Introduction

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Kwanda Kinetics is a Childhood Development And Therapy Centre and is registered as a private practice at SAPIK (the South African Institute for Kinderkinetics).  Since 2010, we have provided programs and services via contracted Kinderkineticists to private patients, preschools and primary schools in Gauteng. 

 

Kwanda Kinetics respects your privacy and is committed to keeping your personal information secure and confidential. The Protection of Personal Information Act, Act No. 4 of 2013 (POPIA), which is effective from 1 July 2021, aims to protect the personal data of all persons and further outlines how institutions should safeguard, collect, process, store, share and manage this information.

 

 

Below is the definition of Personal Information as stated in the POPI Act:

 

“personal information means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to:

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• 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 the person;

• information relating to the education or the medical, financial, criminal or employment history of the person;

• any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person;

• the biometric information of the person;

• the personal opinions, views or preferences of 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;

• the views or opinions of another individual about the person; 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;”

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The Act provides 8 conditions under which Personal Information may legally be gathered and processed.

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1. Accountability: Kwanda Kinetics must be accountable for the personal information it processes or holds in its possession.

2. Processing limitation: Personal information must be processed in a lawful and reasonable manner. The purpose for processing the information must be lawful, adequate, relevant and not excessive.

3. Purpose specification: The purpose for processing personal information must be specific, explicitly defined and lawful.

4. Further processing limitation: The reason for processing personal information further must be compatible with the original purpose of collection.

5. Information quality: We are required to take practicable steps to ensure that the personal information we process is complete, accurate, not misleading and updated.

6. Openness: Personal information must be processed in a way that allows you as our customer to know what is happening to your personal information.

7. Security Safeguards: We must ensure that there are sufficient security safeguards in place to secure the integrity and confidentiality of the personal information in our possession.

8. Data subject participation: You as our customer have a right to access your personal information and to correct and update your personal information accordingly.

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Kwanda Kinetics has created this ("Privacy Policy") to demonstrate our commitment to you through transparent, easy-to-understand information regarding our data practices. You will understand what we collect, why we collect it and what we do with it.

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What personal data do we collect?

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We need to collect, use and keep your Personal Information as prescribed by relevant laws and regulations, for the following reasons:

 

1. To share with and provide relevant products, programs or services to you, your child and/or the school;

2. To respond to your queries;

3. For operational purposes required to assist you, your child and/or the school with the solutions you require;

4. For invoicing purposes;

5. For assessing the children according to international scientific test batteries;

6. For interpreting the results of the assessments;

7. For presenting classes to the children;

8. For the writing of professional reports;

9. For providing feedback to the school, parent and/or other professionals;

10. For consulting with the parents and/or the school;

11. For providing educational talks and/or courses to parents and/or the school;

12. For hosting parent and/or school-related meetings;

13. For communicating important newsletters or articles pertaining to childhood development

14. In connection with possible requirements by the Information Regulator or other Government agencies allowed by law, legal proceedings, or court rulings.

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Your personal data includes information such as:

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• Name and surname

• Child's name and surname

• Child's date of birth

• Physical address, if you are a private patient

• Telephone number

• Email address

• Billing and payment information, if you are a private patient

• Other data collected that could directly or indirectly identify you and/or provide more information about your child's overall development

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How do we collect your data?

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Kwanda Kinetics collects your information either directly from you via your enrollment form and indemnity contract, or indirectly from our contracted schools (after we have received your consent form).  Your information is provided to us in either physical and/or electronic form.  Kwanda Kinetics may then need to upload and share your Personal Information and/or utilise software or online platforms to enter and process your information for all the above-mentioned purposes. This will only be done in strict adherence to the requirements of the Act.

 

The software that we are currently using for administration and communication purposes, is called Kidsoft.  You are welcome to request information on the steps taken by Kidsoft to protect your information in the best way possible.  In addition, we use Edupro Online to host all our educational talks and/or courses.  This online education platform is fully compliant with both the POPIA as well as the The General Data Protection Regulation 2016/679 in the European Union and the European Economic Area.

