Ganoosh Privacy Policy

Ganoosh is a software application developed and delivered by Hebron Change Enablement Services (Pty)Ltd (“Hebron”) and is the ultimate accountable, registered institution upholding this policy.

For us at Ganoosh we know that gaining and maintaining your trust is key to our success. A cornerstone of this trust is based on how well we protect the data of the facility, the children attending the facility as well as the children’s caregivers. This Ganoosh Privacy Statement ("Privacy Statement") describes our privacy practices for the activities set out in this Privacy Statement. Please read this Privacy Statement carefully to learn how we collect, use, share and otherwise process information relating to individuals ("Personal Data"), and to learn about your rights and choices regarding our processing of your Personal Data.

A reference to “Ganoosh,” “we,” “us” or the “Company” is a reference to Hebron Change Enablement Services (Pty)Ltd as the responsible entity and the relevant affiliate involved in the processing activity. The addresses of our offices where Hebron and its affiliates are located is 022 Jan van Rooyen Street, Krugersdorp, South Africa.

1. Responsible Entity
   • Hebron is the controller of your Personal Data within the Ganoosh application and service as described in this Privacy Statement, unless explicitly specified otherwise. For the avoidance of doubt, this Privacy Statement applies only to the extent that we process Personal Data in the role of a processor on behalf of our customers (i.e. preschool facilities). We are not responsible for the privacy or data security practices of our customers, which may differ from those set forth in this Privacy Statement.
2. Processing Activities Covered
   • This Privacy Statement applies to the processing of Personal Data collected by us when you:
     • Visit our website that display or link to this Privacy Statement;
     • Visit our branded social media pages;
     • Visit our offices;
     • Receive communications from us, including emails, phone calls, texts or fax;
     • Use our products and services as an authorised user (for example, as an employee of one of our customers who provided you with access to our services or as an caregiver to a child attending our customer’s facility) where we act as a controller of your Personal Data;
     • Register for, attend and/or otherwise take part in our events, webinars or contests; or
     • When applications or services are provided by third parties, the privacy statement of the third party apply and this Privacy Statement does not apply.
   • Our websites and services may contain links to other websites, applications and services maintained by third parties. The information practices of such other services, or of social media networks that host our branded social media pages, are governed by third parties’ privacy statements, which you should review to better understand those third parties’ privacy practices
3. What Personal Data do we collect?
   • • Personal Data we collect directly from you: The Personal Data that we collect directly from you include the following:
       • If you express an interest in obtaining additional information about our services, request customer support (including Training), use our "Contact Us" or similar features, register to use our services, sign up for an event, webinar or contest, or download certain content, we may require that you provide to us your contact information, such as your name, job title, company name, address, phone number, email address or username and password;
       • If you make purchases via our websites or register for an event or webinar, we may require that you provide to us your financial and billing information, such as billing name and address, credit card number or bank account information;
       • If you attend an event, we may with, your further consent, use your attendee enrolment form, which will provide to us your information, such as name, title, company name, address, country, phone number and email address;
       • If you register for an online community that we host, we may ask you to provide a username, photo and/or biographical information, such as your occupation, social media profiles, company name and areas of expertise;
       • If you use and interact with our website or emails, we may collect information about your device and your usage of our website(s) or emails through cookies, web beacons or similar technologies, such as Internet Protocol (IP) addresses or other identifiers, which may qualify as Personal Data (please see the "What device and usage data we process" section, below);
       • If you use and interact with our services, we automatically collect information about your device and your usage of our services, through log files and other technologies, some of which may qualify as Personal Data (please see the "What device and usage data we process" section, below);
       • If you voluntarily submit certain information to our services,
       • If you fill out a survey about your user experience, we collect the information you have provided as part of that request; and
       • If you visit our offices, you may be required to register as a visitor and to provide your name, email address, phone number, company name and time and date of arrival.
       • If you provide us with any Personal Data relating to other individuals, you represent that you have the authority to do so and acknowledge that it will be used in accordance with this Privacy Statement.
       • If you believe that your Personal Data has been provided to us improperly, or to otherwise exercise your rights relating to your Personal Data, please contact us by using the information set out in the “Contacting us” section below
     • Personal Data we collect from other sources We might collect information about you from other sources. This information might be combined with Personal Data provided by you. This helps us to update, expand and analyse our records, identify new customers and create more tailored advertising to provide services that may be of interest to you. In particular, we might collect Personal Data from the following sources:
       • Third party providers of business contact information, including mailing addresses, job titles, email addresses, phone numbers, intent data (or user behaviour data), IP addresses, social media profiles, LinkedIn URLs and custom profiles, for purposes of targeted advertising, delivering relevant email content, event promotion and profiling; and
       • Platforms such as Facebook
4. What device and usage data we process
   • We use common information-gathering tools, such as tools for collecting usage data, cookies, web beacons and similar technologies to automatically collect information that may contain Personal Data from your computer or mobile device as you navigate our websites, our services or interact with emails we have sent to you.
     • Device and usage data As is true of most websites, we gather certain information automatically on connection with the use of the website by individual users. This information may include IP address (or proxy server), device and application identification numbers, location, browser type, Internet service provider and/or mobile carrier, the pages and files viewed, searches, operating system and system configuration information and date/time stamps associated with your usage. This information is used to analyse overall trends, to help us provide and improve our websites and to guarantee their security and continued proper functioning.
       
