The Cross Trainer Group

EXTERNAL PRIVACY STATEMENT REGULATORY – All The Cross Trainer divisions/businesses and employees 

Registration Number: 2002/014728/07

1. INTRODUCTION:

1.1 For purpose of this Statement:

POLICY AND PROCEDURES

1.1.1 “Applicable Laws” means all laws, regulations that The Cross Trainer is required to comply with 

1.1.2 “A“ Client”, “Supplier” or “you” means any prospective, new or existing client or supplier or vendor of The Cross Trainer and its subsidiaries; and 

1.1.3 “B Group” or “we” or “us” means JB Group, its direct and indirect subsidiaries and business units (The Cross Trainer). To obtain more information on The Cross Trainer of companies please refer to The Cross Trainer Retail Segments. 

1.1.4 “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 name, race, gender, marital status, address and identifying number of a person, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person. 

1.2 This Statement sets out how your personal information will be used by The Cross Trainer and applies to any information, including personal and special personal information, you give to The Cross Trainer or which The Cross Trainer may collect from third parties. 

1.3 It is important that you read this Statement carefully before submitting any personal information to The Cross Trainer. 

1.4 By submitting any personal information to The Cross Trainer you provide consent to the processing of your personal information as set out in this Statement. 

1.5 The provisions of this Statement are subject to mandatory, unalterable provisions of Applicable Laws; 

1.6 Please do not submit any personal information to The Cross Trainer if you do not agree to any of the provisions of this Statement. If you do not consent to the provisions or parts of the Statement, The Cross Trainer may not be able to provide its products and services to you.  

Disclaimer: The contents of this document should only be used for and by The Cross Trainer and may not be distributed unlawfully. Older versions are not deemed official. Only the latest version is acceptable

2.            HOW TO CONTACT US: If You Have Any Comments Or Questions About This Statement Please Contact The Information Officer at: [email protected]

3.            AMENDMENT OF THIS STATEMENT

3.1 We may amend this Statement from time to time for any of the following reasons:

3.1.1 to provide for the introduction of new systems, methods of operation, services, products, property offerings or facilities

3.1.2 to comply with changes to any legal or regulatory requirement

3.1.3 to ensure that our Statement is clearer and more favourable to you

3.1.4 to rectify any mistake that may be discovered from time to time; and/or

3.1.5 for any other reason which The Cross Trainer, in its sole discretion, may deem reasonable or necessary

3.2 The Cross Trainer will take reasonable steps to notify you of such an amendment, including publication on our website. It is your responsibility to check the website often

4. PRIVACY AND INDEMNITY

4.1 The Cross Trainer takes your privacy and the protection of your personal information very seriously, and we will only use your personal information in accordance with this Statement and applicable data protection legislation. It is important that you take all necessary and appropriate steps to protect your personal information yourself (for example, by ensuring that all passwords and access codes are kept secure)

4.2 We have implemented reasonable technical and operational measures to keep your personal information secure

4.3 You hereby indemnify and hold The Cross Trainer harmless from any loss, damages or injury that you may incur as a result of incorrect or incomplete personal information to The Cross Trainer

5. INFORMATION WHICH WE MAY COLLECT ABOUT YOU

5.1 You, as the data subject, consent to the collection of the following information about you:

5.1.1 personal information that may include your name, address, contact details, date of birth, place of birth, identity number, passport number, bank details, details about your employment, tax number and financial information

5.1.2 records of correspondence or enquirers from you or anyone acting on your behalf

5.1.3 details of transactions you carry out with us

5.1.4 details of contracts, sales or leases you carry out with us

5.1.5 sensitive or special categories of personal information, including biometric information, such as images, fingerprints and voice prints

5.2 Where you provide us with the personal information of third parties you should take steps

to inform the third party that you need to disclose their details to us, identifying us. In addition, you should not share their personal information with us, unless they have consented to you sharing such information with us and to us processing such information in accordance with this Statement

6. INFORMATION OF CHILDREN

6.1 We do not intend to collect and/or process any personal information of children, unless we make this clear. If you do provide any personal information to us of children then you warrant that this is done with the consent of the child’s parent or legal guardian to use this information as set out in this Statement

7. SUPPLIERS AND VENDORS

7.1 In the course of our business agreement we may collect personal information about you as a data subject to ensure that the business agreement and matters relating to the agreement can be fulfilled

7.2 We may also do due diligence on you to ensure that you meet the requirements set out in our procurement procedures

7.3 If you provide any personal information of other persons to us, such as employees or your directors, you warrant that you are authorised to share their personal information with us for purposes set out in the Statement

8. HOW WE COLLECT INFORMATION

8.1 You may provide personal information to us either directly or indirectly (through an agent acting on your behalf, or an introducer), by completing an application form for our products and services or requesting further information about our products and services, whether in writing, through our website, over the telephone or any other means

8.2 We may also collect your personal information for lawful purposes from your appointed agent, any regulator, or other third party that may hold such information

9. USE OF INFORMATION COLLECTED

9.1 We may use, transfer and disclose your personal information for the purposes of:

9.1.1 providing you with the services, products or offerings you have requested, and notifying you about important changes to these services, products or offerings

9.1.2 managing your account or relationship and complying with your instructions or requests

9.1.3 detecting and preventing fraud and money laundering and/or in the interest of security and crime prevention

