Privacy Policy, Terms and Disclaimer

Who we are

Our website address is: https://360smartly.com a business of, owned and operated by Inner Zone (Pty) Ltd.

What personal data we collect and why we collect it

Comments

When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.

An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

Mostly we may de-activate comments for purposes of effective management.

Media

If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.

Cookies

If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.

Embedded content from other websites

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracing your interaction with the embedded content if you have an account and are logged in to that website.

By default WordPress does not collect any personal data about visitors, and only collects the data shown on the User Profile screen from registered users. However some of your plugins may collect personal data. You should add the relevant information below.

Analytics

By default WordPress does not collect any analytics data. We have not installed a WordPress plugin that provides analytics services. However, web hosting accounts with which this site inter-acts may unbeknown to us collect some anonymous analytics data.

Who we share your data with

By default WordPress does not share any personal data with anyone. We will not share your data intentionally with anyone, except maybe our the sister-site, fsmindfulness.co.za, embedded in the Free State Institute for MIndfulness, the source of programs relating to mindfulness. That site has its own privacy page but which also includes a provision that your information is not intentionally shared.

How long we retain your data

If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.

For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

What rights you have over your data

If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

General

  • 360Smartly respects your privacy and is committed to protecting it through our compliance with this Privacy Policy.

  • We therefore do not collect any data from you unless necessitated by normal use and interaction with us and this website or associated websites. We do not use your data unless within the normal use and interaction with us and this website or associated websites. Until this policy is amended, we will not use or collect your data except to enable us to provide you with the services provided by us- in other words, for example, we will collect your e-mail address, to communicate with you, or your billling addres, to bill you, or the information provided for any social inter-action will be stored for those purposes.

  • When you are directed to facebook, or other third party social media platforms, those platforms will collect data from you according to their privacy policies. Kindly ensure that you read their privacy policies and terms and conditions.

  • This website operates on third party platforms licenced to us. It is our understanding that the providers of these sites may collect information on us when we negotiated the use of the platform, or communicated with them during development of this site, but it is not our understanding that any data is collected by them about or from users or customers of 360Smartly.

  • We also use pay gates and other third party applications, which are not owned and operated by us, we have no control over these entities – read their terms of service and privacy policies well. They are all well-accepted well-known entities whom you may have encountered before.

  • There are no cookies placed or used by us to collect data to on-sell or for marketing purposes – we do not use cookies or software to collect your information excepts as set out above.

  • We have taken all reasonable steps to safeguard the privacy of information provided by you, but we do not make any representations or warranties that the information provided by you, whether personal information, or otherwise, is absolutely safe and secure.

  • The information gathered through details submitted via the Site will not be used for anything other than that which is stated in these Terms. Such gathered personal information may be re-used and stored by us for a reasonable period and in order for the completion of any of our related services, including any marketing and advertising of products by ourselves.

  • We may collect certain information about your visit, including but not limited to the name of the Internet service provider and the Internet Protocol (IP) address through which you access the Internet; the date and time you access the Site; the pages that you access while at the Site and the Internet address of the website that linked you directly to the Site. This information is used amongst other things to help improve the Site, analyse trends, and administer the Site.

  • We may further collect your progress and performance statistics for internal purposes and for reporting to the relevant educational institutions, if applicable.

  • Other than in respect of personal information, if you provide information to us, you agree that such information is not confidential information and that we have unlimited rights to such information and that we may use such information for any purpose within our sole and absolute discretion.

  • While using the Site, information about you may be either collected by us or provided by you, such as, without limitation, your name, surname, title, birth date, gender, country of residence, closest city, address, contact numbers, non-personal browsing habits and click patterns, email address and IP address. You consent to such collection of information.

  • You agree that we may collate, process, use and store the information referred to above to greet you when you log onto the Site, inform you of facts relating to your access and use of the Site, provide you with periodic information regarding products, services, competitions, special offers and other of our marketing initiatives, our partners or affiliates (“Marketing Initiatives”), to communicate with you, and request information from you and to compile non-personal statistical information about browsing habits, click-patterns and access to the Site.

