List of active policies

Name Type User consent
CANCELLATION POLICY Site policy Authenticated users
HFPA POLICIES Site policy Authenticated users
CLIENT CONSENT AGREEMENT Site policy All users
DATA PROTECTION POLICY Site policy All users

Summary


CANCELLATION POLICY FOR HFPA COURSES

Full policy

(Please note: No exceptions will be made to this cancellation policy)


  • The deposit amount includes a non-refundable and non-transferable registration fee of R1000.
  • There is a 5-day cooling off period from the date of registration for the course during which time the Student may inform HFPA in writing that he/she wishes to cancel the registration. If this contract is cancelled during the cooling off period any tuition fees paid for this course, including the deposit will be refunded.
  • After the cooling off period no amendments or alterations to this contract shall be permitted and no refunds will be given.
  • Students failing to attend lectures, for whatever reason, are not entitled to a refund or a reduction in course fees and are not absolved or exempt from any course fees due.
  • Students not adhering to the conditions of registration in terms of payment of their fees will be handed over for debt collection.
  • Study notes are subject to normal copyright restrictions and there will be no refund for material returned.
  • Course fees do not include the First Aid course and practical assessment pack. The First Aid course can be done through HFPA’s affiliate partner or any other registered external provider. The practical assessment pack can be purchased from HFPA or external supplier.
  • Should the Applicant be in breach of any obligations, despite 14 days written notice, HFPA shall be entitled to cancel this contract without further notice and without prejudice to any further claim. The Applicant shall not be entitled to refunds for any payments made.

I confirm my personal details on the Official Course Registration Form are correct and that I have also read and understand the terms and conditions of the registration set out above.


SHORT COURSES CANCELLATION POLICY


  • HFPA reserves the right to postpone/cancel a course should a minimum number of registrations not be achieved. If cancelled by HFPA, the course fee will be refunded.
  • The registration fee or holding deposit applies specifically to the course as stated on this registration form and is non-refundable unless the course is cancelled by HFPA.
  • No refunds are considered after course commencement date.


Summary

HFPA POLICIES

Full policy


THE ROLE PLAYERS

 For the learning to be a success, all role players need to be aware of their areas of responsibilities. Commitment from all of the role players will enable a faster application of the newly acquired skills.

 

Learner

This course will enable you to apply your skills in the real world. You need to be able to take the knowledge that you gain during this intervention and apply it to your workplace situations.


Roles and responsibilities:

·         Be aware of your study schedule and maintain deadlines

·         Read through your manuals

·         Complete the formative and summative assessments, on-the-job assignments and evaluations within the required time frames

·         Seek clarification from your online tutor, line manager and assessor as required


Assessor

The assessor will prepare you for your assessment and explain the requirements needed for summative assessment.

Roles and responsibilities:

·         Assess the evidence against the VACS criteria, using the assessment guide

·         Provide feedback and complete the assessment records

·         Review the assessment process


Moderator

The moderator ensures that the assessment process is fair and is conducted according to the Company assessment policy.

 Roles and responsibilities:

·         Provide support to the assessor

·         Moderate the assessment process according to the moderation requirements

·         Conduct on-site and off-site moderation

·         Provide feedback to the assessor

·         Liaise with the verifier

 

RECOGNITION OF PRIOR LEARNING (RPL)                                                                                                           

 “Recognition of prior learning means the comparison of the previous learning and experience of a learner however obtained against the learning outcomes required for a specified qualification, and the acceptance for purposes of qualification of that which meets the requirements.”

This definition makes clear a number of principles in the development and execution of RPL.

·         Learning occurs in all kinds of situations – formally, informally and non-formally.

·         Measurement of the learning takes place against specific learning outcomes required for a specific qualification; and

·         Credits are awarded for such learning if it meets the requirements of the qualification.

The process therefore involves:

  • Identifying what the candidate knows and can do
  • Matching the candidate’s skills, knowledge and experience to specific standards and the associated assessment criteria of a qualification.
  • Assessing the candidate against those standards; and
  • Crediting the candidate for skills, knowledge and experience built up through formal, informal and non-formal learning that occurred in the past.


The structure of this unit standard based qualification makes the Recognition of Prior Learning possible. Learner and academic staff will jointly decide on methods to determine prior learning and competence in the knowledge, skills, values and attitudes implicit in the qualification and the associated unit standards. RPL will be done by means of an integrated assessment. In the event that you would like to be RPLed please contact Amina Israel (amina@hfpa.co.za)


 LEARNER CODE OF CONDUCT

When in the classroom you are required to behave in a professional and respectful manner.

ATTENDANCE AT WORKSHOPS

Full attendance is required for all workshops.  We ask that you plan your days in order to secure that you arrive for the workshops on time.

In the event that you are unable to make a workshop due to illness, a doctor’s note will be required.  Should there be a family crisis or any other unforeseen circumstances that prevent you from attending a workshop, a written and signed note from the programme sponsor or your manager will be acceptable.

In the case of your absence, you are required to notify your facilitator before the date of training where possible, or first thing on the day of training.

