Last Updated: October 2022
It applies for example when you use our websites (https://dom-smith.mykajabi.com) (“website“), and the services that we offer (“services“). It also applies any other time that we process your information. This policy creates a legally binding agreement between us and you and will apply as soon as you use the website or services or as soon as we process your information.
Any other browser and commercial terms available on the website will also apply (“the commercial terms”). If there is a conflict between this policy and the commercial terms, the commercial terms will prevail.
Changes to this policy: unless the law requires that we give you notice, we may change this policy from time to time in line with any changes that the law or our internal business operations require, without prior notice. However, we will display a notice if there are material changes to this policy. The current version of this policy that applies each time we process your personal information, will apply at the time. You must consider the policy each time you visit the website or provide personal information to us. If you do not agree with any terms of this policy, you must stop using the website or services.
The right to privacy and this policy is important to us. We commit to take all reasonable steps to protect your privacy when we use your information. We therefore implement business practices that comply with applicable laws, including the South African law, POPI (collectively, “Applicable Law“). In this policy, we explain how we will use and protect your Personal Information in light of Applicable Law.
By using our website, you (the visitor) acknowledge that third parties may process your IP address, in order to determine your location for the purpose of currency conversion. You also acknowledge that currency will be stored in a session cookie in your browser (a temporary cookie which gets automatically removed when you close your browser). We do this in order for the selected currency to remain selected and consistent when browsing our website so that the prices can convert to your (the visitor) local currency.
- PERSONAL INFORMATION
Where we refer to “Personal Information”, we mean personal information as the Applicable Law defines it. It refers to information that may directly or indirectly identify you. Personal Information includes, for example, your name, surname, email address, identity number, contact details, photograph, training and eating habits and health related information, personal to you.
- COLLECTING YOUR PERSONAL INFORMATION
- We collect Personal Information about you from the following sources:
- through your social media interaction with us when you respond to an advertisement displayed on a social media platform;
- directly from you when you provide it to us through any channel, like when you sign up for a service, or contact us or because of our relationship with you, including for example when you share relevant information to us through a WhatsApp group;
- from public sources where you have made your Personal Information public, like on social media;
- a family member, friend or acquaintance who has provided your information to us; and
- from your use of our website or use of any features or resources available on or through our website.
- We collect Personal Information about you from the following sources:
- We collect the following Personal Information from you:
- General personal details:your name and surname, gender, date of birth, age, nationality, language preferences, identity or passport number.
- Specific personal information relating to the services: your current and intended training programs and goals, your eating habits, any eating disorders, current weight, bodily measurements and weight loss target, sleeping habits and other similar relevant information.
- Sensitive / special personal information:such as health-related information that may have an impact on your participation and use of the services.
- Assessment results: progress results from each of your assessments during your participation on your training program, including weight and bodily measurements.
- Contact details:your address, contact number, email address, public social media profile(s).
- User information:Personal Information in correspondence with
us through all channels, also including social media, transaction documents, when using the services or other materials that we process when we provide the services.
- Consent records:records if you give consent for using your Personal Information, including the specific details of the consent. We will also record it if you withdraw or refuse consent.
- Payment details:payment amount, date and reason for payment and related information.
- Data relating to our website:like the type of device you use to access the website, the operating system and browser, browser settings, IP address, dates and times of connecting to and using the website and other technical communications information.
- Cookies and other technologies.
- Content and advertising data:records of your interactions with our online advertising on the various websites which we advertise and records relating to content displayed on web-pages that we display to you.
- Views and opinions:any views and opinions that you share with us, or publicly post on social media platforms or elsewhere.
- Children’s Personal Information:We do not intentionally collect and use Personal Information of any user that qualifies as a child in terms of the Applicable law of the applicable jurisdiction. We will only do so if required to render the services with the express consent of a parent or guardian where required in terms of Applicable Law.
- PURPOSES OF PROCESSING PERSONAL INFORMATION
We only process adequate and relevant Personal Information for the following purposes and legal bases:
- Provide you with information and/or free products available through our websites;
- Perform in terms of our agreement with you to render the services and provide you access to the website or any of our coaches;
- Operate and manage your account or your relationship with us, including through interaction and discussions through various channels, with our coaches;
- Provide you access to our coaches and receive information from you on a continual basis through WhatsApp communications and/or by adding to a WhatsApp group administered by any of our coaches. If you do not want to be added to such groups, please send an email to email@example.com. You may also request at any point that you be deleted from such groups;
- Monitor and analyse your condition and physical performance during the course of the program and retain this information for future use;
- Monitor and analyse our business to ensure that it is operating properly, for financial management and for business-development and general operational purposes;
- Contact you by email, SMS, push notifications or other means to inform you about our products or services, unless you have opted-out of such communications (direct marketing);
- Form a view of you as an individual and to identify, develop or improve the website and services that may interest you;
- Carry out market research and surveys, business and statistical analysis and necessary audits;
- Fraud prevention;
- Perform other administrative and operational tasks like testing our processes and systems and ensuring that our security measures are appropriate and adequate; and
- Comply with our regulatory, legal, reporting or other obligations.