  • If we sell our business or part of it, it will share the information about you which it has collected from your use of the Site, with the purchaser, who may then provide you with information about their products, services and marketing initiatives.

  • You acknowledge and agree that by creating customer profile and uploading and sharing such customer profile, for example on websites dedicated to discussion groups or forums, such information is not confidential.

  • You hereby provide your consent that we are entitled to collect, maintain, save, compile, share, disclose any information collected from you, subject to the following provisions:

    • we shall not disclose any personal information to anyone except as provided for in these Terms;

    • we may compile, use and share any information that is not personal information for statistical and research purposes;

    • we may disclose personal information to our employees and agents who require such information to carry out their duties or any activity incidental thereto; and

    • we shall disclose personal information where the law requires it to disclose such personal information.

  • In all other situations, we shall not disclose personal information without giving you prior notice thereof and an opportunity for you to consent thereto.

  • Where disclosure has been made to any third party, we undertake to keep records of such third party disclosure and will ensure that all such third parties sign written agreements protecting the confidentiality of such personal information as provided for in the Protection of Personal Information Act 4 of 2013 (“POPI”).

  • You agree and recognise that information provided may be susceptible to the provisions of the Regulation of Interception of Communications Act 70 of 2002. As such, we may possess the right to intercept, read, monitor, block, delete, and/or close the information provided to the Site.

  • You agree that we may store your personal information in any country outside of South Africa where such country’s data privacy laws are equivalent or stricter than POPI (including the United States of America and the United Kingdom), or where we have concluded suitable agreements with third parties which comply with the relevant provisions of POPI allowing for the storage of personal information.

  • Through your use of the Site, you signify your acceptance of our Privacy Policy. Should you not agree to this policy, please do not continue to use the Site. Your continued use of the Site following the posting of changes to these Terms (including but not limited to changes to the Privacy Policy) will be deemed as your acceptance of those changes. By registering at the Site you provide your consent to allow us to communicate various messages relating to promotions, special offers, discounts and the like associated with the Site. The form of communication may include, but are not limited to, electronic mail; mobile communications (SMS); and telephone calls.

  • However, although we do what we can to protect data on this site we may experience attempts to steal information, to hack this site. In as much as we experience criminal activity or criminal use of our and your data over which we have no control, and in as much as data may be stolen from you by a third party application on this site, or even misused by a third party application, by accepting this policy and the terms associated with it, you waive any claims against us under every legal jurisdiction, and you indemnify us against any claims which may be instituted by any person injured or who experienced damages of any nature whether directly or indirectly by the loss of or misuse of your data.

  • If you have any concerns about the use of your information, or the contents of this Privacy Policy, please feel free to contact us.

Legal Basis for Collecting and Processing Personal Information
360Smartly collects and processes your personal information when we have lawful bases for doing so. These lawful bases include when you provide consent, when we have a contractual obligation to collect or process your personal data, and when we have a legitimate interest (e.g., to communicate with you regarding the short courses/programs (each, a “Course”), to use data for analytics purposes, to prevent fraud, to report possible criminal acts or threats to public security to a competent authority) in processing your personal information.

Information You Provide
360Smartly collects information from you when you choose to provide it to us. For example, we may collect your information when you submit a form requesting information about a Course or about other courses offered at other schools, otherwise provide information to us through the Websites, or otherwise contact us. The information we collect may include personal information, such as your contact details, government issued identifier, or other information that can be used to identify you or can be attributed to you, or non-personal information. In some cases, you may choose not to provide us with your information, but we may require it when necessary to perform a contract or to comply with a legal obligation. We also may use information about you for reasons not described in this Privacy Policy where the reason is compatible with the purpose for which we originally collected your information and where such use is lawful.

