Confidentiality and Privacy Policy

in respect of


22 JANUARY 2016


The Foundation is committed to ensuring the promotion of the constitutional right to privacy and the protection of Personal Information of all Users.
The purpose of this Policy is to regulate the usage and protection of Personal Information uploaded and/or entered by the User to the Website.
This policy shall apply to all Users who visit the Website and/or subscribe to the Services.


1.1. “Business” means the business of the Cape Digital Foundation in promoting and driving e-Learning and any business ancillary thereto;
1.2. Cookies” means a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web applications can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
1.3. “Data” means, without limitation –
1.3.1. any information entered by the User into the Website;
1.3.2. any information entered with the authority of the User into the Website; and
1.3.3. any information collected by way of electronic devices, mobile platform applications or other methods as may reasonably be necessary;
1.4. “the Foundation” means the Cape Digital Foundation ;
1.5. “Opt-Out” means that the User has the right to object to data processing and to object to the receipt of any communication both before and after a communication is sent to the User and any personal information is processed by the Foundation. Should the User opt out from receiving any communication, no further communications can be sent to the User
1.6. “Parties” means the Foundation and the User and “Party” shall mean any one of them as the context may indicate;
1.7. “Personal Information” shall have the same meaning attributed to it in terms of POPI;
1.8. “the/this Policy” means the confidentiality and privacy policy;
1.9. “POPI” means the Protection of Personal Information Act 4 of 2013;
1.10. “Regulator” means the Information Regulator as established by POPI;
1.11. “Services” means the promotion and development of e-Learning;
1.12. “Special Personal Information” means the personal information as referred
to in Section 26 of the POPI;
1.13. “User” means any natural person or duy authorized representative of a juristic person who makes use of the Services;
1.14. “Website” means the internet site location of web pages located at http://www.


2.1. The Foundation reserves the right to at any time and without obtaining the prior approval of the User to amend this Policy when updating the Website to ensure the protection of the User’s Personal Information.
2.2. The Foundation undertakes to notify the User in writing of any such changes to the Polciy by –
2.2.1. placing a notice on the homepage of the Website; and
2.2.2. forwarding such notice by electronic mail to the User.
2.3. Refusal by the User to accept such amendments shall result in the termination of the Service.
2.4. Should the User continue to make use of the Services following any amendments to this Policy, the Foundation shall deem the User to have accepted such amendments.


3.1. The Foundation may collect any Personal Information uploaded to or entered onto the Website.
3.2. The Foundation undertakes to process all Personal Information collected on its Website in a lawful manner.
3.3. The Foundation shall not process any Special Personal Information.
3.4. The Foundation shall use the Personal Information in the ordinary course of its Business to provide the Services and shall further use such Personal Information to improve its Services by analyzing such Personal Information to determine trends, provide statistical analysis and evaluate progress.
3.5. The Foundation undertakes to make use of the Personal Information as follows –
3.5.1. for internal record keeping;
3.5.2. to improve its products and Services;
3.5.3. to periodically send promotional emails to the User relating to new products, special offers or other information which the Foundation may deem relevant to the interests of the User;
3.5.4. to, from time to time, contact the User, by email, telephone or fax, for purposes of market research; and
3.5.5. to customize the Website according to the User’s interests.
3.5.6. The Foundation shall not sell, distribute or lease Personal Information collected on the Website to any third party unless – the User has provided his/her express permission to do so; or the Foundation is required by law to do so.
3.5.7. Provided that the User has consented to such usage, the Foundation may use the User’s Personal Information to send him/her promotional information relating to third parties.


4.1. The Foundation undertakes to provide –
4.1.1. a secure connection when Users upload and/or enter any Personal Information to the Website; and
4.1.2. a secure location to store such Personal Information as to prevent any unauthorized access and/or disclosure of Personal Information by any unauthorized Users.
4.2. In order to prevent any unauthorized access or disclosure as discussed above, the Foundation have implemented suitable physical, electronic and managerial procedures to safeguard against any unauthorized access to Personal Information and to ensure that the Personal Information remains secured upon collection.
4.3. Where there a reasonable grounds to suspect that certain Personal Information has been accessed or acquired by an unauthorized third party the Foundation will inform the Regulator and the User, if the User is easily identifiable.


The Foundation, more specifically the Website, makes use of Cookies to identify pages previously visited and/or accessed by the Users.
The purpose hereof is to maximize the User’s usage experience.
The Foundation undertakes to only use such information and data collected by Cookies for statistical analysis purposes, whereafter such information and data shall be removed from the Foundation’s system.
The Foundation will in no way have access to the User’s personal computer or any information, other than the information and data uploaded by the User to the Website.
The Foundation undertakes to provide the User with the choice to accept or decline the usage of Cookies. This may however affect the User’s usage experience of the Website.


The Foundation confirms that the Website may contain links to other websites.
The Foundation does not accept any liability for damages caused, either by the unauthorized access to Personal Information or otherwise, by the User accessing such websites by following the website links.


The User shall only be required to enter such Personal Information in order to allow the Foundation to execute its Services effectively.
Such Personal Information required shall be indicated on the entry page and any other Personal Information entered by the User shall be on his/her own accord.
The User shall at all times, when receiving promotional information, be provided with an Opt-Out option in accordance with the requirements of POPI.
The Foundation shall, by email or otherwise, provide the User with any such Personal Information relating to such User, provided that the User supplies the Foundation with the answers to certain security questions provided by the Foundation.
The Parties agree that the User shall be responsible to update any outdated Personal Information uploaded to the Website.