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Privacy Policy
PRIVACY POLICY
1. INTRODUCTION
At Mindmuzik Media, we respect your privacy and take the protection of personal data/information very seriously. We do not sell, rent, trade, or unnecessarily share with any other organization, the personally identifiable information (“personal information”) you supply to us.
As part of our business operation, we gather certain types of personal information from users of our commercial website, online assessment portals, surveys, administratively and for various Mindmuzik Media activities, operations, and business purposes. The purpose of this policy is to describe the way that we collect, store, use, and protect data that can be associated with you or another specific natural or juristic person and can be used to identify you or that person (personal data / information).
This Privacy Policy was prepared in compliance with current data protection legislation, including the Protection of Personal Information Act No. 4 of 2013 (POPIA), the General Data Protection Regulation (GDPR, EU 2016/679) as it relates to South African legislation, and the rules, regulations, and ethical principles of the Health Professions Council of South Africa (HPCSA).
2. AUDIENCE
This policy applies to you if you are:
- a visitor to our website,
- a prospect who contacts us by phone or email,
- a customer who has ordered the goods and services that we provide, and/or
- a user registering on our online assessment platform
3. ACCEPTANCE
This Privacy Policy is a part of Mindmuzik Media’s Terms of Use and Terms of Business, which is binding on all website users, prospective and current customers including users of our online assessment platform. These Terms, along with any contracts and documents signed by you, govern your visit to our Internet properties, including websites, our Online Assessment Platform, other online assessments, web applications, social media pages, and other online or wireless offerings (hereafter collectively referred to as “Online Properties”), as well as your use of our products and services.
3.1. Acceptance Required
You accept all the terms of this policy when you contact us through:
- phone,
- email,
- our website,
- all other communication channels; or by
- placing an order or using any of our goods or services,
- register on any of our Online Properties.
You may not order or use any of our goods, services, or Online Properties if you do not accept this policy.
3.2. Legal Capacity
You may not order our goods or services or use any of our other offerings if you are younger than 18 years old or do not have legal capacity to conclude legally binding contracts.
3.3. Deemed Acceptance
By accepting this policy, you are deemed to have read, understood, accepted, and agreed to be bound by all of its terms.
3.4. Data Send
You may only send us your own personal data / information or the personal data / information of another data subject where you have their permission to do so.
4. PERSONAL DATA AND INFORMATION
Mindmuzik Media mainly provides psychological and psychometric assessments, therapy tools and related intervention resources, a test scanning and scoring facility, workshops and training events, and other related services and facilities, thereby serving Practitioners, Educators and Researchers who use these tests (“test users”) and services.
Mindmuzik Media collects certain personal data from customers, website users, test users and their test-taking customers, whether those individuals are residents of South Africa or any other country, or when Mindmuzik is provided with testees’ personal information by test users. Mindmuzik may also collect personal information from visitors to our Online Properties.
4.1. Personal data / Information includes:
- certain information provided on registration as a client with us (see below),
- certain information collected on registration on our online platform,
- certain information that we collect automatically when you visit our website, and
- optional information that you provide to us voluntarily.
4.2. Personal data / Information excludes:
- information that has been made anonymous so that it does not identify a specific person,
- permanently de-identified information that does not relate or cannot be traced back to you specifically,
- non-personal statistical information collected and compiled by us, and
- information that you have provided voluntarily in an open, public environment or forum including any blog, chat room, community, classifieds, or discussion board (because the information has been disclosed in a public forum, it is no longer confidential and does not constitute personal data / information subject to protection under this policy).
4.3. Sensitive personal data / Information
Mindmuzik Media may also collect sensitive personal information like your bank details where it is necessary for example to process refunds of cancelled paid orders or credits.
5. PERSONAL DATA / INFORMATION COLLECTED
5.1. Purpose for collection
Mindmuzik Media collect the information for various purposes, including:
- to create your account,
- to verify educational qualification, professional registration, and other statutory data,
- to process quotes and purchases,
- to register you for training, workshops, and other events,
- to fulfil consultation contracts,
- to fulfil assessment services which include both online assessments and the manual scanning and scoring of a test taken, this is done at the request of a test user and test results are conveyed to the test users,
- for registration on our Online Properties,
- for research purposes whereby aggregating anonymous (de-identified) testing statistics are pooled from many testees to update and develop products. No personal data will be disclosed since no person is identifiable from such data,
- for business purposes such as internal audits, accounting, business planning or other proposed and actual transactions,
- for legal purposes such as handling claims, complying with regulations, or pursuing good governance,
- to inform about products and services,
- to improve the products and services we offer, and
- otherwise, to better meet the needs and preferences of Mindmuzik customers.