 

Acceptable Behaviour

You are required to act in an emotionally intelligent and respectful manner for the duration of the course.  No acts of misconduct in the form of disrespect, violent actions, victimisation, intimidation etc. against either the facilitator or other learners will be permitted.

This involves making sure that you do not display any of the following behaviours:

•          No swearing will be tolerated

•          No slandering of other learners will be tolerated

•          No slandering of the facilitator will be tolerated

•          No cultural insensitivity will be demonstrated

•          No deliberate and intentional conflict seeking will be tolerated and such incidents will be reported to the relevant person/s in your organisation

•          No copying in the assessment will be tolerated

 

COMPLETING AND SIGNING DOCUMENTS

Your facilitator will ask you to complete the following documents during the programme to assist us in facilitating the correct information in order to issue you with a certificate at the end of the assessment process:

•          Learner information form

•          Leaner evaluation form

•          Signing of the daily attendance register

 

GUIDANCE, SUPPORT AND QUERIES

You are welcome to contact our office should you require further information regarding the programme.  Relevant contact numbers will be issued to you at the start of the course.  If you would like to meet with one of the managers, please book and appointment and we will be happy to meet with you.  The facilitator may be contacted for the duration of the workshop.  The assessor will also be available during the assessment phase to answer any assessment queries.


PLAGIARISM

Plagiarism in assessed work constitutes a serious breach of the Academy’s disciplinary regulations and the consequences can be very grave. In some cases it can lead to your expulsion from the academy. The regulations on plagiarism state that: 

No candidate shall cheat or act dishonestly, or attempt to do so, in any way, whether before, during or after an examination, so as to obtain or seek to obtain an unfair advantage in an examination;

 

No candidate shall present for an examination as his or her own work any part or the substance of any part of another person’s work; 

In any written work (whether thesis, dissertation, essay, coursework, or written examinations) passages quoted or closely paraphrased from another person’s work must be identified as quotations or paraphrases, and the source of the quoted or paraphrased material must be clearly acknowledged;

No person shall dishonestly give help to a candidate before, during or after an examination so as to give, or attempt to give, that candidate an unfair advantage in an examination.

The regulations regarding conduct in examinations apply equally to the ‘submission and assessment of a thesis, dissertation, essay, or other coursework not undertaken in formal examination conditions but which count towards or constitute the work for a diploma or other academic award’.

 

Common examples of plagiarism include the following:

Copying and pasting from any hard copy or electronic source without giving credit to the original author(s) by means of referencing.

 Even when work is referenced, the wording needs to be changed and referenced as it is not your original thought.

 Submitting a written task, assignment or project without acknowledging your sources of reference.

 

Putting your name to that of someone else’s work as if it were your own work.

Submitting an individual assignment that reflects not only your own effort but that of a peer(s).

 

Group projects are stipulated and only for those assignments are you allowed to have input from others/ peers.

Please make sure that all work submitted is your own. Plagiarism will also be explained in the orientation activities.

 

 

 

REGISTER OF EXERCISE PROFESSIONALS (REPS) CODE OF ETHICAL PRACTICE

 

The Register of Exercise Professionals is a rigorous system of self-regulation for all instructors, coaches, trainers and teachers involved in supervising people who exercise and partake of physical activity programmes. The Register has created a framework within which individual instructors can achieve the highest standards of professionals linked to best practice in the health, fitness and exercise industry.

Registration is achieved and maintained through the gaining of qualifications and training, which are nationally recognised and linked to the National Occupational Standards for the fitness industry. Membership signifies that an exercise professional meets required standards of good practice, and professionals who join the Register will need to:

·         Have gained a recognised and approved qualification

·         Demonstrate competence in their working environment

·         Be committed to their own (ongoing) professional development

·         Hold current CPR and First aid certificates

·         Have public liability insurance that meet the minimum requirements for registration

·         Adhere to an industry accepted Code of Ethical Practice

In isolation, any one of these six points is of little value – but together they measure the suitability of individuals to be members of the exercise community and members of the Register.

 

Any alleged professional misconduct or avoidance of compliance with the terms of membership of the Register will be referred to the Professional Practice Committee (PPC) which will consider any need for sanctions against the instructor, coach, trainer or teacher. The appropriate authority will deal with any criminal allegations. The terms of reference for the PPC can be viewed at: http://www.exerciseregister.org/whorunsit.asp.

 

This Code of Ethical Practice defines what is best in good practice for professionals in the fitness industry by reflecting on the core values of rights, relationships, responsibilities and standards. The term ‘professional’ is used in a qualitative context in this Code and does not necessarily imply a paid position or person. Exercise professionals who assent to this Code accept the responsibility to people who participate in exercise; to other fitness professionals and colleagues; to their respective fitness associations, professional bodies and institutes; to their employer; and to society.

 

BACKGROUND

It is important to establish, publicise and maintain standards of ethical behaviour in fitness instructing practice, and to inform and protect members of the public and customers using the services of exercise professionals.

Physical activity and exercise can contribute positively to the development of individuals. It is a vehicle for physical, mental, personal, social and emotional development. Such development is enhanced if the individual is guided by an informed, thinking, caring and enlightened fitness professional operating within an accepted ethical framework as a self-monitoring professional.

