to protecting your Personal Information. This policy (“Policy”) explains how we process personal
information and your privacy rights.
policy we may provide on specific occasions when we are collecting or processing Personal
Information about you so that you are fully aware of how and why we are using your information.
Reference to “Consent”, “your Consent” or “your explicit Consent” shall include the ticking of a
tick box or clicking on a “Sign Me Up” button or “Register New Account” or “Login” button or “Send
1. IMPORTANT INFORMATION AND WHO WE ARE
- Responsible Party
- The Math Machine (Pty) Ltd (“we”, “us”, “our”, “Franchisor”) is a Responsible Party
when engaging with you as a potential Customer/ Participant or user of our website and other social
media sites (“Sites”) and during performance of our Services.
- In certain circumstances the Franchisor may act as an Operator on behalf of The
Math Machine franchisee(s) (“Franchisee”), which shall act as Responsible Party.
- We have appointed an Information Officer (IO) who is responsible for overseeing
including any requests, please contact the IO using the details set out below.
- Contact details
- If you have any questions about this Policy or our privacy practices, please
contact us at:
- Information Officer: Edward Stenri
- Email address:
- Other Contact details: as per our website (Contact)
- ii) You have the right to make a complaint at any time to the Information
Regulator's office (IR), the Republic of South Africa’s authority for data protection issues
We would, however, appreciate the chance to deal with your concerns before you approach the IR
so please contact us in the first instance.
- Changes to the Policy and your duty to inform us of changes
- We keep our Policy under regular review. This version was last updated as per the
date in the footer. Archived versions can be obtained by contacting us. Any changes made to our
Policy in future will be posted on our website. The new version will apply the moment it is
published on our website. Please take note of the last update to see any changes to our Privacy
- It is important that the Personal Information we hold about you is accurate and
current. Please keep us informed if your Personal Information changes during your relationship with
- Registered users/participants: You agree that, once the correct username and
password relating to your service account have been entered, irrespective of whether the use of the
username and password is unauthorised or fraudulent, you will be liable for payment of the Services,
save where you have cancelled the Services in accordance with our Terms of Service. You agree to
notify us, via our contact page, immediately upon becoming aware of, or reasonably suspecting any,
unauthorised access to or use of your username or password and to take steps to mitigate any
resultant loss or harm.
- Third-party links: Our Sites may include links to Third-Party websites, plug-ins,
and applications. Clicking on those links or enabling those connections may allow Third parties to
collect or share data about you. If you disclose your Personal Information to a Third party, such as
an entity which operates a website linked to this website or our social media sites, WE WILL
NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE
DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. The reason for that is we do not
regulate or control how that Third-party uses your Personal Information. You should always ensure
read the privacy policies of all the websites that you visit.
2. THE DATA WE COLLECT ABOUT YOU
- Personal Information means the information as per the Definitions. Personal Information does not
include data where the identity of the data subject has been removed (anonymous data).
- The Responsible Party, or Operator on behalf of the Responsible Party, may Process different kinds
of Personal Information about you when we engage with you, which we have grouped together as
- Identity Data includes first name, last name, username or similar
identifier, title, date of birth and gender.
- Contact Data includes billing address, email address and telephone
- Financial Data includes banking details.
- Special Personal Information includes biometric and health
- Children information Personal Information about a Child;
- Transaction Data includes details about payments to and from you
and other details of products and services you have acquired from us or accessed on our website.
- Technical Data includes internet protocol (IP) address, your 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.
- Profile Data includes your username and password, your interests,
preferences, feedback and survey responses.
- Usage Data includes information about how you use our website, and
services. This information shall include the full Uniform Resource Locators (URL) Clickstream to,
through and from our website (including the date and time) and the services you viewed or searched
for, page response times, download errors, length of visits to certain pages, page interaction
information (such as scrolling, clicks, and mouse-overs) and methods used to browse away from the
page and any phone number used to call us.
- Marketing and Communications Data includes your preferences in
receiving marketing from us and our Third parties and your communication preferences.
