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Privacy Policy
About this Privacy Policy

The Privacy Policy indicated how we protect and utilize all of the personal information that is submitted and gathered in the use of the Service. The data that is gathered in this process will be protected and not abused, as EDUVSION believes that your privacy should be honoured and protected. If further sets up processes where you can contact EDUVSION to enquire about any information held, our clients, and issues that may arise during the use of any of our Services. If there are any portions of the service you find issue with, kindly contact us for clarification before engaging with the Service. Using the service will qualify as agreement to the Privacy Policy as well as with the related Terms and Conditions.

EDUVSION reserves the right to alter or update the Privacy Policy and Terms and Conditions at any time, and without notice. The Consumer has the duty to familiarize themselves with these documents and ensuring that they check the page periodically for any changes or updates. This policy takes effect on 1 July 2021. By accessing any part of the Service or providing information to us, you consent to the use and transfer of such information by us on the terms set out in this Policy.

EDUVSION endeavours to comply with all General Data Protection Regulations, and all data is stored on secure servers. No records are kept in print, nor are they accessible to any unauthorised personnel.

Interpretation of Policy
This Policy contains a number of words and phrases which should be interpreted in accordance to the meaning allocated in the Definition list below. These words will be capitalised for ease of reading and interpretation.Further reference to the interpretation will be set out in the Interpretation Guide below.

General Clauses

In this Policy, headings are for convenience of navigation, and will serve no purpose in the interpretation of any clauses.

And reference in this document to the male will include the female or neuter, and vice versa.

Any reference in this document to the singular also includes the multiple, and vice verso.

If any reference is made to a party undergoing insolvency, liquidation or sequestration or business rescue, the Policy will be extended to being applicable on the relevant liquidator or trustee.

Any Reference made to a number of days will be calculated in a similar manner as court days.

All annexures, addenda and amendments to this Policy form an integral part of this Policy and, therefore, our contract with you.

Definitions
The following words and phrases bear the meanings assigned to them below and related expressions bear corresponding meanings:

“Client” means any legal or juristic person that entered into a contract with EDUVSION for the use of the Services, typically Namibian teachers; Grade 10, 11 and 12 Namibian learners who do not have access to traditional schooling; and their parents and/or legal guardians.

““EDUVSION”, “our”, “us” and “we” means or are references to EDUVSION ONLINE LEARNING, an Incorporated Association Not For Gain (21/2020/0715) in accordance with the laws of Namibia;

“EDUVSION’s Affiliates” means any person completing work on behalf of EDUVSION in respect of whose actions EDUVSION may be held to be vicariously liable;

“Consumer” means the end users or Consumer to which EDUVSION or its products are marketed by, or that interacts with the Platform.

“Content” means all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which may be protected by copyright;

“Damages” means all losses (including, but not limited to those in respect of injury, damage to physical property or loss of life), liabilities, costs, expenses, fines, penalties, damage, damages and claims, and all related costs and expenses -including legal fees on the scale as between attorney and own client, tracing and collection charges, costs of investigation, interest and penalties;

“Data” means any information gathered be EDUVSION, which includes information provided by the Consumer and information gathered with analytic software.

“Intellectual Property” means all works, including literary works, pictorial, graphic and sculptural works, architectural works, works of visual art, and any other work that may be the subject matter of copyright protection; advertising, marketing and promotional concepts, ideas, proposals and slogans (whether or not subject to copyright); information; data; formulas; designs; models; drawings; computer programs; including all documentation, related listings, design specifications, and flowcharts; trade secrets; and any inventions, including all processes, machines, and compositions of matter, and any other invention that may be the subject matter of patent protection; and all statutory protection obtained or obtainable thereon;

“Intellectual Property Rights” means rights, whether registered or unregistered, including applications for and rights to obtain or use Intellectual Property;

“Namibian Law” means all and any laws and regulations of the Republic of Namibia;

“Party” means either EDUVSION or you as the context may indicate;

“Personal Information” means any information that can be directly linked and is unique to any Consumer;

“Policy” means this privacy policy, as periodically amended, and includes the Terms and Conditions of EDUVSION;

“Service” means the services provided by EDUVSION, which includes online classes in Mathematics, Physics, Chemistry, Biology and English as a first language to Namibian learners in Grade 10, 11 and 12 who do not have access to traditional schooling. These services use modern technology to connect teachers and learners to their counterparts in rural schools. This creates an interactive classroom teaching experience for anyone with access to a computer or smart phone; any time, anywhere.