9.1.4 assessing and dealing with complaints and requests

9.1.5 operational, marketing, auditing, legal and record keeping requirements

9.1.6 verifying your identity or the identity of your beneficial owner 

9.1.7 transferring or processing of your personal information outside of the Republic of South Africa to such countries that may not offer the same level of data protection as the Republic of South Africa, including for cloud storage purposes and the use of any of our websites

9.1.8 complying with Applicable Laws, including lawful requests for information received from local or foreign law enforcement, government and tax collection agencies

9.1.9 recording and/or monitoring your telephone calls and electronic communications to/with The Cross Trainer in order to accurately carry out your instructions and requests, to use as evidence and in the interests of crime prevention 

9.1.10 conducting market research and providing you with information about The Cross Trainer products or services from time to time via email, telephone or other means (for example, events)

9.1.11 where you have unsubscribed from certain direct marketing communications, ensuring that we do not sent such direct marketing to you again

9.1.12 disclosing your personal information to third parties for reasons set out in this Statement or where it is not unlawful to do so

9.1.13 monitoring, keeping record of and having access to all forms of correspondence or communications received by or sent from The Cross Trainer or any of its employees, agents or contractors, including monitoring, recording and using as evidence all telephone communications between you and The Cross Trainer

9.1.14 improving or evaluating the effectiveness of The Cross Trainer business or products, services or offerings

9.1.15 prevention and control of any disease

9.1.16 determining whether you meet the criteria for inclusion in certain direct marketing campaigns of The Cross Trainer products and/or services, where applicable

9.1.17 conducting an affordability assessment in the event that you applied for credit

9.1.18 pre-vetting Clients or Suppliers before we deal with them

9.1.19  sharing your unique identifiers (such as your telephone number or identity number) with third parties, including other entities in The Cross Trainer to do data matching for purposes of enriching (improving) our or their personal information, direct marketing, marketing analysis pre-vetting of Clients and Suppliers and other matters that may be in our legitimate interests of third parties; and 

9.1.20 tracing you and collecting from you any outstanding debt due in terms of a credit agreement entered into with The Cross Trainer

9.2 We may from time to time contact you about services, products and offerings available from The Cross Trainer or specific subsidiaries which we believe may be of interest to you, by email, phone, text or other electronic means, You can unsubscribe from receiving such communications

10. DISCLOSURE OF YOUR INFORMATION

10.1 Your personal information may be shared with The Cross Trainer of companies, our agents and sub-contractors, and selected third parties who process the information on our behalf

10.2 We may also disclose your personal information to third parties in the following circumstances: 

10.2.1 to any of the other The Cross Trainer of companies subsidiaries, business partners or other third parties to:

10.2.1.2 assess and monitor any of your applications for The Cross Trainer products or services; determine which products and services may be of interest to you and/or to send you information about such products and services, unless 

you object or choose not to receive such communications [NOTE: Subject to the direct marketing provisions of POPIA.]; Have a better understanding of your circumstances and needs to provide and improve The Cross Trainer products and services; to any relevant person and/or entity for purposes of prevention, detection and reporting of fraud and criminal activities, the identification of the proceeds of unlawful activities and the combating of crime

10.2.2 to any regulator or supervisory authority, including those in foreign jurisdictions, if The Cross Trainer is required to do so in terms of Applicable Laws

10.2.3 to a prospective buyer or seller of any of our businesses or assets

10.2.4  to any person if we are under a duty to disclose or share your personal information in order to comply with any Applicable Laws, or to protect the rights, property or safety of The Cross Trainer, other clients or other third parties; and/or  

10.2.5 to your agent, or any other person acting on your behalf, an or an introducer

10.3 We may transfer your information to another of The Cross Trainer entities, an agent, sub-contractor or third party who carries on business in another country, including one which may not have data privacy laws similar to those of the Republic. If this happens, we will ensure that anyone to whom we pass your information agrees to treat your information with the same level of protection as if we were dealing with it

10.4 If you do not wish us to disclose this information to third parties, please contact us at the contact details set out above. We may, however, not be able to provide products or services to you if you do not agree with such disclosure

11. RETENTION OF YOUR INFORMATION

11.1 We may retain your personal information indefinitely, unless you object, in which case we will only retain it if we are permitted or required to do so in terms of Applicable Laws. However, as a general rule, we will retain your information in accordance with retention periods set out in Applicable Laws, unless we need to retain it for longer for a lawful

12. ACCESS TO, CORRECTION AND DELETION OF YOUR PERSONAL INFORMATION

12.1 You have a right to object on reasonable grounds to the processing of your personal information where the processing is carried out in order to protect our legitimate interests or your legitimate interests, unless the law provides for such processing

13. COMPLAINTS

13.1 Should you believe that The Cross Trainer has utilised your personal information contrary to Applicable Laws, you undertake to first attempt to resolve any concerns with The Cross Trainer: 

Name of Private Body: The Cross Trainer

Email address: [email protected]

Street address: Frame Leisure Trading, 6th Floor Sandton City Office Tower, Sandton City Phone Number / Tel: +27 011 784 7324/5/6

13.2 If you are not satisfied with such process, you may have the right to lodge a complaint with the Information Regulator, using the contact details listed below: 

Tel: 012 406 4818

Fax: 086 500 3351

Email: [email protected]