privacy policy

Last Updated: 16 January 2022

Snowy Mountain Endurance (Pty) Ltd (“SME”) is committed to protecting and respecting your privacy. We strive to ensure that our use of your Personal Information is lawful, reasonable, and relevant to our business activities, with the ultimate goal of improving our Services and your experience.

This Snowy Mountain Endurance (Pty) Ltd Privacy Policy (“Privacy Policy”) describes how we will treat your Personal Information, whether provided by ou to us or collected by us through other means when you engage with us, in your regular use of our services, or in accessing our website (the “Website”).

This Privacy Policy must, as is appropriate, be read together with SME’s Website Terms of Use (the “Terms”) and any other documents or agreements between SME and you (the “Agreements”) that describe how we, in specific circumstances, collect or process Personal Information about you. Please read this Privacy Policy carefully.

We have appointed an Information Officer who is responsible for overseeing questions in relation to the Privacy Policy. You may contact our Information Officer at privacy@snowymountain.run to discuss this Privacy Policy or your rights under data protection legislation that is applicable to you.

This Privacy Policy has been created in accordance with the Consumer Protection Act, 68 of 2008, the Protection of Personal Information Act, 4 of 2013 (“POPIA”), and such other laws.

By using our Service, you agree to the collection and use of information in accordance with this Privacy Policy. If you are concerned about any aspect of this Privacy Policy as it relates to your Personal Information, please do not continue to engage with us, use our Website or our products and services.

interpretation

The words in which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or plural.

definitions

For this Privacy Policy:

“Access Device” means any device that can access the Service, such as a computer, a mobile phone, or a digital tablet.
“Account” means an individual user account created for you to access our Service or parts of our Service.
“Cookie” is a small piece of data (an alphanumeric identifier) that our computer system transfers to your Access Device by your web browser, containing the details of your browsing history on that website, allowing it to recognise your browser, among its many uses. Cookies are stored in your web browser and may contain user preferences and other information.
“Country” refers to South Africa
“Personal Information” is any private information related to an identifiable living natural person or, where applicable, an identifiable existing juristic person. Personal Information does not include information that does not identify you (including instances where that information has been de-identified so that it does not identify a person).
“Processing your Personal Information” refers to the collection, receiving, recording, organising, collating, storage, updating, retrieving, reading, using and sharing of your Personal Information in the ways set out in this Privacy Policy.
“Service” refers to running coaching, events, merchandise, or contest offered on the Website.
“Service Provider” means any natural or legal person who processes the data on behalf of SME. It refers to third-party companies or individuals employed by SME to facilitate the Service, provide the Service on behalf of SME, perform services related to the Service, or assist SME in analysing how the Service is used.
“Special Personal Information” refers to details about your religious or philosophical beliefs, race or ethnic origin, trade union membership, political persuasion, health or sex life, biometric information or information about your criminal offences or convictions.
“SME” (referred to as either “the Company”, “we”, “us” or “our” in this Privacy Policy) refers to Snowy Mountain Endurance (Pty) Ltd
“Usage Data” refers to data collected automatically, either generated using the Service or from the Service infrastructure itself (for example, the duration of a page visit).
“Website” refers to Snowy Mountain Endurance (Pty) Ltd accessible from https://www.snowymountain.run.
“You” refers to the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

what is personal information

While using our Service, we may ask you to provide SME with certain personally identifiable information that can be used to contact or identify you.

Personally identifiable information may include, but is not limited to:

Identity Information, which includes information concerning your name, username or similar identifier, marital status, title occupation, interests, date of birth, gender, race and legal status.
Contact information, which includes your billing addresses, delivery addresses, e-mail addresses and telephone numbers.
Location Information, which includes geographical information from your Access Device (which is usually based on the GPS or IP location);
Marketing and Communications Information, which includes your preferences in respect of receiving marketing information from our third parties and us, and your communication preferences.
Technical Information, which includes your internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the Access Devices you use to access the Website or to use our Services or engage with us.
Transaction Information, which includes emails exchanged with SME, and details about payments made to or received from you.
Usage Information, which includes information as to your access to and use of the Website and Services, such as which links you went to, what content you accessed, the amount of content viewed and the order of that content, as well as the amount of time spent on the specific content and what Services you access and use when engaging with SME.

special personal information

In certain circumstances, by engaging with SME, we may collect certain Special Personal Information about you.

The processing of Special Personal Information requires higher levels of protection. SME will not process such Special Personal Information without further justification. SME has implemented appropriate policies and safeguards which we are required by law to maintain, to process Special Personal Information.

