Privacy Policy

  • PRIVACY POLICY FOR MICHELLE SMITH EDUCATIONAL PSYCHOLOGIST
    LAST UPDATED: OCTOBER 15, 2024

  • This privacy policy sets out the way we gather, use, and disseminate information obtained from you through your use of our website (www.michellesmitheducationalpsychologist.com). It also explains your rights and choices regarding your personal information.

    Your personal data is used to provide and improve the website. By using the website, you agree to the collection and use of information in accordance with this privacy policy. If you do not agree with any term of this privacy policy, you must cease your access and use of this website immediately.

  • 1.1. “Business” means the professional psychology practice of Michelle Smith Educational Psychologist ( located at 10 Werda Street, Durbanville, Cape Town, 7550);
    1.2. “Contact details” means michellesmith.edpsych@gmail.com(the email address where I can be contacted for any purpose pertaining to this privacy policy);
    1.3. “Cookies” refer to small files that are placed on your computer, mobile device, or any other device by a website, containing the details of your browsing history on that website among its many uses.
    1.4. “Country” refers to South Africa.
    1.5. “Device” means any device that can access the website such as a computer, a cell phone, or digital tablet;
    1.6. “Personal information” or “Personal data” means any information relating to an identifiable or identified person (natural or legal) as defined in the Protection of Personal Information Act, 4 of 2013;
    1.7. “Processing” means the creation, generation, communication, storage, destruction of personal information as defined in the Protection of Personal Information Act, 4 of 2013;
    1.8. “Service provider” means any natural or legal person who processes the data on behalf of the business. It refers to third-party companies or individuals employed by the Business to facilitate the website, to provide the website on behalf of the Business, to perform services related to the website or to assist the Business in analysing how the website is used;
    1.9. “Usage data” refers to data collected automatically, either generated using the website or from the website infrastructure itself (e.g., the duration of a page visit);
    1.10. “Website” means the website of Business Michelle Smith Educational Psychologist, accessible from URL
    www.michellesmitheducationalpsychologist.com;
    1.11. “We”, “us”, “our”, or “I” means the Business and/or myself, Michelle Smith; and
    1.12. “You” or the “user” means any person who accesses and browses the website, or the Business, or other legal entity on behalf of which such individual is accessing or using the website as applicable.

  • 2.1. By providing your personal information to the business, you acknowledge that it has been collected directly from you and that you consent to its processing by the business and the relevant service providers who assist the business with monitoring and analysing the use of the website.
    2.2. If you are providing personal information regarding a minor, you specifically consent that we may retain and process such personal information and warrant that you are entitled to provide us with such personal information.
    2.3. Three types of data are collected via the website:
    • Personal data: Personal information is collected from you when you voluntarily provide it to us via a submission form for example. This information can include your first name, last name, address, phone number, email address, usage data and any other information you choose to provide through contact forms or when you communicate with us. This
    information can be used to identify and/or contact you.
    • Usage data: Usage data is automatically collected from you when you use our website. It may include information like your device’s Internet Protocol address (IP address), browser type, browser version, operating system, referring website, pages visited, and the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.  When you access the website by or through a mobile device, we may collect certain information automatically, including, but not limited to, the type of mobile device you use,  your mobile device unique ID, the IP address of your mobile device, your mobile operating  system, the type of mobile internet browser you use, unique device identifiers and other diagnostic data. We may also collect information that your browser sends whenever you visit our website or when you access the website by or through a mobile device.
    • Information obtained through tracking technologies and cookies: We may use standard technology to collect information about the use of our website. This technology is not
    able to identify individual users but simply allows us to collect statistics. We may utilize temporary or session cookies to keep track of users’ browsing habits. A cookie is a small file placed on your device to keep a record of your interaction with this website and facilitate user convenience. Cookies by themselves will not be used to identify users personally but may be used to compile identified statistics relating to the use of services offered or to provide us with feedback on the performance of our website. Information that may be collected in respect of users who have enabled cookies includes the browser software used, IP address, date and time of activities while visiting the  website, URL’s of internal pages visited, and referrers. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some parts of our website service. Unless you have adjusted your browser setting so that it will refuse cookies, our website service may use cookies.
    Web beacons: Certain sections of our website and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the business, for example, to count users who have visited those pages or opened an email and for other related website statistics (e.g., recording the
    popularity of certain section and verifying system and sever integrity).
    2.4. Where personal information and/or personal data are obtained via the website, in the various ways stated above, the following principles are observed in the processing of that information:
    2.4.1 We shall only collect personal information or personal data for a purpose consistent with the purpose for which it is required (some examples include to attend to and manage your requests to us, to assist with data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our website, services, marketing and your experience, etc.) The specific purpose for which information is collected will be apparent from the context in which it is requested;
    2.4.2 We shall only process personal information in a manner that is adequate, relevant, and not excessive in the context of the purpose for which it is processed;
    2.4.3 Personal information and/or personal data will only be processed for a purpose compatible with which it was collected, unless you have agreed to an alternative purpose
    in writing, or we are permitted in terms of national legislation of general application dealing primarily with the protection of personal information;
    2.4.4 We shall keep records of all personal information collected only for as long as it is necessary for the purposes set out in this privacy policy or as might otherwise be
    stipulated by legislation. We will also retain usage data for internal analysis purposes. This type of data is usually retained for a shorter period of time, except when this data is
    used to strengthen the security or improve the functionality of the website, or we are legally obligated to retain this data for a longer time period;
    2.4.5 We shall not disclose any personal information relating to you to any third-party unless your prior written agreement is obtained, or if we are required to do so by law;
    2.4.6 If information is released with your consent, we shall retain a record of the information released, the third-party to which it was released, the reason for the release, and the date of the release for a period of 1 (one) year from the date on which it was last used; and
    2.4.7 We may, in accordance with the Electronic Communications and Transactions Act, 25 of 2002, use personal information collected to compile profiles for statistical purposes. No information contained in the profiles or statistics will be able to be linked to any specific user.