The Mission statement of the Register of Exercise Professionals is:

“To ensure that all exercise professionals are suitably knowledgeable and qualified to help safeguard and to promote the health and interests of the people who use their services.”

 

The role of the fitness professional is to:

Identify and meet the needs of individuals

Improve performance or fitness through programmes of safe, effective and enjoyable exercise.

Create an environment in which individuals are motivated to maintain participation and improve performance or fitness.

Conform to ethical standards in a number of areas – humanity, relationships, co-operation, integrity, advertising, confidentiality and personal standards.

 

PRINCIPLE 1 – RIGHTS

Exercise Professionals will:

·         Promote the rights of every individual to participate in exercise, and recognise that people should be treated as individuals.

·         Respects the rights, dignity and worth of every human being and their ultimate right to self-determination. Specifically, exercise professionals must treat everyone equitably and sensitively within the context of their activity and ability – regardless of gender, age, disability, occupation, ethnic origin, colour, cultural background, marital status, sexual orientation, religion or political opinion.

·         Not condone or allow to go unchallenged any form of discrimination, nor to publicly criticise or engage in demeaning descriptions of others.

·         Be discreet in any conversations and not impart any personal information without consent.

·         Recognise the rights of individuals to confer with other professionals.

 

PRINCIPLE 2 – RELATIONSHIPS

Exercise Professionals will:

·         Develop a relationship with their customers or clients based on openness, honesty, mutual trust and respect.

·         Inform participants of their qualifications, experience and registration details and should provide the opportunity for the participant to consent or decline for training / instruction by that person and respect their opinions when making exercise decisions.

·         Not engage in behaviour that constitutes any form of abuse (physical, sexual, emotional, neglect, bullying, etc).

·         Always promote the welfare and best interests of their participants, and encourage and guide their customers to accept responsibility for their own behaviour and actions in training and in their relationship with others.

·         Ensure that physical contact is appropriate and necessary and is carried out within recommended guidelines and with the participant’s full consent and approval.

·         Avoid sexual intimacy with clients while instructing, or immediately after a training session, and should arrange to transfer the client to another professional if it is clear that an intimate relationship is developing.

·         Take action if they have a concern about the behaviour of an adult towards a child and must not engage in any form of sexually related contact with minors, including the use of innuendo, flirting or inappropriate gestures and terms.

·         Be aware of the physical needs of people, especially those still growing and ensure that the frequency, intensity, duration and type of training is appropriate.

·         Discuss with parents, carers and other interested parties the potential impact of training programmes offered to children, young adults or those with disabilities and/or impairments.

·         Clarify in advance with participants the number of sessions, fees (if any), method of payment and any other potential costs involved in participation.

·         In the event of a conflict between their obligation to their customers and their obligation to their trade association, professional institute, the Register or employer must make explicit to all parties concerned the nature of the conflict and the loyalties and responsibilities involved.

·         Communicate and co-operate with registered medical, clinical and ancillary practitioners in the diagnosis, treatment and management of participants’ medical, physical and mental problems.

·         Not to work with any other professional’s customer without first discussing or agreeing both with the professional and customer involved.

 

PRINCIPLE 3 – PERSONAL RESPONSIBILITIES

Exercise Professionals will:

·         Demonstrate proper personal behaviour and conduct at all times.

·         Be fair, honest, and considerate to all participants and others working in the fitness industry and to display control, respect, dignity and professionalism.

·         Project an image of health, cleanliness and functional efficiency, and display high standards in use of language, manner, punctuality and presentation.

·         Not smoke, drink alcohol or use recreational drugs before or whilst instructing, or to take actions which would compromise the safety of participants.

·         Not adopt practices to accelerate performance or fitness improvements, which might jeopardise the safety, total well-being and future participation of their customer(s).

·         Exercise professionals must never advocate or condone the use of prohibited drugs or other banned performance enhancing substances.

·         Ensure that the activities and training programmes they advocate and direct are appropriate for age, maturity, experience and ability of the participant (s).

·         Advertise their services taking respect of their qualifications, training, knowledge and ability and must be accurate and professionally restrained. They must be able to present evidence of current qualifications and registration upon request and to be able to support any claim associated with the promotion of their services.

·         Have valid public liability insurance cover to adequately and appropriately cover their legal liability in the event of any claim being made.

Within the limits of their control, have a responsibility to ensure as far as possible the safety of the participants with whom they work.

 

PRINCIPLE 4 – PROFESSIONAL STANDARDS

Exercise Professionals will: 

·         Works towards attaining a high level of competence through qualifications and make a commitment to ongoing training that ensures safe and correct practice which will maximise benefits and minimise risks to participants.

·         Promote the execution of safe and effective practice and plan all sessions so that they meet the needs of participants and are progressive and appropriate.

·         Need to accept responsibility for their actions and recognise when it is appropriate to refer to another professional or specialist.

·         Seek to achieve the highest level of qualification(s) available and maintain up- to date knowledge of technical developments in the fitness industry.