- The Responsible Party also collect, use and share aggregated data and pattern data such as (but not
limited to) statistical or demographic data for any purpose (Aggregated Date). Aggregated Data could
be derived from your Personal Information but is not considered Personal Information in law as this
data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage
Data to calculate the percentage of users accessing a specific website feature. However, if the
Responsible Party combine or connect Aggregated Data with your Personal Information so that it can
directly or indirectly identify you, we treat the combined data as Personal Information which will
- We do not collect any Special Personal Information about you or your child. When you visit our
offices, you may provide Special Personal Information about yourself and/or your child to the
reception or one of our representatives/Franchisees (COVID19 questionnaire).
- Submission of Personal Information on behalf of another: If you provide
information on behalf of someone else, then it is your responsibility to obtain the necessary
Consent from the person/ User before making the Personal Information available to us. On receipt of
Personal Information, it will be assumed that the necessary Consent has been obtained and we or our
Franchisees will process the Personal Information as per your instructions. By submitting such
Personal Information on behalf of another person/ User, you indemnify us and our Franchisees against
any Third-party claim, where such Third-party claim relates to Personal Information that has been
processed without the necessary Consent or other available exception allowed by
- If you fail to provide Personal Information: Where we or our
Franchisees need to collect Personal Information by law, or under the terms of a contract, and you
fail to provide that data when requested, we or our Franchisees may not be able to perform the
contract we or our Franchisees have or are trying to enter into with you (for example, to provide
you with Services (including Services for no charge)). In this case, we or our Franchisees may have
to cancel a Service you have with us or our Franchisee, but we will notify you if this is the case
at the time.
- Information of Children is not Processed, unless a parent or guardian or a School (that have
obtained the Consent from the parent(s)/ guardian) provides us with the information as part of the
instruction to provide Services to them in terms of the package purchased from us.
3. HOW IS YOUR PERSONAL INFORMATION COLLECTED?
We use different methods to collect data from and about you including through:
- Direct interactions. You may directly provide Personal Information when you:
- register a new account and create a profile on our website;
- engage with us via Zoom, Skype or any other Video conferencing facility;
- access any of our or our Franchisee’s facilities/ offices;
- apply/ sign up for any of our learning packages/ Services (subject to the specific
service terms and conditions);
- complete a COVID19 questionnaire;
- attend any of our events;
- give us or our Franchisees feedback; or
- contact us via our contact form, WhatsApp or other social media sites messaging
platforms we may subscribe to.
- Automated technologies or interactions. As you interact with our website, we will
automatically collect Technical Data about your equipment/devices, browsing actions and patterns. We
collect this Personal Information by using cookies (see section 4) below), server logs and other
similar technologies. We may also receive Technical Data about you if you visit other websites
employing our cookies.
- Third parties or publicly available sources. We will receive Personal Information
about you from various Third parties and public sources as set out below:
- Technical Data from the following parties:
- analytics providers such as Google ("How Google uses information from sites or
apps that use our services", (located at https://policies.google.com/technologies/partner-sites);
- advertising networks; and
- search information providers.
- Contact, Financial and Transaction Data from providers of technical and payment
- Identity and Contact Data from publicly available sources such as CIPC.
information sent by an organisation to your computer and stored on your hard drive to allow that
website to recognize you when you visit. Cookies do not harm your computer or any files on your
computer. Depending on the type of cookie we use, cookies also allow us to make our websites more
- The Math Machine may use Third-party vendors, including but not limited to Google and MSN/ Bing to
ads based on a user’s prior visits to our sites or other websites. Users may opt-out of Google’s use
of cookies by visiting the Google Advertising Settings Page or the Network Advertising Initiative's
- You should be able to adjust your browser so that your computer does not accept cookies. If you do
this, you will still be able to browse the website but the functions that allow you to access an
existing account or page that requires a username or password will not be available.
- You can, alternatively, adjust your browser to notify you when a website attempts to put a cookie on
your computer. How you adjust your browser to stop it accepting, or to notify you of, cookies will
depend on the type of internet browser programme your computer uses.
