By using this website, you signify your acceptance of this Privacy Policy. If you do not agree, please exit this website. Your continued use of the website following the posting of changes to this Policy will mean that you accept those changes.

Introduction

Protecting users’ privacy is of utmost importance to us. Accordingly, we have developed this Privacy Policy to safeguard users’ personal information, and to protect your confidential personal information. This privacy policy applies to all the web pages related to this website.

Unless the context clearly indicates to the contrary, any term in this Privacy Policy will bear the same meaning as defined in any of our Terms and Conditions, Terms of Registration, or Conditions of Use, as applicable and appearing on this site.

Personal Information – POPIA

For purpose of this Privacy Policy, “personal information” means information relating to an identifiable, living, natural person, and where applicable, an identifiable, existing juristic person, including but not limited to the user’s name, identifying number/s (e.g. social security number, identity number, passport number, registration number), billing and shipping details, physical and postal addresses, e-mail addresses, telephone number/s, financial details, profiling information, and any other personal or sensitive information disclosed to us or acquired by us through this website.

We may also collect certain information following your visit to this website, such as: the name of the Internet service provider and the Internet Protocol (IP) address through which you access the Internet; the date and time that you access the site; the pages that you access while on the site; the Internet address of the website from which you link directly to this site; your location information; information specific to the device you use to access this website. We may also store information when you interact with adverts on our site. We collect this information in accordance with applicable law and only where we have a legal basis to do so. Personal information gathered by us, including through our online contact us, subscribe and order forms, and comment boxes may be used to personally identify users that subscribe to our service or purchase from this website.

We will not process special categories of personal data (including information about your religious or philosophical beliefs, racial or ethnic origin, trade union membership, political opinions, health data, or sexual orientation) unless: (1) we have obtained your explicit consent; (2) processing is necessary to protect your vital interests; (3) processing is necessary for the establishment, exercise or defense of legal claims; or (4) processing is otherwise permitted by applicable law. 

We may use personal information to help improve this website and our service offerings, analyse trends, and administer this website. We may also use your email address, telephone number and other contact details to inform you about our products and services, let you know about changes and improvements to this website, and generally communicate with you. Personal information will not be used for any purpose other than that which is stated in this Policy or in any Terms & Conditions of using our service, Terms of Sale, Terms of Registration or Conditions of Use.

By registering, accepting our terms or conditions, purchasing products and services, or submitting any personal information, and by browsing and interacting on this website, you consent to the collection and use of your personal information, subject to the limitations set out in this Privacy Policy.

Personal information may be collected when a user registers on this website, submits an application form, subscribes, requests a quote, submits a message via our “Contact Us” facility, places an order, responds to a survey, or in any other manner or form submits personal information via this site. Personal information may also be collected through this website for the purpose of improving our service offering and increasing service efficiency. Personal information may be transferred to servers located outside South Africa only where: (a) the recipient country has adequate data protection laws, (b) we have binding corporate rules or standard contractual clauses in place, (c) you explicitly consent to the transfer, or (d) the transfer is necessary for the performance of a contract. We will ensure all cross-border transfers comply with applicable data protection laws.

We will use our best endeavours to keep the personal information collected through this website as accurate, complete and up to date as is necessary for the purposes mentioned herein. We may, from time to time, request you to update your personal information on the website. On request, you are able to review or update any personally identifiable information belonging to you that we have recorded and retained. In order to better protect and safeguard personal information, you may be required to verify your identity before being granted access to any personal information or being permitted to make any corrections to the information.

This website may use encryption, firewalls and other security technology and procedures to help protect the confidentiality of personal information and prevent unauthorised access or improper use thereof. All personal information is stored in the website’s database, and secured in accordance with industry standards.

While we implement appropriate technical and organizational measures to protect personal information, no internet-based system is completely secure. We will be responsible for personal data breaches to the extent required by applicable law, and will notify relevant supervisory authorities and affected individuals as required by law. In the event of a personal data breach that is likely to result in a risk to your rights and freedoms, we will notify the relevant supervisory authority within 72 hours and affected individuals without undue delay, in accordance with applicable data protection laws. Such notification will include the nature of the breach, likely consequences, measures taken to address the breach, and recommended steps you can take to protect yourself.

Personal information will be retained only for as long as necessary to fulfill the purposes mentioned herein, or as required by law. We maintain a retention schedule that lists the specific retention periods for different categories of personal information. You have the right to request information about these retention periods. We may also be required by law to retain personal information for prescribed periods of time or in prescribed formats. We will delete your personal information from our records upon your request. Deletion of personal information, whether at our instance or at your request, is not necessarily absolute, despite our best endeavours, as there may be residual copies of the information in our back-up systems that we cannot delete as this could affect the security and integrity of our systems.   

Personal Information – GDPR

We are committed to ensuring the protection of your privacy and the lawful processing of personal data in accordance with the General Data Protection Regulation (GDPR). As part of our compliance with GDPR, we implement the following measures:

We collect and process personal data only where we have a legal basis to do so, including but not limited to consent, contract necessity, legal obligation, vital interests, public task, or legitimate interests.

Individuals have the right to access their data, request rectification or erasure, restrict processing, object to processing, and data portability. Requests can be made to our Information Officer at info@twoswanscounseling.com.

