Attention: Please read this Privacy Policy carefully before using this website. If you do not agree with any part of this Policy, you must immediately cease your access and use of the website.

1. INTRODUCTION

This Privacy Policy (“Policy”) is important to The Red Academy Foundation (Registration No. CK2009/185259/23) (collectively referred to as “The Red Academy Foundation”, “us”, “we” or “our” in this Policy”), a company duly registered and incorporated in accordance with the laws of South Africa, and is applicable to customers and users of our website at The Red Academy Foundation.co.za.

Data protection is a high priority for the management of The Red Academy Foundation. We are committed to ensuring that your privacy is protected when using our services and to business practices which are compliant with all relevant legislation, which includes the General Data Protection Regulations (EU) 2016/697 (“GDPR”), the Protection of Personal Information Act 4 of 2013 (“POPI”) and the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”). The use of The Red Academy Foundation’s website is possible without any indication of personal data; however, if a data subject wants to use company services via our website, the processing of personal data may be necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject.

The processing of personal data of a data subject shall always be in line with the above legislation, and in accordance with the country-specific data protection regulations applicable to The Red Academy Foundation. By means of this Policy, our company would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this Policy, of the rights to which they are entitled.

This Policy sets out how your personal data will be processed and protected, as well as how we may use personal information that we collect about you when you visit our website, enter, or apply to enter into an agreement with us. By using our website, you acknowledge that you have read and agree to be bound by this Policy.

We may amend this Policy from time to time, in line with any changes that may be required by legislation or our internal business operations, and the version available on our website at https://www.redacademyfoundation.co.za/privacypolicy, at the time that you interact with us, will apply. We encourage users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information which we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

If you have any questions about this Policy or do not agree with its content, please contact us directly at info@redacademy.co.za.

2. DEFINITIONS

This Policy is based on the terms used by the European Union Legislator (the “Legislator”) for the adoption of the GDPR as well as the terms used in POPI and ECTA. Our Privacy Policy should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used.

In this Policy, we use, inter alia, the following terms:

1. Personal data (or personal information as defined in POPI) (“data”):means any information relating to an identified or identifiable natural person (see Data Subject below). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
2. Special personal information means personal information as referred to in section 26 of POPI.
3. Data subject:any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.
4. Processing:any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
5. Restriction of processing: the marking of stored personal data with the aim of limiting their processing in the future.
6. Profiling:means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular, to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
7. Controller responsible for the processing:the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
8. Data exporter:a controller (or, where permitted, a processor) established in the European Union that transfers personal data to a data importer.
9. Data importer:a controller or processor located in a third country that receives personal data from the data exporter

• Processor:a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

11. Recipient:a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third-party or not. However, public authorities which may receive personal data in the framework of a particular enquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
12. Third-party:a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
13. Consent:Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
14. COLLECTION OF PERSONAL DATA

3.1. WHAT MAY BE COLLECTED AND METHODS OF COLLECTION

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows: (1) identity data (including first name, surname, address, marital status, title, date of birth and gender), (2) contact data (including phone numbers, e-mail address, billing address and delivery address),  (3) technical data (including IP address or cookie information, login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website), (4) usage data (including information about how you use our website, products and services), (5) marketing and communications data (includes your preferences in receiving marketing from us and our third parties and your communication preferences, and (6) any other information which we reasonably need to perform our obligations in terms of the agreement with you to make decisions about you or fulfil our regulatory, compliance or other business obligations.

We collect data about you as follows:

• the information you provide to us through our website;
• the information you provide through communications with us;
• the information from website interaction with us; and
• the information from other third parties related to our operations or within our business structure.

We may record calls as required by law, or for quality checks, staff training and/or for purposes relating to your relationship with us.

3.2. COOKIES

When you use our website, we automatically receive and record information on our server logs from your browser which may from time to time include your location, IP address, cookie information, and the page you requested. This is statistical data about browsing actions and patterns and does not identify any individual. We may also obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies enable us to improve our service to you, estimate our audience size and usage patterns, store information about your preferences and recognise when you return to our website.

You can set your web browser to refuse cookies, but if you do this you may not be able to enjoy full use of our website and you may not be able to take advantage of certain promotions we may run from time to time.  Please note that third parties who advertise on our site may also use cookies, but we do not have access to or control over them, and therefore cannot take responsibility for them.

3.3. LINKS

The website may include links to other websites which do not fall under our supervision. We do not accept any responsibility for the protection of privacy or the content of these websites, but we offer these links to make it easier for our visitors to find more information about specific subjects. When you leave our website, we encourage you to read the privacy policy of every website you visit.

The Red Academy Foundation is not responsible for, give no warranties, nor make any representations in respect of the privacy policies or practices of linked or any third-party websites.