- Please remember, cookies do not contain Identity, Contacts, Financial Information. We do not
exchange cookies with any Third-party websites or external data suppliers.
5. HOW WE USE YOUR PERSONAL INFORMATION
- Your Personal Information will not be sold. Your Personal Information will only be used within the
framework of the law. Most commonly, your Personal Information will be used in the following
- where you have given your Consent; or
- where it is needed to perform the contract that we or our Franchisees are about to
enter into or have entered into with you; or
- where it is necessary for the protection of the Data Subject’s legitimate interest;
- where it is necessary for our or our Franchisees legitimate interests (or those of
a Third party) and your interests and fundamental rights do not override those interests; or
- where we need to comply with a legal obligation.
- Generally, Consent is not relied on only as a legal basis for processing your Personal Information
although, where applicable, your Consent will be requested before sending Third-party direct
marketing communications to you via email or text message. You have the right to withdraw Consent to
marketing at any time by contacting us or our Franchisees.
- Purposes for which your Personal Information will be used
- A description of all the ways your Personal Information is planned to be used is
set out below in a table format as well as the legal bases relied on to do so. The legitimate
interests have also been identified where appropriate.
- Note that we or our Franchisee may process your Personal Information for more than
one lawful ground depending on the specific purpose for which your data is being used. Please
contact us or our Franchisee if you need details about the specific legal ground that is being
relied on to process your Personal Information where more than one ground has been set out in the
- Marketing: We strive to provide you with choices regarding certain Personal
Information uses, particularly around marketing and advertising.
- Promotional offers from us
- As a Customer:
- When you acquired any of the Math Machine Services or make use of our website
(browse wrap agreement) you will be dealt with as a Customer under the POPIA;
- Your Identity and Contact information will be utilized to submit to you
information/ material of our other services that are related and that may be of interest to you.
- Important: you may at any time select to opt out from any direct marketing. You
can make use of the opting out options under par. 5iii) below;
- Not a Customer of The Math Machine yet:
- Your email address may be collected through one of our or Franchisee’s employees
or the mailing system the math Machine uses; however
- Before use of same for any direct marketing purposes, you will be asked for
Consent (opt-in) prior to sending you direct marketing material.
- Third-party marketing
- Your express opt-in Consent will be obtained before your Personal Information will
be shared with any Third-party for marketing purposes.
- TAKE NOTE: Third-party marketing parties/ advertisers may be
provided with anonymous aggregate information about our users (for example, we may inform them that
500 men aged under 30 have clicked on a specific product or advertisement on any given day) without
prior Consent. Such aggregate information may be utilized to help advertisers reach the kind of
audience they want to target (for example, women in Gauteng). IMPORTANT: We do not disclose
information about identifiable individuals to our advertisers.
- Opting out
- Where it becomes applicable, you can ask us or Third parties to stop sending you
marketing messages at any time by using the unsubscribe function (if available) on our direct
marketing communications or by contacting us on; Contact (click on link)
and requesting to op-out of our marketing services.
- Where you opt out of receiving these marketing communications, this will not apply
to Personal Information provided to us as a result of any service/ package purchases, warranty
registration, package/ service experience or other transactions.
- Change of purpose
- We will only use your Personal Information for the purposes for which we collected
it, unless we reasonably consider that we need to use it for another reason and that reason is
compatible with the original purpose. If you wish to get an explanation as to how the processing for
the new purpose is compatible with the original purpose, please contact us.
- If we need to use your Personal Information for an unrelated purpose, we will
notify you and we will explain the legal basis which allows us to do so.
- Please note that we may process your Personal Information without your knowledge
or Consent, in compliance with the above rules, where this is required or permitted by law.
6. DISCLOSURES OF YOUR PERSONAL INFORMATION
- Your Personal Information may be shared with the parties set out below for the purposes set out in
the table above.
- Internal Third parties as set out in the Definitions. Your
Personal Information may be shared to our group (if any) or Franchisees. All group companies and/or
Franchisees are required to follow this policy when processing your Personal Information.