       This information is used to maintain the security of the services, to provide necessary functionality, as well as to improve performance of the services, to assess and improve customer and user experience of the services, to review compliance with applicable usage terms, to identify future opportunities for development of the services, to assess capacity requirements, to identify customer opportunities and for the security of Ganoosh generally (in addition to the security of our products and services). Some of the device and usage data collected within the services, whether alone or in conjunction with other data, could be personally identifying to you. Please note that this device and usage data is primarily used for the purposes of identifying the uniqueness of each user logging on (as opposed to specific individuals), apart from where it is strictly required to identify an individual for security purposes or as required as part of our provision of the services to our customers (where we act as a processor).
     • Cookies, web beacons and other tracking technologies on our website and in email communications
       
       We use cookies and similar technologies such as web beacons, tags and JavaScript, alone or in conjunction with cookies, to compile information about the usage of our websites and interaction with emails from us. When you visit our websites, we or an authorized third party may place a cookie on your browser and/or device, which collects information, including Personal Data, about your online activities over time and across different sites. Cookies allow us to track usage, determine your browsing preferences and improve and customize your browsing experience.
       
       We may also use web beacons on our websites and in email communications. For example, we may place web beacons in marketing emails that notify us when you click on a link in the email that directs you to one of our websites. Such technologies are used to operate and improve our websites and email communications.
5. Purposes for which we process Personal Data and the legal bases on which we rely
   We collect and process your Personal Data for the purposes and on the legal bases identified in the following:
   • Providing our website and services: We process Personal Data to perform our contract with the preschool facility who subscribed to Ganoosh. Some of your Personal Data forms part of the delivery of our service and to fulfil our obligations under applicable terms of use/service and contract. Where we have not entered into a contract with you, we base the processing of your Personal Data on our legitimate interest to operate and administer our services and to provide you with content you access and request (e.g., to download content from our websites or use of Ganoosh services);
   • Promoting the security of our website and services: We process your Personal Data by tracking use of our websites and services, creating aggregated, non-personal data, verifying accounts and activity, investigating suspicious activity and enforcing our terms and policies, to the extent this is necessary for our legitimate interest in promoting the safety and security of the services, systems and applications and in protecting our rights and the rights of others;
   • Providing necessary functionality: We process your Personal Data to perform our contract with the preschool subscribed to Ganoosh for the use of our services; where we have not entered into a contract with you, we base the processing of your Personal Data on our legitimate interest to provide you with the necessary functionality required during your use of our websites and services;
   • Managing user registrations: If you have registered for an account with us, we process your Personal Data by managing your user account for the purpose of performing our contract with you according to applicable terms of service;
   • Handling contact and user support requests: If you fill out a “Contact Me” web form or request user support, or if you contact us by other means including via a phone call, we process your Personal Data to perform our contract with you and to the extent it is necessary for our legitimate interest in fulfilling your requests and communicating with you;
   • Managing event registrations and attendance: We process your Personal Data to plan and host events or webinars for which you have registered or that you attend, including sending related communications to you, to perform of our contract with you;
   • Managing payments: If you have provided financial information to us, we process your Personal Data to verify that information and to collect payments to the extent that doing so is necessary to complete a transaction and perform our contract with you;
   • Developing and improving our website and services: We process your Personal Data to analyse trends and to track your usage of and interactions with our websites and services to the extent it is necessary for our legitimate interest in developing and improving our websites and services and providing our users with more relevant content and service offerings, or where we seek your valid consent;
   • Assessing and improving user experience: We process device and usage data as described above, which in some cases may be associated with your Personal Data, in order to analyse trends in order to assess and improve the overall user experience to the extent it is necessary for our legitimate interest in developing and improving the service offering, or where we seek your valid consent;
   • Reviewing compliance with applicable usage terms: We process your Personal Data to review compliance with the applicable usage terms in our customer’s contract to the extent that it is in our legitimate interest to ensure adherence to the relevant terms;
   • Assessing capacity requirements: We process your Personal Data to assess the capacity requirements of our services the extent that it is in our legitimate interest to ensure that we are meeting the necessary capacity requirements of our service offering;
   • Identifying customer opportunities: We process your Personal Data to assess new potential customer opportunities to the extent that it is in our legitimate interest to ensure that we are meeting the demands of our customers and their users’ experiences;
   • Registering office visitors: We process your Personal Data for security reasons, to register visitors to our offices and to manage non-disclosure agreements that visitors may be required to sign, to the extent such processing is necessary for our legitimate interest in protecting our offices and our confidential information against unauthorized access;
   • Displaying personalized advertisements and content: We process your Personal Data to conduct marketing research, advertise to you, provide personalized information about us on and off our websites and to provide other personalized content based upon your activities and interests to the extent it is necessary for our legitimate interest in advertising our websites or, where necessary, to the extent you have provided your prior consent;
   • Sending marketing communications: We will process your Personal Data to send you marketing information, product recommendations and other non-transactional communications (e.g., marketing newsletters, telemarketing calls, SMS, or push notifications) about us and our affiliates and partners, including information about our products, promotions or events as necessary for our legitimate interest in conducting direct marketing or to the extent you have provided your prior consent. And
   • Complying with legal obligations: We process your Personal Data when cooperating with public and government authorities, courts or regulators in accordance with our legal obligations under applicable laws to the extent this requires the processing or disclosure of Personal Data to protect our rights or is necessary for our legitimate interest in protecting against misuse or abuse of our websites, protecting personal property or safety, pursuing remedies available to us and limiting our damages, complying with judicial proceedings, court orders or legal processes or to respond to lawful requests.

