⦁ when making use of our website and social media platforms;
⦁ when applying for and using certain services; and
⦁ in connection with all communications between The HOW Lab and its Clients.
You agree that we may “collect, collate, process and/or store” your Personal Information, as defined in POPIA, (“process”) for, amongst other things, (i) the purposes of providing you with access to the website and the website content; and (ii) for any of the purposes.
It is your right that when there are reasonable grounds to believe that your Personal Information has been accessed or acquired by any unauthorised person, we will notify the relevant Regulator and you, unless a public body responsible for detection, prevention or investigation of offences or the relevant Regulator informs us that notifying you will impede a criminal investigation or there is another legal ground to deny same to you.
When we notify you that your Personal Information has been accessed or acquired, we will provide you with sufficient information to allow you to take protective measures against the potential consequences of the compromise.
2.1 What is Personal Information?
“Personal information” as defined in Section 1 of POPIA means information relating to an identifiable, living, natural person and where it is applicable, an identifiable juristic person, including but not limited to:
⦁ information relating to the 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 a person;
⦁ any information relating to an identifying number, symbol, e-mail address, physical address, telephone number or other particular assignment to a person;
⦁ information relating to the education or the medical, financial, criminal or employment history of a person;
⦁ the blood type or any other biometric information of a person;
⦁ personal opinions, views or preferences of a person;
⦁ the views or opinions of another individual about the person;
⦁ the name of a 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,
⦁ 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; 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.
2.2 How we collect your Personal Information
Whenever you complete an application form, contact us electronically or telephonically, apply for or use the services provided by us, make a paymenyt or use our website, we collect your Personal Information.
2.3 How we use your Personal Information
You agree that we may use the information, including the Personal Information we hold about you, in the following ways:
⦁ to identify you;
⦁ to process your instructions or requests;
⦁ to ensure that we provide you with the best possible service at all times;
⦁ to ensure that we meet your needs we may collect and analyse your personal information and combine the information to compile a profile of you in order for us to personalise and tailor our services to meet your specific needs;
⦁ in aggregate form for purposes of generating statistics and developing strategic and marketing plans;
⦁ to allow you to participate in interactive features of our services, when you choose to do so;
⦁ to carry out any contracts that may exist between us;
⦁ to notify you about changes to our services;
⦁ to send you promotional material or details once we have collected and analysed your Personal Information, which we think may be of interest to you. If any of this promotional information relates to products, promotions, news or services of an affiliate party (which may include our business partners and sub-contractors or independent contractors) (“affiliates” or “associates”), and if you indicate that you would like more details, we may inform the affiliate party to contact you directly. We will however only inform an affiliate or associate to contact you directly if you have indicated that this is agreeable to you. You have the option to opt out of receiving any marketing or other material from us or an affiliate or associate at any stage; and
⦁ to share certain of your personal (and non-personal) information (such as stated areas of interest and courses for which enrolled) with an affiliate or associate.
2.4 Disclosures of your Personal Information
We will not sell, rent or provide your Personal Information to unauthorised entities or any other third parties, for their independent use (other than as provided herein), without your express consent. If at any stage, after you have given us your consent, you no longer wish for us to use or share your Personal Information with an affiliate or associate, you may withdraw your consent however, your Personal Information may also be shared under the following circumstances:
⦁ when required by the laws of the Republic of South Africa and in the public interest. In such instances, we reserve the right to disclose your Personal Information as required in order to comply with our legal obligations or duty, including but not limited to complying with court orders, warrants, subpoenas, service of process requirements, discovery requests or lawful criminal investigations;
⦁ under special circumstances where we have reason to believe that such disclosure is necessary to identify, contact or bring legal action against a party who may be breaching our website terms and conditions or may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other users, or anyone else that could be harmed by such activities.
2.5 From whom we collect Personal Information
Personal information will be collected directly from you, or our affiliates, except if:
⦁ the information is contained in a public record or has deliberately been made public by you;
⦁ you have consented to the collection of the information from another source;
⦁ collection of the information from another source would not prejudice a legitimate interest you may have;
⦁ collection of the information from another source is necessary;
⦁ to avoid prejudice to the maintenance of the law by any public body, including the prevention, detection, investigation, prosecution and punishment of offences;
⦁ to enforce a law imposing a pecuniary penalty;
⦁ to enforce legislation concerning the collection of revenue as defined in relevant local legislation;
⦁ for the conduct of proceedings in any court or tribunal that have commenced or are reasonably contemplated; or
⦁ in the legitimate interests of national security.