4. USE OF YOUR PERSONAL DATA

4.1. HOW DO WE USE YOUR PERSONAL DATA

• The Red Academy Foundation undertakes to only process your personal data insofar as it is adequate, relevant and not excessive for the purposes set out below. We do not draw any conclusions about the data subject. Rather, this data is needed and used for purposes related to the performance of our duties in terms of any agreement or proposed agreement we may have with you;
• managing your account, any application, agreement or correspondence you may have with us;
• carrying out, monitoring and analysing our business;
• contacting you by email, SMS, letter, telephone or in any other way about our products and services, unless you inform us that you prefer not to receive marketing communications;
• identifying or preventing fraud and money laundering;
• carrying out market research, business and statistical analysis;
• carrying out audits;
• performing other administrative and operational tasks including the testing of systems;
• recovering any debt you owe to us; and
• complying with our regulatory or other obligations.

Your personal data may also be used for other purposes for which you give your permission, or where we are permitted to do so in law when it is for legitimate business purposes or in the public interest to disclose the data.

You may on reasonable grounds object to the processing of your personal data, after which we undertake not to continue to process such information, except as provided for in law.

4.2. PERSONAL INFORMATION ABOUT CHILDREN AND SPECIAL PERSONAL INFORMATION

We do not intentionally collect or use information of children unless with consent. Our intention is therefore to only process information about children with the consent of a competent person (someone like the parent or guardian), or if required to establish, exercise or defend a right or obligation in law, or if otherwise allowed in law to process it.

We do not intend to process any “special personal information” about you, which includes, for example, political, religious or health-related information, except if we are:

• under a legal obligation to do so;
• receive your consent to process it; or
• otherwise allowed in law to process such information.

4.3. DATA WE SHARE

We will keep your personal data confidential and only share it with others for the purposes set out in this policy, or if you have otherwise consented thereto, or if we are legally obliged or entitled to do so.

We have trusted relationships with carefully selected third parties who perform services on our behalf. All service providers are bound by contract to maintain the security of your personal data and to use it only as permitted by us.

Subject to this policy, we may share data about you with:

• affiliates of ours, in which case we will seek to require the affiliates to honour this privacy policy;
• any firm, organisation or person who provides us with products or services, and or delivery of those products or services, reasonably require access to your information;
• any firm, organisation or person that will provide us with information about you in order for us to make decisions about you;
• any payment gateway we may use;
• regulatory and governmental authorities, ombudsmen, or other authorities, including tax authorities, if we are requested by them to do so; and
• third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.

We require all third parties to respect the security of your personal data and to treat it in accordance with all applicable data security laws. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

5. RIGHTS OF DATA SUBJECTS
6. Right of confirmation:Each data subject shall have the right granted by the Legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact our Data Protection Officer or another employee of the controller.
7. Rightof access:Each data subject shall have the right granted by the Legislator to obtain from the controller-free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:

• the purposes of the processing;
• the categories of personal data concerned;
• the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular, recipients in third countries or international organisations;
• where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
• the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
• the existence of the right to lodge a complaint with a supervisory authority;
• where the personal data are not collected from the data subject, any available information as to their source; and
• the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.

Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.

If a data subject wishes to avail him/herself of this right of access, he or she may at any time contact our Responsible Person or another employee of the controller.

3. Right to rectification:Each data subject shall have the right granted by the Legislator to obtain from the controller, without undue delay, the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact our Data Protection Officer or another employee of The Red Academy Foundation.

4. Right to erasure (Right to be forgotten):Each data subject shall have the right granted by the Legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:

• The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
• The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
• The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
• The personal data have been unlawfully processed.
• The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
• The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.

If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by The Red Academy Foundation, he or she may at any time contact our Responsible Person or another employee of the controller. The Responsible Person of The Red Academy Foundation or another employee shall promptly ensure that the erasure request is complied with immediately.

Where the controller has made personal data public and is obliged pursuant to Article 17(1) of the GDPR to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. The Responsible Person of The Red Academy Foundation or another employee will arrange the necessary measures in individual cases.

5. Rightof restriction of processing:Each data subject shall have the right granted by the Legislator to obtain from the controller restriction of processing where one of the following applies:

• The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
• The processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead.
• The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
• The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by The Red Academy Foundation, he or she may at any time contact our Responsible Person or another employee of The Red Academy Foundation. The Responsible Person of The Red Academy Foundation or another employee will arrange the restriction of the processing.

6. Right to data portability:Each data subject shall have the right granted by the Legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others. In order to assert the right to data portability, the data subject may at any time contact the Responsible Person designated by The Red Academy Foundation or another employee.

7. Right to object:Each data subject shall have the right granted by the Legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.

The Red Academy Foundation shall no longer process the personal data in the event of the objection unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.

If The Red Academy Foundation processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to prothe cessing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to The Red Academy Foundation to the processing for direct marketing purposes, The Red Academy Foundation will no longer process the personal data for these purposes.

In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by The Red Academy Foundation for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

In order to exercise the right to object, the data subject may directly contact the Responsible Person of The Red Academy Foundation or another employee. In addition, the data subject is free, in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.