“Terms” means the terms and conditions which govern use of the Service, as amended from time to time, as provided on this platform.

“Third Party” means a party other than the Client and EDUVSION;

“use” when used in the context of –
a website (whether it be the website affiliated with EDUVSION or a Third Party website or application), means to visit, load in a web browser or similar software application or device or otherwise engage with a website;

The Service
Any interaction with the Service is a voluntary submission of Data to EDUVSION by the Consumer. The personal information submitted will be stored and used in line with this policy. The information may be stored for an extended period of time, even after use of the Service has been terminated, or as long as statute regulates. EDUVSION will also reserve the right to use the submitted data and share the data with our Clients, as well asusing the data to optimise advertising campaigns. The Clients will contact the Consumers based off their data to market their products and services directly to the Consumer. By submitting your date to EDUVSION you agree to be contacted directly our Clients. The Data will further be used to enable EDUVSION to convey your opinions and preferences with regards to our client’s services and products. This will ensure that your concerns can be addressed.

Personal information EDUVSION collects from you
We may collect the following information:

  • information requested when registering to use or when otherwise using the Service;
  • Information submitted by your profile, including posts, activities and payments;
  • a list of the products or services you display an interest in;
  • information relating to your browser, language and device used to interact with the Platform;
  • your name and contact information, including email address and location;
  • identifiers such as your identity number or passport number;
  • billing information and payment information when purchases or payments are made;
  • information relating to your use of our customers’ products and services;
  • movement or behaviour while engaging with the website;
  • preference on receiving opted-in communications;
  • information regarding your personal or professional interests, demographics, income, age, location, experiences with our products and contact preferences in order to provide you with further correspondence about our products and services;
  • information provided via support channels;
  • We may intercept and monitor your communications; and
  • Any information by any websites or social media pages that EDUVSION manages. We may implement systems designed to intercept and monitor and record your communications in accordance with Namibian laws.

Personal information automatically collected
When you use the Service, EDUVSION automatically receives and records analytic information on our server logs from your browser or mobile platform, including your location, IP address, cookie information, and the page you requested.

EDUVSION uses this data in aggregate form and we may provide this aggregate information to our customers to indicate the collective behaviour and interests of their client base.

Consent to collect from external sources
You consent allowing EDUVSION to verify your information from multiple external sources, to ensure our data is accurate and updated frequently.

Security
EDUVSION has taken numerous precautions to ensure that all personal data submitted to us remains protected. We have cyber security software in place to ensure that your data is not shared with any unauthorised entities. The integrity of your privacy is of cardinal importance, and EDUVSION implements all reasonable measures to insure that it is never compromised. By submitting information to us you consent to our use of external security measures for your safety. You further accept that EDUVSION will not be held liable if any of these measures are compromised. If you prefer us to not subject your data to third party security, kindly contact us before submitting data.

Why we collect Data
Collecting Consumer information allows us to provide the Service for our Clients, as well as providing a better experience to the final Consumers. We track information to ensure the following:

  • Connecting the EDUVSION to the Consumer, and indicating the Consumer’s interest for a more effective product;
  • Allowing us to track Consumer activity, to simplify areas where the Consumers struggle;
  • Allowing the products and services the Client provides to be improved to fit the market;
  • To personalise the platform for the convenience of the Consumer;
  • To share with merchants and third parties to deliver the service;
  • To enhance the development of a more effective platform;
  • To enhance the feedback time between the Client and Consumer;
  • To ensure the correct products are marketed to interested Consumers;
  • To provide information on community interest:
  • To ensure that the Client services are well promoted and explained:
  • To ensure the consumers qualify for the Client’s services;
  • To assist with internal record keeping, administration and reporting;
  • To allow the Client to contact the Consumer;
  • To ensure Consumer Information is up to date;
  • To improve products and services;
  • To prevent criminal activity;
  • To allow for use in any competitions and promotions;
  • To conduct proper market research;
  • To notify Consumers and Clients of changes to products they indicated interest for;
  • To collect data that can be used for training purposes and analysis;

EDUVSION will not use any personal details for any purpose not agreed to with submission. Note that even if you delete or retract any submissions, a record of the submissions may be kept on record, we therefore recommend not sharing personal information on any part of the Platform that may be open to public view.

EDUVSION will also not use your information for mailing lists or messaging campaigns without explicit consent. You may at any stage contact EDUVSION with a written request to remove your information or to not contact you with the information provided, or to alter the method of communication.

Authorised members of EDUVSION will have access to your personal information and have the power to edit, update, modify or delete said data at their sole discretion. These members will further have access to regulate, terminate, suspend or in any other way alter your account, or reset your password or contact details or permissions on the Platform.

Direct Marketing
If you agree to direct marketing, EDUVSION will contact you directly in such a way as you agreed with regarding any relevant services, products, campaigns, competitions, promotions, launces or specials related to EDUVSION. Direct marketing will not be used unless you have explicitly opted in to such services. The Consumer also has the discretion to opt out of direct marketing at any time by a written request. All out Services, including direct marketing is subject to the relevant Terms and Conditions for the specific Services.

Third Party Services
EDUVSION also utilises third party services to link and process the information gathered. The storage and usage and security of these systems are outside of the control of EDUVSION. You can at any time contact us about these services and we will provide you with their Privacy Policies and applicable Terms and Conditions.

Cookies
Some EDUVSION Services and web pages may track and store files locally on your computer or phone. These files are called cookies, and enable us to optimise the user experience of the platform. The Consumer has full power over the cookies, and can block the saving of cookies or delete the existing cookies via the web browser used, this may however cause some of the services to not be available.

Sharing Your Information
EDUVSION will not sell or distribute private consumer information without direct consent, outside the ambit of this policy. Exceptions to this is where such disclosure is required by law, where the information must be shared to provide the Service to our Clients or third-party service providers in order to comply with our security measures or in furtherance of the Service. We can further utilize any information in any way that is compliant with the Laws of Namibia.

Personal Information
Contact EDUVSIONif you wish to update or change any personal information that is incorrect or incomplete. We will make such modification at the earliest convenience.

Storing Personal Information
By submitting information, you consent to EDUVSION storing such data indefinitely, and processing and using such information without the need to notify you, unless requested to remove such information in writing, as per the notice of take down enshrined in Section 54 of the Electronic Transaction Act of 2019.

Content License
EDUVSION holds exclusive ownership of all its content and all content that is made available to the public in relation to our Services. Such content may only be used by the Consumer subject to the revocable permission of EDUVSION. The right to use this Service or any of the published content may at any stage be revoked or cancelled, and cannot be transferred. The extent of such right is limited to the extent necessary for the Consumer to utilise the Service. Such right is a personal, revocable, worldwide, royalty-free, non-commercial, non-transferrable and non-exclusive right.
The Consumer agrees they do not acquire any further rights over the Content other than granted above.

Legal liability
Some of the provisions in this Policy serve the purpose for limiting legal liability for EDUVSION, and placing the onus on the consumer to ensure certain provisions are complied with. It is also the responsibility of the Consumer to ensure that they are familiar with all provision before actively or tacitly agreeing to this contract.

