Privacy Policy

1. Introduction 

Welcome to my privacy policy. My name is Johan Venter and this is my plan of action when it comes to protecting your privacy. I respect your privacy and take the protection of personal data very seriously. The purpose of this policy is to describe the way that I collect, store, use, and protect data that can be associated with you or another specific natural or juristic person and can be used to identify you or that person (personal data). For the purposes of this policy, site or website means this website and any website at www.myfutureway.co.za, and any other linked or affiliated websites, blogs, pages, or sites that I operate. 

 2. Audience 

This policy applies to you if you are: 

• a visitor to my website; 
• a learner or teacher who takes part in any services that I provide. 

 3. Personal data 

 3.1. Included. Personal data includes: certain information that I collect automatically when you visit my website; certain information collected on registration (see below); certain information collected on submission of learning activities; and optional information that you provide voluntarily (see below); 

 3.2. Excluded. Personal data excludes information that has been made anonymous so that it does not identify a specific person; permanently de-identified information that does not relate or cannot be traced back to you specifically; non-personal statistical information collected and compiled by me; and information that you have provided voluntarily in an open, public environment or forum including any blog, chat room, community, classifieds, or discussion board (because the information has been disclosed in a public forum, it is no longer confidential and does not constitute personal information subject to protection under this policy). 

 3.3. Common examples. Common examples of the types of personal data that I may collect and process include: identifying information – such as your name, date of birth, or identification number of any kind; contact information – such as your phone number or email address; address information – such as your physical or postal address; or 

 3.4. Sensitive personal data. Depending on the services that you require, I may also collect sensitive personal data including your: 

• professional information – such as your profession, and professional registration number; 
• or employment information – such as the name and address of your employer or institutional affiliation. 
• Performance information - such as test scores on quizzes and problems posed during training.

4. Acceptance 

4.1. Acceptance required. You must accept all the terms of this policy when you enroll, register for, or use the website or any of my services. If you do not agree with anything in this policy, then you may not order any service or order, register for, or use the website or any of my services. 

 4.2. Legal capacity. You may not access my website or order my services if you are younger than 18 years old or do not have the legal capacity to conclude legally binding contracts. 

 4.3. Deemed acceptance. By accepting this policy, you are deemed to have read, understood, accepted, and agreed to be bound by all of its terms. 

 4.4. Your obligations. You may only send me your own personal data or the information of another data subject where you have their permission to do so. You may not share the personal data of anybody that you may encounter on this site with any other person on or off this site. Should you breach this obligation your account on the site or sites may be terminated without further notice.

5. Changes 

I may change the terms of this policy at any time by updating this web page. I will notify you of any changes by placing a notice in a prominent place on the website, or by sending you an email detailing the changes that we have made and indicating the date that they were last updated. If you do not agree with the changes, then you must stop using the website and my services. If you continue to use the website or services following notification of a change to the terms, the changed terms will apply to you, and you will be deemed to have accepted those updated terms. 

6. Collection 

6.1. On registration. Once you register on the site, you will no longer be anonymous to me. You will provide me with certain personal data. This personal data may include, where required: 

• your name and surname; 
• your email address; 
• your telephone number; 
• your ID or passport number; 
• your profession or occupation; 
• your company name, company registration number, and VAT number; 
• your postal address or street address; 
• your employer’s name and contact details or your institutional affiliation; 
• and your username and password. 

 I will use this personal data to fulfill your request and provide or offer additional services and information to you as I may reasonably think appropriate, or you may request and for any other purposes set out in this policy. 

6.2. On enrollment. When you enroll for any services from me, you may be asked to provide me with additional information on a voluntary basis. 

6.3. From the browser. I automatically receive and record internet usage information on my server logs from your browser, such as your Internet Protocol address (IP address). Accordingly, a subsequent website that collects URL information may log some personal data. 