- In addition to the above purposes, we may use your Personal Information for other purposes if the law allows for it, if you consent to it, or if it is in the public interest to do so. All purposes for the processing of your Personal Information will be legal in terms of Applicable Law.
- DIRECT MARKETING
- We may process your Personal Information to contact you to provide you with information regarding our current or other services that we think may interest you. Where we provide services to you (where you are a customer of ours), we may send information to you regarding the products or services we provide and other relevant information. We will only send you direct marketing communications if you are our customer or if you have given consent, or otherwise if Applicable Laws allow it.
- You may unsubscribe from any direct marketing communications at any time by clicking on the unsubscribe link that we include in every direct marketing communication or if you contact us and request us to unsubscribe you.
- After you unsubscribe, we will not send you any direct marketing communications, but we will continue to contact you about the services for purposes of our relationship.
- DISCLOSURE OF PERSONAL INFORMATION TO THIRD PARTIES
We will keep your Personal Information confidential and only share it with others in terms of this policy, or if you otherwise consent to it, or if the law requires from us to share it. We may disclose your Personal Information to:
- Our coaches for purposes of providing the services to you;
- Our business partners or third party service provider processors for reasons like data storage, payment processing, providing IT services, etc. in terms of written agreements;
- Research institutions, such universities or other research institutions, for scientific purposes in terms of written agreements. We undertake that all test results will remain anonymous and confidential;
- Legal and regulatory authorities, upon their request, or for the purposes of reporting any breach of Applicable Law;
- Accountants, auditors, lawyers and other external professional advisors in terms of written agreements with them;
- Any relevant party to the extent necessary for the establishment, exercise or defence of legal rights, criminal offences, threats to public security, etc.;
- Any relevant third party if we sell or transfer all or any portion of our business or assets; and
- Any relevant third party provider where our website uses third party advertising, plugins or content.
- If we engage third party processors to process your Personal Information for us, the processors will be appointed in terms of a written agreement which will require the third party processors to only process Personal Information on our written instructions, use appropriate measures to ensure the confidentiality and security of your Personal Information and comply with any other requirements set out in the agreement and required by Applicable Law.
- Our website may connect to various social media websites or apps, including, but not limited to, Facebook, Twitter, LinkedIn, Instagram, Trainerize. If you want to use the website for social media integration, we will share your Personal Information with the relevant social media websites or apps.
- INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION
Due to the nature of our services and our business operations, we transfer Personal Information to and from different countries for our internal business purposes.
You should therefore take note that we transfer your Personal Information to recipients in other countries. We will only transfer Personal Information to third parties in countries with adequate data protection laws or do so in terms of a written agreement with the recipient which includes data protection requirements on that party as required by Applicable Law.
Please note that when you transfer any Personal Information directly to a third party in another country (i.e. we do not send your Personal Information to the third party), Dom Smith Health & Fitness is not responsible for that transfer of Personal Information (and such transfer is not based on or protected by this policy). Any Personal Information that we receive from a third party country will nevertheless be processed in terms of this policy.
We have implemented appropriate technical and organisational security measures designed to protect Personal Information against accidental or unlawful destruction, loss, alteration, disclosure, access and other unlawful or unauthorised forms of processing. These measures accord with Applicable Law.
The internet is an open and often vulnerable system and if information is transferred via the internet, it is unfortunately not always completely secure. Although we implement all reasonable measures to protect Personal Information, we cannot guarantee the security of your Personal Information if you transfer it to us through the internet. Therefore, you acknowledge and agree that if you transfer Personal Information via the internet, you do so at your own risk, and you are responsible to ensure that you send Personal Information securely.
- YOUR LEGAL RIGHTS
You have the following rights when it comes to your Personal Information under Applicable Law:
- Right of access:you may request whether we hold Personal Information about you, and you may request a copy of it;
- Right to rectification:you may request that we amend or update your Personal Information if it is inaccurate or incomplete;
- Right to erasure:you may request that we delete your Personal Information, but sometimes Applicable Laws will allow or require us to keep it despite your request;
- Right to restrict processing:you may request that we temporarily or permanently stop processing your Personal Information;
- Right to object:
- You may object to us processing your Personal Information; and
- You may object to us processing your Personal Information to direct market to you;
- Right to information portability:you may request that we transmit a copy of your Personal Information to another person; and
- Right not to be subject to automated decision-making:where a decision that has a legal or other significant effect is based solely on automated decision making, including profiling, you may request that your Personal Information not be processed in that manner.
