Student Contract

15. PERSONAL INFORMATION PROTECTION AND SECURITY

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15.1
The Fund acknowledges that in participating in the Programme in terms of this Agreement, it, and the Institution, may be required to process the Student’s Personal Information and undertake to do so only in terms of applicable legislation and under the supervision of a designated data controller/responsible party, in particular with regard to the purposes of the processing, the categories of Personal Information which may be processed and the recipients of the Personal Information.
15.2
The Fund and Institution shall process the Student Personal Information for the purpose of this Agreement and shall:
15.2.1
not process such information in excess of that purpose;
15.2.2
collect such information for a specific, explicitly defined and lawful purpose related to the terms under this Agreement;
15.2.3
confirm with the Student prior to processing Personal Information of any third party that such processing is compatible with its purpose as stated in terms of this Agreement; and
15.2.4
ensure that Personal Information in its possession is complete, accurate, not misleading and up-to-date.
15.3
In certain circumstances, the Fund will have to collect and process the personal information of the guardian of the student / bursary holder. The purpose for collecting and processing this information is for all purposes relating to the execution of the contract and bursary, as well as any related governance processes.
15.4
The Fund shall use all reasonable efforts to assist the Student to comply with its obligations to respond to requests for access to the Student records to whom the Personal Information relates.
15.5
The Fund shall limit access to Personal Information to Personnel strictly necessary for the performance, management and monitoring of this Agreement.
15.6
The Fund undertakes to adopt appropriate technical and organisational security measures having regard to the risks inherent in the processing and to the nature of the Personal Information concerned in order to:
15.6.1
prevent any unauthorised person from having access to computer systems processing Personal Information, and especially:
15.6.1.1
unauthorised reading, copying, alteration or removal of storage media;
15.6.1.2
unauthorised data input as well as any unauthorised disclosure, alteration or erasure of stored Personal Information;
15.6.1.3
unauthorised using of data-processing systems by means of data transmission facilities;
15.6.1.4
ensure that authorised users of a data-processing system can access only the Personal Information to which their access right refers;
15.6.1.5
record which Personal Information has been communicated, when and to whom;
15.6.1.6
ensure that Personal Information being processed on behalf of third parties can be processed only in the manner prescribed by the Bursary Provider or in terms of legislation;
15.6.1.7
ensure that, during communication of Personal Information and transport of storage media, the data cannot be read, copied or erased without authorisation;
15.6.1.8
design its organisational structure in such a way that it meets Data protection requirements.
15.7
The Student and the Guardian hereby consents to the processing by The Fund and associated parties of his/her Personal Information, and any other information that the Student may provide to The Fund for all purposes relating to this Agreement.
15.8
The Parties record that all Data, in whatever form, is the Student’s Intellectual Property and accordingly the Student retain all rights, title and interest in and to such Data.
15.9
The Fund shall not share any of the Student or Guardian’s personal information with any of its Personnel and/or transfer such information to Personnel outside the Republic of South Africa without the prior written consent of the Student.
15.10
The Fund undertakes to return all Personal Information to the Student at the expiry of this Agreement or termination of this Agreement for any reason whatsoever and/or provide the Student with evidence that all Personal Information in its possession has been destroyed.