·         Engage in self-analysis and reflection to identify professional needs and to develop a concept of lifelong learning and personal development.

·         Not assume responsibility for any role for which they are not qualified or prepared.

·         Confine themselves to practise those activities for which their training and competence is recognised by the Register.

·         Training includes the accumulation of knowledge and skills through formal education, independent research and the accumulation of relevant, verifiable experience. The National Occupational Standards for coaching, teaching and instructing (and/or other appropriate fitness awards) provide the framework for assessing competence at the different levels of Register entry. Competences should normally be verified through evidence of qualifications and practice and not inferred solely from evidence of prior experience.

·         Welcome evaluation of their work by colleagues and be able to account to participants, employers, trade associations, professional bodies and the Register for what they do and why.

·         Have responsibility to themselves and their participants to maintain their own effectiveness, resilience and abilities and need to manage their lifestyle to avoid overtraining.

 

(This is a re-typed version of a Copy made from the Central YMCA Qualifications syllabus)

 Any complaint or matter arising from the application of this Code should be addressed to:

 

The Registrar

Register of Exercise Professionals

3rd Floor

8-10 Crown Hill

Croydon

CRO 1RZ

 

Tel: 020 8686 6464

Email: info@exerciseregister.org

Website: www.exerciseregister.org

 South Africa

Website: www.repssa.com

 

Please note that it is compulsory to register with REPS when you complete your course. A certificate cannot be processed until you have registered with REPS. You will not be able to register with REPS if your course is incomplete.

 

 

 

APPEALS & DISPUTES

The candidate has the right to appeal against assessment decision or practice they regard as unfair.

An Appeals and Disputes procedure is in place and can be found in the Student Induction Manual and communicated to all assessment candidates in order for them to appeal on the basis of:

·         Unfair assessment

·         Invalid assessment

·         Unreliable assessment

·         Unethical practices

·         Inadequate expertise and experience of the assessor

 

Appeals have to be lodged in writing (Candidate Appeal Form) & submitted to training provider internal moderator within 48 hours, following the assessment in question. The moderator will consider the appeal & make a decision regarding the granting of a re-assessment. The learner will be informed about the appeal-outcome within 3 days of lodging the appeal. Should the learner not be satisfied with the internal appeal outcome, the learner will be advised of the rights to refer the matter to the SETA ETQA.

 

Please find the appeals form on the following page. 

APPEALS FORM

CONDITION/S UNDER WHICH I AM SELECTING TO MAKE THIS APPEAL

Please tick the appropriate box below:

¨  I do not agree with my assessment decision – I feel I have provided sufficient evidence

¨  I was not briefed properly on the nature and requirements of assessment

¨  I was unfairly discriminated against

¨  My special needs for this assessment were not accommodated

 

 

I                                                          hereby appeal against the assessment decision:

                         (name & surname)

 

Unit Standard(s) or Qualification

 

Unit standard(s) ID

 

Assessor

 

Assessment Date

 

Reason for appeal

 

 

 

 

Learner Signature

 

 

 

 

Date of Appeal

 

Stage 1:  Assessor Response

Decision Amended

 

Decision Upheld

 

Assessor’s rationale for decision

                  

 

Assessor Signature

 

Date of Response

 

 

The above decision has been explained to me, and I accept the decision

YES

 

NO

 

 

Learner Signature

 

 

 

Date

 

Stage 2:  Moderator Response

Decision Amended

 

Decision Upheld

 

Moderator’s rationale for decision

 

 

Moderator Name

 

Date of Response

 

Moderator Signature

 

 

 

The above decision has been explained to me, and I accept the decision

YES

 

NO

 

 

Learner Signature

 

 

Date

 

 

 

 

 

 

 

 

 

 

 

 





































COURSE EXTENSION

Course extensions are granted to students that have not completed their course within the stipulated course duration.

The student will therefore have to contact their designated tutor to arrange an extension for their course.

The extension application will only be approved once payment has been submitted and reflected.

 

Extension Policy Fee:

R1000.00 per month


PRE -ASSESSMENT CHECKLIST


Logistics

1.

Name of learner        

 

2.

Name of online tutor

 

3.

Qualification being completed

 

4

Date of Pre-Assessment Checklist Completion

 

To The Learner

7.

I understand the competence to be proven (practical, foundational, reflexive) and 70% is required to be deemed competent.

 

8.

I understand the evidence needed to be deemed competent

 

 

9.

I understand the different assessment methods that will be used (i.e. formatives, summatives, logbook etc.)

 

11.

I understand that I can be RPLed

 

 

12.

I been introduced to the appeals procedure

 

 

13.

I understand assessment results are only final after the completion of the moderation/verification process

 

14.

I am aware a study schedule with deadlines for my assessments is available on my course page.

 

Documents

15.

I am able to access my manuals on the course page OR I have received my manuals in hard copy.

 

From the learner

16.

Any special needs, if yes provide detail

 

 

 

 

17.

Any foreseen barriers, if yes provide detail

 

 

 

 

Declaration by the learner:

 

I, _________________________________, ID number _____________________________, hereby declare that:

 

•          I am satisfied with the pre-assessment meeting.

