Kleutermaatjies

POPIA

1. INTRODUCTION

KLEUTERMAATJIES NURSERY SCHOOL (http://www.kleutermaatjies.co.za) appreciates the trust our parents put in our school and the awesome opportunity to be their partner to invest in the lives of their little-ones. Our motto is “CHOOSE SMART – CHOOSE PERFECT PEACE OF MIND” and we do our utmost best for the past 23 years to live up to this standard. Kleutermaatjies is therefore also a POPI Act/ POPIA compliant school.

2. PROTECTION OF PERSONAL INFORMATION (POPI Act or POPIA Act 4 of 2013).

2a. The POPIA Act became an Act of law in 2013. It will be finally implemented in February 2022. The protection of  Personal Information is intended to ensure that the processing of personal information is done fairly without harmfully affecting the rights of Data Subjects. In POPIA terms a Data Subject is the person to whom the personal information relates – in the school context it refers to parents, children and all employees. The Personal Information of a Data Subject collected, refers to information relating to an identifiable, living natural person or juristic person (e.g. information relating to identity, race, gender, marital status, age, health, disability, language, education and employment, criminal history, contact details,  physical and business addresses, etc).The third role player in the process is the Responsible Party and is the public or private body (or any other person) which, alone or in conjunction with others, determines the purpose of and means for processing personal information.

2b. A person’s Right to privacy means to have control over his/ her personal information and being  able to conduct his/ her affairs relatively free from unwanted intrusions. Given the importance of privacy, KLEUTERMAATJIES NURSERY SCHOOL is committed to effectively manage personal information in accordance with POPIA’s guidelines.

2c. POPIA establishes the rights and duties of data collection to enable the protection of personal data. The data should be required for the  legitimate needs of the school, and the use of personal data for its business and other purposes, while still respecting the privacy of the Data Subjects. KLEUTERMAATJIES regards the lawful and appropriate processing of all personal information as crucial to the school and therefore fully endorses and adheres to the principles of the Protection of Personal Information Act, Act 4 of 2013 (POPIA).

3. INFORMATION OFFICER.

The POPIA requirements include the appointment of an Information Officer. He will be registered with the Information Regulator (an Independent Body established by Government in terms of section 39 of the Protection of Personal Information act 4 of 2013).   The person appointed as the Information Officer has an important responsibility and a duty to ensure that KLEUTERMAATJIES NURSERY SCHOOL complies with POPIA terms. The tasks of the Information Officer include:

● Deal with requests made by the Information Regulator or Data Subjects.
● Work with the Information Regulator in relation to investigations.
● Develop, implement and monitor a compliance framework for the POPIA compliance within the school.
● Develop internal measures and adequate systems to process requests for access to information.
● Ensure that internal awareness sessions are conducted and staff trained in POPIA compliancy.
● Alter, modify and replace agreements, documents and other documentation containing personal information compiled before 01 July 2021 to comply with POPIA requirements.
● Any other responsibilities as may be prescribed from time to time (by the Minister or the Information Regulator).

The Information Officer of KLEUTERMAATJIES is JAPIE DEYSEL 079 522 7188.

4. COLLECTING AND PROCESSING OF INFORMATION.

Collecting of information is essential to the administrative business of our school. In collecting personal data it is the responsibility of the staff to utilise the information both effectively and ethically. A balance has to be maintained between the Data Subject’s right to privacy and the legitimate business requirements of the School (Responsible Party) .
Personal information can be categorised as:
Personal information in general (General personal information relating to an identifiable living natural person or juristic person and can be information such as race, gender, sex, employment history, physical address, age, culture etc.)
Special personal information includes information such as religious beliefs, criminal behaviour, trade union membership, health or sex life etc.
Personal information of children. This refers to personal or special personal information and include requirements for daily lawful processing of information regarding the children enrolled in the school.

5. LAWFUL PROCESSING OF INFORMATION.

KLEUTERMAATJIES strives to abide by the eight (8) prescribed conditions of POPIA for Lawful Processing of information.  These conditions are:

5a. Accountability.
Accountability stipulates that the responsible party has the responsibility of ensuring the other conditions are in place before data processing commences. The responsible party must ensure POPIA compliance both when deciding to process data as well as when the processing of the data is in progress.

5b. Processing Limitation.
To meet this condition, data must be processed:
● In a way that does not risk the Data Subject’s privacy.
● Process only relevant data with a specific purpose in mind.
● Obtain and keep consent from the Data Subject before processing.
● Protect the legitimate interest of the Data Subject.
● Allow Data Subjects to object to processing and/or withdraw consent at any  time.

5c. Purpose Specification.
● The School must collect information only for a “specific, explicitly  defined and lawful purpose” related to one of the School’s normal activities.
● The Data Subjects must be aware of that specific purpose.
● The School must destroy, delete or de-identify the record as soon as practical.
● The School may not retain records indefinitely. Once the School no longer needs a record for the processing purpose, it no longer has a right to keep the data unless required by law (civil, penal, contract, or other law).

5d. Further Processing Limitation.
● The School will only process data in ways compatible with the purpose of the data it is needed for.
● The School can always further process data if: the Data Subject gives consent, the information came from the public record, the law requires further processing and the processing is related to national security.

5e. Information Quality.
● The School must take reasonably practical steps to ensure that personal  information is complete, accurate, not misleading and updated where necessary, having regard to the purpose for which the personal information is collected or further processed.