Information Automatically Collected
When you visit the Websites or interact with e-mails that we send to you, we may passively collect information from you and store that information on our server logs, including your internet protocol address (“IP address”), browser type, operating system, device identifier, device model, software version, or mobile or ISP carrier information. We do not, other than described above use Cookies and other technologies to collect information about your visit to the Websites, such as the date and time of your visit, the information you searched to find the Websites, or your activity on the Websites. “Cookies” are small files which may be stored on your computer during your use of the Websites and contain data about your use of the Websites. We do not other than described above  use session Cookies (which expire when you close your browser) nor persistent Cookies (which stay on your computer until you delete them) to understand more about your activity on the Websites or on other websites.

To learn more about your choices for receiving interest-based advertising or to opt-out, please review the information below:

  • DAA: To opt-out of such collection and use for interest-based advertising by the Digital Advertising Alliance (DAA) participating companies, please visit: http://www.aboutads.info/choices.

  • EDAA: To opt-out from the use of information about your online activities for interest-based advertising by European Interactive Digital Advertising Alliance (EDAA) member companies, please visit: http://www.youronlinechoices.eu/.

  • NAI: To opt-out from the use of information about your online activities for interest-based advertising by Network Advertising Initiative (NAI) member companies, please visit: http://www.networkadvertising.org/choices/.

Information Collected from Other Sources
We may collect or receive information about you from other sources with which you interact (e.g., Facebook), companies that are our partners, or other third parties to update or supplement the information that you provide or that we collect automatically. We may use this information to help us maintain the accuracy of the information we collect, to target our communications so that we can inform you of products, services or other offers that may be of interest to you, and for internal business analysis or other business purposes.

Our Combination of Your Information
We may combine the information we receive from and about you, via the Websites and from third parties, to help us tailor our communications to you and to improve the Websites.

Failure to Provide Personal Information
Failure to provide certain information may make it difficult or impossible for you to access some services through the Websites (for example, to register for and complete courses). You will need to ensure that personal information submitted to us is accurate and up-to-date (for example, we need a current email address to communicate with you about the Course in which you are enrolled).

How We Use Your Information

360Smartly may use the information that we collect from and about you in order to:

  • Provide our services, including the set up and management of accounts and profiles.

  • Personalize your experience on the Websites and in any Course in which you choose to enroll and help us to better respond to your individual needs.

  • Develop new products or services or to conduct analysis to enhance current products and services.

  • Review the usage and operations of the Websites and to analyze and improve the Websites (we continually strive to improve the Websites based on the information and feedback we receive from you).

  • Contact you for the following purposes:

    • marketing,

    • advising you on Course information,

    • respond to your inquiries,

    • assisting you in completing your Courses, including communicating with you about your use of the Websites to complete a Course (you may not opt out of receiving these communications while participating in the Course), or

    • other legitimate business purposes (as specified above).

  • Protect the security of the Websites.

  • Verify your identity.

  • As otherwise described at the point of collection or for purposes which you expressly permit us to use the information.

360Smartly also may use de-identified information in an aggregated or anonymized manner to help us analyze the use of the Websites. This Privacy Policy does not limit our use or disclosure of de-identified information, and we reserve the right to use and disclose such information to our partners, advertisers, and other third parties at our discretion.We will retain your personal information for as long as necessary to provide you with the services through the Websites or to otherwise administer and maintain the services and our Websites.

How We Disclose Your Information

360Smartly may share your information with other entities or individuals in the following circumstances: .

  • Select Partners and Affiliates: We may share your information with our select partners and affiliates who contibute to our education offering.

  • Service Providers: We may share your information with our service providers that provide business, professional, or technical support functions for us. These service providers are only provided access to your information to the extent necessary to process your information and/or provide services to 360Smartly, and may not use or share your information for any other purposes. 360Smartly will not disclose information about you to Service Providers to serve relevant advertising on third party platforms to you or to other audiences.

  • Your Employer: We may share your information with your employer, in the event that the employer is paying for your Course (information disclosed in this case shall include Course performance information, unless otherwise expressly agreed in writing with 360Smartly).