5.2. Information provided by Client
We receive your Personal data / Information through interactions with us which may include:
- completing our Client Information Form
- completing our Training / Event Registration Form,
- submit educational, qualification and practitioner registration documents needed for verification purposes,
- registering on, and using our Online Properties,
- requests for support,
- on ordering goods and services or,
- contacting us via email, fax, phone, or mail.
Once your register with us and our Online Properties, you will no longer be anonymous to us.
5.2.1. On registration (either by completing our forms or on our Online Properties)
The personal data / information may include:
- your name and surname,
- your email address,
- your telephone numbers,
- your company name, company registration number, and VAT number,
- your postal address and street address,
- HPCSA, SACE or Other registration details which include registration number, certifying agency, category of registration,
- Your qualification and tertiary information,
- Where applicable, the Supervisor’s contact and certification information and
- your username and password where applicable
The Online Assessment Platform may additionally collect information specifically related to the assessment administered. This may include but is not limited to date of birth, age, gender, race/ethnicity, education, educational institution, and occupation. This is submitted by the test user / testee and is only processed for the purpose for which it is submitted to us. Should you wish not to provide the information required for the specific assessment, your decision may limit the use of the assessment and in some cases, you will not be able to use the assessment.
5.2.2. When you contact us
When you contact us, you may be asked to provide certain personal data / information on a voluntary basis. This may include:
- your name and surname,
- your email address,
- your telephone numbers,
5.2.3. On order, requests for quotes
When you order any goods or services from us, you will be asked to provide us with additional information on a voluntary basis (goods information or services information). Should you decide not to provide certain information, it may limit the use of the products and services available to you.
5.2.4. From browser
We automatically receive and record internet usage information on our hosted server logs from your browser, such as your Internet Protocol address (IP address), browsing habits, click patterns, version of software installed, system type, screen resolutions, colour capabilities, plug-ins, language settings, cookie preferences, search engine keywords, JavaScript enablement, the content and pages that you access on the website, and the dates and times that you visit the website, paths taken, and time spent on sites and pages within the website (usage information).
Please note that other websites visited before entering our website might place personal data / information within your URL during a visit to it, and we have no control over such websites. Accordingly, a subsequent website that collects URL information may log some personal data / information.
5.2.5. Cookies
We may place small text files called ‘cookies’ on your device when you visit our website. These files do not contain personal data / information, but they do contain a personal identifier allowing us to associate your personal data / information with a certain device. These files serve a number of useful purposes for you, including:
- tailoring our website’s functionality to you personally by letting us remember your preferences,
- improving how our website performs,
- allowing third parties to provide services to our website, and
- helping us deliver targeted advertising where appropriate in compliance with the applicable laws.
Your internet browser generally accepts cookies automatically, but you can often change this setting to stop accepting them. You can also delete cookies manually. However, no longer accepting cookies or deleting them will prevent you from accessing certain aspects of our website where cookies are necessary. Many websites use cookies, and you can find out more about them at www.allaboutcookies.org.
5.2.6. Third-party cookies
Some of our business partners use their own cookies or widgets on our website. We have no access to or control over them. Information collected by any of those cookies or widgets is governed by the privacy policy of the company that created it, and not by us.
5.2.7. Web beacons
Our website may contain electronic image requests (called a single-pixel gif or web beacon request) that allow us to count page views and to access cookies. Any electronic image viewed as part of a web page (including an ad banner) can act as a web beacon. Our web beacons do not collect, gather, monitor, or share any of your personal data / information. We merely use them to compile anonymous information about our website.
5.2.8. Optional details
You may also provide additional information to us on a voluntary basis (optional information). This includes content or products that you decide to upload or download from our website or when you enter competitions, take advantage or promotions, respond to surveys, order certain additional goods or services, or otherwise use the optional features and functionality of our website.
5.2.9. Consent to collection
We will obtain your consent to collect personal data | information:
- in accordance with applicable law,
- when you provide us with any registration information or optional information.
6. DISCLOSURES
Mindmuzik Media recognizes the importance of protecting the privacy of our clients and visitors to our Online Properties. We value and want to maintain the trust relationship we have with our clients. We will not share or sell your personal data / information with any third parties who are unaffiliated with Mindmuzik Media or its services.
