Privacy Notice

Data Privacy legislation

Be More Coaching Services (hereafter “we”, “us”, “our”) is aware of its obligations under the Data Privacy legislation, including but not limited to the Protection of Personal Information Act, No 4 of 2013 (POPIA) and Promotion of Access to Information Act, No 2 of 2000 (PAIA).

This notice sets out, in line with Section 18 of POPIA, the types of personal information (PI) we, as the responsible party in terms of POPIA, process and holds of you, how that PI is used, how long it is kept and other relevant information pertaining to you.

This notice applies to all potential, new and existing clients of the practice.

How we collect information

1. We collect PI about you and any other person whose details you provide to us in accordance with the relevant laws, either:
   — Directly from you when you engage with us electronically, telephonically or by way of a hard copy.
   — Indirectly from you when you interact with us electronically by way of our website, applications, or social media channels.
   — Where applicable, from third-parties, such as entities with whom you have an employment or work-related agreement, and who engages with us to render services that may involve you.
2. Where we require PI to enable us to provide you with our services or products, your failure to provide such information, will result in us being unable to provide you with those services and products.

Collection of information by third parties

1. Owners or information system administrators of third-party websites that have links to our website, may collect PI about you when you use these links. We do not control the collection or use of PI by those parties and do not accept responsibility or liability for third-party or your use of a third-party applications, platforms, or service.
2. We use certain social networking services such as Facebook, WhatsApp, Instagram, and Twitter to communicate with the public and you. When you communicate with us through these services, that social networking service may collect your PI for its own purposes. These services may track your use of our digital channels on those pages where the links are displayed. If you are logged into those services (including Google service) while using our digital channels, their tracking will be associated with your profile with those service providers. These services have their own privacy policies which are independent of our privacy policies. Please ensure that you acquaint yourself with the terms of such third-party privacy policies.

What information we collect

1. Your relationship with us determines the nature of the PI we process, and the purpose for which such PI is collected and used. We do, in most cases, handle your PI as part of our role as a coaching business, and the PI we may process includes the following:
   — Information regarding you – for example, your name, identity number, age, gender, date of birth, nationality, occupation, lifestyle.
   — Contact information – for example, we receive your email, address, phone number, postal address.
   — Online information – for example, cookies and IP address (your computer’s internet address), if you use our websites, apps and/or social media.
2. In some instance, we may need consent to process your PI. If you gave us consent for a specific context, you are free to withdraw this at any time. Withdrawing consent means that we will stop processing the data for which you previously gave us consent to use. There will be no consequences for withdrawing your consent, but depending on the circumstances, we may continue to use the data where so permitted if it has a legitimate reason for doing so.

How we use your personal information

To the extent permissible under applicable laws, we may use your PI:

• To provide you with our products and services, and maintain our relationship with you.
• To execute a transaction in accordance with your request;
• To meet our contractual obligations with you or take steps necessary for concluding a contract with you;
• To comply with legislative and regulatory requirements, including codes of conduct and requirements of our regulators (including the European Mentoring and Coaching Council [EMCC]);
• For the detection and prevention of unlawful activity, fraud, under the applicable laws;
• For debt recovery or debt tracing;
• For purposes of online login and authorisation;
• To execute our strategic initiatives;
• To perform any risk analysis or risk management for our practice in general;
• To record and/or monitor and have access to your correspondence and electronic communications to/with us (or any of our employees, or contractors) in order to accurately carry out your instructions and requests, to use as evidence and in the interests of crime prevention;
• To maintain the security of our digital channels and systems;
• For statistical analysis and research purposes;
• For audit and record-keeping purposes;
• For purposes of proof and legal proceedings;
• To enhance your experience when interacting with us to help us improve our offerings to you;
• To conduct market research and provide you with information about our products and services from time to time via email, telephone or other means (for example, invite you to events);
• To process your marketing preferences (where you have unsubscribed from certain direct marketing communications, keeping a record of your PI and request to ensure that we do not send such direct marketing to you again);
• For any purpose related to and compatible with the above.

Sharing your information

1. We will only share your PI with third parties if there is a legitimate reason to do so. We may disclose the PI you provide to us to:
   — Third parties in relation to the purposes set out under “How we use your information”;
   — Public bodies and law enforcement for fraud detection and prevention.
   — Our third-party service providers who are involved in the delivery and/or administration of services.
2. We will disclose information when lawfully required to do so:
   — To comply with any relevant legislation;
   — To comply with any legal process; and
   — By any regulatory authority.
3. We may, occasionally, for legitimate purposes, share information with our stakeholders and partners (i.e. trend data) in a manner that does not identify you. However, we will not disclose your PI to third parties unless there is valid processing ground as set out in section 11 of POPIA.