We employ appropriate technical and organizational measures to ensure the confidentiality, integrity, and availability of personal data, and to protect against unauthorized access, processing, or loss.

If automated decision-making processes, including profiling, are utilized, individuals will be informed, and the logic involved, as well as the significance and potential consequences, will be explained.

In the event of a personal data breach, we will notify the relevant supervisory authority and affected individuals as required by law.

We will only send marketing communications where we have obtained explicit consent from the individual, or based on legitimate interests – such as sending marketing communications to existing customers, subject to op-out rights. Individuals have the right to withdraw consent and opt-out of receiving marketing materials at any time.

We do not knowingly collect or process personal data from children under the age of 16 without verifiable parental consent. Additional safeguards are employed to protect children’s personal information.

Our Information Officer is responsible for overseeing GDPR compliance and can be contacted at info@twoswanscounseling.com. iFor further information on how we adhere to GDPR, please refer to our comprehensive privacy practices detailed in this policy.

Disclosure

We may disclose personal information to other persons for certain specified purposes, including for credit information sharing, debtor tracing, marketing and contract administration. We will also provide personal information to law enforcement and other competent authorities in response to lawful requests and including where we believe that the disclosure of the information is necessary: for any criminal or civil legal investigation; to detect or prevent fraud or other criminal activities; to protect any person or the general public from harm or suffering loss or damages.

Where we use domain administrators and outsourced IT suppliers, these administrators and suppliers may need to or may be able to access personal information in order to perform their services optimally. We may also appoint consultants to help us collect, interpret and use personal information in line with this Policy. Any third-party administrators and suppliers appointed by us will be required to adhere to this Policy.

We may from time to time share non-personally identifiable information, such as aggregated information, statistics and trends, with other companies, organisations and persons, including our publishers, marketers and social media consultants.

If ownership of this website is transferred to someone else, all personal information in our possession may be transferred to the new owner.  

If we disclose personal information to third parties, we will limit the disclosure to the information necessarily required by the third party to fulfill the purpose for the disclosure.

Other than in accordance with this Policy or necessary to deliver goods or services, we will not sell, share, or rent personal information to any companies, organisations or persons outside of our group structure without obtaining your consent, and any information that is disclosed will be on a need-to-know basis. We will ask you for consent before we use your personal information for any purpose not set out in this Policy.

Cookies

We use cookies and similar tracking technologies to enhance your browsing experience. These include essential cookies necessary for the website to function, analytics cookies to understand how you use our site, and marketing cookies to deliver personalized content. You can manage your cookie preferences through your browser settings.

For detailed information about the cookies we use and their purposes, please see our Cookie Policy at [insert link]. This enables us to achieve our goal of providing a valuable online experience to our users. You are, however, able to disable this cookie technology in your internet browser. Should you decide to do this, be aware that disabling cookies may result in services on this website not functioning correctly, optimally or as you would like.

Liability

While we will do all things reasonably necessary to protect our users’ rights of privacy whilst on the website, we cannot be held liable for any unauthorised or unlawful access to, or use, corruption or disclosure of any personal and confidential information.

Changes to the Privacy Policy

We may need to change this policy from time to time to address new issues and reflect changes on our site. We will post those changes here so that you will always know what information we gather, how we might use that information, and whether we will disclose that information to anyone. Please refer back to this policy regularly.

Credit Card Acquiring and Security

Where credit card transactions are processed, we have implemented prudent security policies and procedures. No credit card details are stored on our website unless otherwise expressly advised, and in all instances customer details are stored separately from credit card details. All encryption complies with international standards. Encryption is used to protect the transmission of personal information when completing online transactions.

Credit card transactions are processed by Pastfast, being an approved payment gateway. You may visit their website, https://payfast.io/ to view their security certificate and security policy.

We only process refunds to the credit card used at the time of purchase. Please allow 30 days for the refund to appear on your credit card statement. Any refunds granted are subject to our terms of purchase.

Complaint and Dispute Procedure

In the event of any complaints or disputes, please email us at info@twoswanscounseling.com with the full details of your complaint or dispute. We may require you to provide additional information and details before we are able to resolve the complaint or dispute. We endeavour to resolve complaints and disputes within 3 working days after our receipt of all the relevant information.  

Corporate Details

Registered name: K2024343343 (SOUTH AFRICA) (PTY) LTD

Registration number: 2024 / 343343 / 07

Place of registration: Cape Town, South Africa

Our directors / members / owners are: Seth Robert Wepener

We choose the following address as our place of domicilium for all purposes related to this website, including in relation to any products, services or information supplied via this website under this agreement, and whether in respect of court process, notice, or other documents or communication of whatever nature.

By using this Website, you consent to the collection, processing and disclosure of personal information in accordance with this Policy. You have the right to: access your personal information; request correction or deletion of your personal information; object to processing; lodge a complaint with the Information Regulator; and withdraw consent at any time. To exercise these rights, please contact our Information Officer at info@twoswanscounseling.com. If you wish to withdraw your consent to this Policy at any time in the future, you may do so by requesting us, in writing, to archive or delete your personal information in our records. Deletion of your personal information may, however, be subject to any applicable requirements placed on us by law to retain the personal information.