Legal Age and Capacity
You may not use the Service and may not accept this Policy if you –

lack the legal capacity to enter into a binding contract with EDUVSION;
are a person who is not permitted to access or use this Service under the laws of the country in which you are resident or from which you access the Service; or
require the consent of a guardian or parent to competently agree to this Policy and have failed to obtain that consent.
By using the Service and/or content made available through the Service (“Content”) you represent and warrant that you are of full legal age, or are emancipated or have your guardian’s consent to enter into a contract being this Policy.

The purpose of this Policy is to limit the legal exposure to EDUVSION and any of their affiliates. The onus is therefore placed on the Consumers to verify their information. This Policy does also limit a few of the right of the Consumer, the onus is on the Consumer to make sure they read and understand the Policy before submitting any information or Data. By interacting in such a manner, the Consumer admits that they understand and voluntarily agrees to the provisions held here within as well as any terms in the Terms and Conditions.

Documents and notices
All communications and notices as per this Policy and Terms and Conditions will be sent to admin@eduvisionnam.org, or the address provided under the definitions.

Indemnity
You indemnify EDUVSION from any Damages attributable to your use or miss-use of the Service.

Third Party goods, services and websites
In any such case as the Service may link the consumer to any Third Party software, services, goods or websites, the EDUVSION Terms and Conditions and Privacy Policy will apply in conjunction with any conditions supplied by the Third Party.

If the Third Party conditions conflict with this Privacy Policy or the EDUVSION Terms and Conditions, the EDUVSION policies will take president over the offending clause.

EDUVSION however does not automatically hold any relationship with any Third Party platforms, and cannot be held responsible in any form or way for the content or function of such platform, services or goods. The Consumer takes sole responsibility to familiarise and accept any terms and conditions provided by such a Third Party. The Consumer also agrees by interacting with the Service to waive any liability arising from any Third Party as far as it relates to EDUVSION, and proceeds solely at their own risk.

Disclaimer
Use of and reliance of Service is entirely at own risk. The Service is provided “As Is” and “As Available”.

EDUVSION waives all liabilities and warranties to the fullest extent permissible by the law of Namibia. EDUVSION makes no express or implied warranties or guarantees of any kind.

EDUVSION further cannot be held responsible for any information lost, leaked or corrupted. We further cannot be held responsible for any Damages arising from any cause. EDUVSION does however take all reasonable precautions to limit the possibility of such Damages occurring.

EDUVSION will also ensure that the Service is at all applicable times available and running, however, cannot be held liable in the event that such a Service is disrupted. EDUVSION cannot be held liable for any Damages resulting from interruption or unavailability of such Service for any reason.

Law and jurisdiction
EDUVSION and the Service, as well as any person interacting with the Service irrevocably subjects themselves to the law of the Republic of Namibia as in effect at the time of the interaction.
The Consumer further agrees by interaction to the jurisdiction of the High Court of Namibia situated in Windhoek, for any dispute arising from the use of this Service that cannot be resolved via mitigation.

Contact Us
If you have any queries or want to convey any suggested alterations to our site, kindly contact us at admin@eduvisionnam.org


EDUVSION Terms and Conditions

EDUVSION values and respects your privacy, and will take all reasonable measures to ensure protection of the personal data provided by the users subject to the information below.

This platform was created in to convey and communicate with customers. The purpose of this platform is to convey information to the customer, collect information on behalf EDUVSION, and assist with direct marketing and serve as a landing page for digital advertising.

By engaging with the platform the user (you) agrees to the terms and conditions below, as well as to the Privacy Policy made available. The user hereby authorises EDUVSION or an affiliates to handle and distribute their data and gives full consent to handle the user’s data in whatever way necessary. Engaging with this platform will be seen as acceptance of these terms and the declaration of the below:

“By engaging with this platform, I, the user, herebygives consent to have EDUVSION and any affiliates access my provided information and act as my agent in this matterand distribute my information as necessary. Furthermore, I consent to EDUVSION collecting my personal information from third parties or to contact me to request my personal information to complete said information.”

The user can at any stage withdraw such contacting EDUVSION in writing, as indicated in Section 54 of The Electronic Transactions Act 4 of 2019.

