This privacy note articulates the parameters in the collection, processing, storage, distribution and destruction of personal information by Kumon Education SA (Pty) Ltd (also known as Kumon SA) as aligned to the POPI Act, No 4 of 2013. It provides for what must and must not be done with your collected personal information that Kumon SA becomes privy. This privacy note must be adhered to by all key individuals including prospective franchisees/instructors, parents/guardians and service providers where applicable.
Kumon SA is the leading supplementary education brand in the South Africa, Botswana, Kenya, Namibia and Zambia. Kumon SA offers Maths and English study programmes for children of all ages and abilities.
Kumon SA has over 220 Study Centres across the African Countries. The structure works through a system of franchise agreements such that each Study Centre is operated by a separate franchise holder known as an “Instructor”.
Kumon SA has personal information about you because you have expressed interest in becoming a franchise holder, applied to become a franchise holder, you are an Instructor or in the process of becoming an Instructor with us.
2. Our commitment to you
Our commitment is to:
Keep personal information about you safe and private;
- Not use personal information for any purpose other than in connection with your expression of interest in becoming, a franchise holder/Instructor, or parents interested to register your child/children in one of our Centres, or any other purpose we expressly communicate to you;
- Make it easy for you to approach us if you have any concerns or questions relating to the holding of personal information;
- Not provide personal information to others save where legally required to do so, where otherwise specified in this Privacy Notice or otherwise to assist us with our tasks.
3. How information is collected from you
We may collect information from you:
- verbally (whether face to face or by telephone),
- by the completion of paper documents, or
- by electronic means such as through email or interaction with our website.
Please ensure that all personal information is accurately provided as the information which is held is only as accurate as the information provided in the first place.
If any of the personal information provided changes, please notify us as soon as possible so that the personal information can be updated.
4. What personal information will Kumon collect from you?
If you simply make an enquiry about becoming a franchise holder, we may need no more than basic contact details such that we can provide further information to you. Such details are likely to include your name, address, phone number and email address.
If you apply to become a franchise holder, in addition to the basic contact details, we will need more detailed information. This is likely to include documentation to prove your identity, such as identity document, driving license, utility bill or bank statement, etc.
We are also likely to collect vetting and financial information which may not be gained directly from you. This may include police clearance, information about convictions including spent convictions, credit checks and other financial information such as evidence of solvency, Court Judgments and information about other business interests including directorships.
We will also require information concerning your education and employment history including a CV and reference checks.
If you become a franchise holder we will retain the information referred to above and we will gather information relevant to the administration and performance of your Study Centre.
If you are a parent/guardian, and you want to register your child/children to one of our Kumon Centres, you will be directed to the Microsite of the Kumon Centre of your choice, and easily complete the “Book Assessment Form” as required on the Centre Microsite.
5. Who will Kumon SA provide personal information to?
On occasion, we may provide Kumon Institute of Education Co., Ltd. (KIE), our parent company based in Japan, with information about you and your Study Centre as necessary for fulfilling its legitimate interests. Specifically, KIE may process your information for statistical purposes and to assist it in refining and further developing (i) Instructor training and (ii) the materials and instruction techniques. No personally identifiable data is retained any longer than 36 months following the ending of a franchise agreement and the data will only be processed in a statistical manner.
We will ensure that appropriate technical and organisational measures are in place such that this data is shared with KIE in a secure way and that it is stored in a secure way.
6. What about outsourcing by Kumon SA?
It is possible that Kumon will work with other contractors to assist us with efficiently and effectively administering and running our business and providing various services. This may include:
- For IT needs including for the purposes of establishing, developing and maintaining relevant databases including the data collection system and to enable effective communication with Instructors; and,
- For purposes such as record keeping and accounting, printing and training.
In doing so, we may provide your personal information to such contractors, but we will take measures to ensure that the contractors handle your personal information securely and do not use your personal information for their own purposes. This might include the transfer of personal information outside of South Africa and if this is the case security measures will be taken to protect the integrity and security of the data.
Kumon SA will not provide personal information for use by anyone else, unless:
- We have your specific consent;
- It is necessary for health and safety reasons;
- It is necessary to comply with child protection policies and procedures or otherwise in relation to child welfare and child protection; or,
- It is necessary for complying with any other obligations or duties Kumon SA has under the law.
7. What will Kumon SA use personal information for?
Kumon may use personal information for the following purposes:
7.1 To respond to enquiries and applications and to fulfill contractual obligations:
- To respond to enquiries or expressions of interest about becoming a franchise holder;
- To consider applications to become a franchise holder. This will include consideration of suitability to take on a franchise and to work with children and undertaking verification and checks;
- To provide help and assistance to franchise holders;
- To administer the franchise arrangement;
- To consider the performance of the franchise either individually or to consider the success of Kumon as a whole;
- Dealing with other operational issues arising from the franchise agreement including disputes and complaints;
- To ensure the quality of the programmes provided;
- To direct all parents/guardians enquiries to the relevant Kumon Centres.
7.2 To ensure vital interests:
In the unlikely event of concerns about your welfare, child welfare or child protection issues, relevant information may be provided to local or public authorities.
7.3 To comply with legal duties
Again, in very rare circumstances Kumon SA may be required by child welfare or child protection issues to provide information to local or public authorities including the police.
7.4 When legitimate interests apply
This falls into the following categories:
- This may include work undertaken in refining and improving the effectiveness of the study programme and improving the student experience for the benefit of yourself, other franchise holders and Kumon, and may include research and development and using information for education, training and development purposes;
- Communicating news in relation to the Kumon operation. This might include communicating details of further career opportunities including other Kumon franchises and news about developments at Kumon or other Study Centres which may be of interest or value in operating your franchise; and
- To use your name and/or photograph in order to help promote your Study Centre, for example on Kumon’s website or your own study Centre page within the website.
