Privacy Notice

THE PROTECTION OF PERSONAL INFORMATION ACT, 2013

PRIVACY NOTICE: OUR PRIVACY POLICY

This Notice explains our privacy policy and how we obtain, use and disclose your personal information, in accordance with the requirements of the Protection of Personal Information Act (“POPIA”).

At The Grey Matter Collective we are committed to protecting your privacy and to ensure that your personal information is collected and used properly, lawfully and transparently.

About the Company

The Grey Matter Collective (Pty) Ltd is a training and education provider that offers courses and programmes to adults living in South Africa.

The information we collect

We collect and process your personal information only for the purpose of our relationship with you (client, director, staff member) and to give effect to our business relationship accordingly. For this purpose, we may collect contact details, your name and organisation, address and other relevant information, according to the nature of our business relationship.

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We collect information directly from you where you provide us with your personal details. Where possible, we will inform you what information you are required to provide to us and what information is optional.

How we use your information

We will use your personal information only for the purposes for which it was collected and agreed with you. In addition, where necessary your information may be retained for legal or research purposes.

For example:

• To gather contact information;

• To confirm and verify your identity or to verify that you are an authorised user for security purposes;

• For the detection and prevention of fraud, crime, money laundering or other malpractice;

• To conduct market or customer/supplier satisfaction research or for statistical analysis;

• For audit and record keeping purposes;

• In connection with legal proceedings.

Disclosure of information

We may disclose your personal information to our service providers, who are involved in the delivery of products or services to you, and solely for that purpose. We have agreements in place to ensure that they comply with the privacy requirements as required by POPIA.

We may also disclose your information:

• Where we have a duty or a right to disclose in terms of law or industry codes;

• Where we believe it is necessary to protect our rights.

Information Security

We are legally obliged to provide adequate protection for the personal information we hold and to stop unauthorized access and use of personal information. We will, on an on-going basis, continue to review our security controls and related processes to ensure that your personal information remains secure.

When we contract with third parties, we impose appropriate security, privacy, and confidentiality obligations on them to ensure that personal information that we remain responsible for, is kept secure.

We will ensure that anyone to whom we pass your personal information agrees to treat your information with the same level of protection as we are obliged to.

Your Rights: Access to information

You have the right to request a copy of the personal information we hold about you. To do this, simply contact us at the numbers/addresses as provided on our website and specify what information you require. We will need a copy of your ID document to confirm your identity before providing details of your personal information.

Please note that any such access request may be subject to a payment of a fee, as regulated.

Correction of your information

You have the right to ask us to update, correct or delete your personal information. We will require a copy of your ID document to confirm your identity before making changes to personal information we may hold about you. We would appreciate it if you would keep your personal information accurate.

Definition of personal information

According to the Act ‘‘personal information’’ means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person. Further to the POPI Act, The Grey Matter Collective also includes the following items as personal information:

• All addresses including residential, postal and email addresses.

• Change of name – for which we require copies of the marriage certificate or official change of name document issued by the state department.

How to contact us

If you have any queries about this notice; you need further information about our privacy practices; wish to withdraw consent; exercise preferences or access or correct your personal information, please contact us at info@greymattercollective.org or 082 554 7704.

Addendum 1: General types of Information we collect

We and our third-party service providers may collect Other Information in a variety of ways, including:

Through your internet browser: Certain information is collected by most websites, such as your IP address (i.e., your computer’s address on the internet), screen resolution, operating system type (Windows or Mac) and version, internet browser type and version, time of the visit and the page(s) visited. We use this information for purposes such as calculating website usage levels, helping diagnose server problems, and administering the website.

Using cookies: Cookies are pieces of information stored directly on the computer you are using. Cookies allow us to recognise your computer and to collect information such as internet browser type, time spent on the website, pages visited, language preferences, etc. We may use the information for security purposes, to facilitate navigation, to display information more effectively, to personalise your experience while visiting the website, or to gather statistical information about the usage of the Site. Cookies further allow us to present to you the advertisements or offers that are most likely to appeal to you. We may also use cookies to track your responses to our advertisements and we may use cookies or other files to track your use of other websites.

You can refuse to accept other cookies we use by adjusting your browser settings. However, if you do not accept these cookies, you may experience some inconvenience in your use of the website.

Using pixel tags, web beacons, clear GIFs or other similar technologies: These may be used in connection with some website pages and HTML-formatted e-mail messages to, among other things, track the actions of website users and e-mail recipients and compile statistics about website usage and response rates.

From you: Some information (for example, your location or preferred means of communication) is collected when you voluntarily provide it. Unless combined with personal information, this information does not personally identify you.

