Goodie Tutors (SA) (Pty) Limited
INFORMATION THROUGH THIS WEBSITE OR THE ASKGOODIE CALL CENTRE.
This Agreement was last revised on 2017/08/10.
You are advised to regularly check the Website www.askgoodie.co.za for any amendments or updates.
Enquiries: Yusuf Timol firstname.lastname@example.org
- “AskGoodie” shall mean the call centre tutoring service which is contactable which allows access to Tutors for Students.
- “Child” shall mean a natural person under the age of 18.
- “Competent Person” shall mean a person who is legally competent to consent to any action or decision being taken in respect of any matter concerning a child.
- “Personal Information” shall mean information relating to the
4.1 race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person;
4.2 information relating to the education or the medical, ﬁnancial, criminal or employment history of the person; any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identiﬁer or other particular assignment to the person;
4.3 the biometric information of the person;
4.4 the personal opinions, views or preferences of the person;
4.5 correspondence sent by the person that is implicitly or explicitly of a private or conﬁdential nature or further correspondence that would reveal the contents of the original correspondence;
4.6 the views or opinions of another individual about the person;
4.7 and the name of the person if it appears with other Personal Information relating to the person or if the disclosure of the name itself would reveal information about the person.
- “Student” shall mean a Grade 10-12 South African student studying Mathematics and/or Physical Sciences across the Cambridge curriculum, Independent Examination Board IEB) or the South African Curriculum Assessment Policy Statements (CAPS) curriculum;
- “Subscription Service” shall mean the ongoing access to a Tutor at the call centre by a Student subject to payment of a Subscription Fee.
- “Tutor” shall mean the university student employed by Goodie Tutors to provide telephonic tutoring services through the call centre;
- “User/s” shall mean any individuals who make use of or access the Website and/or Subscription Service;
1. UNDERSTANDING PERSONAL INFORMATION
The processing of Personal Information shall include the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation, use; dissemination by means of transmission, distribution or making available in any other form; or merging, linking, as well as blocking, degradation, erasure or destruction of information.
Goodie Tutors strives to ensure that the conditions set out in the Act and all the measures that give effect to such conditions, are complied with when processing Personal Information. In particular, Goodie Tutors strives to ensure that Personal Information and Special Personal Information is processed in a manner that is lawful, adequate, relevant and not excessive given the purpose of collection.
2. COLLECTION OF PERSONAL INFORMATION
2.1 Goodie Tutors collects and processes information that can be used to identify You personally (“Personal Information”) that is necessary to providing, facilitating and maintaining the Website and Subscription Services.
2.2 Subject to consent, we collect Personal Information/Special Personal Information from the following entities:
2.2.1 natural persons over 18;
2.2.2 natural persons under the age of 18, we collect Special Personal Information with the consent of the parent, legal guardian or Competent Person;
2.2.3 Website users;
2.2.4 Users who have subscribed to the Subscription Service; and
2.2.5 people who send enquiries or requests to our contact email address.
2.3 As a parent, guardian or Competent Person, on behalf of the child, You consent to the collection, processing, sharing and storage of Special Personal Information for the purpose of facilitating access to the Website and Subscription Service.
2.4 Personal Information that may be collected by Goodie Tutors
2.4.1 First and last name;
2.4.2 Country of residence;
2.4.4 Physical address;
2.4.5 Mobile phone number;
2.4.6 Email address;
2.4.7 Name of School;
2.4.8 School grade;
2.4.9 School subjects;
2.5 Goodie Tutors collects and processes Personal Information that is provided to them by Students, Tutors and or parents, guardians and/or Competent Person in the following instances:
2.5.1 On registration for the Subscription Service;
2.5.2 Upon use of the Subscription Service;
2.5.3 Upon accessing the Website; and
2.5.4 Via correspondence via e-mail, fax, telephone and post.
2.6 Goodie Tutors retains records for a period that is longer than is required by law and You hereby consent to such retention of Personal Information/Special Personal Information.
