1. Governing Law

The law which is to apply to these Terms and Conditions, and according to which these Terms and Conditions are to be interpreted, shall be governed by the laws of the Republic of South Africa.

  1. Interpretation and Definitions

2.1        Interpretation: The words of which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

2.2        Definitions

For the purposes of this Privacy Policy:

  • Account means a unique account created for a Data Subject to access Red & Yellow Services or parts of Services.
  • Data Subject means an identifiable, living natural person or juristic person (Company, Closed Corporation, Trust etc.) accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
  • Red & Yellow referred to as either “Red & Yellow”, “We”, “Us” or “Our” in this Policy
  • Cookies are small files that are placed on a Data Subject’s computer, mobile device or any other device by a website, containing the details of browsing history on that website among its many uses.
  • Country refers to: Republic of South Africa
  • Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.
  • Personally Identifiable Information (PII) is any personal information which relates to an identified Data Subject.
  • Service refers to Red & Yellow Websites, Student Portals and/or other Red & Yellow systems.
  • Service Provider refers to third-party companies or individuals employed by Red & Yellow to facilitate the Service, to provide the Service on behalf of Red & Yellow, to perform services related to the Service or to assist Red & Yellow in analysing how the service is used.
  • 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 Red & Yellow, accessible from https://www.redandyellow.co.za/
  • Information can also be referred to as data as it is captured by Red & Yellow and stored within its tools and systems (for example, information is captured as data in a Red & Yellow system or database).
  1. Red & Yellow Privacy Policy Purpose

Red & Yellow is committed to protecting your privacy. (The scope of privacy includes all customers and students, prospective customers and students, Red & Yellow employees and contractors, business partners, sponsors, bursars, holding companies, subsidiaries, third party suppliers and other types of vendors) This privacy policy applies to all Red & Yellow websites, student portals, and other systems and tools utilised by Red & Yellow for the provision of its services.  All the information gathered in the application forms on the website, student portals and other systems and tools are used to personally identify users, customers, business partners, contractors (Hereinafter, referred to as “Data Subject”) who subscribe to this service. Notwithstanding the contrary, the information will not be used for anything other than which is stated in the Terms and Conditions of use for this service. None of the information will be sold or made available to any person for any other reason.

Red & Yellow will only require or request Personally Identifiable Information from a data subject through the following official channels:

  • Red & Yellow Student Portal (Moodle)
  • Red & Yellow Student Services Contact Centre
    • Through:
      • Live Chat
      • Phone Calls
      • Emails
      • Meetings
      • Registration Forms
    • By:
      • Career Advisors
      • Consultants
      • Programme Managers
      • Coordinators
    • Red & Yellow Application Portal
    • Graduway
    • Official Red & Yellow Surveys

Red & Yellow is committed to strict Legislative compliance in accordance with the Protection of Personal Information Act 4 of 2013 (Hereinafter referred to as POPIA). By using the Red & Yellow website, student portals, and other systems and tools utilised by Red & Yellow for the provision of its services, it is hereby agreed that the personal information supplied to Red & Yellow may be used for any lawful purpose related to a Data Subject or any other relationship or engagement with Red & Yellow. Personal information includes, but is not limited to, a Data Subjects name, IP address, Identification number etc.

Red & Yellow will process a Data Subject’s personal information in order to communicate offers that we think may be of best interest to the Data Subject unless the Data Subject requests not to receive any marketing materials which promotes Red & Yellow’s goods and/or services.

By using the Red & Yellow website, student portals, and other systems and tools utilized by Red & Yellow the Data Subject is expressly providing consent to Red & Yellow to collect and process personal details for the purposes aforementioned.

Red & Yellow is authorised to collect a Data Subject’s personal information, for a lawful purpose, by POPI, as well as for the purposes that are listed in this Privacy Policy. In order to access/collect/process information, Red & Yellow acts on a Data Subject’s behalf as the “responsible party” requesting to access personal information under the POPI Act. Red & Yellow collects personal information in South Africa from these possible legitimate sources:

  • from users, customers / business partners / contractors referred to as Data Subjects
  • from the documentation that Red & Yellow requests and that a Data Subject provides
  • through sites, when a Data Subject signs up for a newsletter and social media platforms
  • from information about a Data Subject that is publicly available,
  • Please note, depending on circumstances, Red & Yellow may choose not to collect information from all these sources.
  • Red & Yellow endeavours to take all reasonable and necessary steps measures to secure the integrity and confidentiality of a Data Subject’s personal information and protect your such information from misuse, loss, interference, unauthorised access, modification, or unauthorised disclosure. Electronic copies are held in a secure environment, with the application of appropriate passwords and other computer and software security techniques. Once a Data Subject has submitted information and provided the necessary consent, Red & Yellow is entitled to use such personal information as follows:
  • to identify a Data Subject as aforenamed
  • to verify the last time a Data Subject used Red & Yellow services, if at all
  • to inform a Data Subject of goods, services and/or products which Red & Yellow determines is appropriate for a specific Data Subject. (unless the Data Subject has opted out);
  • to receive confirmation that a Data Subject has granted Red & Yellow authority to act as the “responsible party” if information is held by a third party
  • for business purposes, such as analysing and managing Red & Yellow business, market search, audits, developing new products, improving services and products, gauging customer satisfaction and providing customer service
  • for third party verifications relating to potential employers or organisations providing bursaries
  • to transfer a Data Subject’s information across borders, and
  • for any purpose permitted by law, including the provision of information to regulators and quality councils within South Africa and the SADC region.
  1. Red & Yellow Privacy Policy Scope