•          I have been given the opportunity to contribute to the assessment plan.

•          I have received the documents listed.

 

Signed at [place] ______________________________________

 

16.

Signature: Learner

 

17.

Date:

 

 

CANCELLATION POLICY FOR HFPA COURSES

(Please note: No exceptions will be made to this cancellation policy)

·         The deposit amount includes a non-refundable and non-transferable registration fee of R1000.

·         There is a 5-day cooling off period from the date of registration for the course during which time the Student may inform HFPA in writing that he/she wishes to cancel the registration. If this contract is cancelled during the cooling off period any tuition fees

·         paid for this course, including the deposit will be refunded.

·         After the cooling off period no amendments or alterations to this contract shall be permitted and no refunds will be given.

·         Students failing to attend lectures, for whatever reason, are not entitled to a refund or a reduction in course fees and are not absolved or exempt from any course fees due.

·         Students not adhering to the conditions of registration in terms of payment of their fees will be handed over for debt collection.

·         Study notes are subject to normal copyright restrictions and there will be no refund for material returned.

·         Course fees do not include the First Aid course and practical assessment pack. The First Aid course can be done through HFPA’s affiliate partner or any other registered external provider. The practical assessment pack can be purchased from HFPA or external supplier.

·         Should the Applicant be in breach of any obligations, despite 14 days written notice, HFPA shall be entitled to cancel this contract without further notice and without prejudice to any further claim. The Applicant shall not be entitled to refunds for any payments made.

I confirm my personal details on the Official Course Registration Form are correct and that I have also read and understand the terms and conditions of the registration set out above.


SHORT COURSES CANCELLATION POLICY

·         HFPA reserves the right to postpone/cancel a course should a minimum number of registrations not be achieved. If cancelled by HFPA, the course fee will be refunded.

·         The registration fee or holding deposit applies specifically to the course as stated on this registration form and is non-refundable unless the course is cancelled by HFPA.

·         No refunds are considered after course commencement date.

 

DOCUMENT AND RECORD MANAGEMENT POLICY

Statement of Intent

The Document and Record Management Policy serves two main purposes:

To ensure that all parties are aware of the Document and Record Management Policy and also address the procedures.

The Company will manage all documents and records that relate to requirements of the Company’s Quality Management System including, but not limited to the following: -

·         Learner Records

·         Staff records

·         Management system records

·         ETQA records

·         SAQA records

·         Registered letters

·         General correspondence

1

Document and record management activities will ensure the following:-

·         Appropriate documents are reviewed and approved by authorised personnel prior to issue and use;

·         Pertinent issues of appropriate documents are available at all locations where they are required;

·         Obsolete documents are promptly removed from all points of issue or use;

·         Changes made to documents are identified in the document or attachment, and that all such changes are approved by authorised personnel prior to being implemented;

·         Records will be maintained to demonstrate the efficient running of the company and the effective operation of the Quality Management System;

·         All records will be legible and readily retrievable, and be kept so as to prevent loss or deterioration;

·         Retention times for archiving records will be established and no records will be destroyed without prior approval of authorised personnel;

·         Control of records will include identification, collection, indexing, access, storage, maintenance and disposition.

2

Procedures to store assessment records

Records of formative and summative assessment are stored alphabetically per learner folder. Information that can be stored electronically will be stored on a computer backed up by a sound backup system.

The following will be stored:

·         written tests;

·         oral tests;

·         oral questioning;

·         interviews;

·         case studies;

·         projects;

·         competency assessment;

·         demonstration of activities;

·         role-play/simulation activities;

·         assignments;

·         direct observation of behavioural activities;

·         adherence to knowledge criteria;

·         adherence to skills criteria;

·         observation of insight and creative thinking; and

·         final outcomes.




Summary

PROTECTION OF PERSONAL INFORMATION CONSENT (POPI ACT)

Full policy

Protection Of Personal Information Consent

Health and Fitness Professionals Academy

1.     This agreement will be applicable to all personal information as defined in the Protection of Personal Information Act, 4 of 2013 (“POPI”). 

2.     By either Party submitting any personal information to the other, the disclosing Party unconditionally and voluntarily, consents to the processing of the submitted personal information for any and all purposes related to this agreement. 

3.     The Parties agrees and consent that its personal information may be processed by, or on behalf of either of the Parties for the purposes set out in the Agreement.  

4.     The Parties shall at all times comply with its obligations and procure that each of its Affiliates comply with their obligations under POPI. 

5.     The Parties shall ensure that any personal information that is processed by it in the course of performing its obligations under the Agreement is done in accordance with POPI.  

6.     Each Party shall not process, disclose, or use personal information except: 

6.1. to the extent necessary for the provision of Services and/or Products under the Agreement; or 

6.2. to fulfil their own obligations under the Agreement; or 

6.3. as otherwise expressly authorised by the other Party in writing.   

7.     Each Party shall not disclose any personal information to any Third Party without the other Party’s prior written consent in each instance, other than to the extent required by any Regulator or Law.   