- External Third parties as set out in the Definitions and to those
external parties as per your instructions.
- Private information may be shared with affiliates of The Math Machine, to
collaborating companies or other trusted businesses or persons for the purpose of processing
Personal Information on behalf of the Responsible Party
- Third parties to whom we or our Franchisees 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
- We require all Third parties to respect the security of the Personal Information
that may receive the information and to treat it in accordance with the law. We require that these
parties agree to process such information based on our instructions and in compliance with this
- We do not allow our Third-party service providers to use your Personal Information
for their own purposes and only permit them to process your Personal Information for specified
purposes and in accordance with our instructions.
7. DATA SECURITY
- Appropriate technological and organisational measures have been put in place to prevent your
Personal Information from being accidentally lost, used or accessed in an unauthorised way, altered
or disclosed. In addition, access to your Personal Information are limited to those employees,
agents, Franchisees, contractors and other Third parties who have a business need to know. They will
only process your Personal Information on our instructions and they are subject to a duty of
- Where required by law we will notify you and any applicable regulator of a breach where we are
legally required to do so.
8. DATA RETENTION
How long will you use my Personal Information for?
- Your Personal Information will be retained for as long as reasonably necessary to fulfil the
purposes it was collected for, including for the purposes of satisfying any legal, regulatory, tax,
accounting or reporting requirements. Your Personal Information may be retained for a longer period
in the event of a complaint or if we or our Franchisees reasonably believe there is a prospect of
litigation in respect to our relationship with you.
- To determine the appropriate retention period for Personal Information, the amount, nature and
sensitivity of the Personal Information, the potential risk of harm from unauthorised use or
disclosure of your Personal Information, the purposes for which we process your Personal Information
and whether it can achieve those purposes through other means, and the applicable legal, regulatory,
tax, accounting or other requirements will be considered.
- By law we or our Franchisees have to keep basic information about Customers (including Contact,
Identity, Financial and Transaction Data) for five years after they cease being Customers for tax
- In some circumstances you can ask us or our Franchisees to delete your data: see your legal rights
below for further information.
- In some circumstances your Personal Information will be anonymized (so that it can no longer be
associated with you) for research or statistical purposes, in which case it may be used indefinitely
without further notice to you.
We or our Franchisees will keep detailed, accurate and up-to-date written records regarding any
Processing of Personal Information we or our Franchisee carry out, including but not limited to, the
access, control and security of the Personal Information and approved subcontractors, the processing
purposes, categories of processing, and related safeguards, the instructions as received from Customers
and a general description of the technical and organisational security measures and retention and
destruction of Personal Information.
10. SOCIAL MEDIA
- The Math Machine website(s) may, in certain circumstances, provide you with social plug-ins from
various social media networks. If you choose to interact with a social network such as Facebook or
Instagram (for example by registering an account), your activity on The Math Machine websites will
also be made available to that social network. This is necessary for the performance of your
contract with us or our Franchisee which allows you to interact with a social network. If you are
logged in on one of these social networks during your visit to one of The Math Machine websites or
are interacting with one of the social plug-ins, the social network might add this information to
your respective profile on this network based on your privacy settings. If you would like to prevent
this type of information transfer, please log out of your social network account before you enter
one of The Math Machine websites, or change the necessary privacy settings, where possible.
- Communication, engagement and actions taken through external social media networks that we or our
Franchisees participate in are custom to the terms and conditions as well as the privacy policies
held with each social media platform respectively.