GENERAL

EDUVSION only grants you a temporary limited license to access the Platform. This license can under no circumstances be extended to permit any commercial or unauthorised use of the platform the contents thereof. Using, collecting or downloading any information from the Platform without written authorisation, or capturing data in any other way will be further be outside the ambit of the given licence.

Your Information

“the Platform” is an online website, which enables users to enter contact information and help EDUVSION to contact and retrieve feedback from the user. EDUVSION also relies on feedback and input from the user, and the Platform serves as a gateway for the user to provide such feedback or to make any payments as required.

 Your Privacy Rights

The use of your information and the measures taken by EDUVSION to protect your information may be found in the Privacy Policy made available, as updated from time to time.

Maintenance

EDUVSION will strive to maintain the Platform at all times, as well as alter or amend the Platform as necessary. EDUVSION will not be held liable in any way for failure of the platform. EDUVSION maintains the right to withdraw the website at any time, without notice or authorisation, and will not be liable for any damages suffered as a result of such actions.

Monitoring

EDUVSION holds the right in our sole and absolute discretion to gather analytic dataof all activity on this Platform. Any violations in terms of the Privacy Policy or Terms and Conditions may be investigated and prosecuted by EDUVSION, or any other action may be taken as deemed appropriate by EDUVSION.

Multiple Campaigns

As long as the user has opted in to digital communication from EDUVSION and its affiliates, you have agreed to the use of your information to achieve marketing objectives. The user is therefore eligible to receive marketing promotions or retargeting via any direct or indirect digital platforms, such as, but not limited to: SMS’s, e-mails, targeted advertisements, and outbound calls from us or our partner call centres. Opting out of this Service does not opt you out of other marketing campaigns or services, unless the User specifically opts out of all marketing campaigns by notifying EDUVSION at admin@eduvisionnam.org

Electronic Communications

All interaction with the Platform or emails will fall within the ambit of “Electronic Communications” with EDUVSION. Such communication will allow EDUVSION to contact the user via any method EDUVSION deems necessary or appropriate.  Such action by the User will constitute consent that all notices, agreements, disclosures and other communications provided by EDUVSION to the User electronically, satisfy any and all legal requirement that such communications be in writing, as stipulated in Section 19 of the Electronic Transaction Act 2019.

Intellectual Property

All content included on the Platform, including but not limited to, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of EDUVSION and is protected by international intellectual property laws.

The software and all relevant code was created by EDUVSION and its Affiliates, and will fall under the protection of international intellectual property laws.

The registered and unregistered trademarks, names, logos and service marks displayed on the website belong to EDUVSION. Nothing contained on the website, except as expressly stated in these terms, will be construed by the User as the granting of any license or right to use any trademark without our prior written permission. All rights in and to the content and trademarks are reserved and retained by us or our content suppliers. The User further acknowledges that EDUVSION and all Affiliates are the proprietors of all the content and trademarks on the website, whether it constitutes confidential information or not, and that the User holds no right, title or interest in any such material.

WARRANTIES

We make no representations or warranties of any kind, express or implied, as to the operation of the Platform or the information, content, materials, and/ or products included on the Platform. You expressly agree that your use of this site is at your sole risk.

To the full extent permissible by applicable laws of the Republic of Namibia, EDUVSION disclaim all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Platform, its servers, or e-mail sent from us are free of viruses or other harmful components. We will not be liable in any way for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

Neither EDUVSION, nor its members, employees, officers, suppliers, or service providers make any representations or warranties of any kind including, but not limited to, expressed or implied representations or warranties, as to the operation of the platform or the information, content, materials, nor products included on the platform. All Users expressly agree that the use of the Platform is at the sole risk of the User. In no event, shall EDUVSION, the members, employees, officers, or our suppliers or service providers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with the use of the Platform, the Service or the terms and conditions (howsoever arising, including but not limited to negligence). EDUVSION’s liability of, and that of our Members, employees, officers, suppliers, or service providers to you or any third parties in any circumstance is limited to 500.00 N$.

