PRIVACY POLICY
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Data protection and disclosure of information
As part of our day-to-day business of providing kids’
fitness programmes (the “Services”), we need to
collect personal information from our clients and
potential clients to ensure that we can meet their
needs for the provision of or information about the
Services.
Your privacy is important to us and it is our policy to
respect the confidentiality of information and the
privacy of individuals. This notice outlines how we
manage your personal information and details your
rights in respect of our processing of your personal
information.
We process your information in terms of our
Protection of Information Policy and Retention
of Data Policy. To review same, kindly send a
request to the Information Officer: Nicky Steel
nicky@poweredkids.com
Defined terms herein, where not herein defined, are
defined within the Protection of Personal
Information Act, 2013 (as may be amended or
substituted from time to time) (“POPIA”).
​
Who are we?
This Privacy Notice applies to the processing
activities of PowerEdKids (Pty) Ltd. (“PowerEd”)
(the “Practice”; is the Responsible Party (and
Operator in certain instances) for the processing of
your Personal Information.
Any reference to ‘us’, ‘our’, ‘we’ in this Privacy
Notice is a reference to both PowerEd and our
Coaches/Team respectively. Similarly, any
reference to ‘you’, ‘your’, ‘yours’ or ‘yourself’ in this
Privacy Notice is a reference to any of our clients
and potential clients as a Data Subject, or a
Competent Person in respect of such client and
potential client that is incompetent, such as a minor
child.
Our Privacy Notice will be reviewed from time to
time to take account of new obligations and
technology, changes to our operations and
practices, and to make sure it remains appropriate
to the changing environment.
What kind of Personal Information do we
collect?
We collect information necessary to fulfil our
obligations to our clients in the course of providing
the Services.
We may collect the following types of information
about you/your child(ren):
Name, address and contact details, date of birth
and gender, family details, medical aid details, any
other similar information.
On occasion the following sensitive Personal
Information may be obtained: physical or mental
health details. We will only obtain and process this
information with your express consent as set out in
terms of the relevant contractual terms.
Much of this information is collected in order to
establish and assess the reasons for a referral to us
as well as whether we can and should provide the
Services (and products, where relevant) to you. If
you chose not to provide the information required,
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we may not be able to provide you with the full benefits of our service. If you provide us with any Personal Information relating to a third party (e.g. information of your spouse, children, and/or child’s guardian), by submitting such information to us, you represent to us that you have obtained their consent and/or are a Competent Person in respect to the provision of such Personal Information. The main activities of PowerEd are the provision of fitness programmes for minor children. In this respect, by submitting Personal Information (including sensitive personal information) to PowerEd, you expressly provide your informed consent for the collection, processing and storage of such minor child’s Personal Information in respect of such minor child and confirm that you are duly authorised to do so as a Competent Person. How is the Personal Information obtained? We obtain this information when you sign your child up for a PowerEd program or make an enquiry about our services as well as from information provided in the course of ongoing services and communication. What Lawful Basis do we rely on? We may be required to collect and use certain types of Personal Information to comply with the requirements of the law and/or regulations, however we are committed to processing all personal information in accordance with POPIA and any other relevant data protection laws and codes of conduct (herein collectively referred to as “the data protection laws”) which are applicable to PowerEd and its business.
The data protection laws allow us to only process
your data for certain reasons:
• to perform a contract that we are party to;
• to carry out legally required duties;
• for us to carry out our legitimate interests;
• where we obtain your consent;
• to protect your interests; and
• where something is done in the public
interest.
All the processing carried out by us falls into the
permitted reasons, for example; our use of your
personal information in order to comply with our
obligations under contract. This includes where a
contract is not yet signed but you have requested
us to take action as a first step (e.g. provide details
of our services).
Consent
Where our use of your personal information
requires consent, such consent will be provided
explicitly by you as set out herein, in the Terms &
Conditions entered into by you with PowerEd, or as
otherwise provided or procured.
If we rely on your consent as our legal basis for
processing your personal information, you then
have the right to withdraw that consent at any time
by contacting us using the contact details set out in
this Privacy Notice; however, the withdrawal of
consent may be limited by law or contract or subject
to the completing of a relevant service or other
similar and related activity. Withdrawal of consent
will likely necessitate the termination of services.
