YOUR PRIVACY IS IMPORTANT TO US
1.1 Thank you for visiting www.flowevolution.co.za (“the Website”). The Website is operated and owned by Neil Kohler (“we”, “us”, “our” or “Flow Evolution”). Our registered address is 111 Dreyersdal Road, Cape Town, 7945, South Africa.
3 Acceptance of Terms
3.1 By using our Website or registering for services through the Website or submitting information to us by writing to us, via email, over the telephone, or by any other method, you:
4 Your Personal Information
4.1 When you register or use the Website, including for the purposes of viewing the exercise libraries and programs, joining the Flow Evolution Community including use of forums and blogs, purchasing exercise programmes or signing up to newsletters and email alerts, we will ask you to provide us with certain personal information which may include your contact information (such as your name, email and postal address and telephone number(s)), your medical history (current or previous illnesses and conditions), your exercise history (current or previous exercise regimes), your personal health or fitness goals (lose weight, gain strength etc.), your demographics (age, gender etc.) or other payment information (“Personal Information”).
4.2 We may also collect other information, including, but not limited to, the URL you came from, the type of browser used, IP address, country and telephone area code where your computer is located and the pages of the Website viewed. This may supplement the information you provide us with information we receive from third parties.
5 Use of your Personal Information
5.1 We may use the information that you provide or that we collect for the following purposes:
5.1.1 to register you with Flow Evolution and set up and manage your Flow Evolution membership account;
5.1.2 to carry out market research, statistical analysis and customer profiling;
5.1.3 to provide you with any exercise/training programs, services or information you may have requested;
5.1.4 to notify you about our products, services or special offers that may be of interest to you;
5.1.5 to ensure all content from the Website is presented in the most effective manner for you and for your computer;
5.1.6 for detecting and protecting against error, fraud or other criminal activity;
5.1.7 in any other way as described to you at the time of collection of your Personal Information; and
5.1.8 to any other relevant third parties involved in providing services to you (including, but not limited to, payment providers and organisations that assist with the communications or monitoring of the Website).
5.2 We reserve the right to provide anonymised demographic information to partners and other third parties for marketing purposes. This will not include any personally identifiable data.
5.3 If you do not want us to contact you with details of our special offers, products or services that we think you might be interested in please tick the relevant box on any registration form that you complete.
5.4 You may unsubscribe from this service at any time by contacting us via our contact form.
6 Disclosure of your Personal Information
6.1 We value your privacy and will not sell your Personal Information to any third parties under any circumstances.
6.2 We may include messages from partners or other third parties that we may feel of interest to you in some Flow Evolution communications, but we do not provide any of your Personal Information to third parties, except when required to by law.
7 Accessing your Personal Information
For the purposes of the The Protection of Personal Information Act 2013 (“POPIA”), we are the ‘Data Controller’ and confirm that we comply with the provisions of the POPIA.
7.1 Under the POPIA, you have the right to ask in writing, for a copy of the Personal Information that we hold about you. If required we will provide you with a readable copy of any Personal Information that we hold. We are allowed to charge you a fee of R300 to meet our costs in providing you with details of the Personal Information we hold about you.
7.2 Should you ask us to delete, correct or amend that Personal Information, we will do so within a reasonable time. It is your responsibility to notify us of any updates or changes to your Personal Information. Should you ever have any questions regarding your Personal Information, please do not hesitate to contact our Data Protection Officer by contacting us via our contact form, or in writing to our registered office at 111 Dreyersdal Road, Cape Town, 7945, South Africa.
8 Keeping your Personal Information secure
8.1 We will protect your Personal Information from unauthorised access, misuse, alteration or loss by using commercially reasonable security measures. This complies with our obligations under the POPIA.
8.3 We will always do our best to protect your Personal Information. Unfortunately due to the transmission of information via the internet is not completely secure and any transmission will be at your own risk as we cannot guarantee the security of any data transmitted to our Website.
8.4 If your Personal Information is accessed by an unauthorised third party, we will not be responsible for any direct or indirect damage caused as a result of such unauthorised access.
8.5 As a service to our users, Flow Evolution may feature message boards, chat rooms and other public forums where users with similar interests may share information and support one another, or where users can post questions for personal trainers to answer. Any information shared (including Personal Information) that you reveal in a chat room, message board or online discussion is by design open to the public and is not a private, confidential or secure service. You should think carefully before disclosing any Personal Information in any public forum and we shall not be liable for any contact you have from other parties resulting from your involvement in such forums. What you have written may be seen, disclosed to or collected by third parties and may be used by others in ways we are unable to control or predict, including to contact you for unauthorised purposes. As with any public forum on any site, this information may also appear in third-party search engines such as Yahoo, Google, MSN, etcetera.
9 Keeping in touch with you
9.1 We will only contact you (other than with appropriate customer service and related user information communications) if you have indicated that you wish to receive such mailings.
9.2 We hold a database of people who have expressed an interest in receiving information about Flow Evolution and products, services or special offers that we may feel of interest. You can subscribe to these updates at any time by contacting us via our contact form, selecting ‘Unsubscribe’ from the drop down list, or unsubscribe following the instructions included at the end of the individual update.
10.1 We are committed to protecting the privacy of children. Neither Flow Evolution nor any of its services is designed or intended to attract children under the age of 18. We do not collect Personal Information from any person we actually know is under the age of 18.
11.1 When you visit the Website we may send you a cookie. Cookies are small text files, which are placed on your computer’s hard drive. We may use sessional and persistent cookies to help us to enhance the level of service we provide you. This may be done in a number of different ways:
11.1.1 As a means to continually improve your experience of using our Website, we may use sessional cookies to record the areas of the Website you have visited and the length of time you spend viewing them. Your browser keeps track of sessional cookies as long as it’s running, but deletes them when it’s shut down. The cookies are anonymous and therefore don’t identify a user by name.
11.1.2 In order to track the effectiveness of our online advertising, if you come to the Website via an affiliate site, we may use up to 45 day persistent cookies. The cookie does not identify a user by name, and are only used to record what site you came from and whether you return to the Website within 45 days.
11.2 If you object to a cookie being placed on your computer, you can adjust your browser to let you know when a cookie is issued or you can choose to have them disabled. If you do not know how to do this, you should seek technical assistance from your individual browser provider. We cannot be held responsible for any technical faults or failures to your system.
Updated: 10 – 08 – 2017