6.1. Information shared
We may share this information with:
- our operational service providers under contract, the specialists who provide internal support to Mindmuzik operations, including fraud prevention, technology services, maintenance, management, storage, disposal of personal information, and/or fulfilment of services and your online transactions and use. If any operational service providers are provided access to your personal information, they are required to protect it in a manner that is consistent with this Privacy Policy (e.g., only using the information to carry out the services they are performing for us),
- credit bureaus to report account information, as permitted by law,
- our employees that require the personal data / information to do their jobs. These include our responsible management, human resources, accounting, audit, compliance, information technology, or other personnel. Any of our employees or personnel that handle your personal data / information will have signed non-disclosure and confidentiality agreements and attended privacy and data protection training.
- Business partners – we may disclose aggregate statistics (information about the customer population in general terms) for marketing purposes
- Regulators as required by law or governmental audit,
- Law enforcement if required:
- by a subpoena or court order,
- to comply with any law,
- to protect the safety of any individual or the general public,
- to protect Mindmuzik Media or third-party property rights, and
- to prevent violation of our terms of service.
6.2. Change of ownership
If we undergo a change in ownership, or a merger with, acquisition by, or sale of assets to another entity, we may assign our rights to the personal data / information we process to a successor, purchaser, or separate entity. We will disclose the transfer on the website or per email. If you are concerned about your personal data / information migrating to a new owner, you may request us to delete your personal data / information.
6.3. Unauthorised disclosure
We cannot accept any liability whatsoever for unauthorised or unlawful disclosure of your personal data/information by third parties who are not subject to our control.
7. SECURITY
We take the security of personal data/information very seriously and always do our best to comply with applicable data protection laws. Once we receive your data, we use reasonable efforts to ensure the information you provide is secure and not readily available to unauthorised individuals or third parties. This may include storing your data in a secure server environment that uses a firewall and other advanced security measures to prevent interference or access from outside intruders and is only accessible to authorised and limited parties on a need-to-know basis.
In securing personal data/information, Mindmuzik Media utilises generally accepted technical and organisational measures to protect personal data against loss, misuse, or alteration throughout the collection, transmission, processing, and storage, including the physical security of our facilities. All Mindmuzik websites are protected by Transport Layer Security (TLS 1.2) encryption protocol and are secured. We utilise security measures consistent with current best practices to protect its websites, email, and mailing lists. Please be aware that no data transmission over the Internet, or by other means, can be guaranteed to be 100% secure, therefore, you understand, acknowledge, and agree that you transmit certain personal information at your own risk.
When you register for access to our Online Properties, you will be provided with a username and password, giving you access to your online profile and personal information which may be reviewed and updated by you. You are responsible to keep your username and password safe and secure to protect against unauthorized access to your Online profile and personal information.
For online purchases, we use a PCI DSS Level 1 certified third-party payment service provider to collect your credit card number and related information (e.g., expiration date, card verification code). The third-party payment service provider conducts the financial transaction in a secured manner by collecting your payment information through a secured Internet connection via SSL/TLS. The third-party provider will be solely responsible for all financial transactions and the collection, use, and storage of your credit card (or debit card) information. All data that is required to be retained by the third-party payment service provider for compliance, legal, archiving, client support, or ongoing processing is retained for only as long as is absolutely required and in line with PCI-DSS compliance, whereafter it is erased and disposed of. Mindmuzik Media do not store your credit card (debit card) information on our servers.
Occasionally, at our discretion, we may include or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. We, therefore, have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
Mindmuzik Media reserves the right to monitor your use of the Online Properties to determine if you are complying with our terms and the right, in its sole discretion, to terminate your access to the Online Properties.
8. RETENTION
We will only retain your personal data for as long as it is necessary to fulfil the purposes explicitly set out in this policy unless:
- retention of the record is required or authorised by law. Please take note that The Health Professions Act No. 56 of 1974 prescribe that psychological data be kept for a minimum of five to seven years or
- you have consented to the retention of the record.
During the period of retention, we will continue to abide by our non-disclosure obligations and will not share or sell your personal data. Archived data will be securely stored.
We may retain your personal data in physical or electronic records.