Security and storage of information

1. We intend to protect the integrity and confidentiality of your PI. We have implemented appropriate technical and organisational information security measures (including, but not limited to, password protection, username authentication, secure servers, secure storage of hard copy files) to keep your PI secure, accurate, current, and complete. However, we cannot guarantee the security of any information you transmit to us online and you do so at your own risk.
2. Where third parties are required to process your PI in relation to the purposes set out in this notice and for other lawful requirements, we ensure that they are contractually bound to apply the appropriate security practices.
3. Your PI will be held and used for as long as permitted for legal, regulatory, fraud prevention and legitimate business purposes.

Retention

1. The period we will keep your PI depends on the type of PI and whether we have an ongoing business need to retain it – i.e. to provide you with a service you have requested or to comply with legal requirements.
2. Your PI will be retained by us for
   — as long as we have a relationship with you and
   — a period of time afterwards where we have an ongoing business need to retain it and legal requirements in accordance with our data retention policies and practices.
3. Following 2, we will ensure that the PI is destroyed in a way that de-identifies you.

Your rights

Right of access to information

PAIA coupled with POPIA offer you the right to access information held by a public or private body in certain instances. In order to exercise this right, you have to submit a request, in accordance with procedure in our PAIA manual.

Correction of your information

In accordance with POPIA, you have a right to correct any incomplete or inaccurate PI held by us. You can exercise this right in accordance with the procedure outlined in our PAIA manual.

Objection to processing of your information

In accordance with POPIA, you may object to our processing of your PI on reasonable grounds relating to your particular situation, unless legislation provides for such processing.

Marketing

Where you provide your PI to us in the context of a sale of one of our products or services, you agree to us sending you information on news, trends, services, events and promotions for our own similar products and or services, always subject to your right to opt out of receiving such marketing at the time your information is collected and on each subsequent marketing communication thereafter. You may object to receiving direct marketing from us at any time by contracting Be More Coaching Services at vandena@coachingu2bmore.co.za

Where you choose to exercise your right to opt out of direct marketing, please allow up to 30 days for us to effect that change.

Cookies

A cookie is a small text file that is downloaded onto ‘terminal equipment’ (i.e., a computer or smartphone) when you access a website. It allows the website to recognise your device and store information about your preferences or past actions.

What cookies do we use?

Some cookies we use are essential to the functioning of our website. Others help us with the performance and design of our website. This allows us to measure how many times a page has been visited, whether a page has been visited on the website through an advertisement or by other means. Other cookies help us to remember your settings which you may have selected or assist with other functionality when you browse and use our website. This helps us to remember what you have selected, so on your return visit – we remember your preferences. On certain pages of the website, we use cookies to help us understand your interests as you browse the internet, so we can tailor and render to you more personalised content and services in the future. This assists us in delivering relevant advertising to you during various advertising campaigns we may run from time to time through participating third-party sites.

We also use cookies on certain pages of our website to communicate with third-party data suppliers to extrapolate your digital behaviour. This helps us to understand and target more relevant advertising in the future. The information we receive is all collective and anonymous, but will include statistics such as demographics, online behaviour, product interests and lifestyle.

Disabling cookies

If you do not want to receive a cookie from the website, you have the option of setting your browser to notify you when you receive a cookie, so that you may determine whether to accept it or not. However, if you do turn off ‘cookies’ in your browser, you will not be able to fully experience some of the features of the website.

Children

While our services and websites are not directed towards children, we are committed to comply with all applicable laws aimed at the protection of children and in particular the protection of their PI.

Questions regarding this notice

Questions, comments and requests regarding this privacy notice may be directed to Be More Coaching Services at vandena@coachingu2bmore.co.za

Contact details for Information Regulator

Whereas we would appreciate the opportunity to first address any complaints regarding the processing of your PI, you have the right to complain to the Information Regulator, whose contact details are:

The Information Regulator (South Africa)
JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001
P.O Box 31533, Braamfontein, Johannesburg, 2017
Complaints email: complaints.IR@justice.gov.za
General enquiries email: inforeg@justice.gov.za.

GDPR in relation to this notice

If you operate within the European Economic Area, the contents and rights in this notice also applies to you. We are regarded, within the context of the relevant EU data protection laws (including but not limited to the General Data Protection Regulation 2016/679 [GDPR] as “data controller” of your PI..