By aggregating information: We may aggregate and use certain information (for example, we may aggregate information to calculate the percentage of our users who are in a certain area).

Addendum 2: Website Disclaimer:

The Grey Matter Collective takes the protection of Personal Information very seriously and for this reason we take all reasonable measures to protect your Personal Information and to keep it confidential. Personal information refers to information that identifies or relates specifically to you, for example, your name, age, gender, identity number and your email address, as detailed in the Promotion of Access to Information Act (“PAIA”), Act 2 of 2000 and in the Protection of Personal Information Act (“POPIA”), Act 4 of 2013.

We respect your right to privacy and therefore aim to ensure that we comply with the legal requirements of POPIA which regulates the manner in which we collect, process, store, share and destroy any personal information which you have provided to us. Whenever you use this website, complete a form, contact us electronically, or use one of the services or facilities offered by us, we collect personal information about you. We collect personal information only so that we may:

1. respond to any query or comment received from you;

2. inform you of new services;

3. enable us to process, validate and verify information and requests for the supply of services;

4. for the purposes for which you specifically provided the information; and

5. generally to improve your experience on our website.

This information will only be used by us for the purposes for which it was provided. We will only share your personal information:

1. in order to comply with applicable law or with legal process served on our company;

2. in order to protect and defend the rights or property of the business; and

3. with employees and/or third parties who assist us in providing services to you and thus require your personal information in order to render a proper and efficient service. We will ensure that all such employees and third party service providers, having access to your personal information, are bound by confidentiality agreements.

If you are under 18 years of age (minor), we will require the consent of your parent/guardian/competent person before we process such personal information.

Security Measures:

The information will be stored in databases or other electronic storage media with relevant security and backup procedures in place. We will:

1. treat your personal information as strictly confidential;

2. take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;

3. promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;

4. provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable request; and

5. We will not retain your personal information longer than the period for which it was originally required, unless we are required by law to do so, or you consent to us retaining such information for a longer period.

ALTHOUGH WE TAKE THE AFOREMENTIONED PRECAUTIONS IN PROTECTING YOUR PERSONAL INFORMATION, WE SHALL HOWEVER NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION IF OUTSIDE OUR REASONABLE CONTROL.

Although the Provider takes reasonable steps to ensure the security of information submitted via this Website, its primary purpose is the communication of information to the user and a simple HTTP connection is used. Therefore, transmission of the information supplied by the User cannot be guaranteed to be 100% secure and interception by third parties remains a possibility. The User is responsible for the information they chose to submit via the Website and should take appropriate care when providing such information.

You have the right at any time to:

1. rectify the Personal Information collected by us;

2. object to the processing of Personal Information (subject to legislation);

3. request the return or destruction of Personal Information (subject to legislation);

4. lodge a complaint with the company

Collection of Information by “Cookies”

The User may also visit the Website without providing any personal information. The User accordingly grants express permission for the Website servers in such instances to collect information (including via the use of “cookies”) such as the IP address of the User’s computer, but not distinguishing information such as email addresses. This information is aggregated (added up) to measure the number of visits, average time spent at the Website, pages viewed, etc. The Provider uses this information to determine use of the Website, and to improve Content. The Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use the information as it sees fit.

“Cookies” are small text files a website can use to recognise repeat users, facilitate the user’s ongoing access to and use of the website and allow a website to track usage behaviour and compile aggregate data that will allow content improvements and targeted advertising. Cookies are not programs that come onto your system and damage files. Generally, cookies work by assigning a unique number to you that has no meaning outside the assigning site. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature; however, you should note that cookies may be necessary to provide you with certain features (e.g., customized delivery of information) available on our Website.

Liability & legal issues:

The Grey Matter Collective accepts no liability whatsoever for any loss, damage (whether direct, indirect, special or consequential) and/or expenses of any nature whatsoever, which may be suffered as a result of or which may be attributable, directly or indirectly, from information made available on these pages or links, and actions or transaction resulting there from.

The laws of the Republic of South Africa will govern all terms and conditions of any products and services contained in these pages. Should you apply for any products or services through this website, you hereby consent and submit to the exclusive jurisdiction of the South African courts in regard to all proceedings, actions, applications or the like instituted by either party against the other, and in any way arising from any stated terms and conditions. The Provider, however, retains the right to pursue proceedings in other jurisdictions, should this be deemed necessary.

Addendum 3: Email Disclaimer

Applicability: This disclaimer applies to all electronic communications that are sent or received through our IT systems including our original e-mail, any attachments and all subsequent e-mails or attachments that The Grey Matter Collective (Pty) Ltd (the “Company”) user may send.