6.4. Cookies. As with other websites, I may place small text files called ‘cookies’ on your device when you visit my website or use a course. These files do not contain personal data, but they do contain a personal identifier allowing me to associate your personal data with a certain device. These files serve a number of useful purposes for you, including: 

• granting you access to content. tailoring my website’s functionality to you personally by letting me remember your preferences. 
• improving how my website performs. 
• allowing third parties to provide services to my website. 

Your internet browser generally accepts cookies automatically, but you can often change this setting to stop accepting them. You can also delete cookies manually. However, no longer accepting cookies or deleting them will prevent you from accessing certain aspects of our website where cookies are necessary. Many websites use cookies and you can find out more about them at www.allaboutcookies.org. Moodle will also advise you about Cookies, separate and in addition to this policy. 

6.5. Purpose for collection. I may use or process any services or optional information you provide for the purposes you indicated when you agreed to provide it. Processing includes gathering your personal data, disclosing it, and combining it with other personal information. I generally collect and process your personal data for various purposes, including: 

• services purposes – such as providing our training services to you as a learner on the site and simulated teaching services from you to other users of my site. For this purpose, you will be sharing personal information with other users and you will have access to the personal information of other users. You and all users of my sites and services agree to be bound by this policy. marketing purposes – such as pursuing lawful related marketing activities. 
• business purposes – such as internal audit, accounting, business planning, and joint ventures, disposals of business, or other proposed and actual transactions; and legal purposes – such as handling claims, complying with regulations, or pursuing good governance. 

I may use your usage information for the purposes described above and to: 

• remember your information so that you will not have to re-enter it during your visit or the next time you access the website or the application. 
• monitor website usage metrics such as the total number of visitors and pages accessed; 
• and track your entries, submissions, and status in any courses or other activities in connection with your usage of the website or the application. 

6.6. Consent to collection. We will obtain your consent to collect personal data: 

• in accordance with applicable law; 
• when you provide me with any registration information or optional information. 

7. Use 

7.1. My obligations. I may use your personal data to fulfill my obligations to you. 

7.2. Messages and updates. I may send administrative messages and email updates to you about the website, the application, or the courses running on it. I may wish to provide you with information about new services in which I think you may be interested. This means that in some cases, I may also send you primarily promotional messages. I will not send you promotional messages unless you have chosen to opt into them. However, I may send you one message asking you to opt into promotional messages without you having opted-into promotional messages. 

8. Disclosure 

8.1. Sharing. I may share your personal data with other users on the site for the purposes of generating and providing my services in which case I will require the other users to honor this privacy policy; my service providers under contract who help supply certain services related to my services; financial service providers as required by credit card association rules for inclusion on their list of terminated merchants (in the event that you utilize the services to receive payments and you meet their criteria); and other third parties who provide me with relevant services where appropriate. 

8.2. Regulators. I may disclose your personal data as required by law or governmental audit. 

8.3. Law enforcement. I may disclose personal data if required by a subpoena or court order; to comply with any law; to protect the safety of any individual or the general public; and to prevent violation of our customer relationship terms. 

8.4. No selling. I will not sell personal data. No personal data will be disclosed to anyone except as provided in this privacy policy. You also agree that you will not sell or disclose any personal information of any other person when using my services on this site. 

8.5. Marketing purposes. I may disclose aggregate statistics (information about the customer population in general terms) about personal data to advertisers or business partners. 

8.6. Employees. I may need to disclose personal data to my employees who require personal information to do their jobs. Any of my employees or associates who handle your personal data will have signed non-disclosure and confidentiality agreements. 

8.7. Change of ownership. If my business undergoes a change in ownership, or a merger with, acquisition by, or sale of assets to, another entity, I may assign my rights to the personal data I process to a successor, purchaser, or separate entity. I will disclose the transfer on the website. If you are concerned about your personal data migrating to a new owner, you may request that I delete your personal data. 

9. Security 

I take the security of personal data very seriously and always do my best to comply with applicable data protection laws. My hosting company will host my website in a secure server environment that uses a firewall and other advanced security measures to prevent interference or access from outside intruders. I authorize access to personal data only for those employees who require it to fulfill their job responsibilities. I implement disaster recovery procedures where appropriate. 

