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Greetings, welcome to the privacy policy (“Privacy Policy”) of www.mstutors.co.za . We respect your personal privacy and take our obligations for the processing of your personal information very seriously. This Website www.mstutors.co.za  is owned by MS Tutors PTY Ltd (“MS Tutors PTY Ltd”,” we”, “our” or “us”) is contractually regulated by this Privacy Policy to collect and use certain of your information as a customer or tutor (“User” or “you“) and your rights in this regard. This Privacy and Information Policy  has been developed to acknowledge the importance of and assist in providing a framework for, the appropriate level of protection for customer or tutor identification, collection, holding, using, disseminating, merging, collating, disclosing and protection of your personal information (“process” or “processing”). The policy represents the MS Tutors PTY Ltd’ commitment to compliance with its obligations under the Protection of Personal Information Act 4 of 2013 (“POPI”). This Policy creates a legally binding agreement between us and you and will apply as soon as you use the Website or Services.

All Websites and mobile apps through which you can access the Services will be referred to as the “Website” in this Policy. Please be sure to read this entire Privacy Policy before using or submitting information to this Website. We respect your privacy, your personal information and your personal data and, for this reason, we take all reasonable measures in accordance with this privacy policy to protect your personal information and personal data and to keep it confidential.

 

  1. YOUR CONSENT

 

BY USING THIS WEBSITE, YOU AGREE TO THE TERMS OF THIS PRIVACY POLICY. WHENEVER YOU SUBMIT INFORMATION VIA THIS WEBSITE, YOU CONSENT TO THE COLLECTION, USE, AND DISCLOSURE OF THAT INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY. ALL DISPUTES OVER PRIVACY AND YOUR DATA SHALL BE GOVERNED AS SET OUT IN THIS PRIVACY POLICY AND IN OUR TERMS OF USE.

  1. ABOUT CHILDREN

This Website is not intended for children under the age of 13. We will not knowingly collect personally identifiable information via this Website from visitors in this age group. We encourage parents to talk to their children about their use of the Internet and the information they disclose to Websites.

  1. PERSONAL INFORMATION

Where we refer to “Personal Information” in this Policy, we mean personal information as defined in Applicable Law, being information that may be used to directly or indirectly identify you. Personal Information includes, for example, your name, surname, email address, identity number, contact details, photograph and location.

 

  1. COLLECTION OF PERSONAL INFORMATION

 

4.1. MS Tutors PTY Ltd 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.

4.2. Subject to consent, we collect Personal Information from the following entities:

4.2.1.   natural persons over 18;

4.2.2.   natural persons under the age of 18, we collect Personal Information with the consent of the parent, legal guardian or Competent Person;

4.2.3.   Website users;

4.2.4.   Users who have subscribed to the Subscription Service; and

4.2.5.   people who send enquiries or requests to our contact email address.

4.3.     As a parent, guardian or Competent Person, on behalf of the “child”, you consent to the collection, processing, sharing and storage of Personal Information for the purpose of facilitating access to the Website and Subscription Service.

4.4. Personal Information that may be collected by MS Tutors PTY Ltd

4.4.1.   Generic Personal details: First and last name, Country of residence, Province, Physical address, Mobile phone number, Email address, Name of School, School grade, School subjects, , Latest School results & public social media profile(s); 

4.4.2. Sensitive personal information: such as information voluntarily disclosed by students to tutors or mentors which may include information about health, Race, sexuality, religious beliefs;

4.4.3. Account details: such as your username, password, usage data and aggregate statistical information;

4.4.4. Consent records: records of any consents you have given us in respect of using your Personal Information, including the consent by a parent/guardian where the User is a minor and is required to obtain parental consent as required by the Applicable Laws in the User’s jurisdiction, consent to use your sensitive Personal Information, and any related information, such as the specific details of the consent. We will also record any withdrawals or refusals of consent;