 

Our website uses forms in which you give us contact information (such as your name, address, phone number, billing information, IP address and email address) so you can create an account, place orders, request information, and/or request support. As you use your account on our website, we may also collect information through support requests or other related types of information that are specific to the management of your account and services with us.

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This type of information is legally and/or contractually required to be able to purchase and use our programs, services and/or products. For example, we are required to be able to verify this type of information upon request by our payment processor. It is also required to be able to serve legal notices to you in the case of any outstanding amounts, and is mandated by certain services we offer.  If you are purchasing any products from us, we are required by law to collect and retain this information.  According to the Children's Protection Act, we should also keep children's records for a minimum of 5 years.

 

Consent for the collection, use and retention of this information for these purposes is deemed to be contractually given for the duration of your use of our programs, service and/or products, and any legally required retention period.

 

We will use this personal information to provide additional services and information to you as we reasonably think appropriate, and for any other purposes set out in this policy.

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We may monitor, record and/or retain any telephone calls, emails and/or chat transcripts. We are dedicated to continually improving your client experience with us.  We also want to share other people's experiences regarding our programs, services and/or products with you.  For this reason, we post testimonials or reviews on our website and/or social media pages.  These testimonials or reviews may contain personally identifiable information. If you would like to request the removal of your testimonial or review from our website, contact us at marene@kwandakinetics.co.za 

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How do we process personal data?

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You may only send us your own personal data or the personal data of another data subject where you have permission to do so.

When you use or interact with any of our services and/or programs, you consent to the data processing, sharing, transferring and uses of your information as outlined in this Privacy Policy. Regardless of the country where you reside, you acknowledge that you are directly transferring your data to us in our South African-based servers and agree to processing this information within South Africa, where Kidsoft processes its data.

 

In addition, you authorize us to transfer, process, store and use your information in countries other than your own in accordance with this Privacy Policy and to provide you with our programs, services and/or products in association with our sister's company, Edupro Online.  Edupro Online is a US-based software company created to host our online courses and/or educational talks.  Edupro Online is fully compliant and in line with both the POPIA as well as The General Data Protection Regulation 2016/679 of the European Union and the European Economic Area. It also addresses the transfer of personal data outside the EU and EEA areas. 

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We strongly believe in both minimising the personal data we collect and limiting its use and purpose to only that:

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• For which we have been given permission

• Improve and optimise the operation and performance of our products, programs and/or services

• Diagnose problems with and identify any security and compliance risks, errors, or needed enhancements to the services

• Detect and prevent fraud and abuse of our services and systems.

• Understand and analyse how you use our programs, services and/or products, and which are most relevant to you

• Collect aggregate statistics about use of the services

• As we might be required or permitted for legal compliance or other lawful purposes

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Often, much of the data collected is aggregated or statistical data about how individuals use our programs, services and/or products, and is not linked to any of your personal data.

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Sharing with trusted third parties

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We may share your personal data with affiliated companies within our corporate family, with third parties with which we have partnered to allow you to integrate their services into our own services, and with trusted third-party service providers as necessary for them to perform services on our behalf, such as:

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• Processing credit card payments

• Credit bureaus to report account information, as permitted by law

• Conducting contests or surveys

• Performing analysis of our services and customers demographics

• Communicating with you, such as by way of email or survey delivery

• Customer relationship management

• Security, risk management and compliance

• Recruiting support and related services

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These third parties (and any subcontractors they may be permitted to use) have agreed not to share, use or retain your personal data for any purpose other than as necessary for the provision of services. We will also disclose your personal data to third parties:

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• In the event of selling or buying any business or assets in which case we will disclose your personal data to the prospective seller or buyer of such business or assets; or

• If we sell, buy, merge, are acquired by, or partner with other companies or businesses, or sell some or all of our assets. In such transactions, your personal data may be among the transferred assets.

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We cannot accept any liability whatsoever for unauthorised or unlawful disclosure of your personal data by third parties who are not subject to our control.  We will never sell your personal data to a third party for marketing purposes. No personal data will be disclosed to anyone except as provided in this privacy policy.