2.7 We may also collect Personal Information/Special Personal Information through Your access and use of our Website and through Your participation in various activities on the Website.
2.8 There may be instances where we may also collect some information that is not Personal Information/Special Personal Information because it does not identify You or anyone else (we may collect anonymous answers to surveys or aggregated information about how You use our Website).
2.9 If You use our Website or AskGoodie, we use tracking technologies to collect information such your activity or the information You request. This information collected is kept confidential. The use of tracking technologies enables us to keep track of services You use so that we may provide You with further information.
3. USE AND PURPOSE OF COLLECTING PERSONAL INFORMATION
3.1 The primary purpose for collecting and processing Your Personal Information is to enable us to provide You access to the Website and Subscription Service. Goodie Tutors also collects and processes Personal Information in order:
3.1.1 to identify the Student to effect the Subscription Service registration process;
3.1.2 to communicate with the User;
3.1.3 to create and administer Your account;
3.1.4 to send SMS and email alerts;
3.1.5 to verify the User’s identity;
3.1.6 to participate and enter various national and international entrepreneurship competitions;
3.1.7 to process and respond to any complaint made by You;
3.1.8 to enable ease of use of the Website;
3.1.9 to assess the performance of the Subscription Service;
3.1.10 to engage in legitimate electronic communications and transactions with You;
3.1.11 to provide feedback on any related enquiries;
3.1.12 to provide You with direct marketing material;
3.1.13 to update our records and keep Your contact details up to date;
3.1.14 to comply with any law, rule, regulation, lawful and binding determination, decision or direction of a regulator, or in co-operation with any governmental authority of any country.
3.2 We are also able to use the information collected, including the voice recordings, to improve our internal technical and business processes. We research users’ habits, measure traffic patterns in the aggregate, analyse trends, administer the Website and Subscription Service, track users’ actions and gather broad demographic information.
3.3 In some instances, Goodie Tutors may also collect sensitive information about users, such as information about their racial or ethnic origin. Consent is obtained for the collection of such information.
4. CONSENT FOR PROCESSING PERSONAL INFORMATION
4.1 By using the AskGoodie Website and/or Subscription Service, You hereby consent to Your Personal Information (including Special Personal Information) for the abovementioned purposes, associated purposes and to (a) update our records; (b) keep Your contact details up to date; (c) to comply with any law, rule, regulation, lawful and binding determination, decision or direction of a regulator, or co-operate with any governmental authority of any country.
4.2 By Using the Website and/or Subscription Service, You represent that You are of the age of 18 or where You are under 18, a Competent Person has given consent to allow You to utilise this Website and Subscription Service. This consent is effective on access of the Website and/or Subscription Service.
4.3 You, or a Competent Person in the case of a child, consent/s to the processing of Personal Information/Special Personal Information. As a Competent Person You agree that giving such consent means that You have given Goodie Tutors permission to collect and process the child’s Special Personal Information in the ways described in this Policy.
4.4 You understand that Your consent to the processing of Your Personal Information/Special Personal Information by Goodie Tutors pertains to the provision of information and the Website; as well as associated purposes.
4.5 Personal Information/Special Personal Information may be processed by Goodie Tutors in the country where it was collected as well as other countries where laws regarding processing of Personal Information differ.
4.6 You consent to the receipt of direct marketing communications regarding all business activities and news.
4.7 You expressly consent to Goodie Tutors retaining Your Personal Information/Special Personal Information once Your relationship with Goodie Tutors has been terminated and using the information for aggregate, statistical and reporting purposes.
5. HANDLING OF PERSONAL INFORMATION
5.1 Goodie Tutors endeavours to comply with all laws and regulations applicable to Goodie Tutors pertaining to information and communications privacy including, but not limited to, the 1996 South African Constitution and the Protection of Personal Information Act 4 of 2013 (“the Act”). Goodie Tutors applies the principles of protection of Personal Information under the Act and further legislation referred to in the Act.