  • Legal Matters; Safety: We may access or share your information to satisfy any applicable law, regulation, legal process, or governmental request; in connection with an investigation on matters related to public safety; as permitted by law; or otherwise as required by law. We may disclose your information to protect the security of the Course, the Websites, servers, network systems, and databases. We also may disclose your information as necessary if we believe that there has been a violation of our Terms of Use (including investigation of potential violations thereof), any other legal document or contract related to the Websites, or the rights of any third party.

  • Fraud; Security:We may access and disclose your information to detect, prevent, or otherwise address fraud, security or other technical issues.

  • Consent; Other:We may share information with third parties when we have your consent, or otherwise as described to you at the point of collection.

  • Contributing Partners: We may share your information with the relevant Contributing Partner in order to process your information, track your participation in the Course, and/or fulfill our contracted responsibilities to the University Partner.

  • Sale or Transfer of Business or Assets: 360Smartly may sell or purchase assets during the normal course of our business. If another entity acquires us or any of our assets, information we have collected about you may be transferred to such entity. In addition, if any bankruptcy or reorganization proceeding is brought by or against us, such information may be considered an asset of ours and may be sold or transferred to third parties. Should such a sale or transfer occur, we will use reasonable efforts to try to require that the transferee use your information in a manner that is consistent with this Privacy Policy.

  • De-Identified Aggregate or Anonymous Information: 360Smartly may also share de-identified aggregate or anonymous information with third parties for their marketing or analytics uses. For example, we provide Google Analytics with de-identified data so that they may provide us with a better understanding of visitors’ interactions with the Websites, including actions a visitor takes while accessing the Websites or sites to which a visitor navigates after leaving the Websites. Learn more about Google Analytics’ use of de-identified data, and how to opt out of such use with a browser add-on, here

  • International Transfers: We transfer personal data from the European Economic Area to other countries, some of which have not been determined by the European Commission to have an adequate level of data protection. In these instances, we use Standard Contractual Clauses, and some of our Service Providers may rely on Standard Contractual Clauses, Privacy Shield, or Binding Corporate Rules, to help ensure we and our Service Providers respect your data privacy rights and protect your data. If you would like a copy of our Standard Contractual Clauses, you may do so by contacting us at info@360Smartly.com or on our contact page.

For California Residents: If you do not want 360Smartly to disclose your information to third parties (including affiliated third parties which may not share the 360Smartly name) for their direct marketing purposes, you may opt out of such disclosure by contacting us at info@360Smartly.com or on our contact page.

Information Security and Data Retention

We are committed to protecting the security of your information. We maintain what we believe to be appropriate physical, electronic, and managerial procedures to safeguard and secure your information and to prevent unauthorized access, maintain accuracy, and ensure appropriate use of your information. The accuracy, safety, and security of your information also depend on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Websites, you are responsible for keeping this password confidential. We ask that you not share your password with anyone. Even though we do our best to protect your information, the transmission of information via the internet is not completely secure, and we cannot guarantee our security measures. We are not responsible for any unauthorized access to or acquisition of your information.

We will retain your personal information for as long as necessary to provide you with the services through the Website or to otherwise administer and maintain the services and our Website.

Your Rights Regarding Your Personal Information

You may access and/or update your personal information through your user profile. In some instances, you may have the right to (a) request that 360Smartly export a full listing of your personal information in a commonly used electronic form (b) withdraw your consent to 360Smartly to process your personal information; and (c) request that 360Smartly restrict the processing of or delete your personal information. Certain personal information, however, is necessary for us to provide information to you about the Course or to provide services to you through the Websites or otherwise. If you choose not to provide this personal information or request that 360Smartly delete or restrict the processing of this personal information, you may not be able to participate in the Course, and we may not be able to provide you with other services, including those provided through the Websites or advertised about the Course.

If you believe these rights regarding your personal information have been infringed upon, please contact us as set forth in the “Additional Information” section. You also have a right to lodge a complaint with data protection authorities.

To the extent the above rights apply in your country, they may be limited in some situations, for example, if 360Smartly is under a legal requirement to retain certain information. If you wish to make a request described in this paragraph, or if you are otherwise unable to access and/or edit your personal information through your user profile, you may contact us at info@360Smartly.com or visit our Contact Us page (using the Data Protection Enquiry tab).