Promotions, Competitions and Contests

By entering into any contest or competition hosted on this Platform, the user declares that they have the legal and mental capacity to understand and agree to the Terms and Conditions in the full extent. The participant further agrees to indemnify EDUVSION from any liability related to the promotions, competitions and contests (hereinafter “the Contests”) to the full extent permissible by the law, including, but not limited to the matters below.

  • All participants must be 18 years or older;
  • EDUVSION will not be responsible or in any way responsible for any costs or fees incurred by the participant in entering the Contests, and will not refund any such costs.
  • EDUVSION shall not be liable for any Damages resulting as a result of participation, nor shall they be held liable for any claims resulting from circumstances beyond their control, or caused by Force Major. EDUVSION holds the right to alter the terms of, duration and prises of the Contests at any time without any prior notice due to any unforeseen circumstances or unknown legal implications that may be brought to the knowledge of EDUVSION without incurring any liability by such actions;
  • Unauthorised use of any creatives or information used in the contests shall incur both civil and criminal liabilities, and EDUVSION will not be held liable to any claims made by any unauthorised person or Third-Party;
  • EDUVSION will not be liable for any Tax implications from claiming prizes;
  • EDUVSION will have full and final decision on any dispute resulting from the Contest or any aspect thereof, such decision shall be binding, final and not be open to any challenge, review or legal proceedings;
  • No member of EDUVSION, their Affiliates nor any member of their family will be eligible to enter into any Contest on the Platform, nor will they be able to claim prizes.
  • All participants agree by entering into the Contests that EDUVSION may use in their own discretion any information provided by the winner of the Contests to display or use in Advertising campaigns relating to the Contests. This includes, but is not limited to statements, photos, videos, names, personal details and images of their likeness, to the full extent permissible by the law, and will retain the full right to use such information;
  • EDUVSION will be held harmless for any other fees that may arise, including any legal fees incurred.
  • Prises can be abandoned or repudiated; but cannot be transferred, exchanged or substituted or in any other way awarded except in the way prescribed by EDUVSION;
  • The winner of the Contests may be required to complete any necessary and related legal documentation prescribed by EDUVSION before the prize can be handed over to the winner of the same;
  • All participants have the duty to familiarise themselves with any and all additional terms, policies or links provided by EDUVSION, or any Third Party provided terms and policies before entering the Contests.
  • The participants hereby acknowledges that EDUVSION will run and administer the Contests, and any sponsors or endorsements cannot be held liable for the administration thereof, not will EDUVSION be held liable for failure or non-performance of any sponsors or endorsements.

Use of Platform

This Platform may exclusively be used to browse, retrieve information, and submit legitimate accurate information. This Platform may only be used if you are 16 years of age or older. No other use of this website is permitted. This website may also not be duplicated. Any unauthorised use of the content on this Platform is not allowed, and may be in contradiction to the Law of Namibia, or applicable copyright, trademark or intellectual property legislation.

If EDUVSION finds out that any person using the Platform is under the age of 16, such user and any personal information of such a person will be deleted from the service as soon as reasonably possible. If the parent or guardian of any such parent becomes aware that personal information has been shared on the Platform, the onus rests on such parent or guardian to notify EDUVSION immediately.

Law

The Terms will be exclusively governed by and construed in accordance with the laws of the Republic of Namibia, whose courts will have exclusive jurisdiction in any dispute.

DISCLOSURES

Our full name and legal status: EDUVSION ONLINE LEARNING INCORPORATED ASSOCIATION NOT FOR GAIN (21/2020/0715)

Street address: C/O Bahnhof & Hage Geingob Street, Otjiwarongo, Namibia

Main business: Online Learning

Website address: www.eduvisionnam.org/

Official email address: admin@eduvisionnam.org

Contact Us
If you have any queries or want to convey any suggested alterations to our site, kindly contact us at admin@eduvisionnam.org

Eduvision