Arbinger Institute South Africa Privacy Notice and Privacy Rights
Introduction:
Arbinger Institute South Africa collects information through our website, other interactive properties, as well as the day-to-day, in-person operations through which the services are delivered. We are committed to protecting the personal information we collect about you, and we take reasonable precautions to safeguard its confidentiality. This Privacy Notice describes the categories of information we collect, the purpose of such collection, the sources of information collection, and the categories of third parties we share information with.
Arbinger Institute SA encourages our customers, visitors, business associates, and other interested parties to read this Privacy Notice, which applies to all users. By using our Service or submitting personal information to Arbinger Institute SA by any other means, you acknowledge that you understand and agree to be bound by this Privacy Notice, and agree that Arbinger Institute SA may collect, process, transfer, use, and disclose your personal information as described in this Notice. Further, by accessing any part of the Service, you are agreeing to THE TERMS AND CONDITIONS OF OUR TERMS OF SERVICE (the “Terms of Service”). IF YOU DO NOT AGREE WITH ANY PART OF THIS PRIVACY NOTICE OR OUR TERMS OF SERVICE, PLEASE DO NOT USE ANY OF THE SERVICES.
Arbinger Institute SA’s registered Information Officer ensures that the provisions of the POPI Act is complied with and implemented in the following way:
- Respecting the privacy rights of data subjects
- Complying with the conditions for lawful processing of personal information, and
- Ensuring reasonable measures are taken to secure personal information.
What personal information do we collect about you?
Personal information (also commonly known as personally identifiable information (PII) or personal data) is information that can be used to identify you, or any other individual to whom the information may relate.
The personal information that we collect directly from those registering for the Service, may include the following categories:
- Name and contact information (e.g., address; phone number; email, fax, ID)
- Billing Information (e.g., credit card, bank account, billing contact information)
- Gender and age
- Geographic or location information
- Information contained in posts you make on the public forums and interactive features of the Service.
- Other information that may be exchanged in the course of engaging with the Service. You will be aware of any subsequently collected information because it will come directly from you.
What are the sources of personal information collected by Arbinger Institute SA?
When providing personal information to Arbinger Institute SA as described in this Notice, that personal information are collected directly from you, and you will know the precise personal information being collected by us. Arbinger Institute SA does not collect personal information from any other sources, except where it may automatically be collected as described in the section titled “Cookies, Device Data, and How it is Used”, if the information in that section is considered personal information.
Why does Arbinger Institute SA collect your personal information?
Subject to the terms of this Privacy Notice, Arbinger Institute SA uses the above-described categories of personal information in several ways. We collect and process your Personal Information mainly to provide you with access to our services and to interface with Arbinger USA and our affiliated business partners. The type of information we collect will depend on the purpose for which it is collected and used. We will only collect information that we need for that purpose. We collect information directly from you where you provide us with your personal details, for example when you engage our online platform or solicit the services of our affiliated business partners. We will only use this information to carry out the processes for the purpose for which you registered with us. We will protect your Personal Information in accordance with this Notice and POPIA. Arbinger Institute SA will not share your Personal Information with external third parties, save for Arbinger USA and our affiliated business partners who facilitate our services to you.
How do we share your Personal Information with third parties?
We may provide any of the described categories of personal information to Arbinger Institute SA employees, consultants, affiliates or other businesses or persons for the purpose of processing such information on our behalf in order to provide the Service to you. In such circumstances, we require that these parties engage in a written agreement to protect the confidentiality of such information, consistent with the terms of this Privacy Notice. Again, Personal Information is shared only when needed, and for the purpose of providing the Service which you require from us.
We will not share your personal information with other third-party companies for their commercial or marketing use.
In addition, we may release personal information: (i) to the extent we have a good-faith belief that such action is necessary to comply with any applicable law; (ii) to enforce any provision of the Terms of Service , protect ourselves against any liability, defend ourselves against any claims, protect the rights, property and personal safety of any user, or protect the public welfare; (iii) when disclosure is required to maintain the security and integrity of the Service, or to protect any user’s security or the security of other persons, consistent with applicable laws (iv) to respond to a court order, subpoena, search warrant, or other legal process, to the extent permitted and as restricted by law; or (v) in the event that we go through a business transition, such as a merger, divestiture, acquisition, liquidation or sale of all or a portion of our assets.
Direct Marketing Communications
We may communicate with you using email, SMS, and other channels as part of our effort to market our products or services, administer or improve our products or services, or for other reasons stated in this Privacy Notice. You have an opportunity to withdraw consent to receive direct marketing communications, as permitted by law.