Additional Information

Education Records

You may have specific rights relating to the disclosure of any personal information that you provide to us and/or education records that we may create about you under the Family Education Rights & Privacy Act (“FERPA”), or other relevant law or regulation. You also may have specific rights under FERPA related to accessing and/or updating your personal information. If you would like to inspect and review your education records, you may submit a request to us. Requests for access will receive a response within 45 days, although certain records may be excluded from education records made available for inspection (within the bounds of the law and our confidentiality undertakings with third parties). You may also request amendment of records that you believe are inaccurate, misleading or in violation of your rights.

Public Forums; Publicly Available Content

Any information you may disclose through the Websites, such as on message boards, in chat rooms, or on other public areas on the Websites, may be viewed by others, such as your classmates and professors. Please exercise caution when disclosing personal information in these public areas. You are responsible for ensuring the accuracy of all information submitted to the Websites, and you agree to only publish or share information about a third party with the third party’s consent.

Your content may be made available, and may be accessed, viewed, stored, collected, or used by other users of the Websites, such as your classmates and professors, subject to your restrictions and the Terms of Use. If you do not want 360Smartly to store metadata associated with your content, please remove the metadata before uploading your content.

Third-Party Content, Links, and Plug-Ins

The Websites may also offer you the ability to interact with social plugins from social media sites, which may allow us and/or the social media site to receive data from or about you, to better understand who is using the Websites, how people are using the Websites, how to improve the effectiveness of the Websites, our services and related content, to help us or those third parties serve more targeted advertising to you across the Internet, and to allow “Like” buttons and “Share” buttons to work. In some cases, we may know that you clicked on a social plugin, such as a Twitter Follow button, or receive other information from the social media sites. Similarly, if you have previously provided personal information to a third party operating a plug-in on our Websites, then such third party may recognize you on our Websites. Your use of social network plugins is subject to each social media site’s privacy policy, which may be different from ours. As with linked websites, we have no control over the information that is collected, stored, or used by social network plugins.

Changes to This Policy

We review our privacy practices from time to time, and reserve the right to make changes to this Privacy Policy at any time. If we do make changes, we will give notice via the Website features or by emailing you. We recommend that you check the contents of the Privacy Policy whenever you have any new questions about privacy and our use of data, referring to the date of the last amendment listed at the bottom of the Privacy Policy.

Questions or Concerns About This Policy

If you have any questions or comments about this Privacy Policy, please email us at support@360Smartly.com. You may also have the right to complain to a European Union data protection authority. To make a request to delete or access the data 360Smartly has about you, e-mail us at support@360Smartly.com

Disclaimer

While we at 360Smartly have made every attempt to ensure that the information as contained on this website (“Site”) is accurate and correct, we do not guarantee the accuracy and/or correctness of any information that is contained on this Site, nor do we guarantee the availability of any services offered on this Site. All information and services contained on this Site are made available without any warranty of any kind, either express or implied.

Accordingly, in no event shall 360Smartly and/or any of its subsidiaries and/or any of its affiliates and/or any of its agents and/or any of its employees be in any way liable to any party for any adverse results whatsoever (including but not limited to any injury and/or loss and/or expense and/or damages – consequential, special, or otherwise – of any kind whatsoever suffered or incurred by any person) and howsoever occurring, that may occur as a result of any party accessing this Site, and/or using and/or placing any reliance on any information contained on this Site, and/or availing themselves of any services offered on this Site. You therefore access this Site, use and/or place any reliance on any information contained on this Site, and/or avail yourself of any services offered on this Site, at your sole and own risk.

360Smartly reserves the right at its sole and absolute discretion to alter, modify, update, suspend or withdraw this Site or any part thereof at any time.

Unless expressly stated to the contrary, all of the contents of the Site are proprietary to 360Smartly and/or its subsidiaries and/or its affiliates. Unauthorised copying of any material contained on this Site or unauthorised usage of any intellectual property contained on this Site, especially with regard to any logos, is expressly prohibited.

July 2018

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