Where you have provided consent for us to process your Personal Information, you may also withdraw your consent where our processing is based on your consent. However, we may continue to process your Personal Information if we can rely on another legal justification to process it.
Note that any objections or requests in terms of this clause 9, may be limited and will be considered and honoured in accordance with the rights and obligations of all applicable laws.
When you use the website, we automatically receive and record information on our server logs from your browser. This information may include, amongst others, your location, IP address, cookie information and Google Analytics information. This is statistical data about browsing actions and patterns. We may also obtain information about how you generally use the internet through a cookie file which is stored on the hard drive of your computer. Cookies enable us to improve our website and services, estimate our audience size and usage patterns, store information about your preferences and recognise you when you return to the website.
In some instances, we collect and store information about your location through cookies (other than when you share your location with us). We convert your IP address or mobile GPS data into a rough geo-location, and we may use location information to improve and personalise the website and services for you.
- The various types of cookies (distinguished by their function, lifespan and origin) that we may collect include the following:
- First party cookies:cookies that are stored by the actual website or app you are visiting which are only visible to that website or app;
- Performance cookies:cookies that collect data on the performance of a website or app. Examples include the number of persons who visit a website or app, the time spent on the website or app and errors that may arise during the use of the website or app;
- Functionality or preference cookies:cookies that increase the usability of a website or app by remembering a visitor’s choices, such as the language preference, login information, location of the visitor, etc.;
- Targeting or advertising cookies:cookies that enable a website or app to send its visitors personalised advertising, often based on your browsing history; and
- Session cookies:these are temporary cookies that are deleted once you close your browser. Permanent cookies are those that are stored on your device until you delete them or until your browser deletes them (after a period specified in the cookie).
- LINKS ON OUR WEBSITE
Our website may include links to other apps or third party websites which we don’t control. We are therefore not responsible for your privacy when you visit these sites, or for the content of these third party sites. We display these links to make it easier for you to find information about specific subjects. If you use and rely on these links, you do so at your own risk.
- RIGHT TO OBJECT
You may, on reasonable grounds, object to us using your Personal Information for certain purposes. If you object, we will stop using your Personal Information, except if Applicable Law allows us to continue using it. If you want to exercise this right or discuss it with us, you can contact us on firstname.lastname@example.org
- CHILDREN’S INFORMATION AND SENSITIVE / SPECIAL PERSONAL INFORMATION
Our services are not offered to children and we do not intentionally collect or use children’s Personal Information without the consent of a parent or guardian of the child unless the child can lawfully give its own consent in terms of Applicable Laws and has given the consent.
We collect health related information which qualifies as special / sensitive Personal Information, but only process this information for purposes of rendering the services and with your consent.
- QUALITY AND ACCESS TO YOUR INFORMATION
- Quality:we want to ensure that your Personal Information is accurate and up to date. You may ask us to correct or remove any Personal Information that you think is inaccurate, by sending us an email on email@example.com
- Access:you have the right to request that we provide you with Personal Information that we hold about you. You must contact us directly or send an email firstname.lastname@example.org We will consider this request in terms of Applicable Laws and may require you to verify to first confirm your identity, to tell us about the rights that you want to enforce and pay a fee.
- The right to access your Personal Information may further be limited in terms of Applicable Law.
- RETENTION OF INFORMATION
- We take every reasonable step to ensure that your Personal Information is only processed for the minimum period necessary for the purposes set out in this policy.
- We retain Personal Information in accordance with the required retention periods in Applicable Law or for legitimate business purposes. We will only retain your Personal Information for the purposes explicitly set out in this policy. We may keep Personal Information indefinitely in a de-identified format for statistical purposes. This may for example include statistics of how you use the website and services.
- This policy also applies when we retain your Personal Information.
- We may retain your Personal Information for the duration of any period necessary to establish, exercise or defend any legal rights.
- SECURITY BREACH
We will report any security breach to the applicable regulatory authority in terms of Applicable Law and to the individuals or companies whose Personal Information is involved in the breach. If you want to report any concerns about our privacy practices or if you suspect any breach regarding your Personal Information, kindly notify us by sending an email email@example.com
- LODGING A COMPLAINT
If you want to raise any objection or have any queries about our privacy practices, you can contact our data protection officer on firstname.lastname@example.org
You also have the right to formally lodge a complaint in terms of Applicable Laws as follows:
- The Information Regulator
Address: 27 Stiemens Street, Braamfontein
Tel: 011 877 3600
Fax: 011 403 068