Who we are
Our website address is: https://positiveminddynamics.com. Positive Mind Dynamics & PMD Counselling respects the User’s privacy and is committed to protecting it. Positive Mind Dynamics & PMD Counselling has a legal duty to protect any Personal Information or data collected from the User. This Privacy Policy sets out the ways in which the User’s Personal Information is obtained and stored by Positive Mind Dynamics & PMD Counselling, and the conditions under which Positive Mind Dynamics & PMD Counselling may use that data and information.
Comments
When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.
An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.
Media
If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.
Cookies
If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.
If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
When you log in, we will also set up several cookies to save your login information and your screen display choices. 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.
If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.
Embedded content from other websites
Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.
Who we share your data with
If you request a password reset, your IP address will be included in the reset email.
How long we retain your data
If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.
For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.
What rights you have over your data
If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
Where your data is sent
Visitor comments may be checked through an automated spam detection service.
Terms & Conditions
“User” means the person using the Platform;“User” means the person using the Platform;
“Platform” means the online counselling services platform developed by Positive Mind Dynamics & PMD Counselling and implemented to enable Counsellors, Coaches & Consultants to provide the Services to Clients, found at www.positiveminddynamics.com;
“Terms and Conditions” means the terms and conditions in respect of the Platform, contained on the Platform;
CONDITIONS OF USE
The User may not assign, transfer, or sublicense the rights afforded to the User in terms of this Privacy Policy or the Platform Terms and Conditions, and the User accordingly agrees not to provide access to any other person, or provide his/her account details to any such other person.
The User may not use the Platform’s relevant communication facilities for purposes of unsolicited communications or spam, or to send or publish any Content that is in violation of any law or that is obscene, defamatory, racist, or offensive of nature or may result in the infringement of any person’s Intellectual Property rights.
The User agrees to treat all Content and information on the Platform as confidential, and not to share any such Content or information with any person other than on the Platform without the relevant Party’s express consent, if applicable.
SECURITY
Positive Mind Dynamics & PMD Counselling does not warrant that the Platform is completely secure, although it shall use all reasonable endeavours to keep any Personal Information safe.
In order to provide adequate security to all Users of the Platform and to monitor activities prohibited under law the User hereby agrees to Positive Mind Dynamics & PMD Counselling appointed service providers’ right to intercept, monitor, block, read, delete, or access all data sent to the Platform or any other communication facility provided by Positive Mind Dynamics & PMD Counselling.
Positive Mind Dynamics & PMD Counselling cannot guarantee that documents or files downloaded from the Platform (if applicable) will be free from viruses and Positive Mind Dynamics & PMD Counselling does not accept any responsibility for any damage or loss caused by any virus. The User must use virus-checking software when using the Platform and when uploading or downloading any Content. The User agrees not to upload any file that may contain a virus to the Platform. The User hereby indemnifies Positive Mind Dynamics & PMD Counselling and its service providers and affiliates against any possible damages, expenses, or losses as a result of delivering computer programs or any other code that may damage the Platform, infrastructure, or the service provider’s infrastructure.
USERNAMES AND PASSWORDS
Each User shall receive a username and password to log in to the
Platform and associated database(s). The User hereby undertakes to keep
the username and password secure and warrants that no third party shall
use the password to access the Platform.
The User further acknowledges that it is responsible for ensuring
that no unauthorised access to the Platform is obtained using its
username and password.
he User will be liable for all activities conducted via the User’s account, whether authorised by the User or not.
Positive Mind Dynamics & PMD Counselling has the right to deny the User access to the Platform at any time at its sole discretion.
PERSONAL INFORMATION
The User hereby agrees that by submitting Personal Information using the Platform, the User consents to the processing of Personal Information submitted to Positive Mind Dynamics & PMD Counselling in accordance with this Privacy Policy.
Use of Personal Information
– Personal Information submitted on the Platform or by any other communication will be used for the purposes specified herein.
– The User hereby consents to the use of his/her Personal Information to allow Positive Mind Dynamics & PMD Counselling to
– administer the Platform;
– improve User experience by personalising the Platform;
– carry out obligations arising from any contracts entered into between the User and Positive Mind Dynamics & PMD Counselling, insofar as it is applicable;
– allow participation in interactive features of the services provided; – notify the User about changes to the services provided; 5.5.2.6. send the User email notifications as requested by the User;
– provide the User with information, products and services relating to the information, products or services of Positive Mind Dynamics & PMD Counselling, which Positive Mind Dynamics & PMD Counselling thinks may be of interest, by email or similar technology. The User is entitled to inform Positive Mind Dynamics & PMD Counselling at any time if the User does not wish to receive such communication;
– provide third parties with statistical information about the Platform users, which information will not include Personal Information;
– contact emergency services with the necessary Personal Information of a User making use of counselling services provided through the Platform, insofar as Positive Mind Dynamics & PMD Counselling reasonably believes is required;
– deal with inquiries and complaints made by or about a User relating to the Platform; and
– use the information for such other things as may be required by Positive Mind Dynamics & PMD Counselling, or may be ancillary to, the administration of the Platform or the provision of its services.
– For the avoidance of doubt, any Personal Information provided to a Counsellor during a Session is not provided to Positive Mind Dynamics & PMD Counselling, and the use of such Personal Information is the responsibility of the Client and the Counsellor.
– It is the User’s responsibility to obtain the necessary consent from a third party prior to submitting a third party’s Personal Information to the Platform, and the User accordingly warrants that any such consent has been obtained in respect of any Personal Information uploaded by the User.
– Positive Mind Dynamics & PMD Counselling shall not share information about the User unless Positive Mind Dynamics & PMD Counselling, in accordance with clause herewith contained
– has received permission from the User; or
– has removed the User’s Personal Information from it.