8.     In the event the other Party providing such consent necessary for the disclosure of personal information to a Third Party, each Party shall: 

8.1. make such disclosure in compliance with POPI; and  

8.2. enter into a written agreement with the applicable Third-Party recipient of such personal information that requires such Third Party to safeguard the personal information in a manner no less restrictive than each Party’s obligations under these terms.  

9.     The Parties shall implement and maintain an effective security safeguards that includes, but is not limited to administrative, technical, and physical safeguards, and appropriate technical and organisational measures, in each case, adequate to insure the security and confidentiality of personal information, and to protect against any anticipated risks to the security or integrity of personal information, protect against unauthorized access to or use of personal information, protect personal information against unlawful processing or processing otherwise than in accordance with this agreement, and protect against accidental loss, destruction, damage, alteration or disclosure of personal information.   

10.   Without limiting the foregoing, such safeguards and measures shall be appropriate to protect against the harm that may result from unauthorised or unlawful processing, use or disclosure, or accidental loss, destruction, or damage to or of Personal Information and the nature of the personal information, and shall maintain all safeguard measures as is required by POPI.  

11.   Each Party shall not use, process, store, transfer or permit access to any personal information across the borders of South Africa, without the written consent of the other Party.  

12.   In the event of any actual, suspected, or alleged security breach, including, but not limited to, loss, damage, destruction, theft, unauthorized use, access to or disclosure of any personal information, each Party shall: 

12.1             notify the other Party as soon as practicable after becoming aware of such event; 

12.2             provide the other Party will all information regarding the breach in the Party’s knowledge and possession to allow the Party to ascertain what has occurred and which personal information has been affected.  

12.3             promptly take whatever action is necessary, at each Party’s own expense, to minimise the impact of such event and prevent such event from recurring.

13.   The Client hereby consents to the Company sharing the personal information as provided for herein cross border. Should the Client’s personal information be shared cross border, the personal information will not be subject to less protection than it enjoys in terms of South Africa’s data privacy laws.


Summary

DATA PROTECTION POLICY

Full policy

Data Protection Policy


1.             Introduction 

1.     Overview 

·         Where we refer to “process”, it means how we collect, use, store, make available, destroy, update, disclose, or otherwise deal with personal information. As a general rule we will only process this personal information if it is required to deliver or offer a service, provide a product, carry out a transaction or obligation in a contract.  

·         We may combine this personal information and use the combined personal information for any of the purposes stated in this Privacy Policy.  

·         If you use our other services, goods, products, and service channels you agree that we may process this personal information as explained under this Privacy Policy. Sometimes you may provide us with consent to process this personal information.  

·         The Company is a global organisation and as such this Privacy Policy will apply to the processing of personal information by any member of The Company globally. If The Company processes personal information for another party under a contract or a mandate, the other party’s privacy policy will apply to the processing of such information.  

·         The Company can change this Privacy Policy from time to time if the law or our business practices requires such change.  

·         This policy establishes a general standard for the appropriate protection of personal information (POPI) within the The Company environment furthermore, it provides principles regarding the rights of individuals to privacy and to reasonable safeguards of their personal information. 

2.     Scope 

All employees, contractors, consultants, temporary and other workers at The Company, including all personnel affiliated with third parties must adhere to this policy. This policy applies to information assets owned or leased by The Company, or to devices that connect to a Company network or reside at a Company site. 

 

2.             Policy Statement 

1.     What is personal information?  

Personal information refers to any information that identifies you or specifically relates to you, or your employees stored or processed on The Product/s. Personal information includes, but is not limited to, the following information about you and / or your employees:  

·         Marital status 

·         National origin 

·         Age 

·         Language 

·         Birthplace 

·         Education 

·         Relevant financial history 

·         Identifying number (like an employee number, identity number or passport number) 

·         E-mail address; physical address (like residential address, work address or your physical location); telephone number 

·         Biometric information (like fingerprints, signature, or voice) 

·         Race; gender; sex; pregnancy status; ethnic origin; social origin; colour; sexual orientation 

·         Physical health; mental health; well-being; disability; religion; belief; conscience; culture 

·         Medical history; criminal history; employment history 

·         Personal views, preferences, and opinions 

·         Another’s views or opinions about you. 

·         Full names and initials 

 

Personal information includes special personal information, as explained below.  

 

2.     When will we process your personal information?  

We will only process this personal information for lawful purposes relating to our business if the following applies: 

·         If you have consented thereto 

·         If a person legally authorised by you, the law, or a court, has consented thereto. 

·         If it is necessary to conclude or perform under a contract, we have with you 

·         If the law requires or permits it 

·         If it is required to protect or pursue yourour or a third party’s legitimate interest. 

 

3.     What is special personal information?  

Special personal information is personal information about the following:  

·         Race (like where a company submits reports to the Department of Labour where the statistical information must be recorded) 

·         Ethnic origin 

·         Trade union membership 

·         Health (like where you apply for an insurance policy) 

·         Biometric information (like to verify your identity); and / or your criminal behaviour and alleged commission of an offense.  

 

4.     When will we process your special personal information?  

We may process your special personal information in the following circumstances:  

·         If you have consented to the processing 

·         If the information is being used for any Human Resource or payroll related requirement 

·         If the processing is needed to create, use or protect a right or obligation in law.  

