POPI Act

CONSENT FOR THE PROCESSING AND USE OF PERSONAL INFORMATION IN TERMS OF THE PROTECTION OF PERSONAL INFORMATION ACT 4 OF 2013 (POPIA)
 
  1. DanceWeb is a dance studio providing dance classes to students and as part of its business functions the studio collects and processes personal information.
     
  2. The studio collects, stores, uses, handles, processes, transfers, retains, archives, and otherwise manages personal information.
     
  3. To discharge this duty, DanceWeb  requires my express and informed permission to collect and to process my personal information or that of my minor dependent/s and adult dependents who are unable to provide their own consent.
     
  4. Purpose. I consent to the studio sharing my personal information with selected dance organisations for exams and dance competitions and any contracted third parties, necessary for the provision of any service to me. I, further agree that personal information provided to the studio will be used to:
     
  • Give effect to my contractual relationship with the studio and to conduct its operations for the provision of dance classes to me and/or my dependents.
  • Comply with obligations required by any legislation affecting this studio.
  • Protect the legitimate interests of the studio, myself and or any third parties.
  • Store my information in a secure manner in any format.
  • In connection with legal proceedings including debt collection.
     
I understand and agree that if the studio does not have my or my dependents consent, the studio will not be able to commence dance classes and cannot share my personal information with any dance organisation for dance exams or dance competitions.
 
  1. Withholding Consent. I understand that I can withhold consent to the studio collecting and processing my personal information. I agree in this case the studio will not be able to provide dance classes to me or my dependents.
     
  2. Storage of personal information. My personal information will be stored in a safe and secure environment. After I am no longer an active client, my personal information will be retained for as long as lawfully is required.
 
  1. Retention of personal information. The studio will not retain personal information for longer than is necessary and for the required purpose. The exceptions to the above principle specifically provided in POPIA are where-
     
    • The retention of the record is required or authorised by law.
    • The studio reasonably requires the record for lawful purposes related to its functions or activities.
    • The retention of the record is required in terms of an agreement between the studio and me; or
    • The record is retained for historical purposes, with the studio having established appropriate safeguards against the record being used for any other purpose.
       
  1. Intended recipients. I agree the intended recipients of my personal information are the studios administration staff and where applicable any dance organisation where dance exams or dance competition services are required. Such disclosure shall always be made between the studio and recipients to comply with strict confidentiality and security conditions as contained in POPI Act.
 
  1. I understand that I have the right to have my personal information processed in accordance with the eight conditions of lawful processing of personal information as set out in POPIA.
     
  2. Objection to processing. I understand that I have the right, to object to the studio processing my personal information, on reasonable grounds. On receipt of my notice of objection with reasons, the studio shall hold any further processing of my personal information until my objection has been addressed, resolved, withdrawn, or upheld and accepted by the studio. If my objection is upheld, no further processing of my personal information shall be done by the studio. I acknowledge that the studio also reserves the right to discontinue dance classes.
     
  3. Right to withdraw consent. I understand that I have the right to withdraw my consent to the studio processing my personal information at any time, provided and processing before such withdrawal of if the processing is necessary for the conclusion or performance of a contract to which I am a party will not be affected. I understand that I can revoke consent for any specific dance organisation, or person who has access to my personal information. Once this information is captured and updated, my personal information will no longer be shared. I understand and agree that this may affect participation in dance classes, dance exams or dance competitions and I take responsibility for my decision.
     
  4. Access. I have the right at any time to request details of any of my personal information that the studio holds, and such request shall be made in writing to the information officer of the studio.
     
  5. Correction/Deletion. I have the right to request the studio, to correct and/or delete my personal information that is inaccurate, irrelevant, excessive, out of date, incomplete, mispleading. That any changes to my personal information must be communicated to the studio immediately so these changes can be updated on the systems. The studio will not be liable for inaccurate information on the systems as a result of my failure to update my personal information. I have the right to request the studio to destroy or to delete a record of my personal information that the studio is no longer authorised to retain in terms of any other law.
     
  6. Correction of personal information. I acknowledge that whilst the studio will always use its best endeavours to ensure that my personal information is reliable, it is my responsibility to advise the studio of any changes to my personal information, as and when these changes may occur. The studio will not be liable for inaccurate information on the systems because of my failure to inform the studio of my updated personal information.
     
  7. Marketing. The studio undertakes not to distribute my personal information to any third party for the purpose of marketing to me, third party’s supplies or other products.
     
  8. I agree:
  • I will not hold the studio responsible for any loss (whether direct or indirect) that may arise from the use of my personal information.
  • I may not hold the studio responsible for any loss that may result from the incorrect use or disclosure of the information by any dance organisation to whom the studio has provided the personal information.
  • That I had an opportunity to read the terms and conditions and I fully understand the consequences of these terms and conditions. I had sufficient opportunity to ask questions about this consent from and questions, answered to my satisfaction by the studio.
     
  1. My consent is provided of my own free will without any undue influence from any person whatsoever.
     
  2. I confirm that I have permission of my dependant(s) to give their consent, where such consent has been provided and I indemnify the studio against this
 
 
DEFINITIONS IN TERMS OF THIS CONSENT
“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-
 
  • Information relating to the race, gender, sex, pregnancy, marital status, national, ethnic, or social origin, colour, sexual orientation, age, physical or mental health, wellbeing, disability, religion, conscience, belief, culture, language, and birth of the person.
  • Information relating to the education or the medical financial, criminal or employment history of the person;
    Any identifying number, symbol, email address, physical address, telephone number, location information, online identifier, or other assignments to the person.
  • The biometric information of the person.
  • The personal opinions, views, or preferences of the person.
  • 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 correspondence.
  • The views or opinions of another individual about the person; and
  • 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 by automatic means, concerning personal information, including-
  • The collection, receipt, recording, organisation, collation, storage, updating or modification 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, degradation, erasure, or destruction of information.
 
“Record” means any recorded information-
Regardless of form or medium, including any of the following:
  • Writing on any material.
  • 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.
  • Label, marking or other writing that identities or describes anything of which it forms part, or to which it is attached by any means.
  • Book, map, plan, graph, or drawing.
  • Photograph, film, negative, tape or other device in which one or more visual images are embodied to be capable, with or without the aid of some other equipment, of being reproduced.
  • In the possession or under the control of a responsible party.
  • Whether or not it was created by a responsible party; and
  • Regardless of when it came into existence.