Thank you for visiting our website. Data protection is of a particularly high priority for the management of Fish Hoek High School. The use of the Internet pages of Fish Hoek High School is possible without any indication of personal data; however, if a data subject wants to use special enterprise services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject.
The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR) and the Protection of Personal Information Act (POPIA), and in accordance with the country-specific data protection regulations applicable to Fish Hoek High School. By means of this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.
As the controller, Fish Hoek High School has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone.
The data protection declaration of Fish Hoek High School is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR) and the Protection of Personal Information Act (POPIA). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used.
In this data protection declaration, we use, inter alia, the following terms:
a) Personal data
Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
b) Data subject
Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.
Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
d) Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
g) Controller or controller responsible for the processing
Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
j) Third party
Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
- Name and Address of the controller
Controller for the purposes of the General Data Protection Regulation (GDPR), the Protection of Personal Information Act (POPIA), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:
Fish Hoek High School
13th Avenue, Fish Hoek
7974 Cape Town
Phone: +27 21 782 1107
The data subject may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be entirely usable.
- Collection of general data and information
The website of Fish Hoek High School collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.
When using these general data and information, Fish Hoek High School does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, Fish Hoek High School analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
- Comments function in the blog on the website
Fish Hoek High School offers users the possibility to leave individual comments on individual blog contributions on a blog, which is on the website of the controller. A blog is a web-based, publicly-accessible portal, through which one or more people called bloggers or web-bloggers may post articles or write down thoughts in so-called blogposts. Blogposts may usually be commented by third parties.
If a data subject leaves a comment on the blog published on this website, the comments made by the data subject are also stored and published, as well as information on the date of the commentary and on the user’s (pseudonym) chosen by the data subject. In addition, the IP address assigned by the Internet service provider (ISP) to the data subject is also logged. This storage of the IP address takes place for security reasons, and in case the data subject violates the rights of third parties, or posts illegal content through a given comment. The storage of these personal data is, therefore, in the own interest of the data controller, so that he can exculpate in the event of an infringement. This collected personal data will not be passed to third parties, unless such a transfer is required by law or serves the aim of the defense of the data controller.
- Routine erasure and blocking of personal data
The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.
If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.
- Rights of the data subject
a) Right of confirmation
Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.
b) Right of access
Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:
- the purposes of the processing;
- the categories of personal data concerned;
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
- where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
- the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
- the existence of the right to lodge a complaint with a supervisory authority;
- where the personal data are not collected from the data subject, any available information as to their source;
- the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.
Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.
If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact any employee of the controller.
c) Right to rectification
Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.
d) Right to erasure (Right to be forgotten)
Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:
- The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
- The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
- The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
- The personal data have been unlawfully processed.
- The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
- The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by Fish Hoek High School, he or she may, at any time, contact any employee of the controller. An employee of Fish Hoek High School shall promptly ensure that the erasure request is complied with immediately.
Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. An employees of Fish Hoek High School will arrange the necessary measures in individual cases.
e) Right of restriction of processing
Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:
- The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
- The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.
- The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
- The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by Fish Hoek High School, he or she may at any time contact any employee of the controller. The employee of Fish Hoek High School will arrange the restriction of the processing.
f) Right to data portability
Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.
In order to assert the right to data portability, the data subject may at any time contact any employee of Fish Hoek High School.
g) Right to object
Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.
Fish Hoek High School shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.
If Fish Hoek High School processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to Fish Hoek High School to the processing for direct marketing purposes, Fish Hoek High School will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by Fish Hoek High School for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
In order to exercise the right to object, the data subject may contact any employee of Fish Hoek High School. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.
h) Automated individual decision-making, including profiling
Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on the data subject’s explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject’s explicit consent, Fish Hoek High School shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.
If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any employee of Fish Hoek High School.
i) Right to withdraw data protection consent
Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.
If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of Fish Hoek High School.
- Data protection provisions about the application and use of Facebook
On this website, the controller has integrated components of the enterprise Facebook. Facebook is a social network.
A social network is a place for social meetings on the Internet, an online community, which usually allows users to communicate with each other and interact in a virtual space. A social network may serve as a platform for the exchange of opinions and experiences, or enable the Internet community to provide personal or business-related information. Facebook allows social network users to include the creation of private profiles, upload photos, and network through friend requests.