·         If the processing is for statistical or research purposes and all legal conditions are met 

·         If the special personal information was made public by you 

·         If the processing is required by law 

 

5.     When and from where we obtain personal information about you  

·         We collect personal information from you directly.  

·         We may collect personal information from a public record or if you have deliberately made the information public. 

·         We collect personal information from 3rd parties that are directly integrated with our software platform.  

·         We collect information about you based on your use of our products, services, or service channels. 

·         We collect information about you based on how you engage or interact with us such as via emails, letters, telephone calls and surveys. 

·         We collect personal information from completed forms i.e., contact and billing information. 

If the law requires us to do so, we will ask for your consent before collecting personal information.  

The third parties from whom we may collect your personal information include, but are not limited to, the following:  

·         Our partners, your employer, employees directly, any of our other Bureau or channel partners and any connected companies, subsidiary companies, its associates, cessionaries, delegates, assigns, affiliates or successors in title and / or appointed third parties (like its authorised agents, partners, contractors, and suppliers) for any of the purposes identified in this Privacy Policy.  

·         your spouse, dependents, partners, employer, and other similar sources.  

·         people you have authorised to share your personal information, like a person that makes a travel booking on your behalf or a medical practitioner for insurance purposes.  

·         attorneys, tracing agents, debt collectors and other persons that assist with the enforcement of agreements.  

·         payment processing services providers, merchants, banks, and other persons that assist with the processing of your payment instructions, like EFT transaction partners. 

·         insurers, brokers, other financial institutions, or other organisations that assist with insurance and assurance underwriting, the providing of insurance and assurance policies and products, the assessment of insurance and assurance claims and other related purposes.  

·         law enforcement and fraud prevention agencies and other persons tasked with the prevention and prosecution of crime.  

·         regulatory authorities, industry ombudsman, governmental departments, local and international tax authorities.  

·         trustees, Executors or Curators appointed by a court of law.  

·         our service providers, agents and sub-contractors like couriers and other persons we use to offer and provide products and services to you.  

·         courts of law or tribunals.  

 

6.     Reasons we need to process your personal information.  

We will process your personal information for the following reasons:  

·         to provide you with products, goods and services;  

·         to market our products, goods, and services to you.  

·         to respond to your enquiries and complaints.  

·         to comply with legislative, regulatory, risk and compliance requirements (including directives, sanctions, and rules), voluntary and involuntary codes of conduct and industry agreements or to fulfil reporting requirements and information requests. 

·         to conduct market and behavioural research, including scoring and analysis to determine if you qualify for products and services or to determine your credit or insurance risk;  

·         to develop, test and improve products and services for you;  

·         for historical, statistical and research purposes, like market segmentation.  

·         to process payment instruments. 

·         to create, manufacture and print payment advice; 

·         to enable us to deliver goods, documents or notices to you;  

·         for security, identity verification and to check the accuracy of your personal information;  

·         to communicate with you and carry out your instructions and requests.  

·         for customer satisfaction surveys, promotional offerings. 

·         to enable you to take part in and make use of value-added products and services.  

·         to assess our lending and insurance risks; and / or  

·         for any other related purposes.  

 

7.       How we use your personal information for marketing purposes  

·         We will use your personal information to market our services, related products, and services to you. 

·         We may also market non-banking or non-financial products, goods, or services to you. 

·         We will do this in person, by post, telephone, or electronic channels such as SMS, email, and fax.  

·         If you are not our customer, or in any other instances where the law requires, we will only market to you by electronic communications with your consent. 

·         In all cases you can request us to stop sending marketing communications to you at any time 

8.     When how and with whom we share your personal information  

In general, we will only share your personal information if any one or more of the following apply:  

·         If you have consented to this  

·         If it is necessary to conclude or perform under a contract, we have with you  

·         If the law requires it; and / or  

·         If it’s necessary to protect or pursue your, our or a third party’s legitimate interests.  

 

Where required, each member of the company may share your personal information with the following persons. These persons have an obligation to keep your personal information secure and confidential. 

 

·         Other members of The Company, its associates, cessionary, delegates, assigns, affiliates or successors in title and / or appointed third parties (like its authorised agents, partners, contractors, and suppliers) for any of the purposes identified in this Privacy Policy.  

·         Our employees as required by their employment conditions. 

·         Attorneys, tracing agents, debt collectors and other persons that assist with the enforcement of agreements.  

·         Payment processing services providers, merchants, banks, and other persons that assist with the processing of your payment instructions, like 3rd party EFT service providers. 

·         Law enforcement and fraud prevention agencies and other persons tasked with the prevention and prosecution of crime.  

·         Regulatory authorities, industry ombudsmen, governmental departments, local and international tax authorities, and other persons the law requires us to share your personal information with 

·         Our service providers, agents and sub-contractors like couriers and other persons we use to offer and provide products and services to you 

·         Persons to whom we have ceded our rights or delegated our obligations to under agreements, like where a business is sold 

·         Courts of law or tribunals that require the personal information to adjudicate referrals, actions or applications.  

