Foster-Melliar Pty Ltd is strongly committed to protecting your privacy and complying with your choices. Both personal and non-personal information collected is safeguarded according to the highest privacy and data protection standards adopted worldwide. We have always had a robust and effective data protection program in place which complies with existing law and abides by generally accepted data protection principles. However, we recognise our obligations in updating and expanding this program to meet the demands of the Protection of Personal Information Act (“POPIA”) and the General Data Protection Regulations (“GDPR”), to the extent that the GDPR may be applicable.

This Privacy Policy describes our policies and procedures on the collection, use and disclosure of Your Personal information when You use the Foster-Melliar Service and tells You about Your privacy rights and how POPIA protects You in relation to the Processing of your Personal Information.

For the purpose of this POPIA Privacy Policy:

• • Company: (referred to as either “the Company”, “We”, “Us”, or “Our” in this Agreement) refers to Foster-Melliar Pty Ltd, Sunninghill Office Park, Peltier Drive, Building 17, Sunninghill, 2157.
  • Cookies: are small files that are places on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
  • Country refers to: South Africa.
  • Device: means any device that can access the Service such as a computer, a cellphone or a digital tablet.
  • Personal Information: is any information that relates to an identified or identifiable data subject, as defined in POPIA.
  • Processing: means any operation or activity or any set of operations, whether or not by automatic means, concerning Personal Information, as defined in POPIA.
  • Service: refers to the services listed on the company’s website or the online portal administered by the Company in respect of its E-Learning Courses.
  • Service Provider: means any natural or legal person who processes the Personal Information on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used. Such Service providers would be regarded as “Operators” for purposes of POPIA.
  • Usage Data: refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
  • Website: refers to Foster-Melliar, accessible from fostermelliar.co.za
  • You: means the individual accessing or using the Service, or the Company, or the legal entity on behalf of which such individual is accessing or using the Service, as applicable.

• • Your Personal Information will not be shared, rented or sold to any unauthorized third party.
  • We use state-of-the-art security measures to protect your Personal Information from unauthorized users.
  • We give you the possibility to access, control and update the Personal Information that you shared with us.

While using Our Service, We may ask You to provide Us with certain Personal Information that can be used to contact or identify You. Personal Information may include, but is not limited to:

• • • Email Address
    • First Name and Last Name
    • Phone Number
    • Usage Data

We may also collect your name, language, company, contact number, area information for a better experience with the service.

When you place your order/booking with us, we collect your email in order to send you confirmation of the booking as well as details of the training/exam/learnership and where the training/exam will take place. We also collect your phone number in order to contact you in case these emails bounce back or we need to find out why you not in the training, learnership or have not arrived for your exam.

We also contact the phone number that is provided if we suspect that the cardholder’s credit card information has been compromised, i.e used in a fraudulent way.

We also use our clients’ email addresses in order to notify of the release of updated versions of the training courses, new services or promotional offers (the “marketing material”).  You agree that the Company may send you the marketing material, but you may opt-out or unsubscribe from receiving the marketing material at any stage.

Usage Data is collected automatically when using the Service.

Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of Our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

We may also collect information that Your browser sends whenever You visit Our Service or when You access the Service by or through a mobile device.

We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyse Our Service. The technologies We may use may include:

•  Cookies or Browser Cookies. A cookie is a small file places on Your Device. You can instruct Your browser to refuse all Cookies or to indicate when a Cookies is being sent. However, if You do not accept Cookies, You may not be able to use some parts of Our Service. Unless you have adjusted Your browser setting so that it will refuse Cookies, Our Service may use Cookies.
• Flash Cookies. Certain features of Our Service may use local stored objects (or Flash Cookies) to collect and store information about Your preferences or Your activity on Our Service, Flash Cookies are not managed by the same browser settings as those used for Browser Cookies.
• Web Beacons. Certain sections of Our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and service integrity).

Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser.

We use both Session and Persistent Cookies for the purposes set out below:

• Necessary / Essential Cookies
  Type: Session Cookies
  Administered by: Us
  Purpose: These Cookies are essential to provide You with Services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
• Cookies Policy / Notice Acceptance Cookies
  Type: Persistent Cookies
  Administered by: Us
  Purpose: These Cookies identify if users have accepted the use if Cookies on the Website.
• Functionality Cookies
  Type: Persistent Cookies
  Administered by: Us
  Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.