8. Automated individual decision-making, including profiling

Each data subject shall have the right granted by the Legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision:

(1) is not necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject, and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on the data subject’s explicit consent.

If the decision:

(1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject’s explicit consent, The Red Academy Foundation shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.

If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may at any time directly contact the Responsible Person of The Red Academy Foundation or another employee of the controller.

9. Right to withdraw consent:Each data subject shall have the right granted by the Legislator to withdraw his or her consent to the processing of his or her personal data at any time.

If the data subject wishes to exercise the right to withdraw the consent, he or she may at any time directly contact the Responsible Person of The Red Academy Foundation or another.

6. DATA PROTECTION FOR APPLICANTS

The data controller shall collect and process the personal data of job applicants for the purpose of the processing of the application procedure. The processing may also be carried out electronically. This is the case, in particular, if an applicant submits corresponding application documents by e-mail or by means of a web form on the website to the controller. If the data controller concludes an employment contract with an applicant, the submitted data will be stored for the purpose of processing the employment relationship in compliance with legal requirements. If no employment contract is concluded with the applicant by the controller, the application documents shall be automatically erased two months after notification of the refusal decision, provided that no other legitimate interests of the controller are opposed to the erasure.

7. LEGAL BASIS FOR PROCESSING
8. Consent:6(1)(a) of the GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose.
9. Contract:If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1)(b) of the GDPR.

• Legal obligations:The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfilment of tax obligations, the processing is based on Art. 6(1)(c) of the GDPR.

11. Vital interests:In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third-party. The processing would then be based on Art. 6(1)(d) of the GDPR.
12. Public interest:The processing is necessary to perform a task in the public interest or for an official function, and the task or function has a clear basis in law.
13. Legitimate interests:Finally, processing operations could be based on Article 6(1)(f) of the GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third-party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the Legislator. A legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 of the GDPR).
14. LEGITIMATE INTERESTS

Where the processing of personal data is based on Article 6(1) (f) GDPR our legitimate interest is to carry out our business in favour of the well-being of all our employees and the shareholders.

9. PROVISION OF PERSONAL DATA

The provision of personal data may be required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact our Responsible Person. Our Responsible Person will clarify to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.

• TRANSFER OF PERSONAL DATA TO A THIRD-PARTY COUNTRY

We may only transfer your data to foreign countries in order for us to perform services to you and/or for purposes of any agreement we have with you.

Such data shall only be transferred to recipients who are subject to laws, binding corporate rules or agreements, that provide an adequate level of protection that uphold the principles for transferring/processing of data that are substantially similar to those principles as set out in GDPR and POPI.

11. AUTOMATED DECISION-MAKING

As a responsible company, we do not make use of automated decision-making or profiling.

12. SECURITY

As the controller, The Red Academy Foundation has implemented numerous technical and organisational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone.

When you use the website, we may give you an access number, username, password and/or personal identification number (“PIN”). You are responsible to maintain the secrecy and confidentiality of your username, access number, password and/or PIN. Should you misplace or have these details stolen from you it is your responsibility to inform us at info@The Red Academy Foundationsoftware.co.za and take steps to change these details.

13. QUALITY AND ACCESS TO YOUR INFORMATION

We want to ensure that your information is accurate and up to date. You may ask us to correct or remove any information that you think is inaccurate, by sending us an e-mail to info@The Red Academy Foundationsoftware.co.za

You have the right to request us to provide you with information that we hold about you. You must contact us directly to do so or send an e-mail to info@The Red Academy Foundationsoftware.co.za .  Fees to obtain a copy of your records may be prescribed in terms of POPI, for which we will provide you with a quote before disclosing such records.

14. RETENTION OF INFORMATION

We retain information in accordance with the required legal retention periods or for legitimate business purposes.  We will however only retain your information for the purposes explicitly set out in this policy.

Should we keep your information longer than is strictly necessary for purposes of our agreement or as required in law, we will either de-identify your information, or keep it for statistical purposes only.

Whilst we retain your information, we will continue to abide by our non-disclosure obligations and will not sell or share your information without your consent.

15. BREACH

We will report any security breach to both the Regulator and the individuals or companies involved within 72 hours of becoming aware of the breach, where feasible. If you suspect any breach regarding your information, kindly notify us immediately by sending an email to info@The Red Academy Foundationsoftware.co.za .

16. RESPONSIBLE PERSON DETAILS

Any data subject may, at any time, contact us directly with all questions and suggestions concerning data protection:

• Name of company: The Red Academy Foundation
• Physical address: redPanda Place, Golf Park, Raapenberg Rd, Mowbray, 7700
• Email address:info@The Red Academy Foundationsoftware.co.za
• Telephone number: +27 (021) 680 0900
• Fax number: +27 (021) 680 0999
• Website:co.za

17. YOUR ACCEPTANCE OF THESE TERMS

By using this website, you indicate your acceptance of this policy and terms of service. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed to be your acceptance of those changes.