Terms & Conditions
Use of the Website
By accessing the website, you warrant to Overcoming Today that you are legally entitled to do so and to make use of the information available via the website.
Usage of Services
Our services are meant for the use of all clients requiring personal coaching services.
Accuracy of Content and Invitation to Offer
Overcoming Today has taken every care in the preparation of the content of this website, to ensure that prices quoted are correct at time of publishing and all services have been fairly described. All prices displayed are inclusive of VAT as applicable.
All services and information displayed on the website constitute an invitation to offer you specific services. Your booking for services constitutes your offer which shall be subject to the terms and conditions as listed herein. Overcoming Today reserves the right to accept or reject your offer in part or in full. If you have supplied us with your e-mail address, we will notify you by e-mail as soon as possible to confirm receipt of your booking and email you again to confirm your booking and therefore acceptance of the order.
Trademarks
The trademarks, names, logos and service marks (collectively "trademarks") displayed on this website are registered and unregistered trademarks of the website owner. Nothing contained on this website should be construed as granting any license or right to use any trademark without the prior written permission of the website owner.
External Links
External links may be provided for your convenience, but they are beyond the control of the website owner and no representation is made as to their content. Use or reliance on any external links and the content is at your own risk.
Warranties
The website owner makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website.
Conflict of Terms
If there is a conflict or contradiction between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
Applicable Laws
Use of this website shall in all respects be governed by the laws of the courts of South Africa, regardless of the laws that might be applicable under principles of conflicts of law. The parties agree that the courts located in Johannesburg, South Africa shall have exclusive jurisdiction over all controversies arising under this agreement and agree that venue is proper in those courts.
How to contact us
Your opinion matters to us - if you have any questions about our privacy, cookie or privacy policies, please submit your query to you@overcoming.today and I will respond to you.
LEGISLATIVE REQUIREMENTS
POPIA was assented to on 26 November 2013. The purpose of POPIA is to give effect to section 14 of the Constitution, being the constitutional right to privacy by protecting Personal Information and regulating the free flow and Processing of Personal Information. POPI sets minimum conditions which all Responsible Parties, as defined in POPIA must comply with so as to ensure that Personal Information is respected and protected.
Conditions for Lawful Processing Chapter 3 of POPI provides for the minimum Conditions for Lawful Processing of Personal Information by a Responsible Party. These conditions may not be derogated from unless specific exclusions apply as outlined in POPI. Below is a description of the eight Conditions for Lawful Processing as contained in POPI:
Accountability - the Responsible Party has an obligation to ensure that there is compliance with POPI in respect of the Processing of Personal Information. Data Protection / Privacy Policy Final 20 July 2021
Processing limitation - Personal Information must be collected directly from a Data Subject to the extent applicable; must only be processed with the consent of the Data Subject and must only be used for the purposes for which it was obtained.
Purpose specification - Personal Information must only be processed for the specific purpose for which it was obtained and must not be retained for any longer than it is needed to achieve such purpose.
Further processing limitation - further processing of Personal Information must be compatible with the initial purpose for which the information was collected.
Information quality - the Responsible Party must ensure that Personal Information held is accurate and updated regularly and that the integrity of the information is maintained by appropriate security measures.
Openness - there must be transparency between the Data Subject and the Responsible Party.
Security safeguards - a Responsible Party must take reasonable steps to ensure that adequate safeguards are in place to ensure that Personal Information is being processed responsibly and is not unlawfully accessed.
Data Subject participation
The Data Subject must be made aware that their information is being processed and must have provided their informed consent to such processing.
Data Protection Principles
When processing personal data, it ensures that:
It is processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’)
It is collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes (‘purpose limitation’)
It is all adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’)
It is all accurate and, where necessary, kept up to date and that reasonable steps will be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’). The data subject must ensure that correct and updated information is provided.
It is kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed (‘storage limitation’)
It is processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures (‘integrity and confidentiality’)
Requests from a data subject who wishes to exercise their rights under data protection law as appropriate, always communicating in a concise, transparent, intelligible and easily accessible form and without undue delay.
Processing of Personal information
Personal information is any information that relates to the data subject as an identifiable living human being or existing juristic person (to the extent that applicable law allows).
You are identifiable where someone could identify you for example, by reference to your name, identification number or other identifier.
Personal information can include your:
Demographic information – race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language or birth;
Identifying information – identifying symbol, number, email address, physical address, phone number, location information, online or other identifier;
Name (under certain circumstances) – name, if it appears with the other personal information relating to you or if the disclosure of the name itself would reveal information about you.
PROCEDURES FOR PERSONAL INFORMATION COLLECTION AND PROCESSING
Overcoming Today may request data subjects to provide certain identifying information (including first name, surname and email address).
Overcoming Today may request certain optional information on a voluntary basis.
Overcoming Today must obtain written consent from the data subject to collect personal information in accordance with applicable law.
Overcoming Today must obtain the data subject’s permission to process the information. Processing includes gathering your personal information, disclosing it, and combining it with other personal information.
Overcoming Today generally collects personal information directly wherever possible, but may sometimes collect it indirectly through third parties.
If a Data Subject provides Personal Information on behalf of another, Overcoming Today will not be able to process the query or request unless such query or request is accompanied with the required permission and consent from the owner of that Personal Information
If a Data Subject is under the age of 18, such person’s Personal Information will only be processed if the minor’s parent or legal guardian gives the required consent or permission to the processing of the provided Personal Information.
Overcoming Today must only use personal information in a manner consistent with the purpose for which it was collected.
Processing means gathering, disclosing or combining it with other information.
PERSONAL INFORMATION DATA ACCESS
Overcoming Today has processes in place to ensure that it can facilitate any request made by an individual to exercise their rights under data protection law.
All staff must receive training on the protection of personal information and the access thereof.
Requests by data subjects for personal information must be dealt with in terms of regulations.
MONITORING AND REVIEW
This policy shall be regularly monitored and reviewed, at least every two years.
PROTECTION of minors
Overcoming Today prohibits clients from using our services to harm or attempt to harm a minor.