5.2 Goodie Tutors seeks to ensure the quality, accuracy and confidentiality of Personal Information in its possession. You warrant that all Personal Information supplied by You is both true and correct at the time of provision. In the event of any aspect of this Personal Information changing post submission, it is Your responsibility to immediately notify Goodie Tutors of the said changes by email to email@example.com.
5.3 You agree to indemnify and hold Goodie Tutors, its officers, directors, employees, agents, and suppliers harmless from and against any claims, damages, actions and liabilities including without limitation, indirect, incidental, special, consequential or punitive damages arising out of Goodie Tutors’ reliance on Your personal information should Your personal information contain any errors or inaccuracies.
5.4 You warrant that You have the authority, permissions and consent to provide Goodie Tutors with any third party information submitted to Goodie Tutors.
5.5 Goodie Tutors will take all reasonable measures in order to ensure Your Personal Information is appropriately safeguarded, these precautions include, but are not limited to: access control mechanisms via username and password, and software protection for information security.
6. THIRD PARTY SERVICE PROVIDERS
6.1 Goodie Tutors may share Your PersonaI Information with authorised third parties such as service providers to Goodie Tutors. These include, but are not limited to, data hosting service providers and call centre service provider that need to have a record of which Students are registered with Goodie Tutors and, as such, are entitled to access Subscription Service.
6.2 Goodie Tutors does not permit these parties to use such information for any other purpose than to perform the services that Goodie Tutors has instructed them to provide. All processing is compatible with such purpose.
6.3 Goodie Tutors may appoint certain agents, third parties and/or service providers which operate outside the borders of the Republic of South Africa. In these circumstances Goodie Tutors will be required to transmit Your Personal Information outside South Africa. The purpose of the trans-border transfer of Your Personal Information may include, but is not limited to: data hosting and storage. You expressly consent to the trans- border flow of Your Personal Information.
7. THIRD PARTY ACCESS TO PERSONAL INFORMATION
7.1 In addition to third party service providers, Goodie Tutors may share your Personal Information with authorised third parties such as competition coordinators/organisers. Goodie Tutors may be required to provide these third parties with Personal Information in order to participate in competitions.
7.2 Goodie Tutors does not permit these parties to use such information for any other purpose than to perform the services that Goodie Tutors has instructed them to provide. All processing is compatible with such purpose.
8. RETENTION AND RESTRICTION OF RECORDS
8.1 On receipt of instructions from You, Goodie Tutors will destroy or delete a record of Personal Information about You which Goodie Tutors is no longer authorised to retain. This is subject to certain exceptions such as retaining records that Goodie Tutors is required by law to retain. Goodie Tutors is entitled to retain de- identified information for authorised or legitimate purposes.
8.2 In the event that You wish to revoke all consent pertaining to Your Personal Information and/or You would like Goodie Tutors to remove and/or delete Your Personal Information entirely, You may contact Goodie Tutors via email at firstname.lastname@example.org.
8.3 Records relating to the provision of information to and/or by You can be retained by Goodie Tutors in terms of legislative records retention provisions and includes Your Personal Information and/or Special Personal Information.
8.4 Goodie Tutors retains records for a period that is longer than is required by law for statistical or research purposes.
8.4.1 Goodie Tutors guarantees that appropriate safeguards against the records being used for any other purposes have been established.
8.4.2 For personal information pertaining to children, Goodie Tutors guarantees that the processing does not adversely affect the child’s privacy to a disproportionate extent.
9. UPDATING OF PERSONAL INFORMATION
9.1 You may request access to any Personal Information/Special Personal Information we hold about You at any time by contacting us on email@example.com.
9.2 If You believe that Personal Information/Special Personal Information we hold about You is incorrect, incomplete or inaccurate, then You may request us to amend it. We will consider if the information requires amendment. If we do not agree that there are grounds for amendment or that we cannot amend the information as required, we will retain a note about the request.
9.3 Where we hold information that You are entitled to access, we will try to provide You with suitable means of accessing it (for example, by mailing or emailing it to You). We may charge You a fee (as allowed for under the Promotion of Access to Information Act) for our administrative and other reasonable costs in providing the information to You. We will not charge for making the request and will not charge for making any corrections or updates to Your Personal Information/Special Personal Information.