We will generally not process particularly Special Personal Information about you unless it is necessary for establishing, exercising or defending a right or obligation in law or where we have obtained your consent to do so. On rare occasions, there may be other reasons for processing your Special Personal Information, such as where the information has been deliberately made public by you.

collecting your personal information

We collect your Personal Information in the following ways:

Direct or active interactions with you
Automated or passive interactions with you

Direct or active collection from you

We may require that you submit certain information to:

Enable you to access portions of the Website.
Subscribe to our newsletter.
Request marketing or information about our events to be sent to you.
Apply for job opportunities.
Make contact with our employees.
Obtain basic contact information and product requirements using our online form.
Enable you to facilitate the conclusion of an agreement with us.
Fulfill our statutory or regulatory obligations.

We also collect Personal Information directly from you when you communicate directly with us, for example, when you complete certain application forms, via e-mail, telephone calls, giving us your business card, or using our online contact form on our Website.

When you leave a comment on our Website we collect the data shown in the comments form, and also your IP address and browser user agent string to help spam detection.

If you upload images to our Website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to our Website can download and extract any location data from these images.

If you contact us, we reserve the right to retain a record of that correspondence in accordance with applicable data protection legislation, which may include Personal Information.

Automated or passive collection from you

We may passively collect some Personal Information from the Access Device that you use to access and navigate the Website, using various technological applications, such as server logs to collect and maintain log information.

We use Cookies and similar tracking technologies to track the activity on our Service and store certain information. These anonymous identifiers enable our computer system to recognise you when you revisit the Website to distinguish you from other users and improve our service. Tracking technologies used are beacons, tags, and scripts to collect and track information and enhance the content of the Website, make it more user-friendly, and give you a more personalised experience.

If you visit our login page, we will set a temporary Cookie to determine if your Access Device web browser accepts Cookies. This cookie contains no personal data and is discarded when you close your browser.

We will also set up several cookies to save your login information and your screen display choices when you log in. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

You may disable the use of Cookies by configuring your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, please note that some parts of the Website will not function properly if you refuse Cookies, and you may not be able to enjoy all of the website’s features and functionality.

The Personal Information that we passively collect from your Access Device may include your Identity Information, your contact information, your technical information, your profile information, your usage information, your location information and your marketing and communications information, or any other Personal Information which you permit us, from time to time, to collect from your Access Device passively.

using your personal information

We use your Personal Information for the following purposes:

To provide and maintain our Service to our clients.
To manage your account as a user of the Service.
For the performance of a contract.
To comply with our regulatory reporting obligations.
To comply with our statutory obligations, including client identification and verification as part of our FICA obligations.
To conduct the recruitment and hiring processes, including conducting criminal record and credit checks (where appropriate), capturing a job applicant’s details, and providing status updates to job applicants.
To maintain and improve the Website and to improve the experience of our Website users, including by requesting feedback from our Website users on our Services.
To retain and make information available to you on the Website.
To maintain and update our client or potential client databases.
To establish and verify your identity on the Website.
To operate, administer, secure and develop the Website and its performance and functionality.
To detect, prevent or manage actual or alleged fraud, security breaches or the abuse, misuse or unauthorised use of our systems and files, the Website and contraventions of this Privacy Policy and the Terms and the Agreements.
To inform you about any changes to the Website, this Privacy Policy or other changes that are relevant to you.
To create user profiles, compile and use statistical information (including non-personal information) about you and other users and their access to the Website and to analyse and compare how you and other users make use of the Website, including (without limitation) their browsing habits, click-patterns, preferences, frequency and times of use, trends and demographic information including recommendations to users and tailoring information and content for users.
To offer you information and content that is more appropriately tailored for you as reasonably possible.
To provide you with the latest news about our Services, special offers, and general information about other products, services, and events that we offer that are similar to those you have already purchased or enquired about unless you have opted not to receive such information.
To manage your requests.
For security, administrative and legal purposes.
For client relations purposes, including storing clients’ marital status and birthdates.
To communicate with you and retain a record of our communications with you and your communications with us.
To fulfil any contractual obligations we may have to you or any third party.
To analyse and compare the types of Access Devices that you and other users use and your physical location.
For other activities and purposes that are lawful, reasonable and adequate, relevant and not excessive in relation to the provision of our services and the use of the Website, our business activities or other purposes for which it was collected. These other purposes may include data analysis, identifying usage trends, determining our promotional campaigns’ effectiveness, and evaluating and improving our service, products, services, marketing, and your experience.

disclosure of your personal information

We may share your Personal Information in the following situations:

With Service Providers to monitor and analyse the use of our Service, to contact You.
For business transfers, we may share or transfer your Personal Information in connection with, or during negotiations of, any merger, acquisition or asset sale, financing, or acquisition of all or a portion of our business to another company. We will provide notice before your Personal Information is transferred and becomes subject to a different Privacy Policy.
With Affiliates, we will require those affiliates to honour this Privacy Policy. Affiliates include any other subsidiaries, joint venture partners, or companies that we control or are under common control.
With business partners to offer you certain products, services or promotions.
When you share Personal Information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
With law enforcement, if required by law or in response to valid requests by public authorities (e.g. a court or a government agency).
With Your consent.