The Company may use Personal Information for the following purposes:

• • To provide and maintain our Service, including to monitor the usage of our Service.
  • To manage Your Account: to manage Your registration as a user of the Service. The Personal Information which You provide can give You access to different functionalities of the Service that are available to You as a registered user.
  • For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of an other contract with Us through the Service.
  • To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for the implementation.
  • To provide You with news, special offers and general information about other good, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
  • To manage Your requests: To attend and manage Your requests to Us.
  • For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as a part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by Us about Our Service users is among the assets transferred.
  • For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and Your experience.

We may share Your personal information in the following situations:

• • With Service Providers: We may share Your personal information with Service Providers to monitor and analyse the use of our Service, to contact You.
  • For Business Transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
  • With Affiliates: We may share Your information with Our Affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, join venture partners or other companies that We control or that are under common control with Us.
  • With Business Partners: We may share Your information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
  • With Your consent: We may disclose Your personal information for any other purpose with Your consent.

You have the right to access your Personal Information and, if necessary, have it amended or deleted or restricted. You can also ask us to not send marketing material and not to use your Personal Information when carrying our profiling for direct marketing purposes. You can opt-out of receiving email newsletters and other marketing material by following the opt-out instructions provided to you in those emails. Transactional account messages will be unaffected if you opt-out from marketing communications.

The Company will retain Your Personal Information only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

Your information, including Personal Information, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to – and maintained on – computers located outside of Your province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Information will take place to an organisation or a country unless these are adequate controls in place including security of Your data and other personal information.

If the Company is involved in a merger, acquisition or asset sale, Your Personal Information may be transferred. We will provide notice before Your Personal Information is transferred and becomes subject to a different Privacy Policy.

Under certain circumstances, the Company may be required to disclose Your Personal Information if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

The Company may disclose Your Personal Information in the good faith belief that such action is necessary to:

• Comply with a legal obligation.
• Protect and defend the rights or property of the Company.
• Prevent or investigate possible wrongdoing in connection with the Service.
• Protect the personal safety of Users of the Service or the public
• Protect against legal liability.

Foster-Melliar is strongly committed to protecting your information and ensuring that your choices are honoured. We have taken strong security measures to protect your data from loss, misuse, unauthorized access, disclosure, alteration, or destruction. All sensitive data is stored behind multiple firewalls on secure servers with restricted employee access.

We guarantee that all e-commerce transactions follow the latest security measures and use the best available technologies. Secure Sockets Layer (SSL) technology is employed when you place online orders or transmit sensitive information. SSL is on of the safest methods of passing information over the internet.

Our Service may contain links to other websites that are not operated by Us. If You click on a third-party link, You will be directed to that third party’s site. We strongly advise You to review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.

When you provide your personal information, you consent that it can be used for the above purposes and that Foster-Melliar is an authorized holder of such information. If you choose not to register or provide personal information, you can still use our website, but you will not be able to receive additional services or access certain areas that require registration. When you activate your account, you are providing your consent to occasionally receive information from us. In each communication from us you will have the opportunity to unsubscribe from further communications and opt-out; alternatively, you may contact us to express your choices at the contact details provided at the bottom of this page.

You are entitled to review and update the personal information you have provided us and ensure that it is actuate and current at all times.

We may update Our Privacy Policy from time to time. We will notify You of any changes. Updated Privacy Policy will be sent out on a mailer and uploaded onto our website.
We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective.

We provide users with the opportunity to opt-out from receiving updates on our products, newsletters and other communications from us. You can opt-out by clicking on the link provided in our electronic mailings or by contacting us at the address at the bottom of this page.

If for some reason you believe Foster-Melliar has not adhered to these principles, please notify us and we will do our best to promptly make corrections.

If you have any questions about this Privacy Policy, You can contact us:

• By email: [email protected] 
• By visiting this page on our website: www.fostermelliar.co.za 
• By phone number: 011 807 9525
• By sending mail too address:
        Foster-Melliar Pty Ltd
        Sunninghill Office Park,
        Peltier Drive,
        Building 17,
        Sunninghill,
        2157,
       Gauteng,
       South Africa