The operating company of Facebook is Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, United States. If a person lives outside of the United States or Canada, the controller is the Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.
With each call-up to one of the individual pages of this Internet website, which is operated by the controller and into which a Facebook component (Facebook plug-ins) was integrated, the web browser on the information technology system of the data subject is automatically prompted to download display of the corresponding Facebook component from Facebook through the Facebook component. An overview of all the Facebook Plug-ins may be accessed under https://developers.facebook.com/docs/plugins/. During the course of this technical procedure, Facebook is made aware of what specific sub-site of our website was visited by the data subject.
If the data subject is logged in at the same time on Facebook, Facebook detects with every call-up to our website by the data subject—and for the entire duration of their stay on our Internet site—which specific sub-site of our Internet page was visited by the data subject. This information is collected through the Facebook component and associated with the respective Facebook account of the data subject. If the data subject clicks on one of the Facebook buttons integrated into our website, e.g. the “Like” button, or if the data subject submits a comment, then Facebook matches this information with the personal Facebook user account of the data subject and stores the personal data.
Facebook always receives, through the Facebook component, information about a visit to our website by the data subject, whenever the data subject is logged in at the same time on Facebook during the time of the call-up to our website. This occurs regardless of whether the data subject clicks on the Facebook component or not. If such a transmission of information to Facebook is not desirable for the data subject, then he or she may prevent this by logging off from their Facebook account before a call-up to our website is made.
The data protection guideline published by Facebook, which is available at https://facebook.com/about/privacy/, provides information about the collection, processing and use of personal data by Facebook. In addition, it is explained there what setting options Facebook offers to protect the privacy of the data subject. In addition, different configuration options are made available to allow the elimination of data transmission to Facebook. These applications may be used by the data subject to eliminate a data transmission to Facebook.
- Data protection provisions about the application and use of Google Analytics (with anonymization function)
On this website, the controller has integrated the component of Google Analytics (with the anonymizer function). Google Analytics is a web analytics service. Web analytics is the collection, gathering, and analysis of data about the behavior of visitors to websites. A web analysis service collects, inter alia, data about the website from which a person has come (the so-called referrer), which sub-pages were visited, or how often and for what duration a sub-page was viewed. Web analytics are mainly used for the optimization of a website and in order to carry out a cost-benefit analysis of Internet advertising.
The operator of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, United States.
For the web analytics through Google Analytics the controller uses the application “_gat. _anonymizeIp”. By means of this application the IP address of the Internet connection of the data subject is abridged by Google and anonymised when accessing our websites from a Member State of the European Union or another Contracting State to the Agreement on the European Economic Area.
The purpose of the Google Analytics component is to analyze the traffic on our website. Google uses the collected data and information, inter alia, to evaluate the use of our website and to provide online reports, which show the activities on our websites, and to provide other services concerning the use of our Internet site for us.
Google Analytics places a cookie on the information technology system of the data subject. The definition of cookies is explained above. With the setting of the cookie, Google is enabled to analyze the use of our website. With each call-up to one of the individual pages of this Internet site, which is operated by the controller and into which a Google Analytics component was integrated, the Internet browser on the information technology system of the data subject will automatically submit data through the Google Analytics component for the purpose of online advertising and the settlement of commissions to Google. During the course of this technical procedure, the enterprise Google gains knowledge of personal information, such as the IP address of the data subject, which serves Google, inter alia, to understand the origin of visitors and clicks, and subsequently create commission settlements.
The cookie is used to store personal information, such as the access time, the location from which the access was made, and the frequency of visits of our website by the data subject. With each visit to our Internet site, such personal data, including the IP address of the Internet access used by the data subject, will be transmitted to Google in the United States of America. These personal data are stored by Google in the United States of America. Google may pass these personal data collected through the technical procedure to third parties.
The data subject may, as stated above, prevent the setting of cookies through our website at any time by means of a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies. Such an adjustment to the Internet browser used would also prevent Google Analytics from setting a cookie on the information technology system of the data subject. In addition, cookies already in use by Google Analytics may be deleted at any time via a web browser or other software programs.