5f. Openness.
● Openness refers to the School’s responsibility under the Promotion of Access to Information Act 2 of 2000 (PAIA) and is responsible to maintain strict documentation of all the processing activities it undertakes. The objectives of PAIA is:
● To promote transparency, accountability and effective governance of all public and private bodies.
● To encourage openness.
● To establish voluntary and mandatory mechanisms or procedures which give effect to the right of access to information in a speedy, inexpensive and effortless manner.
● Please note that KLEUTERMAATJIES NURSERY SCHOOL is exempted from compiling and maintaining a PAIA manual as we do not employ more than 50 employees.

The principle of openness from a POPIA perspective refers to:
● Data Subjects should be aware of:
  o The source of the School’s information
  o The School’s address and contact details.
  o The School’s purpose for collecting data.
  o Whether the collection of data is voluntary or mandatory.
  o What will happen if the Data Subjects don’t provide their data to the School as
requested?
  o The relevant legislation that allows for data collection from Data Subjects.
  o Proof of consent must be retained to safeguard you against claims of misuse made by the Data Subject.

5h. Data Subject participation.
Data Subjects may request information from you on whether you are holding their personal information. This request may not be declined and may not be charged for. The full nature and details of the information being held must also be provided on request but a charge may be levied for this information. The Data Subject has the right to correct the personal information that you hold. They also have the right to withdraw consent at any time.

6. DATA STORAGE LOCATION.

6a. Afrihost:
KLEUTERMAATJIES NURSERY SCHOOL utilizes the service the Afrihost Data Provider. Afrihost adheres to the SA “Privacy Shield”, ensuring that your data is securely stored and General Data Protection Regulation (GDPR) compliant. For more information on Afrihost privacy policy,  Afrihost Data Privacy Policy can be contacted.

6b. Noltec It Integration:
College Pro is an internet connected financial solution designed and maintained by Noltec It Integration, managing all financial transactions regarding the children enrolled in KLEUTERMAATJIES NURSERY SCHOOL. It therefore also stores information pertaining to all children enrolled in the school. The program manages all income, mainly from parents and perform accounting actions to keep every account up to date and create documentation such as different forms and statements. The system is password protected. Noltec’s Private Policy is available at  www.noltec.co.za/downloads.

6c. Sage Pastel Payroll.
The remuneration of the KLEUTERMAATJIES NURSERY SCHOOL staff is monthly conducted through the Pastel Sage Payroll System. The PRIVACY POLICY of SAGE can be viewed on https://www.sage.com/en-za/legal/privacy-and-cookies/. Payslips are printed by the manager of KLEUTERMAATJIES NURSERY SCHOOL only and provided to the employee in sealed envelopes to protect personal information.

7. TRAINING OF STAFF.

The seriousness of POPIA is communicated to the staff of our School. A large amount of information is often conveyed between teacher and parent. A parent may inquire whether their child adapts in the class. The child was not well when brought to school perhaps or falls sick and the teacher has to contact the parent etc. Daily procession of information is very prevalent. WhatsApp groups have also become a convenient method of communication between parent and teacher. POPIA have significant influence on this communication and all communication on the media will be POPIA compliant.

8. FACEBOOK.

The Facebook page (https://www.facebook.com/Kleutermaatjies/) is used to display our Facebook timeline on our site. Facebook has its own cookie and privacy policies over which we have no control. There is no installation of cookies from Facebook and your IP is not sent to a Facebook server until you consent to it. Facebook Privacy Policy. We realize that we at KLEUTERMAATJIES NURSERY SCHOOL are accountable to protect all private information.

9. WHATSAPP.

Even though WhatsApp has assured users that the processing of data will be specific to WhatsApp Business, it must be noted that this is still in non-compliance with POPIA. Any data that a company processes can only be done with prior consent of the user or Data Subject. Any data that is processed must be data that was intended to be processed by the users when they commenced usage of the app. WhatsApp is required to obtain prior authorization from South Africa’s Information Regulator, in terms of section 57 of POPIA if it intends to process any unique identifiers of Data Subjects (i.e. WhatsApp users and their personal information) or a purpose other than the purpose for which the unique identifier was specifically intended at collection and more so, with the intention of linking the information together with information processed by other responsible parties (i.e. Facebook). Each user therefore using WhatsApp will have to ensure that they comply with POPIA when processing any Data Subject’s personal information.

At KLEUTERMAATJIES our staff is encouraged and trained to deal with personal information effectively and ethically. A balance has always to be maintained between the Data Subject’s right to privacy and the legitimate business requirements of the School. It is requested from the Administrators of WhatsApps groups that participants/ members provide consent to be part of the group. Participants/ Members of groups have the right to refuse to be added on a group and free to leave a group (opt out). If members on existing groups do not leave the group however, it is presumed and accepted that they consent to be part of that specific group and that their information is visible to others and therefore available for collection.  We recommend “broadcast” groups however as the information of the other members is not visible.  No information whatsoever will be used by the school without the consent of the Data Subject been obtained.

10. POPIA RIGHTS.

To be POPIA compliant is critically important to us. It is therefore our aim to comply with the South African Protection of Personal Information Act 4 of 2013 Regulation. For more details please see here: Protection of Personal Information Act 4 of 2013

11. AMENDMENTS.

We may amend this Privacy Policy from time to time. When we amend this Privacy Policy, we will update this page accordingly and require you to accept the amendments in order to be permitted to continue using our services.

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