by you:

  1. To submit documents relating to Work place Skills Plans on your behalf to specific SETAS.
  2. To submit documents relating to Employment Equity reports on your behalf to the Department of Labour.
  3. To submit information to SARS or any other body that we are legally obliged to adhere to.
  4.  To any other body that reasonably falls within the purpose of the company and the mandate that the company has with you.

By agreeing to this, you confirm that you have given permission for your personal information to be shared to above mentioned third parties.

You also agree to indemnify us against any loss or damage, direct or indirect, that you or your employees might suffer because of the unauthorised use of this information by any of the third parties mentioned above.

If a third party asks us for your personal information, we will share it with them only if:

  • You have already given your consent for the disclosure of this information to that particular third party.
  • Third parties that we contract with to provide mandated services to you.
  • Any person or organisation that has a legal right to access the information, for example regulators.

Right to communicate electronically

We have the right to communicate electronically with you regarding any aspects of your mandated process.

Duty to keep you informed

We have a duty to keep you informed about the progress of your mandate, as well as any matters that could affect the services that we have agreed upon. We also confirm that we would report any breach of the POPI Act to you and the Regulator, if such a breach occurs. The Regulator will then launch an investigation into the breach.

The following are laws that require us to collect and keep your personal information:

  • The Electronic Communications and Transaction Act (ECT)
  • The Financial Intelligence Centre Act (FICA)
  • The Financial Advisory and Intermediary Services Act (FAIS)
  • The National Credit Act (NCA)
  • The Consumer Protection Act (CPA)

Changing this privacy statement

We may change this privacy statement at any time. The most updated version will always be available on our website, www.personnelexl.co.za, or at our offices.

Concerns

If you believe that we have used your information contrary to the Privacy Statement, you must first attempt to resolve the matter with us. If you are not satisfied after this process, you have the right to lodge a complaint with the Information Regulator, under POPIA.

The contact details are:

The Information Regulator (South Africa)
33 Hoofd Street
Forum III, 3rd Floor Braampark
PO Box 31533
Braamfontein
Johannesburg, 2017

Complaints e-mail : complaints.IR@justice.gov.za