Further information and the applicable data protection provisions of Google may be retrieved under https://www.google.com/intl/en/policies/privacy/ and under http://www.google.com/analytics/terms/us.html. Google Analytics is further explained under the following Link https://www.google.com/analytics/.
- Data protection provisions about the application and use of Twitter
On this website, the controller has integrated components of Twitter. Twitter is a multilingual, publicly-accessible microblogging service on which users may publish and spread so-called ‘tweets,’ e.g. short messages, which are limited to 280 characters. These short messages are available for everyone, including those who are not logged on to Twitter. The tweets are also displayed to so-called followers of the respective user. Followers are other Twitter users who follow a user’s tweets. Furthermore, Twitter allows you to address a wide audience via hashtags, links or retweets.
The operating company of Twitter is Twitter, Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, UNITED STATES.
With each call-up to one of the individual pages of this Internet site, which is operated by the controller and on which a Twitter component (Twitter button) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to download a display of the corresponding Twitter component of Twitter. Further information about the Twitter buttons is available under https://about.twitter.com/de/resources/buttons. During the course of this technical procedure, Twitter gains knowledge of what specific sub-page of our website was visited by the data subject. The purpose of the integration of the Twitter component is a retransmission of the contents of this website to allow our users to introduce this web page to the digital world and increase our visitor numbers.
If the data subject is logged in at the same time on Twitter, Twitter detects with every call-up to our website by the data subject and for the entire duration of their stay on our Internet site which specific sub-page of our Internet page was visited by the data subject. This information is collected through the Twitter component and associated with the respective Twitter account of the data subject. If the data subject clicks on one of the Twitter buttons integrated on our website, then Twitter assigns this information to the personal Twitter user account of the data subject and stores the personal data.
Twitter receives information via the Twitter component that the data subject has visited our website, provided that the data subject is logged in on Twitter at the time of the call-up to our website. This occurs regardless of whether the person clicks on the Twitter component or not. If such a transmission of information to Twitter is not desirable for the data subject, then he or she may prevent this by logging off from their Twitter account before a call-up to our website is made.
The applicable data protection provisions of Twitter may be accessed under https://twitter.com/privacy?lang=en.
- Legal basis for the processing
Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).
- The legitimate interests pursued by the controller or by a third party
Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.
- Period for which the personal data will be stored
The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.
- Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data
We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact any employee. The employee clarifies to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.
- Existence of automated decision-making
As a responsible company, we do not use automatic decision-making or profiling.
Privacy and Personal Information (POPIA)
in accordance with the requirements as prescribed in the Protection of Personal Information Act No. 4 of 2013 (POPIA).
Fish Hoek High School is committed to protecting the privacy of personal information in accordance with the requirements as prescribed in the Protection of Personal Information Act No. 4 of 2013 (POPIA). The Act introduces measures to ensure and safeguard the right to privacy weighed up against the right to access of information as well as the sharing of personal information. It furthermore aims to provide everyone’s right to privacy as placed in the Constitution and offers protection and recourse to those whose personal information rights are infringed.
The standards set out in the Act require companies to protect personal information obtained for administrative purposes and impacts the collection, handling, retention, dissemination and disposal of such data.
The eight conditions or guiding principles that must be complied with are:
- Accountability: Fish Hoek High School must assign responsibility for overseeing and managing compliance with POPIA
- Processing limitation: processing of personal information must be transparent, lawful, reasonable, minimal, justified and requires explicit consent unless certain exemptions apply
- Purpose specification: personal information must only be processed for specific, defined and legitimate reasons relating to the functions or activities of the Fish Hoek High School and the Data Subject should be made aware of the purposes. It must also be retained and those records restricted in terms of the provisions of POPIA
- Further processing limitation: Fish Hoek High School should only use personal information for the reasons specified. Additional consent must be obtained for any further processing
- Information quality: Fish Hoek High School must take steps to ensure that the personal information is complete, reliable, accurate, up to date and relevant to the purposes for which it was collected
- Openness: information must be processed in a fair and transparent manner. Individuals must be aware of the personal information held about them and the purpose for which the information is being retained (Where information is collected from another source, the Data Subject must be informed)
- Security safeguards: integrity and confidentiality of the personal information must be secured. Personal information must be protected against the risk of loss, unauthorised access, interference, modification, destruction or disclosure. Clear processing protocols should be in place
- Data Subject participation: individuals, having adequately identified themselves, have the right to request and access information about their personal information and may also require a Responsible Party to correct or destroy personal information that may be inaccurate, misleading, outdated or no longer necessary for the purpose for which it was collected.
