INTRODUCTION

This privacy notice has been adopted as part of the Personal Information Protection Compliance Framework of JumpCO consulting (Pty) Ltd and JumpCO digital (Pty) Ltd (for the sake of convenience referred to jointly as “JumpCO”).

During your interactions with us, it may happen that we need to process some information about you which may constitute personal information for purposes of POPI, which may include accessing it, storing it, merging it with other information, deleting or destroying it, and possibly sharing it with third parties.

In terms of s18 of POPI we are required to bring to your attention certain matters relating your personal information, which we set out in this notice document.  By interacting with JumpCO and providing your personal information to us, you acknowledge that you have read and understood this notice and have agreed to the contents hereof.  You furthermore authorize us to take any of the actions described herein insofar as your personal information is concerned.

GLOSSARY OF TERMS

Below is a list explaining some of the commonly used terms in this framework and the individual policies forming part hereof:

Accountability

This condition makes it a requirement for all responsible parties to comply with the other seven conditions.  In practice, this is mostly the responsibility of the information officer and his or her deputies.  This includes:

• Encouraging compliance within JumpCO.
• Handling information requests.
• Co-operating with the Information Regulator if there is an investigation or query.
• Taking such other measures as may be prescribed by regulation.

Limitations on processing

This condition is aimed at ensuring that processing of personal information is as limited as possible, with reference to the purpose for which it is processed.  It requires that:

• Processing must be done in a lawful manner (i.e. comply with POPI or other applicable laws) and in a reasonable manner, which does not unreasonably infringe on the data subject’s privacy.
• The extent of the personal information that is processed must be limited to such information as is relevant, adequate and not excessive in relation to the reason for processing the information.
• Personal information may be processed if necessary in order to provide a service to a data subject, or if they consent to its processing.  The data subject may withdraw this consent, but it may then become impossible to provide them with services.
• Lastly, as far as reasonably possible, personal information must be collected directly from the data subject to whom it pertains and not from third parties, although this is subject to other applicable laws (e.g. FICA), which may require verification with third parties.

Reasons for processing

This condition relates to the purpose for which personal information is being processed.  In most cases, a responsible party must explain to the data subject, what their reason is for needing the information and what they are going to use it for.

Quality of information

A responsible party is required to take “reasonably practicable” steps to ensure that the information it processes is complete, accurate, not misleading and updated where necessary, with reference to the purpose for which the information is being processed.  In other words, reasonable systems must be put in place to make it as simple and easy as possible to keep information accurate and up to date.

Notices and communication

This condition relates to communication and notifications to data subjects, which helps them to understand what their information is being used for and how to exercise their rights in respect of their information.

Security

A responsible party is required to take “appropriate, reasonable technical and organisational measures” to prevent loss, damage, unauthorized destruction and unauthorized access to or processing of personal information.

Where a responsible party allows information to be processed by an operator in its behalf, it is required to have a written contract with such operator, wherein the operator agrees to comply with the same security requirements as the responsible party.   The Operator must furthermore notify the Responsible Party in the event of a suspected data breach.

In the event of a suspected data breach, a responsible party is required to notify the Information Regulator, as well as affected data subjects.

Participation

This condition relates to a data subject’s rights to access personal information about them and to request corrections, deletion or destruction thereof.  The manner in which information may be requested is actually not regulated by POPI, but by PAIA, which is why POPI requires responsible parties to prepare or update their PAIA manuals.

CONTACT INFORMATION

Information that we process

We process various types of information relating to various data subjects, which will differ depending on your relationship with JumpCO.

Please refer to Schedule 1 of this notice for a breakdown of the personal information commonly processed by JumpCO.

How we process it

We process personal information by way of digital and physical means.  Certain information is processed only by digital means – especially if it was provided to us only in digital format or using one of our digital platforms – and is subject to the safeguards contained in our ICT Security Policy.  Other information is captured manually by way of standard application forms.  These records are kept in physical format and secured physically, in accordance with the Physical Information Security Policy.  Such information is also captured digitally and stored on our digital infrastructure in accordance with the provisions of our ICT Security Policy.