- You are advised to use social media networks wisely and communicate/engage with them with due care
and caution in regard to their own privacy policies (if any). PLEASE NOTE: NEITHER WE OR OUR
FRANCHISEES WILL ASK FOR PERSONAL OR SENSITIVE INFORMATION THROUGH SOCIAL MEDIA NETWORKS AND
ENCOURAGE USERS, WISHING TO DISCUSS SENSITIVE DETAILS OR TO RESOLVE ISSUES/ CONCERNS, TO CONTACT
US OR OUR FRANCHISEES THROUGH PRIMARY COMMUNICATION CHANNELS SUCH AS BY TELEPHONE OR
- The Math Machine social media network page(s) may share web links to relevant web pages. By default,
some social media platforms shorten lengthy URL's. You are advised to exercise caution and due care
before clicking on any shortened URL's published on social media platforms by this website. Despite
our and our Franchisees’ best efforts to ensure that only genuine URL's are published many social
media platforms are prone to spam and hacking and therefore The Math Machine website and its owners
cannot be held liable for any damages or implications caused by visiting any shortened links.
11. YOUR LEGAL RIGHTS
- Under certain circumstances, you have the following rights under data protection laws in relation to
your Personal Information:
- Request access to Personal Information (commonly known as a "data
subject access request"). There may be a fee associated with this request – see below. This enables
you to receive a copy of the Personal Information held about you and that you are entitled to obtain
and to verify whether it is being lawfully processed. See The Math Machine Promotion of Access to
Information Manual (“PAI Manual”).
- Request correction of Personal Information. This enables you to
have any incomplete or inaccurate data held about you corrected, though it may be needed to verify
the accuracy of the new data you provide.
- Request erasure of your Personal Information. This enables you to
ask for your Personal Information to be deleted or removed where there is no good reason for it to
be continued to be processed. You also have the right to ask for your Personal Information to be
deleted or removed where you have successfully exercised your right to object to processing (see
below), where it may have been processed unlawfully or where it is required to erase your Personal
Information to comply with local law. Note, however, that we or our Franchisees may not always be
able to comply with your request of erasure for specific legal reasons which will be notified to
you, if applicable, at the time of your request.
- Object to processing of your Personal Information where there is
reliance on a legitimate interest (or those of a Third party) and there is something about your
particular situation which makes you want to object to processing on this ground as you feel it
impacts on your fundamental rights and freedoms. You also have the right to object where your
Personal Information is being processed for direct marketing purposes. In some cases, we or our
Franchisees may demonstrate that we or our Franchisees have compelling legitimate grounds to process
your information which override your rights and freedoms.
- Request restriction of processing of your Personal Information.
This enables you to request that the processing of your Personal Information is suspended in the
- If you want to establish the data's accuracy.
- Where the use of the data is unlawful but you do not want the data to be erased.
- Where you need the data to be held even if it is no longer required as you need it
to establish, exercise or defend legal claims.
- You have objected to the use of your data but it is needed to verify whether there
are overriding legitimate grounds to use it.
- vi) Request the transfer of your Personal Information to you or to
a Third party. We or our Franchisee will provide to you, or a Third party you have chosen, your
Personal Information in a structured, commonly used, machine-readable format. Note that this right
only applies to automated information which you initially provided Consent for it to be used or
where we used the information to perform a contract with you.
- Withdraw Consent at any time where we or our Franchisees are
relying on Consent to process your Personal Information. However, this will not affect the
lawfulness of any processing carried out before you withdraw your Consent. If you withdraw your
Consent, we or our Franchisee may not be able to provide certain products or services to you. We or
our Franchisee will advise you if this is the case at the time you withdraw your Consent.
- If you wish to exercise any of the rights set out above, please contact our Information Officer at
the details mentioned 1)b) above.
- Fee required: Apart from the prescribed fees under the PAI Act, you will not have to pay a fee to
access your Personal Information (or to exercise any of the other rights). However, a reasonable fee
may be charged if your request is clearly unfounded, repetitive or excessive. Alternatively, your
request could be refused in these circumstances.
- What we or our Franchisee may need from you: We or our Franchisee may need to request specific
information from you to help us and our Franchisee confirm your identity and ensure your right to
access your Personal Information (or to exercise any of your other rights). This is a security
measure to ensure that Personal Information is not disclosed to any person who has no right to
receive it. We or our Franchisee may also contact you to ask you for further information in relation
to your request to speed up our response.