·         Trustees, Executors or Curators appointed by a court of law 

·         Participating partners in our customer loyalty reward programmes, where you purchase goods, products and service or spend loyalty rewards; and / or our joint venture and other partners with whom we have concluded business agreements, for your benefit. 

 

9.     Under what circumstances will we transfer your information to other countries?  

We will only transfer your personal information to third parties in another country in any one or more of the following circumstances:  

·         Where your personal information will be adequately protected under the other country’s laws or an agreement with the third-party recipient 

·         Where the transfer is necessary to enter into or perform under a contract with you, or a contract with a third party that is in your interest. 

·         Where you have consented to the transfer; and / or  

·         Where it is not reasonably practical to obtain your consent, the transfer is in your interest. 

This transfer will happen within the requirements and safeguards of the law. Where possible, the party processing your personal information in the other country will agree to apply the same level of protection as available by law in your country or if the other country’s laws provide better protection the other country’s laws would be agreed to and applied.  

 

An example of us transferring your personal information to another country is where foreign payments take place if you purchase goods or services in a foreign country, or request that we facilitate salary payments to your employees in the countries.  

 

10.  Your duties and rights about the personal information we have about you  

You must provide proof of identity when enforcing the rights below.  

You must inform us when your personal information changes.  

Please refer to our Promotion of Access to Information Act 2 of 2000 Manual (PAIA Manual) for further information on how you can give effect to the rights listed below.  

You have the right to request access to the personal information we have about you by contacting us. This includes requesting:  

·         Confirmation that we hold your personal information. 

·         A copy or description of the record containing your personal information; and 

·         The identity or categories of third parties who have had access to your personal information. 

 

We will attend to requests for access to personal information within a reasonable time. You may be required to pay a reasonable fee to receive copies or descriptions of records, or information about third parties. We will inform you of the fee before attending to your request.  

 

Please note that the law may limit your right to access information.  

 

You have the right to request us to correct or delete the personal information we have about you if it is inaccurate, irrelevant, excessive, out of date, incomplete, misleading, obtained unlawfully or we are no longer authorised to keep it. You must inform us of your request in writing. Please refer to our PAIA Manual for further information in this regard, like the process you should follow to give effect to this right. It may take up to 15 business days for the change to reflect on our systems. We may request documents from you to verify the change in personal information.  

 

A specific agreement that you have entered with us may determine how you must change your personal information provided at the time when you entered into the specific agreement. Please adhere to these requirements. If the law requires us to keep the personal information, it will not be deleted upon your request. The deletion of certain personal information may lead to the termination of your relationship with us.  

 

You may object on reasonable grounds to the processing of your personal information.  

We will not be able to give effect to your objection if the processing of your personal information was and is permitted by law; you have provided consent to the processing and our processing done according to your consent or the processing is necessary to conclude or perform under a contract with you.  

 

You must inform us of any objection in writing. Please refer to our PAIA Manual for further information in this regard, like the process you should follow to give effect to this right. 

 

Where you have provided your consent for the processing of your personal information, you may withdraw your consent. If you withdraw your consent, we will explain the consequences to youWe may proceed to process your personal information even if you have withdrawn your consent if the law permits or requires it. It may take up to 15 business days for the change to reflect on our systems, during this time we may still process your personal information.  

You have a right to file a complaint with us or any Regulator with jurisdiction about an alleged contravention of the protection of your personal information by us. We will address your complaint as far as possible.  

 

11.  How we secure your personal information  

We will take appropriate and reasonable technical and organisational steps to protect your personal information according to industry best practices. Our security measures (including physical, technological, and procedural safeguards) will be appropriate and reasonable. This includes the following:  

·         Keeping our systems secure (like monitoring access and usage) 

·         Storing our records securely 

·         Controlling the access to our buildings, systems and/or records; and  

·         Safely destroying or deleting records 

·         Ensure compliance with international security standards. 

 

12.  How long do we keep your personal information?  

We will keep your personal information for as long as:  

·         The law requires us to keep it 

·         A contract between you and us requires us to keep it 

·         You have consented to us keeping it 

·         We are required to keep it to achieve the purposes listed in this Privacy Policy. 

·         We require it for statistical or research purposes. 

·         A code of conduct requires us to keep it; and / or  

·         We require it for our lawful business purposes. 

Note: We may keep your personal information even if you no longer have a relationship with us, for the historical data that may be required by your employer or employee.  

 

13.  Children's Privacy 

Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided The Company with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, we take steps to remove that information from Our servers. 

 

If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, we may require Your parent's consent before We collect and use that information. 

 

14.  Our cookie policy  

A cookie is a small piece of data sent from our websites or applications to your computer or device hard drive or Internet browser where it is saved. The cookie contains information to personalise your experience on our websites or applications and may improve your experience on the websites or applications. The cookie will also identify your device, like the computer or smart phone.  

By using our websites or applications you agree that cookies may be forwarded from the relevant website or application to your computer or device. The cookie will enable us to know that you have visited the website or application before and will identify youWe may also use the cookie to prevent fraud and for analytics.