9. TRANSFER OF DATA
Mindmuzik Media may use a third-party Cloud Solution Provider (CSP) to communicate with clients, service providers, and suppliers as well collect, transmit and store data with the CSP. As the internet is a global environment, personal data may be stored on servers located outside the country in which it was collected. By using our sites and sending information to Mindmuzik Media electronically, you consent to international transmission of any personal information collected or processed through our sites and Online Properties.
Some assessment services require the transfer of personal data/information to third parties outside of South Africa for processing. Data may be stored in the United States, Europe, Australia, and New Zealand. Our service providers currently adhere to the requirements of the EU General Data Protection Regulation (“GDPR”), which became effective on May 25, 2018. Mindmuzik will take all reasonable steps to ensure that your data is transported securely and in accordance with this privacy policy and the requirements of the law and to service providers who comply with POPIA (nationally) and GDPR legislation (internationally).
Mindmuzik Media share with, and transfer test scores, data and reports to the test users who was legally appointed to provide the service and who are professionally registered and duly qualified. The test takers must and are legally required to, interpret the data, and provide feedback to their clients in a confidential, ethical, and legally compliant manner.
10. EXERCISING YOUR RIGHTS
You have the right to transfer, delete, remove, correct, or update the personal data you have submitted to us.
You may correct or update the personal data you have submitted to us by contacting us via email or via the available Online Properties.
You are entitled to a right to be forgotten. We will delete any personal data that you do not want us to have. If you are a data subject of our client (who is the Data Controller / Responsible Party), then you must submit your request to the relevant Data Controller / Responsible Party who will then delete your personal data/information. In most situations, previous test results are exempt from this right because they may be necessary to establish, exercise, or defend legal claims, or they are required by test users to exercise various business obligations/rights they have related to your purchasing assessments/assessment services or other similar business purposes.
You also have the right to have your personal information transferred to others; however, it is usually not technically feasible for Mindmuzik to honour such a request because we are not able to exchange that information with another entity with which we have no direct interface or where Mindmuzik Media has no existing business reason to exchange data (e.g., another testing organization that requires the test users or test-takers to register directly with it).
You have the right not to provide information to Mindmuzik Media, please note this could impact our ability to provide products and services and in most cases, you will not be able to purchase or use any of our goods, services, or Online Properties.
All requests can be sent to the Information Officer at
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. We will respond to your request without undue delay, within a maximum of 30 calendar days.
11. RESTRICTION OF PROCESSING
You may request that we restrict the use of your personal data. When we restrict your personal data, we still have the right to store it but not use it.
12. CHILDREN’S PRIVACY
Children should not provide any personal information without permission from their parents or legal guardian. We assess children as part of our research and outreach projects. We do not condition children’s participation in an online or other activity on the disclosure of more information than is reasonably necessary to participate in the activity. We do not share children’s information with outside third parties not bound by this Privacy Policy. Confidentiality of their information is managed according to all legal specifications and in line with POPIA as well as best practice guidelines and ethics of the HPCSA.
13. DATA BREACHES
We will notify our customers of any confirmed data breaches that have occurred. It is our customers’ responsibility to notify the relevant supervisory authority and any affected data subjects of the data breach.
14. OPT-OUT
Mindmuzik Media only sends advertising and promotional emails to those who have consented to receive such communications. You can “opt-out” of receiving advertising and promotional email from us by following the opt-out instructions in our email messages.
15. POLICY CHANGES
Mindmuzik Media reserves the right to make changes to this policy without prior notice. We will notify you of any changes by placing a notice in a prominent place on the website or by sending you an email. We do, however, encourage you to visit our website to review this Privacy Policy often.
If you continue to use the website or our goods or services following notification of a change to the terms, the changed terms will apply to you, and you will be deemed to have accepted those updated terms.
16. CONCLUSION
Mindmuzik Media vows to protect the information as prescribed by the POPI Act. As far as the Company understands, all personal information is private and attended to according to the POPI Act.
The Company will at all times measure the risk of breach of the POPI Act and actively manage same on a daily basis.
This Privacy Policy is provided by Mindmuzik Media (Pty) Ltd (registration number 2000/023975/07; registered office 140 Gordon Road, Colbyn, Pretoria, South Africa, 0083) on its own behalf.
References in this Privacy Policy to “Mindmuzik”, “we”, “us”, “our” or similar refer to Mindmuzik Media (Pty) Ltd
17. CONTACT INFORMATION
If you have questions or comments about our Privacy Policy or our practices, you may contact our Information Officer by email at
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.
Mindmuzik Media Privacy Policy version 01 July 2021
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