4.4.5. Payment details: payment method, information provided by payment gateway service providers, payment amount, date and reason for payment and related information;

4.4.6. Data relating to our Website: such as the type of device you use to access the Website, the operating system and browser, browser settings, IP address, dates and times of connecting to and using the Website and other technical communications information;

 

4.5. MS Tutors PTY Ltd 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:

4.5.1. On registration for the Subscription Service;

4.5.2. Upon use of the Subscription Service;

4.5.3. Upon accessing the Website; and

4.5.4. Via correspondence via e-mail, fax, telephone and post.

4.5.5. from public sources where you have made your Personal Information public, including on social media; and

4.5.6. from third parties and our service providers when you interact with them through the Website or as required of the third parties to share it with us.

 

4.6. MS Tutors PTY Ltd retains records for a period that is longer than is required by law and you hereby consent to such retention of Personal Information

4.7. We may also collect Personal Information through Your access and use of our Website and through your participation in various activities on the Website.

4.8. There may be instances where we may also collect some information that is not 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).

4.9. If you use our Website, 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. 

 

  1. DISCLOSURE OF PERSONAL INFORMATION

 

We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in Section 1 to 3 of the South African Companies Act No. 71 of 2008. We may disclose your personal information to third parties:

  • In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
  • If MS Tutors PTY Ltd or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
  • If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use or terms and conditions of supply and other agreements; or to protect the rights, property, or safety of MS Tutors PTY Ltd, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction

     

  1. USES OF COOKIES AND SIMILAR TECHNOLOGIES 

 

When you use the Website, we automatically receive and record information on our server logs from your browser. This information may include, amongst others, your location, IP address, cookie information and Google Analytics information. This is statistical data about browsing actions and patterns. We may also obtain information about your general internet usage through a cookie file which is stored on the hard drive of your computer. Cookies enable us to improve our Website and Services, estimate our audience size and usage patterns, store information about your preferences and recognise when you return to the Website.

 

In some instances, we collect and store information about your location through cookies (other than when you share your location with us). We convert your IP address or mobile GPS data into a rough geo-location and we may use location information to improve and personalise our Website and Services for you.

 

You can set your web browser to refuse cookies, but if you do this you may not be able to enjoy the full use of our Website or Services and you may not be able to take advantage of certain promotions we may run. We only process cookies in compliance with this Policy and any cookies that include Personal Information will be treated accordingly.

 

Please note that third parties may also use cookies, but we do not have access to, or control over them, and therefore cannot take responsibility for them.

The various types of cookies (distinguished by their function, lifespan and origin) that we may collect include the following:

  • First party cookies. Cookies that are stored by the actual Website or app you are visiting which are only visible to that Website or app.
  • Necessary cookies. Cookies that are necessary for the technical operation of a Website or app. For example, they enable you to move around on a Website or app and to use its features.
  • Performance cookies. Cookies that collect data on the performance of a Website or app. Examples include the number of persons who visit a Website or app, the time spent on the Website or app and errors that may arise during the use of the Website or app.
  • Functionality or preference cookies. Cookies that increase the usability of a Website or app by remembering a visitor’s choices, such as the language preference, login information, location of the visitor, etc.
  • Targeting or advertising cookies. Cookies that enable a Website or app to send its visitors personalised advertising, often based on your browsing history.
  • Session cookies. These are temporary cookies that are deleted once you close your browser. Permanent cookies are those that are stored on your device until you delete them or until your browser deletes them based (after a period specified in the cookie).
  1. USES MADE OF THE INFORMATION

 

We only process adequate and relevant Personal Information for the following purposes and legal bases:

    • to perform in terms of our agreement with you (including to provide you with the Services and Website);
    • operate and manage your account or relationship with us;
    • monitor and analyse our business to ensure that it is operating properly, for financial management and for business-development purposes;
    • contact you by email, sms, push notifications or other means to inform you about our Services, unless you have opted-out of such communications (direct marketing);
    • form a view of you as an individual and to identify, develop or improve the Website and Services;
    • carry out market research and surveys, business and statistical analysis and necessary audits;
    • fraud prevention;
    • perform other administrative and operational tasks like testing our processes and systems and ensuring that our security measures are appropriate and adequate; and
    • comply with our regulatory, legal or other obligations.