If you no longer wish to receive correspondence, emails, or other communications from us, you may opt-out by submitting a request, or by using the UNSUBSCRIBE link in any email communication you may have received. Further, you may express your communication preferences by:
- Noting your preferences at the time you join as a member of Arbinger Institute SA
- Contacting us using the contact information provided below or exercising your privacy rights by clicking on this link: Exercise Your Privacy Rights
Please note that you may continue to receive non-marketing communications as may be required to maintain your relationship with Arbinger Institute SA.
Retention of Data
Arbinger Institute SA will retain your personal information only for as long as is necessary for the purposes set out in this Notice. We will retain and use personal information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies.
Arbinger Institute SA will also retain usage data for internal analysis purposes. Usage data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Sites and/or Portals, or we are legally obligated to retain this data for longer periods.
Cookies, Device Data, and How it is Used
When you use our Service, we may record unique identifiers associated with your device (such as the device ID and IP address), your activity within the Service, and your network location. Arbinger Institute SA uses aggregated information (such as anonymous user usage information, cookies, IP addresses, browser type, clickstream information, etc.) to improve the quality and design of the Service and to create new features, promotions, functionality, and services by storing, tracking, and analyzing user preferences and trends. Specifically, we may automatically collect the following information about your use of Service through cookies, web beacons, and other technologies:
- domain name
- browser type and operating system
- web pages you view
- links you click
- IP address
- the length of time you visit the Sites, Portals, and/or Services
- the referring URL or the webpage that led you to the Sites
We may also collect information regarding application-level events, such as crashes, and associate that temporarily with your account to provide customer service. In some circumstances, we may combine this information with personal information collected from you (and third-party service providers may do so on behalf of us).
In addition, we may use "cookies," clear gifs, and log file information that help us determine the type of content and pages to which you link, the length of time you spend at any particular area of the Service, and the portion of the Service you choose to use. A cookie is a small text file that is sent by a website to your computer or mobile device where it is stored by your web browser. A cookie contains limited information, usually a unique identifier and the name of the site. Your browser has options to accept, reject or provide you with notice when a cookie is sent. Our cookies can only be read by Arbinger Institute SA; they do not execute any code or virus; and they do not contain any personal information. Cookies allow Arbinger Institute SA to serve you better and more efficiently, and to personalize your experience with the Service. We may use cookies for many purposes, including (without limitation) to save your password so you don’t have to re-enter it each time you visit the Service, and to deliver content (which may include third party advertisements) specific to your interests.
We may use third party service providers to help us analyze certain online activities. For example, these service providers may help us measure the performance of our online campaigns or analyze visitor activity on the Service. We may permit these service providers to use cookies and other technologies to perform these services for Arbinger Institute SA. We do not share any personal information about our customers with these third-party service providers, and these service providers do not collect such personal information on our behalf. Our third-party service providers are required to comply fully with this Privacy Notice.
International Data Transfer
We do use third party service providers to help us deliver our services, and it may result in the processing of personal information in data centers and locations outside of the Republic of South Africa. For example, these service providers may provide us with essential information technology or tools we use to run our business. We may permit these service providers to process our business information and/or your personal information. We do not permit these service providers to process any personal information outside of a contract, and these service providers may collect personal information on our behalf. Our third-party service providers are required to comply fully with this Privacy Notice as well as the laws of the Republic of South Africa as it pertains to your personal information.
For individuals located outside the Republic of South Africa, in particular in Switzerland, the United Kingdom and the European Economic Area (EEA), please note that Arbinger Institute SA is a South African based business. Arbinger Institute SA does not market to or solicit customers from outside the Republic of South Africa, therefore, users of the Services should not expect to avail themselves of the rights provided under the EU’s General Data Protection Regulation (“GDPR”). If you use the Services, all information, including personal information, will be transferred to Arbinger Institute SA in the Republic of South Africa. By using the Services, you unambiguously consent to the transfer of your personal information and other information to the Republic of South Africa and elsewhere for the purposes and uses described in this Notice. Further, you acknowledge that Arbinger Institute SA is not subject to the GDPR or similar international privacy laws, and, therefore, you will be unable to claim the privacy rights provided in those laws.