10. Accurate and up to date 

I will try to keep the personal data I collect as accurate, complete, and up-to-date as is necessary for the purposes defined in this policy. From time to time I may request you update your personal data on the website. You are able to review or update any personal data that I hold on you by accessing your account online by e-mailing me or requesting it online. Please note that in order to better protect you and safeguard your personal data, I take steps to verify your identity before granting you access to your account or making any corrections to your personal data. Throughout your interaction with me, you retain the right to rectify personal data that is incorrect or inaccurate. This does not apply if I process your personal data in my capacity as an operator or processor on behalf of a responsible party or data controller. 

11. Retention 

I will only retain your personal data for as long as it is necessary to fulfill the purposes explicitly set out in this policy unless retention of the record is required or authorized by law, or you have consented to the retention of the record. During the period of retention, I will continue to abide by my non-disclosure obligations and will not share or sell your personal data. I may retain your personal data in physical or electronic records at my discretion. 

12. Transfer to another country 

I may transmit or transfer personal data outside of the country in which it was collected to a foreign country and process it in that country. Personal data may be stored on servers located outside the country in which it was collected in a foreign country whose laws protecting personal data may not be as stringent as the laws in the country in which it was collected. You consent to me processing your personal data in a foreign country whose laws regarding the processing of personal data may be less stringent. 

13. Updating or removing 

 You may choose to correct or update the personal data you have submitted to me, by clicking the relevant menu on any of the pages on our website or the application or contacting us online or by email. You are entitled to a right to be forgotten. I will delete any personal data that you don’t want me to have. If you do this, I will remove your personal data from my system. However, I may still retain certain personal data as required or allowed by law, including where I can show legitimate grounds for processing your personal data that override your request; or where I process your personal data in order to establish, exercise or defend legal claims. If you are a data subject of another user on my site (who is the data controller), then you must submit your request to the relevant data controller who will then delete your personal data. 

14. Restriction of processing 

You may request that we restrict the use of your personal data. When we restrict your personal data we still have the right to store it but not use it. You can ask that we do this verbally or in writing. We will respond to the request within 30 days. 

15. Data portability 

If you should wish to transfer your data from us I will pass on all of your personal data to you. 

16. Data breaches

I will notify my users of any confirmed data breaches that have occurred. It is your responsibility to notify your relevant supervisory authority and any affected data subjects of the data breach. 

17. Limitation 

I am not responsible for, give no warranties, nor make any representations in respect of the privacy policies or practices of linked or any third parties. 

18. Disputes 

A dispute concerning this policy exists once a party notifies the others in the writing of the nature of the dispute and requires it to be resolved under this clause.  The parties must refer any dispute to be resolved by:

- negotiation; 

- failing which mediation; 

- failing which arbitration.

Within ten Business Days of notification, the parties must seek an amicable resolution to the dispute by referring it to designated and authorized representatives of each of the parties to negotiate and resolve it by the parties signing an agreement resolving it within 15 Business Days.

If negotiation fails, the parties must refer the dispute for resolution by mediation under the rules of the Arbitration Foundation of Southern Africa (or its successor or body nominated in writing by it in its stead) (AFSA).

If mediation fails, the parties must refer the dispute within 15 Business Days for resolution by arbitration (including any appeal against the arbitrator’s decision) by one arbitrator (appointed by agreement between the parties) as an expedited arbitration in Emalahleni, Mpumalanga the Republic of South Africa under the then current rules for expedited arbitration of AFSA.  If the parties cannot agree on any arbitrator within a period of ten Business Days after the referral, the arbitrator will be appointed by the Secretariat of AFSA.

The periods for negotiation or mediation may be shortened or lengthened by written agreement between the parties.

19. Enquiries 

If you have any questions or concerns arising from this privacy policy or the way in which I handle personal data, please contact me. Johan Venter johan@myfutureway.co.za