2.6 Personal Information that we collect
Personal Information collected about you and your dependents may include:
⦁ General identification and contact information;
⦁ Your name, identity number, address, e-mail address, telephone number, gender, date of birth, passwords and activity records.
⦁ Financial information and account details;
⦁ Bank account number and account details, credit history and credit score and other financial information.
2.7 Protection of your Personal Information
We value the information that you choose to provide us with and we will take reasonable steps to protect your Personal Information from loss, misuse or unauthorised alteration. The information we maintain concerning our customers is stored in databases that have built-in safeguards to ensure the privacy and confidentiality of that information. However, the transmission of information via the Internet is not completely secure and we cannot guarantee the security of your information transmitted to our website. Any transmission of your information to our website is entirely at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
When you use the services or facilities provided by us, you may be given a user name and password. You are responsible for maintaining the secrecy and confidentiality of your user name and password. Please do not share your password with anyone.
2.8 Update of your Personal Information
It is your responsibility to ensure that we have your correct Personal Information on our system. If you ever need to update or correct any of your Personal Information held by us, you can update and correct your information yourself by logging onto http://thehowlab.co.za.
3. Consumer Protection Act 68 of 2008 (“CPA”) and POPIA
We subscribe to the CPA and the principles outlined Section 11, in which you have the right to restrict unwanted marketing, which includes your right to refuse to accept, require us to discontinue or to pre-emptively block communication about any marketing from us. Moreover, in terms of POPIA, You have the right to object to the processing of your Personal Information, at any time, if the processing is for purposes of direct marketing other than direct marketing by means of unsolicited electronic communications and you have not given your consent for that processing. You have the right not to have your Personal Information processed for purposes of direct marketing by means of unsolicited electronic communications from third parties unknown to you.
5. Your Consent
⦁ You consent that we may disclose your Personal Information to approved third party providers where necessary;
⦁ You agree that once your information has been de-identified (i.e.: delete any information that identifies you or your directors, employees, officers, agents, representatives, consultants, contractors and/or subcontractors), Personal Information may be shared under the following circumstances:
o with ourselves, our agents, advisers, service providers and suppliers for analysing purposes;
o to monitor web traffic: web servers serving the website automatically, collect information about pages you visit. This information is used for internal review, to tailor information to individual visitors and for traffic audits;
o for statistical purposes: we may perform statistical analyses in order to measure interest in the various areas of the website (for product development purposes);
o where such consent is necessary in order to give effect to our agreements signed between you and ourselves.
6. Your rights
o You have the right to request that we correct, destroy or delete any of your Personal Information that we have processed in accordance with this policy. The Personal Information that you may request us to correct, destroy or delete is Personal Information that has been processed that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading, obtained unlawfully or that we are no longer authorised to retain.
o You have the right to withdraw your consent for us to process your Personal Information at any time. The withdrawal of your consent can only be made by you on the condition that:
o the withdrawal of your consent does not affect the processing of your Personal Information before the withdrawal of your consent; or
o the withdrawal of your consent does not affect the processing of your Personal Information if the processing is in compliance with an obligation imposed by law on us; or
o the withdrawal of your consent does not affect the processing of your Personal Information where such processing is necessary for the proper performance of a public law duty by a public body;
o the withdrawal of your consent does not affect the processing of your Personal Information as required to finalise the performance of a contract in which you are a party; or
o the withdrawal of your consent does not affect the processing of your Personal Information as required to protect your legitimate interests or our own legitimate interests or the legitimate interests of a third party to whom the information is supplied.
⦁ You have the right to object to the processing of your Personal Information at any time, on reasonable grounds relating to your particular situation, unless the processing is required by law.
⦁ You can make the objection if the processing of your Personal Information is not necessary for the proper performance of a public law duty by a public body; or if the processing of your Personal information is not necessary to pursue your legitimate interests; our legitimate interests or the legitimate interests of a third party to which the information is supplied.
⦁ You have the right not to be subjected to a decision which is based solely on the basis of the automated processing of your Personal Information intended to provide a profile of you.
⦁ You have the right to submit a complaint to the Information Regulator regarding an alleged interference with the protection of Personal Information processed in accordance with this policy.
7. How do you contact us?