This policy covers all information collected by Fish Hoek High School in order to carry out normal school operations as dictated by the various Acts governing educational institutions. In terms of POPIA, we are required to take reasonable practicable steps to inform all data subjects as to certain matters relating to their personal information, which is set out in this policy. By engaging with us and providing us with your personal information you acknowledge that you have read and understood this policy, agree to its contents and permit and consent us to take the actions set out herein in relation to your or your child’s personal information submitted.
The complete list of definitions is to be found in the Protection of Private Information Act No. 4 of 2013.
|Child (learner)||A natural person under the age of 18 years|
|Consent||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. Data subjects may include, but are not limited to: pupils; prospective pupils; applicants; alumni; employees and employee candidates; visitors; suppliers and members of the public.|
|Electronic communication||Means any text, voice, sound or image sent over a network|
|Information Officer or Deputy Information Officer||Relating to a public body means an information or deputy information officer as contemplated in terms of section 1 or 17; The Information Officer may appoint Deputy Information Officers to assist in complying with the Act.|
|Operator||Means a person who processes personal information for a responsible party|
|School||Means Fish Hoek High School|
|PAIA||Promotion of Access to Information Act, 2000 (Act No. 2 of 2000)|
|Person||Means a natural person or a juristic person|
|Personal Information and Special Personal Information||Means information relating to an identifiable, living, natural person, and where applicable, an identifiable, existing juristic person, included 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, well-being, 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, online identifier or other particular assignment to the person;|
|•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;|
|•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 personal information about the person; and|
|•With regard to Special Personal Information, personal information as set out in section 36 of POPIA|
|Processing||Refers to any act that can be performed when handling personal information. POPI defines processing to include collecting, recording, organising, updating, storing, distributing, destroying or deleting personal information.|
|Record||A record is a form of collating information, regardless of the medium on which it is recorded, that is under the control of a responsible party|
|Regulator||The Information Regulator established in terms of section 39 of the Act|
|Responsible party||Refers to a public or private body and any other person who determines the purpose and means of processing personal information in their possession|
COLLECTION OF PERSONAL INFORMATION
Personal information is gathered from submissions to Fish Hoek High School. This applies to pupils via their parents/guardians,employees and other data subjects.
The personal information is collected in order to conduct and meet the minimum standards required for the function and activity of the day-to-day operation of Fish Hoek High School and is specific for the purpose for which it is collected. Only the personal information that is adequate, necessary, relevant and not excessive will be collected in terms of the provisions of POPIA.
The collection and processing of personal information for data subjects may include the following:
- Names, ID’s, gender, nationality, addresses, telephone numbers
- Parent/Guardian details including addresses, contact numbers, email addresses
- Education and employment data
The collection and processing of special personal information includes:
- Medical information including Medical Aid Membership
- Behavioral information
- Special Needs Education
- Marital status
- Police Clearance (educators)
- Video and photographic images, including CCTV footage and live streaming of events
The data subject personal information (including prospective pupils and employees) is collected from the data subjects and could be in the form of paper-based or electronic information, recorded on application forms, emails and CV’s.
Fish Hoek High School shall ensure that all agreements in place with suppliers and other third parties in terms of which they are required to collect and use personal information shall adhere to the terms of this policy and that there will be a mutual understanding regarding the protection of such personal information.
PROCESSING OF PERSONAL INFORMATION
Personal information is processed in order to conduct and meet the minimum standards required for the function and activity of the day-to-day operations of Fish Hoek High School. This will be done lawfully and in a reasonable manner that does not infringe on the privacy of a data subject.