– Positive Mind Dynamics & PMD Counselling stores Personal Information and other data for as long as it is necessary to provide products and services to the User and others, including those described above. Personal Information will be destroyed once it has become obsolete unless Positive Mind Dynamics & PMD Counselling is required to retain it in terms of any applicable laws.
Disclosures
– Positive Mind Dynamics & PMD Counselling may disclose information about the User to any of its employees, officers, agents, suppliers, or subcontractors insofar as reasonably necessary for the purposes as set out herein.
– In addition, Positive Mind Dynamics & PMD Counselling may disclose information about the User – to the extent required to do so by law;
– in connection with any legal proceedings or prospective legal proceedings;
– in order to establish, exercise or defend its legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk); and
– to the purchaser (or prospective purchaser) of any business or asset, which Positive Mind Dynamics & PMD Counselling contemplates selling, to the extent required.
– Occasionally third parties may provide information processing services to Positive Mind Dynamics & PMD Counselling. In those circumstances those third parties shall be required to enter into a non-disclosure agreement or any other agreement with reference to the protection of Personal Information on no less stringent terms than those found herein, and to process and protect a User’s Personal Information in accordance with Positive Mind Dynamics & PMD Counselling’s instructions.
Notification of a Personal Information security breach
– Positive Mind Dynamics & PMD Counselling shall –
– notify the User in writing, immediately if it becomes aware or has reasonable grounds to believe that the Personal Information of a User has been accessed or acquired by an unauthorised person, and take all appropriate steps to limit the compromise of Personal Information and to restore the integrity of the affected information systems as quickly as possible;
– as soon as reasonably possible thereafter, engage with any persons who may be appointed by Positive Mind Dynamics & PMD Counselling to discuss the security breach, report all relevant facts relating to the compromise and steps to be taken to mitigate the extent of the compromise and loss occasioned by the compromise; and
– provide the User with details of the Personal Information affected by the compromise, including but not limited to, the nature and extent of the compromise, and, where possible, details of the identity of the unauthorised person/s who are known to or who may reasonably be suspected of, having accessed, or acquired the Personal Information.
– Immediately upon notifying the User as set forth in clause contained herein, Positive Mind Dynamics & PMD Counselling shall –
– take all necessary steps to mitigate the continuation of the compromise, the repetition of a similar compromise, and mitigate the extent of the loss occasioned by the compromise of the Personal Information;
– implement all measures reasonably necessary to restore the integrity of Positive Mind Dynamics & PMD Counsellings information system; and
– notify all affected Users.
USER’S RIGHTS
– The User has the right to decide which Personal Information is kept about the User. Positive Mind Dynamics & PMD Counselling shall provide the User with via an online appointment confirmation whether or not it holds Personal Information about the User and with further details regarding the Personal Information so hold (if applicable) in accordance with Positive Mind Dynamics & PMD Counselling’s Promotion of Access to Information manual. If the User is concerned that any of the information so held is incorrect, please contact Positive Mind Dynamics & PMD Counselling immediately. The User is further entitled to request that any such information be deleted or the use thereof restricted.
– The User is entitled to instruct Positive Mind Dynamics & PMD Counselling not to utilise the User’s Personal Information for direct marketing purposes or in any further manner by emailing Positive Mind Dynamics & PMD Counselling at any time or contacting Positive Mind Dynamics & PMD Counselling at the contact details set out in the Terms and Conditions.
CONTACT
If the User has any questions about the treatment of its Personal Information, the User can contact Positive Mind Dynamics & PMD Counselling by using the contact details set out in the Terms and Conditions.
POLICY AMENDMENTS
Positive Mind Dynamics & PMD Counselling may update this Privacy Policy from time to time by posting a new version on the Platform. Positive Mind Dynamics & PMD Counselling shall inform the User of any such changes and ensure that the latest version is uploaded to the Platform at all times
General
Positive Mind Dynamics & PMD Counselling shall –
– only process Personal Information in accordance with the applicable laws and in terms of this Privacy Policy;
– not disclose or otherwise make available the Personal Information to any third party (including sub-contractors and staff) other than authorised personnel or third parties who require access to such Personal Information strictly in order for Positive Mind Dynamics & PMD Counselling to operate the Platform or to provide services to the User unless the User has provided
its prior written permission to do so to Positive Mind Dynamics & PMD Counselling; this excludes Corporates or business who have paid for the Users sessions.
– ensure that all persons that have access to the Personal Information are bound by appropriate and legally binding confidentialityand non-use obligations in relation to the Personal Information; and
– take appropriate, reasonable, technical, and organisational measures to ensure that the integrity of the Personal Information in its possession or under its control is secure and protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure, or access.
– Information collected by Positive Mind Dynamics & PMD Counselling
The User agrees that Positive Mind Dynamics & PMD Counselling may collect, store, and use the following information –
– information about the User’s computer and about the User’s visits to and use of the Platform (including but not limited to the User’s internet protocol address, geographical location, browser type, referral source, length of visit and number of page views);
– information that the User provides voluntarily for the purpose of registering on the Platform and maintaining its profile in order to provide or receive counselling services (including but not limited to username, password, first name, last name,identity number, physical address and email address);
– any other information that the User chooses to input on the Platform, including but not limited to information processed after login on the Platform or information submitted through the Platform; and
– information that other users share about the User.
COMPLAINTS
Users may use the email address contained in the Terms and Conditions to lodge applicable complaints or concerns in respect of this Privacy Policy.
APPLICABLE AND GOVERNING LAW
This Privacy Policy shall be governed by and interpreted in accordance with the laws of the Republic of South Africa, which shall have exclusive jurisdiction over any disputes.
We recommend that the User prints out a copy of this Privacy Policy for future reference.