Reasons for processing personal information and consequences of not doing so

The proper functioning of JumpCO as a provider of digital learning and assessment solutions requires us to process certain personal information.  This could be for any of the following reasons:

• To provide digital learning and assessment tools to schools and businesses.
• To provide employment to our staff and interns and to interact with them in the context of the employment relationship.
• To engage with existing clients or customers about ongoing services.
• To market JumpCO’s services to existing and potential customers or clients.
• To procure services and manage relationships with service providers.
• Any other reason which is integral to our functioning properly as a business.

Where we may obtain your personal information from

In most cases, we will request your personal information directly from you.  However, in some cases we may need to obtain it from third parties.  This will be the case if you have authorized us to do so, or where the nature of our interaction with you reasonably requires us to do so.   If we process your personal information on behalf of one of our customers or clients (including schools), then we do so because the said client or customer has warranted to us that they have obtained your authorization to share such information with us.

We may also be legally required to independently verify some of the information provided to us in terms of applicable anti-terrorism and anti-money laundering legislation (including, but not limited to, the Financial Intelligence Centre Act 38 of 2001, as amended), which may include our accessing government or public directories in order to obtain certain personal information about you.

In some cases, especially if you are an organisation, we may need to obtain personal information relating to third parties (such as your office bearers or employees) from you.  You hereby warrant that you have the express and informed consent of such third parties to provide us with any such information and indemnify us against any liability to such third parties, or any other party, as a result of a lack of such authorization.

If you are a parent or legal guardian of a pupil using one or more of our learning or assessment management platforms who is younger than 18, you hereby consent to our processing the personal information of your children for the reasons set out above.

Where we need to process information classified as “special” personal information (e.g. medical information or information relating to children) for any of the reasons specified above, you hereby consent to our processing of such special personal information.

Sharing of your personal information with third parties

We may need to share your personal information with third parties.  In general, this is limited to transmitting or storing such information through, or on, electronic communication and storage infrastructure administered by third party service providers, which is subject to reasonable security safeguards.  However, depending on the nature of our interaction with you, we may need to share some of your personal information with other third parties.   For example, if you are a user of one of our learning or assessment management platforms, your personal information may be shared with authorized personnel of our client or customer – i.e. your employer or school.

Information leaving the country

We may need to transmit your personal information to a location outside of the country, where it may be processed by third parties.  This may, for example, happen while we are communicating with you while you are not in the country.  It may also happen where our backup infrastructure is located in, or administered from another country.  In such cases, the transmission and processing of such information is subject to the provisions of s72 of POPI, meaning that the third party to which we may transmit your information will either be subject to laws, or a contract with us, or corporate binding rules, which requires them to employ the same reasonable safeguards in respect of your personal information that we are required to comply with in terms of POPI.

Retention of your personal information

In general, we only retain your personal information for the duration of our interactions with you and for a reasonable period thereafter, in order to facilitate further similar interactions.   We are, however, in some cases legally required to keep certain information for specific periods of time, which usually does not exceed a period of 5 years.  Please refer to Schedule 2 of this policy for instances where specific retention periods apply.

Information that we retain for marketing or statistical purposes may be retained indefinitely, provided that you have authorised us to use the information for marketing purposes or, in the case of use for statistical purposes, that the information has been anonymized.

Information Security

As required by s19 of POPI, the confidentiality and integrity of any personal information processed by us is subject to reasonable technical and organisational safeguards to prevent loss, damage, destruction or unauthorised access, having due regard to generally accepted information security practices and procedures.  We will notify you, and the Information Regulator, should we suspect that a data breach has occurred.

We are not liable to you, or any other person, for any harm, loss, damage, destruction or unauthorized access that may occur despite our implementation of such reasonable safeguards.