Parent/guardian and pupil information is processed for the purposes of, not limited to:
- Compliance with legislative and administrative requirements
- Recording pupil assessment and examination results
- To aid pupil support (internally and externally, i.e assessment, medical, etc.)
- To maintain parent/guardian contact details for pupil progress updates, emergencies, notifications regarding school activities, sharing newsletters, etc.
- Storing/saving Fish Hoek High School milestones and achievements, including videos and photographs, etc., for historical school collection, annual yearbook publications, social media platforms and website upgrades
- Recording and updating education department educational management systems
- Applications relating to special pupil support and concessions
- Completing educational statistics and surveys (unique identifiers are removed and information is aggregated)
- Applications for and enrolment in school related Olympiads and Competitions
Employee information is processed for the purposes of, not limited to:
- Job application selection process and suitability of the candidate
- Administration of staff records and human resource records
- Administration of payroll records
- Pension Fund Membership
- Medical Aid Membership
- Personal and Company Insurance
- Staff appraisals
- Disciplinary procedures
- Recording and updating education department educational management systems
- Completing educational statistics and surveys (unique identifiers are removed and information is aggregated)
- Applications for and enrolment in school related Olympiads and Competitions
Parent/guardian consent is required for all information pertaining to a pupil. Any identifiable information regarding a person under the age of 18 years is considered Special Personal Information.
Other data subject information is processed for the purposes of, not limited to, performing business activities such as buying, services or installation bookings, deliveries, payments and marketing.
The processing of information is not used for any other purpose other than for the purpose for which it was specifically collected without the written permission and consent of the data subject.
RETENTION OF DOCUMENTS
In general, personal information is retained as per the prescribed norms and applicable restriction is placed upon archived information and records.
Fish Hoek High School will retain data subject personal information in its databases and systems for a period of seven years from the last day of enrolment/termination of services. After this period, only basic information will be retained, such as parent/guardians, pupil names and academic records. This is in order to retain the integrity of our historical data.
After the above-mentioned retention periods, Fish Hoek High School will destroy and/or render unusable the personal information that is no longer required, unless the provisions of section 14 of POPIA apply.
THE INFORMATION OFFICER(S)
In compliance with the requirements of the Act, Fish Hoek High School is required to appoint an Information Officer (and Deputy Information Officers) and register the individuals with the Information Regulator.
The duty of these officers is, but not limited to, ensuring that the School complies with the provisions of the Act by monitoring and implementing codes of conduct issued by the Information Regulator.
The officer will deal with any requests made under the Act as well as the Promotion of Access to Information Act (PAIA) (Act No 2 of 2000) and assist the Information Regulator with any investigations conducted in respect of the School.
Furthermore, they are required to develop, implement, monitor and maintain a compliance framework within our School to ensure lawful processing and create internal awareness amongst relevant staff with regard to the requirements of the Act.
Data subjects have the right to request correction or deletion of personal information or destruction or deletion of record of personal information by submitting the applicable forms contained in the POPIA and PAIA regulations. The Information Officer can offer assistance in this regard.
THE RIGHTS OF DATA SUBJECTS
Data subjects have the right to have their personal information processed lawfully and should be informed of the purpose for which the information is being collected. They have the right to establish what information Fish Hoek High School holds and request the correction of the personal information where necessary. Data subjects have the right to be informed if their information has been accessed/acquired by an unauthorized person.
Fish Hoek High School strives to safeguard personal information in its possession through policies and procedures and technical measures that have been put in place. It remains the objective of the school to identify all reasonably foreseeable internal and external risks and to continuously verify the effectiveness of those measures against new risks that may arise.
If you would like to discuss anything regarding this privacy notice, or have any queries relating to POPIA you can email email@example.com.
Should you believe we are processing your personal data with disregard to the data protection regulations in force, any claim can be sent to our Information Officer (as listed above) or to the Information Regulator who can be contacted below:
Telephone number +27 (0) 10 023 5200, Cell No. +27 (0) 82 746 4173 or by email at: complaints.IR@justice.gov.za or firstname.lastname@example.org.
Fish Hoek High School may need to update this privacy notice periodically. Please review this information frequently.