Recipients of communications from the Company: electronic communications and their attachments (collectively referred to for convenience as “e-mail”) are intended for the named recipient/s ONLY. If you are not the named recipient (or their authorised representative) or an intended recipient of a copy of the e-mail or have otherwise received the e-mail in error:

• Kindly notify the sender (as specified in the e-mail) using the contact details contained in such e-mail and delete this message once you have notified the sender.

• You may not forward, copy or otherwise transmit or disseminate the e-mail or any of the contents thereof to any person other than the named sender or an employee of the Company’s IT Department.

• You may not print, save or otherwise store the e-mail or any of the contents thereof in electronic or physical form.

Virus Warning: All reasonable precautions have been taken by us to ensure that no viruses are present in our e-mail to you, as the Company cannot accept responsibility for loss or damage arising from the use of the e-mail or attachments. We recommend that you scan all of your emails and attachments for viruses.

Confidential: The e-mail and its contents are confidential, unless specifically stated or if this is manifestly clear from the context (including, by way of example, press releases and other official statements, issued by way of e-mail). If you are not certain of the confidentiality status of an e-mail please contact the sender to confirm this. In addition, e-mails may be logged for archival purposes and may be reviewed by parties at the Company other than those named in the message header. Any unauthorised copying, disclosure, adaption, distribution, publication and/or use of, or any other unauthorised action taken based on this e-mail message, is strictly prohibited and may be unlawful and an infringement of copyright.

Consent to monitor: Due to the nature of our business, we reserve the right to intercept, monitor, review or disclose all emails send or received through our IT systems and/or hardware and to the extent required, by sending an email to our employees, you consent to such monitoring and interception.

Offers, warranties and representations: The e-mail does not necessarily constitute an official representation of the Company unless this is specifically stated or clearly and objectively ascertainable from the contents of the e-mail itself.

E-mails from the Company do not, as a rule, contain warranties, representations or offers. You accordingly cannot rely on any purported warranty, representation or offer unless it is explicitly stated in the e-mail and the e-mail has been sent by a representative of the Company duly authorised to give warranties or make representations or offers on behalf of the Company.

Notwithstanding the above statement, the Company is entitled to rely on the contents of any e-mail sent to it (including warranties, representations or offers) unless otherwise provided.

Agreements: Company employees are not authorised to conclude binding agreements on behalf of the Company by e-mail and nothing contained in this e-mail shall be construed as a legally binding agreement or an offer to contract.

Damages: While the Company uses its best endeavours to prevent loss or damage to third party systems, it cannot be held liable for any loss or damage due to viruses or other malicious code in an e-mail, corruption of data or any “denial of service” or similar exploit caused by a virus or malicious code.

Offensive e-mail content: Our employees and other users of the Company e-mail are subject to policies that prohibit:

• the obscuring, suppressing, or replacing another user’s identity on an e-mail (pretending to be someone else);

• the use of the Company’s information and communications systems for the exercise of the employee’s right to free speech;

• sexual, religious, political and racial harassment;

• profanity, obscene, offensive, derogatory or defamatory remarks;

• otherwise unlawful communication via e-mail.

Accordingly, if an e-mail sent by a Company user breaches any of these provisions, that e-mail is sent in that person’s personal capacity and the Company is not liable for such messages. The Company will take appropriate disciplinary action against any person breaching these provisions and you can report any such breach to info@greymattercollective.org.

Applicable to South Africa only

Transmission and Receipt: In accordance with the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”), an e-mail is only deemed to be received by the Company once this is confirmed to you orally or in writing and an e-mail is deemed to have been sent by the Company or its workers as soon as this is reflected in the Company’s mail server logs. An auto-reply shall not constitute a response for purpose hereof.

ECTA: This e-mail disclaimer is enforceable and binding on the recipient in terms of sections 11(1) to 11(3) of ECTA. This e-mail disclaimer shall at all times take precedence over any other e-mail disclaimer(s).

Disclosure of e-mail address: The e-mail address of any employee of the Company who is a party to this e-mail may not be used, copied, sold, disclosed, shared or incorporated into any database or mailing list for spamming and/or online marketing practices without the prior consent of the employee and/or the Company.

General: This e-mail disclaimer shall be governed by the law of South Africa. Any dispute arising from or in connection with this disclaimer shall be resolved at Gauteng in accordance with the AFSA by an independent appointed arbitrator.

Queries: You can contact info@greymattercollective.org should you have any queries concerning this disclaimer.