Kumon will not communicate to you under this heading where there is any perceived detriment to you in receiving the communication.
If you have any concerns about Kumon processing personal information for legitimate interest purposes, please contact Kumon using the following email address: firstname.lastname@example.org.
7.5 When you consent
There may be occasions when Kumon may wish to use personal information but will not do so without your specific consent. Where consent is requested, it will be sought separately.
It is likely to be in areas such as using your name, photograph and details of your Study Centre in publicity material for Kumon generally (as opposed to your particular Study Centre) or in case studies for training purposes.
If consent is given it can be withdrawn at any time by notifying Kumon in writing or by email. This will also apply to all parents/guardians or students who are studying in our different Kumon Centres.
8. What happens if you don’t wish to provide personal information to Kumon SA?
It depends upon the nature of the intended use. If, for example, you are enquiring about potentially becoming a franchise holder, we cannot respond to your request without basic contact information. If you are applying to become a franchise holder, we need the information requested in order to consider that application.
If you are a franchise holder, we need the categories of information referred to in order to fulfill our obligations under the franchise agreement and to work effectively with you. Separate considerations apply, as outlined above, if the reason for proposed use comes under the heading of “legitimate interests”. Clearly, where consent is required we will not process personal information without that consent. This consent procedures will also apply to parents/guardians and students.
9. How long will Kumon keep personal information for?
Kumon will only retain personal information:
- For as long as necessary to fulfill the purposes it was collected for, as set out in this Privacy Notice;
- In relation to those that enquire or express interest about becoming a franchise holder but ultimately don’t become a franchise holder, we would not normally keep that information for longer than 24 months after the last communication from you;
- If you are a franchise holder, we will keep the personal information whilst you remain a franchise holder and then normally for 7 years after you have ceased to become a franchise holder. There may be occasions, for example if there is a dispute or where child protection issues arise, where we may retain the personal information for a longer period.
- In some circumstances, you have the right to request erasure of personal information held. This will be addressed below.
- Any personal information related to parents, guardians and students that are no longer required, due to the fact that the student or parent is longer a part of a Kumon Centre, hardcopies of such Personal Information will be safely and securely archived for a period of 3 months. Thereafter, it will safely be destroyed and all Personal Information held electronically on the Kumon Centre’s system will be deleted after 12 months.
10. Your rights in relation to the information held in relation to you
- Access - the right to make what is known as a Subject Access Request for a copy of the personal information which we hold about you. If you make such a request we are required, in most circumstances, to provide a copy of the personal information without charge and within 30 days.
- Correction — it is important that you keep Kumon up to date with any changes to the personal information provided. Subject to that you have the right to ask Kumon to correct or complete any inaccurate or incomplete data held about you. It is possible that evidence will be required of the new information provided.
- Erasure — you are entitled to ask Kumon to delete or remove personal information held where there is no good reason for Kumon to continue to hold it. It may not always be possible to comply with your request due to ongoing obligations in relation to the personal information. However, where this is the case you will be informed and be told of the reasons why it is not possible to comply with the request.
- Objection to processing — you may object to Kumon processing personal information. There are some circumstances in which it will not be possible to comply with your request, for example if it is necessary to process the information in connection with obligations which Kumon has, and which have been explained to you in this document. If you object to Kumon processing information which has been processed for Kumon’s legitimate interests, we won’t continue to process it for that purpose without your agreement.
- Restriction of processing — you may ask Kumon to suspend processing of personal information in the following situations:
O If you want the data accuracy to be established;
O Where the use of the personal information is unlawful, but you do not want it to be erased;
O Where you need the data to be held by Kumon in case you need it to establish, exercise, or defend legal claims; or
O You have objected to the use of the data by Kumon, but Kumon needs time to determine whether it has overriding legitimate grounds to process it.
- Request the transfer of information — sometimes rights apply to request a transfer of personal information held to other organisations. This right only applies to personal information which is processed by automated means and is held either because it was necessary for the performance of the contract with you and/or is processed based upon your specific consent.
11. Keeping personal information safe
Kumon SA has put in place appropriate security measures to prevent the personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. Access to personal information is limited to those employees and contractors who have a need to know the personal information in connection with the purposes conveyed to you and will only be processed (i) upon instructions from Kumon and (ii) in accordance with procedures put in place to deal with any suspected breach of the requirements under the POPIA. You and/or the POPI Information Officer referred to below will be notified of any potentially significant breach.
12. What happens if you want to complain?
Violations of this Policy and of POPI Act will be dealt with by Kumon Head Office first, then, if is not resolved within 30 days of reporting the breach, the Franchisee/Instructor has the right to forward the violation to the Information Regulator. A data subject who has a complaint against Kumon SA, either concerning its conduct or this Policy, may refer a complaint to the Information Regulator in terms of sections 63(3) and 74 of POPIA.
You have the right to complain to the Information Regulator. You can do this by contacting the Information Regulator’s Office directly. Full contact details including a helpline number can be found on the Information Regulator’s website (http://www.justice.gov.za/inforeg/)
- It is not anticipated that any personal information will be transferred outside of the Kumon SA, save where specifically set out in this Privacy Notice. We will notify you if this position changes.
- Kumon does not anticipate using automated decision-making in relation to the personal information provided.
- This Privacy Notice may be updated from time to time. The latest Privacy Notice will be displayed on the Kumon Public Website.
13. If you have any questions who do you ask?
Please contact Kumon SA using the details the following details:
Kumon Education SA (Pty) Ltd
132 Jan Smuts Avenue, Parkwood, 2193
PO Box 1417
Tel: 011 459 2600
Date: 19 May 2020