South African Privacy Rights
If you are a South African resident, South Africa law may provide you with certain rights with regard to your personal information under the Protection of Personal Information Act (“POPIA”) and Promotion of Access to Information Act (“PAIA”) as well the Consumer Protection Act. Throughout this Privacy Notice you will find information required by POPIA regarding the categories of personal information collected from you; the purposes for which we use personal information, and the categories of third parties your data may be shared with. This information is current as of the date of the Notice and is applicable in the 12 months preceding the effective date of the Notice.
As a South African resident, the POPIA and PAIA provide you the ability to make inquiries regarding to your personal information. Specifically, the degree to which the information is not already provided in this Privacy Notice, you have the right to request disclosure or action your personal information, including:
- If your personal information is collected by us.
- The specific pieces of personal information collected about you.
- The ability to correct or delete certain personal information collected about you.
- The ability to delete all the personal information collected about you, subject to certain exceptions.
- To opt-in or opt-out of direct marketing to you.
- To object to processing of your personal information, or
- Appeal any rejection of access to your personal information
You may submit a request regarding your rights under POPIA or PAIA by submitting a request on the following link: Exercise Your Privacy Rights
If we receive a POPIA request from you, we will first make a determination regarding the applicability of the law, and we will then take steps to verify your identity prior to responding. The steps to verify your identity may vary based on our relationship with you, but, at a minimum, it will take the form of confirming and matching the information submitted in the request with information already held by Arbinger Institute SA and/or contacting you through previously used channels to confirm that you submitted the request (i.e. confirming identity through contact information that we have on file, and/or the contact information submitted to make the request).
Arbinger Institute SA does not knowingly collect or process the special personal information such as your religious or philosophical beliefs, race or ethnic origins, trade union memberships, political persuasion, health or sex life, or your criminal behaviour or biometric information.
If you have a comment, question, or complaint about how we are processing your personal information, we hope that you contact us to allow us to resolve the matter. In addition, if you are located in the Republic of South Africa, you may submit a complaint regarding the processing of your personal information to the Information Regulator at the following link: https://www.justice.gov.za/inforeg/contact.html.
Information Storage and Security
We employ industry-standard and/or generally accepted security measures designed to secure the integrity and confidentiality of all information submitted through the Service. However, the security of information transmitted through the internet or via a mobile device can never be guaranteed. We are not responsible for any interception or interruption of any communications through the internet or for changes to or losses of data.
Users of the Service are responsible for maintaining the security of any password, user ID or other form of authentication involved in obtaining access to password protected or secure areas of the Service. To protect you and your information, we may suspend your use of any of the Service, without notice, pending an investigation, if any breach of security is suspected.
External Links
The Service may contain links to other websites maintained by third parties. Please be aware that we exercise no control over linked sites and Arbinger Institute SA is not responsible for the privacy practices or the content of such sites. Each linked site maintains its own independent privacy and data collection policies and procedures, and you are encouraged to view the privacy policies of these other sites before providing any personal information.
You hereby acknowledge and agree that Arbinger Institute SA is not responsible for the privacy practices, data collection policies and procedures, or the content of such third-party sites, and you hereby release Arbinger Institute SA from any and all claims arising out of or related to the privacy practices, data collection policies and procedures, and/or the content of such third-party sites.
NOTICE REGARDING THESE SPECIFIC LINKS:
- “Mindset Assessment” Link
- “Mindset Styles Assessment” Link
The Data Processing (Assessment Results) for the above assessment will be processed by The Arbinger Institute in the USA and not by Arbinger SA. The results are confidential and no personal information will be shared.
Social Media
Arbinger Institute SA will only publish images and personal information on social media if such images and data were published, submitted, or provided by the data subject, or alternatively, if explicit consent was obtained from the data subject before doing so.
Children’s Privacy
Arbinger Institute SA may only process the Personal Information of a minor after obtaining consent from the child’s parent or legal guardian.
Changes to this Privacy Notice
Arbinger Institute SA reserves the right to modify this Privacy Notice from time to time in order that it accurately reflects the regulatory environment and our data collection principles. When material changes are made to this Privacy Notice, Arbinger Institute SA will post the revised Notice on our website. This Privacy Notice was last modified as of 1 October 2021.
Contact Us
If you have any questions or comments about this Privacy Notice or the Service provided by Arbinger Institute South Africa, please contact us:
ARBINGER INSTITUTE SOUTH AFRICA
Website: arbinger.co.za
Operating from Colab
Ext 2, 194 Bancor Avenue Park Lane West Building
Menlyn Maine
Waterkloof Glen
Pretoria
0181