We use WhatsApp for communication, which has
embedded end-to-end encryption that ensures
only the persons you're communicating with can
read or listen to what is sent, and nobody in
between, not even WhatsApp. We use Google
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Workspace (formerly “GSuite”) which is
designed to meet stringent privacy and security
standards based on industry best practices. We
also utilise Zoom. Further information can be
provided on request or researched via their
respective websites. You consent to us processing
personal information via these channels as well as
telephonic communication.
What we do with the personal information we
obtain?
We may use information held about you in the
following ways:
• To provide you with any services and/or
information you request from us (which
includes carrying out any obligations arising
from any contracts entered into between
you and us);
• to notify you about changes to our services;
• to provide you with information by post,
email, telephone or otherwise about
products and services of a similar nature to
those you have previously purchased or
expressed an interest in which are offered
by PowerEd and which we think may be of
interest to you. You have the right to ask us
not to process your personal information for
marketing purposes. You can exercise your
right to prevent such processing by
contacting us by phone or email using the
details in the ‘Contact us’ section below.
You can unsubscribe from emails by
request to the Information Officer.
• to administer our sites and for internal
operations, including troubleshooting, data
analysis, load management, testing,
research, statistical and survey purposes;
• to improve our sites to ensure that content
is presented in the most effective manner
for you and for your device;
• to measure or understand the effectiveness
of content we serve to you and others, and
to deliver relevant content to you;
• for the purposes of providing services such
as ‘most popular’ information on our site;
• to deliver targeted advertisements to you
and others as you browse the internet;
• to obtain your feedback on a product,
service or our sites via a third party
appointed by us;
• to allow you to participate in interactive
features of our sites, when you choose to do
so; and
• as part of our efforts to keep our sites safe
and secure.
Disclosure of your personal information
We may share the Personal Information we hold
about you across PowerEd and its Coaches to
enable us to better understand you and your
child/ren’s needs and run your accounts in the
efficient way that you expect. Your Personal
Information may also be used for customer
modelling, statistical and trend analysis, with the
aim of developing and improving our products and
services.
We will never sell, trade, or rent your Personal
Information to others; however, we may share your
information with selected third parties including:
• our service providers, suppliers and subcontractors
for the performance of any
contract we have entered into with them.
They may then process this data on our
behalf to help run some of our internal
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business operations for example IT
services.
• governmental or judicial bodies or agencies
to comply with our legal and regulatory
obligations;
• non-affiliated companies may sometimes
be used to provide certain services such as
preparing and mailing reports, account
statements and other information,
conducting research on client satisfaction;
• advertisers and advertising networks that
require the data to select and serve adverts
about our services to you and others. It will
only be passed to third party advertisers in
order to provide services on behalf of
PowerEd;
• data, service and software providers that
assist us in the improvement and
optimisation of our sites;
Where we share your data with third parties we
ensure that your data is held securely and in line
with applicable legislation.
How we store Personal Information
Safeguarding the privacy of your information is
important to us, whether you interact with us
personally, by phone, by mail, over the internet or
any other electronic medium.
We hold Personal Information in a combination of
secure computer storage facilities and paper-based
files and other records and take steps to protect the
Personal Information we hold from misuse, loss,
unauthorised access, modification or disclosure.
When we consider that Personal Information is no
longer needed, we will remove any details that will
identify you or we will securely destroy the records.
Where you have opted out of receiving marketing
communication we will hold your details on our
suppression list so that we know you do not want to
receive these communications.
The Retention of Documents Policy contains further
information on this and is available on request.
Management and Safeguarding of Personal
Information
We always take appropriate technical and
organisational measures to ensure that your
information is secure. In particular, we train our
employees who handle Personal Information to
respect the confidentiality of customer information
and the privacy of individuals. We regard breaches
of your privacy very seriously and will impose
appropriate penalties, including dismissal where
necessary. We have appointed an Information
Officer to ensure that our management of Personal
Information is in accordance with this Privacy
Notice, applicable policies, and the applicable
legislation.