In addition to the above purposes, we may use your Personal Information for other purposes if the law allows for it, if you consent to it, or if it is in the public interest to do so. All purposes for the processing of your Personal Information will be legal in terms of Applicable Law

 

  1. HANDLING OF PERSONAL INFORMATION

 

The data which we collect from you may be transferred to, and stored at, a destination outside the Republic of South Africa (“RSA”). It may also be processed by staff operating outside the RSA who works for us or for one of our suppliers. Such staff may be engaged in, among other things, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

The data we collect from you and that we transfer to a third party outside of the Republic of South Africa shall only be to a third party who is subject to a law which provides an adequate level of protection that:

    • Is in accordance with this policy;
    • includes provisions that are substantially similar to what is contained in this privacy policy to the further transfer of your data.

All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted. Where we have given you (or where you have chosen) a password which enables you to access certain parts of the Website, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

 

Unfortunately, the transmission of information via the internet is not completely secure. Although MS Tutors PTY Ltd (we) will do our best to protect your personal data, We cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk. Once We have received your information, We will use strict procedures and security features to try to prevent unauthorised access

 

  1. PERSONAL INFORMATION HELD BY OR DISCLOSED BY YOU TO A THIRD PARTY

 

Due to the fact that we are not responsible for any representations or information or warranties or content on any website other than our website (including without limitation websites linked to this website), We do not exercise control over third party’s privacy policies and you should refer to the privacy policy of any such third party to establish how such third party protects your privacy

 

  1.    YOUR LEGAL RIGHTS

You have certain rights in relation to your Personal Information. As available and except as limited under Applicable Law, you have the following rights in respect of your Personal Information:

  • Right of access – the right to be informed of and request access to the Personal Information that we process about you;
  • Right to rectification – you may request that your Personal Information be amended or updated where it is inaccurate or incomplete;
  • Right to erasure – the right to request that we delete your Personal Information, subject to applicable limitations and exceptions;
  • Right to restrict processing – you may request that we temporarily or permanently stop processing your Personal Information;
  • Right to object –
    • you may object to us processing your Personal Information; and
    • to your Personal Information being processed for direct marketing purposes;
  • Right to information portability – you may request a copy of your Personal Information and request that information to be transmitted for use by another person; and
  • Right not to be subject to automated decision-making – where a decision that has a legal or other significant effect is based solely on automated decision making, including profiling, you may request that your Personal Information not be processed in that manner.

Where you have provided consent for us to process your Personal Information, you may also withdraw your consent where our processing is based on your consent. However, we may continue to process your Personal Information if another legal justification exists for the processing, you can exercise your right to prevent such processing by contacting us at info@mstutors.co.za 

 

  1. CHANGES TO THIS PRIVACY POLICY

 

If this Privacy Policy changes, the revised policy will be posted on this site. Please check back periodically, and especially before you provide any personally identifiable information. Continued use of the service will signify that you agree to any such changes

 

  1. APPLICABLE LAW

This Privacy Policy will be governed by the laws of the Republic of South Africa. You consent to the jurisdiction of the South African Courts for any dispute which may arise out of this privacy policy.

 

  1. CONTACT US

 

If you have any questions, comments, requests, or concerns related to this Privacy Policy or the information practices of this site, or if you would like to opt out of future communications, please contact us as follows:

 

MS Tutors PTY Ltd

218 Phumulane Gardens

70 Gerald Sekoto

Newtown

Johannesburg

2000

Tel no.: 061 423 6803

Email: info@mstutors.co.za

 

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