SME may disclose your Personal Information in good faith that such action is necessary to:

Comply with a legal obligation.
Protect and defend the rights or property of SME.
Prevent or investigate possible wrongdoing in connection with the Service.
Protect the personal safety of users of the Service or the public.
Protect against legal liability.

transfer of your personal information

Your information, including Personal Information, is processed at SME’s operating offices and in any other places where the parties involved in the processing are located. This information may be transferred to, and maintained on, computers outside your state, province, country or other governmental jurisdiction where the data protection laws may differ from those in your authority.

Your consent to this Privacy Policy and your submission of such information represents your agreement to that transfer.

SME will take all steps reasonably necessary to ensure that your Personal Information is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Information will take place to an organisation or a country unless there are adequate controls in place, including the security of your data and other Personal Information.

retention of your personal information

We store your Personal Information on:

our premises, in the form of hard copies locked in an archive room or files, kept in designated areas and only accessibly to authorised SME employees;
our servers and computers which are password protected;
on the servers of our third-party service providers, such as cloud hosting and storage service providers.

SME will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period, except when this data is used to strengthen the security or improve the functionality of our Service or we are legally obligated to retain this data for more extended periods.

security

We take reasonable technical and organisational measures to secure the integrity of your Personal Information and use accepted technological standards to prevent unauthorised access to or disclosure of your Personal Information and protect your Personal Information from misuse, loss, alteration and destruction.

We review our information collection, storage and processing practices, including physical security measures periodically, to ensure that we keep abreast of good practice.

Despite the above measures being taken when processing Personal Information and Special Personal Information, as far as the law allows, we will not be liable for any loss, claim and/or damage arising from any unauthorised access, disclosure, misuse, loss, alteration or destruction fo your Personal Information and/or Special Personal Information.

SME has implemented best practices to address actual and suspected data breaches and undertakes to notify you and the relevant regulatory authorities of breaches in instances in which SME is legally required to do so and within the period in which such notification is necessary.

maintenance

Where required by law, SME will take all reasonable steps to ensure that your Personal Information is accurate, complete, not misleading and up to date.

We acknowledge that you may have rights of access to, and the right to rectify, your Personal Information and rights to object to the processing of your Personal Information in certain circumstances.

You must let us know if any of the Personal Information we have about you is incorrect, incomplete, misleading or out of date by notifying us at privacy@snowymountain.run or, where applicable, by informing your SME contact.

Where required by law, we will take reasonable steps to correct or update your Personal Information accordingly, having regard to the purpose for which such Personal Information was collected or used.

children's privacy

The Website and our services are not targeted at people under the age of 18. We may, in limited instances, process Personal Information of children including in the course of providing services to you. In such cases, the processing of children’s Personal Information is conducted with the consent of a competent person or to comply with an obligation in law.

We will not knowingly collect Personal Information of persons in this age group without express consent or without a legal obligation to do so.

direct marketing

SME processes Personal Information for direct marketing by way of electronic communication. We will only send you direct marketing materials if you have specifically opted in to receive these materials or a client of SME at all times in accordance with applicable laws.

If you complete the subscription form on the Website, you agree to receive marketing communication from us.

You may refuse to accept, require us to discontinue or pre-emptively block any approach communication from us if that approach or communication is primarily for direct marketing.

You may opt-out of receiving direct marketing communication from us at any time by requesting us (in any manner, whether telephonically, electronically or in writing) to stop providing any direct marketing communication to you. You may send your opt-out request to privacy@snowymountain.run.

links to third party websites

Our Service may contain links to other websites that we do not operate. This Privacy Policy does not apply to the websites of any other parties or the applications, products or services such websites advertise and which may be linked to our Website, or websites that link to or advertise on our Website.

We are not responsible for the privacy practices of such third-party websites, or for any claims, loss or damage arising from these.

We advise you to read the privacy policy of each third-party website and decide whether you agree to their privacy practices and procedures, as these third-party websites may be collecting or sharing your Personal Information and Special Personal Information.

changes to our privacy policy

We may update this Privacy Policy from time to time in our sole discretion, without notice, provided that if we do so, we will post the revised policy on the Website and we will take reasonable practicable stepts to inform you of the updated Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when posted on this page. If you continue to engage with us or access or use the Website and services after amendments are made to the Privacy Policy and displayed on this Website, you will be deemed to have accepted the updated Privacy Policy.

queries and contact details of the information regulator

Should you feel that your rights in respect of your Personal Information have been infringed, please address your concerns to the Information Officer at privacy@snowymountain.run. If you feel that the attempts by SME to resolve the matter have been inadequate, you may lodge a complaint with the South African Information Regulator by accessing their website at www.justice.gov.za/inforeg.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when posted on this page.