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Compliance with legal, regulatory and law enforcement requests

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We will never share your information without your permission or in ways other than as outlined in this policy. The only exceptions to this are when we are required by law, in the good faith belief that such action is necessary in order to comply with the law, or when we must comply with a legal process. Examples of these types of exceptions are court orders, subpoenas) or to protect the safety of the public or any person, or to prevent the violation of our terms of service.  To the extent we are legally permitted to do so, we will take reasonable steps to notify you in the event that we are legally required to provide your personal data to third parties. We will also share your personal data to the extent necessary to comply with registry rules, regulations, and policies when you register an account with us and making use of our programs and/or services or buy products from us.

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How do we secure, store, and retain your personal data?

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We currently use cloud-based administration software called Kidsoft to secure, store and retain your personal data.  Kidsoft has security measures in place to protect the loss, misuse and alteration of the information under our/their control. We authorize access to personal data only for those employees who require it to fulfil their job responsibilities. We implement disaster recovery procedures where appropriate.  We retain personal data only for as long as necessary to provide the services and/or programs you have requested and thereafter for a variety of legitimate legal purposes. These might include retention periods:

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• Mandated by law, contract or similar obligations applicable to our business operations;

• For preserving, resolving, defending or enforcing our legal/contractual rights; or

• Needed to maintain adequate and accurate business and financial records.

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When your account is cancelled (either voluntarily or involuntarily) all of your personally identifiable information is placed in "deactivated" status within our corresponding databases. However, you should know that deactivation of your account does not mean your personally identifiable information has been deleted from our database entirely. We will retain and use your personally identifiable information, if necessary, in order to resolve disputes, enforce our agreements and/or as required by laws or regulations.  If you have any questions about the security or retention of your personal data, you can contact us at marene@kwandakinetics.co.za  We will then be able to provide you with a statement from Kidsoft explaining their security, storing and retaining of all our information on their site.  

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How can you access, update, transfer or delete your personal data?

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You may choose to update or amend any personal data you have submitted to us by contacting us via email.  You are entitled to a right to be forgotten. We will delete any personal data that you don’t want us to have. If you make a request to delete your personal data and that personal data is necessary for the products or services you have purchased, the request will be honoured only to the extent it is no longer necessary for any services and/or programs to be delivered according to the contract/s that we have signed with each other. 

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How do we Communicate with you?

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We may contact you directly regarding products or services you have signed up to or purchased from us, such as necessary to deliver transactional or service-related communications. We also may use this information when it is important for us to contact you regarding functionality changes to programs, services and/or products that you have purchased and/or our website/mobile app and provide customer service.

 

By signing a contract with us and enrolling into one of our programs and/or services as well as opening an account with us for purchasing our products, you agree to receive these types of communication and acknowledge that they are not optional. We may also contact you with promotional offers for additional services we think you'll find valuable if you give us consent, or where allowed based upon legitimate interests or our existing business relationship. These contacts may include:

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• Email

• Text (SMS) messages

• Whatsapp messages

• Telephone calls

• D6 communication platforms

• Push notifications via our SpecialT or ParentApp

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You are able to opt-out of receiving promotional communications by sending us a direct email and asking to be unsubscribed from our emailing list.  In such a case, please contact our information officer at marene@kwandakinetics.co.za 

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Changes in our Privacy Policy

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We reserve the right to modify our Privacy Policy at any time. If we decide to change our Privacy Policy, we will post those changes to this Privacy Policy and any other places we deem appropriate, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.

 

If you do not agree with the changes, then you are free to cancel our programs, services and/or consultations, and/or to stop using our website and the website of our relevant sister company, Edupro Online by giving us relevant notice according to the contract/s that we have signed with you.  If you continue to use our programs, services, consultations and/or the website 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.

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Data breaches

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We will notify our customers of any confirmed data breaches that have occurred. It is also our clients’ responsibility to notify the relevant supervisory authority and any affected data subjects of a possible data breach. An example would be if you incorrectly received an email, report, newsletter, exercises and/or more, and you were not the intended subject.  In such a case, please contact the information officer at marene@kwandakinetics.co.za 

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Questions & Suggestions

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If you have any queries about this Policy, please contact marene@kwandakinetics.co.za 

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