The internet is an open medium and we cannot
guarantee that any information you send to us by
email or via our sites will not be intercepted or
tampered with; any transmission is at your own
risk. Once we have received your information, we
will use appropriate procedures and security
features to prevent unauthorised access.
Your rights as a data subject
The data protection laws give you certain rights in
relation to the data we hold on you. These are:
• the right to be notified. This means that
we must tell you how we use your Personal
Information, and this is the purpose of this
Privacy Notice;
• the right of access. You have the right to
access the Personal Information that we
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hold on you. To do so, you should make a
subject access request;
• the right for any inaccuracies to be
corrected. If any Personal Information that
we hold about you is incomplete or
inaccurate, you are able to require us to
correct it;
• the right to have information deleted. If
you would like us to stop processing your
Personal Information, you have the right to
ask us to delete it from our systems where
you believe there is no reason for us to
continue processing it;
• the right to restrict the processing of the
Personal Information. For example, if you
believe the Personal Information we hold is
incorrect, we will stop processing it (whilst
still holding it) until we have ensured that it
is correct;
• the right to portability. You may transfer
the Personal Information that we hold on
you for your own purposes;
• the right to object to the inclusion of any
information. You have the right to object to
the way we use your Personal Information
where we are using it for our legitimate
interests;
• the right to regulate any automated
decision-making and profiling of
Personal Information. You have a right not
to be subject to automated decision making
in way that adversely affects your legal
rights.
Where you have provided consent to our use of
your Personal Information, you also have the
unrestricted right to withdraw that consent at any
time subject to contractual obligations. Withdrawing
your consent means that we will stop processing
the Personal Information that you had previously
given us consent to use. There will be no
consequences for withdrawing your consent;
however, in some cases, we may continue to store
and use the Personal Information where so
permitted by having a legitimate reason for doing so
or where required by law, regulation or by any other
competent authorities. We may also not be able to
continue our services to you.
You can read more about these rights within section
5 of POPIA.
Transfers of Personal Information outside of
South Africa
Your data may be transferred to, stored at, and
processed at a destination outside of South Africa
by our employees based abroad and by service
providers (e.g. Google Workspace and WhatsApp).
By submitting your Personal Information, 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 applicable legislation or other relevant and
appropriate laws.
Links to external websites
Our sites may, from time to time, contain links to
and from the websites of our partner networks,
advertisers and affiliates. If you follow a link to any
of these websites, please note that these websites
have their own privacy policies and that we do not
accept any responsibility or liability for these
policies or how such websites collect and use your
data. Please check these policies before you
submit any Personal Information to these websites.
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Access to Personal Information about you
You have the right to request a copy of the Personal
Information we hold about you. If you would like a
copy of some or all of this information you may
contact us as follows:
• Information officer contact details
Full name: Nicky Steel
Email address: nicky@poweredkids.com
Telephone number: +1 441 5380206
• PowerEd’s head office details
Physical address: 6 Dalziel Rd, Wynberg, 8001
Contact email address: info@poweredkids.com
Contact telephone number: 083 324 0375
If any of the information we hold is inaccurate, you
can ask us to make any necessary amendments.
Updates to the Privacy Notice
We reserve the right to update this Notice to reflect
any legal changes or changes to the way in which
we process your Personal Information. The updated
Notice will be delivered to you electronically to the
details we hold on file and/or published on our
website and it will come into effect at the time of
publication generally.
Contact Us
If you have any queries regarding privacy issues or
the content of this Privacy Notice, you can email us
on info@poweredkids.com; alternatively, by using
the contact details provided above.
What if you have a complaint?
If you have a concern about any aspect of our
privacy practices, you can make a complaint. This
will be acted upon promptly. To make a complaint,
please contact us via one of the methods set above.
You undertake to first make a good faith attempt
to resolve same with PowerEd. If you are not first
satisfied with our response to your complaint, you
have the right to then lodge a complaint with our
supervisory authority, the Information Regulator.
You can find details about how to do this on their
website: https://www.justice.gov.za/inforeg/.