   Where we need to collect and process Personal Data by law, or under a contract we have entered into with you, and you fail to provide the required Personal Data when requested, we may not be able to perform our contract with you

6. Who do we share Personal Data with?
   We may share your Personal Data as follows:
   • With our contracted service providers, who provide services such as IT and system administration and hosting, credit card processing, research and analytics, marketing, customer support and data enrichment for the purposes and pursuant to the legal bases described above;
   • If you use our websites to register for an event or webinar organised by one of our affiliates, with the affiliate to the extent this is required on the basis of the affiliate’s contract with you to process your registration and ensure your participation in the event; in such instances, our affiliate will process the relevant Personal Data as a separate controller and will provide you with further information on the processing of your Personal Data, where required;
   • If you attend an event or webinar organised by us, or download or access an asset on our website, with sponsors of the event. If required by applicable law, you may consent to such sharing via the registration form or by allowing your attendee registration form to be used. In these circumstances, your information will be subject to the sponsors’ privacy statements. If you do not wish for your information to be shared, you may choose to not opt-in via event/webinar registration;
   • If you use our services as an authorised user, with your affiliated customer responsible for your access to the services to the extent this is necessary for verifying accounts and activity, investigating suspicious activity, or enforcing our terms and policies;
   • With sponsors of contests or promotions for which you register;
   • In individual instances, with professional advisers acting as processors or joint controllers including lawyers who provide legal services, only to the extent we are legally obliged to share or have a legitimate interest in sharing your Personal Data;
   • With affiliates within the Hebron corporate group and companies that we acquire in the future when they are made part of the Hebron corporate group, to the extent such sharing of data is necessary to fulfil a request you have submitted via our websites or for customer support, marketing, technical operations and account management purposes.
   • If we are involved in a merger, reorganisation, dissolution or other fundamental corporate change, or sell a website or business unit, or if all or a portion of our business, assets or stock are acquired by third party, with such third party. In accordance with applicable laws, we will use reasonable efforts to notify you of any transfer of Personal Data to an unaffiliated third party.
   • We may also share anonymous usage data with Hebron’s service providers for the purpose of helping Hebron in such analysis and improvements. Additionally, Hebron may share such anonymous usage data on an aggregate basis in the normal course of operating our business; for example, we may share information publicly to show trends about the general use of our services.
   • Any Personal Data or other information you choose to submit in communities, forums, blogs or chat rooms on our websites may be read, collected and used by others who visit these forums, depending on your account settings (as applicable).
   • For further information on the recipients of your Personal Data, please contact us by using the information in the “Contacting us” section, below.
7. Children
   Our website and services are directed at childcare facilities and the caregivers of the children in their care. We do not knowingly collect Personal Data from children under the age of 16 other than the data that we request from a competent person related to the child who knowingly provide and consent to use the provided information solely within the construct of the Ganoosh service. This information refers to the mandatory and non-mandatory information fields within Ganoosh related to the child that we require to deliver the optimal Ganoosh service and experience. If you are a parent or guardian and believe your child’s information has been provided to us without your consent, please contact us by using the information in the “Contact us” section on your website, and we will take steps to delete such Personal Data from our systems.
8. How long do we keep your Personal Data?
   We may retain your Personal Data for a period of time consistent with the original purpose of collection (see the "Purposes for which we process Personal Data and the legal bases on which we rely" section, above). We determine the appropriate retention period for Personal Data on the basis of the amount, nature and sensitivity of your Personal Data processed, the potential risk of harm from unauthorised use or disclosure of your Personal Data and whether we can achieve the purposes of the processing through other means, as well as on the basis of applicable legal requirements (such as applicable statutes of limitation). After expiry of the applicable retention periods, your Personal Data will be deleted. If there is any data that we are unable, for technical reasons, to delete entirely from our systems, we will put in place appropriate measures to prevent any further use of such data. For further information on applicable data retention periods, please contact us by using the information in the “Contacting us” section, below.
9. Your rights relating to your Personal Data
   You have certain rights relating to your Personal Data, subject to local data protection laws. Depending on the applicable laws and, in particular, these rights may include:
   • To access your Personal Data held by us (right to access);
   • To rectify inaccurate Personal Data and, taking into account the purpose of processing the Personal Data, ensure it is complete (right to rectification);
   • To erase/delete your Personal Data, to the extent permitted by applicable data protection laws (right to erasure; right to be forgotten);
   • To restrict our processing of your Personal Data, to the extent permitted by law (right to restriction of processing);
   • To transfer your Personal Data to another controller, to the extent possible (right to data portability);
   • To object to any processing of your Personal Data carried out on the basis of our legitimate interests (right to object). Where we process your Personal Data for direct marketing purposes or share it with third parties for their own direct marketing purposes, you can exercise your right to object at any time to such processing without having to provide any specific reason for such objection;
   • Not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects ("Automated Decision-Making"). Automated Decision-Making currently does not take place on our websites or in our services; and
   • To the extent we base the collection, processing and sharing of your Personal Data on your consent, to withdraw your consent at any time, without affecting the lawfulness of the processing based on such consent before its withdrawal.
10. How to exercise your rights
    To exercise your rights, please contact us by using the information in the “Contact us” section, on our website. We try to respond to all legitimate requests within two weeks and will contact you if we need additional information from you in order to honour your request. Occasionally it may take us longer than two weeks, taking into account the complexity of requests we receive. If you are an employee of a Hebron customer, we recommend you contact your company’s system administrator for assistance in correcting or updating your information.
    