  • We may use the information we collect for the following purposes:
    3.1. Provision of services
    We may use your personal information to provide you with the services you request, such as responding to your inquiries, scheduling appointments, or delivering relevant content.
    3.2. Improvements and Analytics
    We use the information collected to understand and analyse user preferences, trends, and patterns. This helps us improve the functionality and performance of our website, tailor content to users’ interests, and enhance overall user experience.
    3.3. We may use and disclose your personal information to comply with applicable laws, regulations, legal processes, or enforceable government requests. We may also disclose information if we believe it is necessary to investigate, prevent, or take action regarding legal activities, suspected fraud, or to protect the rights, property, or safety of the business, its users, or others. 

  • We do not self or rent your personal information to third parties, however we may share your information in the following circumstances:
    4.1. Service providers
    We may engage trusted third-party service providers to assist us in operating and managing our website or provide specific services on our behalf. These service providers are contractually obligated to protect your information and can only use it for the purposes specified by us.
    4.2. Legal obligations
    We may disclose your information to comply with legal obligations, such as responding to a court order, subpoena, or other lawful requests for information we receive. Additionally, disclosure can occur to protect and defend the rights or property of the business, prevent or investigate possible wrongdoing in connection with the website, protect the personal safety of users of the website or the public, and/or to protect against legal liability.

  • 5.1. The security of your personal information and/or data is important to us, but please remember that no method of transmission over the internet, or method of electronic storage is 100% secure. While we take all reasonable and commercially acceptable measures to ensure the security and integrity of information submitted to or collected by this website, we cannot guarantee its absolute security and cannot under any circumstances be held liable for any loss or other damage sustained by you because of unlawful access to or dissemination of any personal information by a third party.

  • 6.1. You have the right to request that we assist in deleting the personal data that we collect about you through our website. Please note, however, that we may need to retain certain information when we have a legal obligation or lawful basis to do so.

  • 7.1. Your personal information and/or data is processed at the business’ operating offices and in any other place where the parties involved in the processing are located. This means that this information may be transferred to and maintained on computers located outside of your Province.
    7.2. Your consent to this privacy policy followed by your submission of such information represents your agreement to that transfer.
    7.3. All reasonably necessary steps will be taken to ensure your data is treated securely and in accordance with this privacy policy.

  • 8.1. Our website may contain links to other websites that are not operated by us. If you click on a  third-party link, you will be directed to that third-party’s site. We strongly advise you to review the privacy policy of every site you visit.
    8.2. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

  • 9.1. Please note that due to legal and other developments, we may amend these terms and conditions from time to time. The effective date of this privacy policy is indicated in the title of this document (under “last updated”). This date is the effective date that governs the browsing and use of this privacy policy from that date until the next revision of this privacy policy becomes effective. You are advised to review this privacy policy periodically for any changes as it is your duty to remain appraised of the current version of this privacy policy.
    9.2. Changes to this privacy policy are effective when they are posted on the website.
    9.3. Continuing to browse or use this privacy policy after a revised privacy policy becomes effective, constitutes your agreement to observe this privacy policy as may be revised.

  • 10.1. If you have any questions or queries about this privacy policy, please contact us by email (michellesmith.edpsych@gmail.com) or by visiting this page on our website
    (https://www.michellesmitheducationalpsychologist.com/contact).

  • By using our website, you acknowledge that you have read and understood this privacy policy.