- Time limit to respond: We or our Franchisee try to respond to all legitimate requests within 30
(thirty) days. Occasionally it could take us longer than 30 (thirty) days if your request is
particularly complex or you have made a number of requests. In this case, we or our Franchisee will
notify you and keep you updated.
- A Third party (subcontractor) may be authorised to process the Personal Information on our or our
Franchisee’s behalf. Where a sub-contractor is used, we or our Franchisee will:
- enter into a written contract with the subcontractor that contains terms
requiring appropriate technical and organisational data security measures; and
- maintain control over all Personal Information it entrusts to the subcontractor.
- Subcontractors are carefully selected according to their suitability and reliability.
commission Third parties with additional services, that are not an essential part of this Privacy
- Where the subcontractor fails to fulfil its obligations under such written agreement, we or our
Franchisees remain fully liable to you for the subcontractor's performance of its agreement
- The Parties consider The Math Machine to control any Personal Information controlled by or in the
possession of its subcontractors.
- We or our Franchisees undertake to ensure that all subcontractors who process Personal Information
of Data Subjects shall not amend, modify, merge or combine such Personal Information and Process
same as per our or our Franchisees instructions.
- Competent Person means any person who is legally competent to consent to any action
or decision being taken in respect of any matter concerning a child;
- Consent: means any voluntary, specific and informed expression of will in terms of
which permission is given for the processing of Personal Information;
- Customer means a data subject who is a Customer of The Math Machine/ The Math
- if The Math Machine/or The Math Machine Franchisee has obtained the contact details
of the Data Subject in the context of the provision of Services;
- for the purpose of direct marketing of The Math Machine’s (including The Math
Machine Franchisee’s) own Services; and
- if the Data Subject has been given a reasonable opportunity to object free of
charge and in a manner free from unnecessary formality, to such use of his, her or its electronic
- at the time when the information was collected; and
- on the occasion of each communication with the data subject for the purpose of
marketing if the data subject has not initially refused such use.
- Data Subject means the person to whom Personal Information relates and, in this
document, refers to you, as the party providing Personal Information that will be processed by The
Math Machine, The Math Machine Franchisee or a relevant Third party.
- Legitimate Interest means the interest of The Math Machine’s business in conducting
and managing its business to enable us or our Franchisees to give you the best service and the best
and most secure experience. We or our Franchisee make sure to consider and balance any potential
impact on you (both positive and negative) and your rights before it is processing Personal
Information for our or our Franchisee’s legitimate interests. Your Personal Information will not be
used for activities where our or our Franchisees interests are overridden by the impact on you
(unless your Consent is given or are otherwise required or permitted to by law). You can obtain
further information about how our or our Franchisees legitimate interests are assessed against any
potential impact on you in respect of specific activities by contacting us or our Franchisees.
- Performance of Contract means processing your data where it is necessary for the
performance of a contract to which you are a party or to take steps at your request before entering
into such a contract.
PAI Act means the Promotion of Access to Information Act, Act 2 of 2000.
- Personal Information means information as defined under the POPIA.
- POPIA means the Protection of Personal Information Act, Act 4 of 2013.
- Special Personal Information means information as defined under section 26 of the
POPIA (this includes details about your race or ethnicity, religious or philosophical beliefs, sex
life, sexual orientation, political opinions, trade union membership, information about your health,
and biometric information or criminal convictions and offences).
- THIRD PARTIES
- Internal Third parties: Other divisions within The Math Machine
(if any) and/or The Math Machine Franchisee(s), acting as joint responsible parties or operators and
who are based in South Africa and who may also provide IT and system administration services and
undertake leadership reporting.
- External Third parties:
- Service providers acting as operators who provide IT and system administration
- Professional advisers acting as operators or joint Responsible Parties, including
lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and
- The South African Revenue Services, regulators and other authorities acting as
operators or joint Responsible Parties based in the Republic of South Africa who require reporting
of processing activities in certain circumstances.
- Court of law or any other authority where we have an obligation under law to share
your Personal Information;
- In the event that we sell or buy any business or assets, in which case we may
disclose your Personal Information to the prospective seller or buyer of such business or assets.