9.4 There may be instances where we cannot grant You access to the Personal Information/Special Personal Information we hold. We may need to refuse access if granting access would interfere with the privacy of others or if it would result in a breach of confidentiality. Should this be the case, we will give You written reasons for any refusal.
10. DISCLOSURE OF PERSONAL INFORMATION
10.1 Business records relating to the provision of information or the Website to You can be retained by Goodie Tutors in terms of legislative records retention provisions and includes Your Personal Information. Records can be retained for operational purposes or for evidential purposes. Where Goodie Tutors shares Your Personal Information/Special Personal Information with Employees and other Users, Goodie Tutors does not permit such parties to use the information for any other purpose than those pertaining using, maintaining and/or running to the Website and the Subscription Service.
10.2 We may disclose Your Personal Information/Special Personal Information to:
10.2.1 our employees to enable us to operate;
10.2.2 fulfill requests by You, and to otherwise provide information and services to You;
10.2.3 suppliers and other third parties with whom we have commercial relationships, for business and related purposes; and/or
10.2.4 any organisation for any authorised purpose with Your express consent.
10.3 We may further disclose your Personal Information/Special Personal Information in the following instances:
10.3.1 To comply with the law or legal process;
10.3.2 To protect Goodie Tutors’ rights, facilities and other property;
10.3.3 To protect Goodie Tutors against any misuse or unauthorised use of the Website and/or the Subscription Service; and
10.3.4 To protect Users or third parties affected negatively by Your action in using the Website and/or the Subscription Service.
10.4 We will disclose Personal Information/Special Personal Information to our service providers who use software programmes and hardware devices to monitor usage in order to identify unauthorised attempts to access, upload, damage or alter information that it has stored.
10.5 Personal Information is stored on servers inside of South Africa.
10.6 We have placed security safeguards to protect Your Personal Information/Special Personal Information through agreements concluded with third party service providers. We will not be held liable for any illegal activity or other activity that may result in a claim for damages due to lack of protection of Your Personal Information/Special Personal Information whilst under the care of the third party.
11. SECURITY OF PERSONAL INFORMATION
11.1 We take reasonable steps to ensure Your Personal Information/Special Personal Information is protected from misuse, loss and from unauthorised access, modification or disclosure. We may hold Your information in either electronic or hard copy form. We use third parties who may have access to Your Personal Information and who have undertaken to protect Your Personal Information.
11.2 Should an unauthorised person/s gain access to Your Personal Information Goodie Tutors will contact You within a reasonable time to inform You of such access.
11.3 As our Website is linked to the internet, and the internet is inherently insecure, we cannot provide any assurance regarding the security of transmission of information You communicate to us online. We also cannot guarantee that the information You supply will not be intercepted while being transmitted over the internet. Accordingly, any Personal Information/Special Personal Information or other information which You transmit to us online is transmitted at Your own risk.
You agree to indemnify and hold Goodie Tutors, its officers, directors, employees, agents, licensors, suppliers and members harmless from and against any claims, damages, actions and liabilities including without limitation, loss of profits, direct, indirect, incidental, special, consequential or punitive damages arising out of Goodie Tutors’ reliance Your Personal Information should Your Personal Information contain any errors, inaccuracies or be irrelevant to the use of the Website.
13. DATA SUBJECT PARTICIPATION
Should You have enquiries concerning Personal Information processed by Goodie Tutors, You can request feedback that describes the Personal Information held by Goodie Tutors, and information about third parties, or categories of third parties who provide services to Goodie Tutors, who have, or have had, access to the information. You may request Goodie Tutors correct or delete Your Personal Information in its possession or under its control that is inaccurate, irrelevant, excessive, misleading or obtained unlawfully; or destroy or delete a Personal Information that Goodie Tutors is no longer authorised to retain. As a User, You have the right to request access, correction or deletion of Your Personal Information.
14. CONTACTING US
14.2 We will treat Your requests or complaints confidentially.