This Privacy Policy describes Red & Yellow policies and procedures on the collection, use and disclosure of a Data Subject’s personally identifiable information (Hereinafter, referred to as “PII”) when making use of Red & Yellow services, systems and tools.

Red & Yellow uses a Data Subject’s PII to provide and improve its services. By using Red & Yellow services, the Data Subject agrees to the collection and use of information in accordance with this Privacy Policy.

  1. Collecting and using Personally Identifiable Information (PII)

5.1        Types of Information Collected

5.1.1     Personal Information

While using Red & Yellow Services, we may request certain PII which can be used to contact and/or identify a Data Subject. PII may include, but is not limited to the following:

  • Email addresses
  • First name and last name
  • ID Number
  • Nationality
  • Phone numbers
  • Full residential address
  • Race
  • Gender
  • Age
  • Banking details
  • Usage Data
  • Next of kin information
  • Parent / Legal Guardian Information (where applicable)
  • Employer Information
  • Job Description
  • Curriculum Vitae
  • Qualifications
  • Sponsor Information

5.1.2     Usage Data

Usage Data is collected automatically when using the Service.

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

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

Red & Yellow may also collect information that a Data Subject’s device browser sends whenever visiting our Service or when accessing the Service by or through a mobile device.

5.1.3     Information from Third-Party Social Media Services

A Data Subject may also have the option of sharing additional information with Red & Yellow through the Data Subject’s Third-Party Social Media Service’s account. If the Data Subject chooses to provide such information and PII, during registration or otherwise, the Data Subject is giving Red & Yellow express consent to use, share, and store it in a manner consistent with this Privacy Policy.

5.1.4     Tracking Technologies and Cookies

Red & Yellow uses 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 Red & Yellow use may include:

  • Cookies or Browser Cookies. A cookie is a small file placed on a Device. A Data Subject can instruct the browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if a Data Subject does not accept Cookies, some parts of the Service may not be accessible. Unless a Data Subject has specifically adjusted browser settings to refuse Cookies, our Service may use Cookies.
  • Flash Cookies. Certain features of Red & Yellow Service may use local stored objects (or Flash Cookies) to collect and store information about preferences or 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 Red & Yellow Services and emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) which permit Red & Yellow, 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 server integrity).
  • Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on a personal computer or mobile device when a Data Subject goes offline, while Session Cookies are deleted as soon as the web browser is closed.
  • Red & Yellow uses both Session and Persistent Cookies for the purposes set out below:

 

Necessary / Essential Cookies

Type: Session Cookies

Administered by: Red & Yellow

Purpose: These Cookies are essential to provide Data Subject’s with services available through the Website and to enable the use of some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services requested cannot be provided. Red & Yellow only use these Cookies to provide Data Subject’s with those such services.

 

Cookies Policy / Notice Acceptance Cookies

Type: Persistent Cookies

Administered by: Red & Yellow

Purpose: These Cookies identify if users have accepted the use of cookies on the Website.

Functionality Cookies

Type: Persistent Cookies

Administered by: Red & Yellow

Purpose: These Cookies allow Red & Yellow to remember choices made when a Data Subject uses the Website, such as remembering login details or language preference. The purpose of these Cookies is to provide a Data Subject with a more personal experience and to avoid having to re-enter preferences every time the Website is used.

5.2        Use of a Data Subject’s Personally Identifiable Information (PII)

Red & Yellow may use PII for the following purposes:

  • To provide and maintain our Service, including to monitor the usage of our Service.
  • To manage a Data Subject’s Account: to manage registration as a user of the Service. The PII provided by the Data Subject can give access to different functionalities of the Service which are available to a registered user.
  • For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services a Data Subject has purchased or of any other contract with Red & Yellow through the Service.
  • To contact a Data Subject 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 their implementation.
  • To provide a Data Subject with news, special offers and general information about other goods, services and events which we offer that are similar to those that the Data Subject has already purchased or enquired about unless specifically opted not to receive such information.
  • To manage Data Subject requests: To attend and manage requests submitted to Red & Yellow.
  • For business transfers: Red & Yellow may use Data Subject’s information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Red & Yellow assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which PII held by Red & Yellow pertaining to a Data Subject is among the assets transferred.
  • For other purposes: Red & Yellow may use a Data Subject’s 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. These activities may, in some cases, be carried out by the following parties but is not limited to:
    • external partners
    • educational research foundations
    • relevant regulators
    • quality councils.
  • Red & Yellow may share a Data Subject’s PII in the following situations:
  • With Service Providers: Red & Yellow may share a Data Subject’s PII with Service Providers to monitor and analyze the use of our Service, to contact a Data Subject.
  • For business transfers: Red & Yellow may share or transfer a Data Subject’s PII 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: Red & Yellow may share a Data Subject’s PII with Our affiliates, in which case we will require those affiliates to honour this Privacy Policy. Affiliates include subsidiaries, joint venture partners or other companies which Red & Yellow control or which are under common control with Red & Yellow.
  • With business partners: Red & Yellow may share a Data Subject’s PII with our business partners to offer a Data Subject certain products, services or promotions.
  • With other users: when a Data Subject shares PII or otherwise interacts in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If a Data Subject interacts with other users or register through a Third-Party Social Media Service, a Data Subject’s contacts on the Third-Party Social Media Service may see a Data Subject’s name, profile, pictures and description of a Data Subject’s activity. Similarly, other users may be able to view descriptions of activity, communicate with and view a Data Subject’s profile.
  • With a Data Subject’s consent: We may disclose a Data Subject’s PII for any other purpose with the Data Subject’s consent.

5.3        Retention of Personally Identifiable Information (PII)

Red & Yellow will retain PII only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use PII to the extent necessary to comply with our legal obligations (for example, if we are required to retain PII and other data to comply with applicable lawful processing requirements), resolve disputes, and enforce our legal agreements and policies.

Red & Yellow 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 Red & Yellow is legally obligated to retain this data for longer time periods.

5.4        Transfer of Personally Identifiable Information (PII)

Information, including PII, is processed at Red & Yellow operating offices and in any other places where the parties involved in the processing are located. Such processing means that PII may be transferred to — and maintained on — computers located outside of a Data Subject’s province, country or other governmental jurisdiction where the data protection laws may differ than those from the Data Subject’s jurisdiction.

A Data Subject’s consent to this Privacy Policy followed by the submission of such PII represents a Data Subject’s agreement to that transfer.

Red & Yellow will irrevocably take all steps reasonably necessary to ensure that all PII and other data pertaining to a Data Subject’s dealings with us is treated securely and in accordance with this Privacy Policy and no PII will be transferred to an organisation or country unless there are adequate controls in place including the security of a Data Subject’s PII.

5.5        Disclosure of Personally Identifiable Information (PII)

5.5.1     Business Transactions

If Red & Yellow is involved in a merger, acquisition or asset sale, a Data Subject’s PII may be transferred. Red & Yellow will provide notice before a Data Subject’s PII is transferred and becomes subject to a different Privacy Policy.

5.5.2     Law enforcement

Under certain circumstances, Red & Yellow may be required to disclose a Data Subject’s PII if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

5.5.3     Other legal requirements

Red & Yellow may disclose a Data Subject’s PII in the good faith belief that such action is necessary to:

  • Comply with a legal obligation
  • Protect and defend the rights or property of Red & Yellow`
  • 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

5.6        Security of Your Personally Identifiable Information (PII)

The security of a Data Subject’s PII is important to us; however, it is important to note that no method of transmission over the Internet, or method of electronic storage is 100% secure. While Red & Yellow will take all necessary and reasonable steps to protect a Data Subject’s PII and other relevant data, Red & Yellow cannot guarantee its absolute security.

  1. Children’s Privacy

Red & Yellow Services do not address anyone under the age of 13. We do not knowingly collect personally identifiable information (PII) from anyone under the age of 13. If you are a parent or guardian and you are aware that your child has provided Red & Yellow with PII, please contact us. If we become aware that we have collected PII from anyone under the age of 13 without verification of parental consent, Red & Yellow will take reasonable steps to remove such information from our servers, tools and systems.

Where Red & Yellow is required to capture personally identifiable information of students who may be below the age of 18, Red & Yellow will require informed consent to do so from the students Parent or Legal Guardian.

  1. Links to other Websites

Red & Yellow Services may contain links to other websites which are not operated by us. If a Data Subject clicks on a third-party link, they will be directed to that third party’s site. We strongly advise Data Subject’s to review the Privacy Policy of every site they visit.

Red & Yellow has no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.

  1. Review of Privacy Policy

Red & Yellow may update its Privacy Policy on an annual basis or as required to meet legal requirements. Red & Yellow will notify a Data Subject of any changes by posting the new Privacy Policy on its website.

Red & Yellow will advise via email and/or a prominent notice on our website, portals and other systems, prior to the change becoming effective and update the “Last updated” date at the top of this Privacy Policy.

  1. Contact Us

Any questions relating to this Privacy Policy, please contact us by email at privacy@redandyellow.co.za