    Some registered users may update their user settings, profiles, organization settings and event registrations by logging into their accounts and editing their settings or profiles.
    
    To update your billing information, discontinue your account and/or request return or deletion of your Personal Data and other information associated with your account, please contact us by using the information in the “Contact us” section on our website.
11. Your rights relating to customer data
    As described above, we may also process Personal Data submitted by or for a customer to our products and services. To this end, if not stated otherwise in this Privacy Statement or in a separate disclosure, we process such Personal Data in the role of a mere processor on behalf of a customer (and/or its affiliates) who is the responsible controller of the Personal Data concerned (see the "Responsible entity" section above). We are not responsible for and have no control over the privacy and data security practices of our customers, which may differ from those set forth in this Privacy Statement. If your data has been submitted to us by or on behalf a Hebron customer and you wish to exercise any rights you may have under applicable data protection laws, please inquire with the applicable customer directly. Because we may only access a customer’s data upon instruction from that customer, if you wish to make your request directly to us, please provide to us the name of the Hebron customer who submitted your data to us. We will refer your request to that customer and will support them as needed in responding to your request within a reasonable timeframe.
12. Your preferences for email and SMS communications
    If we process your Personal Data for the purpose of sending you communications as it relates to the Ganoosh service please note that part of the Ganoosh service is SMS and email communication and should not be considered as marketing communication.
    Please note that opting out of marketing communications does not opt you out of receiving important business communications related to your current relationship with us, such as communications about your subscriptions or event registrations, service announcements or security information.
13. How we secure your Personal Data
    We take precautions including organisational, technical and physical measures to help safeguard against the accidental or unlawful destruction, loss, alteration and unauthorised disclosure of, or access to, the Personal Data we process or use.
    While we follow generally accepted standards to protect Personal Data, no method of storage or transmission is 100% secure. You are solely responsible for protecting your password, limiting access to your devices and signing out of website and services after your sessions. If you have any questions about the security of our website and services, please contact us by using the information in the “Contacting us” section, below.
14. Changes to this Privacy Statement
    We will update this Privacy Statement from time to time to reflect changes in our practices, technologies, legal requirements and other factors. If we do, we will update the “effective date” at the top of this Privacy Statement. If we make a material update, we may provide you with notice prior to the update taking effect, such as by posting a conspicuous notice on our website or by contacting you using the email address you provided.
    We encourage you to periodically review this Privacy Statement to stay informed about our collection, processing and sharing of your Personal Data.
15. Contacting us
    To exercise your rights regarding your Personal Data, or if you have questions regarding this Privacy Statement or our privacy practices please contact us at:
    Hebron Change Enablement Services (Pty)Ltd
    022 Jan van Rooyen Street,
    Krugersdorp
    1739
    South Africa