Mr-Mak Privacy Policy

This Privacy Policy (the “Privacy Policy”) describes how Mr-Mak (“Mr-Mak”, “we”, or “us”) collects, uses and discloses information from and about you when you visit and use and Mr-Mak’s associated websites, applications and virtual learning environments/online campus platforms (collectively, the “Websites”), as well as your ability to control certain uses of that information. It also describes certain data protection rights which may apply under applicable law, including a right to object to some of the processing which Mr-Mak carries out.
Mr-Mak respects your privacy and is committed to protecting it through our compliance with this Privacy Policy. By accessing or otherwise using the Websites, you agree, where permitted by applicable law, to Mr Mak’s collection, use and disclosure of your information, as data controller, in accordance with this Privacy Policy, which is incorporated into Mr-Mak’s Terms of Use.
We regularly review our compliance with this Privacy Policy and whenever we receive a formal complaint, we will make best efforts to contact the person who made the complaint to attempt to resolve his or her concerns. If you have any questions about the use of your information, or the contents of this Privacy Policy, please feel free to contact us.

Collection of Information

Information You Provide

Mr-Mak collects information from you when you choose to provide it to us. For example, we may collect your information when you submit a form requesting information about one of our course offerings (“Course”) or about other information submitted to us through the Websites and systems, or otherwise contact us. The information we collect may include personal information – such as your contact details, government issued identifier, or other information that can be used to identify you or can be attributed to you – or non-personal information. In some cases, you may choose not to provide us with your information, but we may require it when necessary to perform a contract or to comply with a legal obligation. We also may use information about you for reasons not described in this Privacy Policy where the reason is compatible with the purpose for which we originally collected your information and where such use is lawful.

Children’s Information

We do not direct the Website to, nor do we knowingly collect any personal information from, children under 16.

Information Automatically Collected

When you visit the Websites or interact with e-mails that we send to you, we may passively collect information from you and store that information on our server logs, including your internet protocol address (“IP address”), browser type, operating system, device identifier, device model, software version, or mobile or ISP carrier information. We also use Cookies and other technologies to collect information about your visit to the Websites, such as the date and time of your visit, the information you searched to find the Websites, or your activity on the Websites. “Cookies” are small files which may be stored on your computer during your use of the Websites and contain data about your use of the Websites. We may use session Cookies (which expire when you close your browser) or persistent Cookies (which stay on your computer until you delete them) to understand more about your activity on the Websites or on other websites. Please see our Cookie Policy for details on how we use Cookies and your ability to control the Cookies we set on your browser.
Tracking Options and Do Not Track Disclosures. You may adjust your browser or operating system settings to limit this tracking or to decline or delete Cookies, but by doing so you may be unable to access or use certain areas of the Websites. Check the “Help” menu of your browser or operating system to learn how to change your tracking settings or Cookie preferences. On your mobile device, you can adjust your privacy and advertising settings to limit your tracking for advertising or control whether you receive more relevant advertising. Note that our systems may not recognize Do Not Track headers or requests from some or all browsers. To learn more about your choices for receiving interest-based advertising or to opt out, please see our Cookie Policy.

Information Collected from Other Sources

We may collect or receive information about you from other sources with which you interact (e.g., Facebook), companies that are our partners, or other entities within the Mr-Mak family of companies to update or supplement the information that you provide or that we collect automatically. We may use this information to help us maintain the accuracy of the information we collect, to target our communications so that we can inform you of products, services or other offers that may be of interest to you, and for internal business analysis or other business purposes.

Our Combination of Your Information
We may combine the information we receive from and about you, via the Websites and from third parties, to help us tailor our communications to you and to improve the Websites.

Failure to Provide Personal Information Failure to provide certain information may make it difficult or impossible for you to access some services through the Websites (for example, to register for and complete Courses). You will need to ensure that personal information submitted to us is accurate and up-to-date. For example, we need a current email address to communicate with you about the Course in which you are enrolled.

Legal Basis for Collecting and Processing Personal Information
We process personal information for the following purposes:
• To fulfil a contract or take steps linked to a contract. This includes:
* providing our services, including the set up and management of accounts and profiles;
* verifying your identity;
* taking payments;
* communicating with you.
• To conduct Mr Mak’s business and pursue our legitimate interests. This includes:
* using your information to provide products and services you have requested and to respond to any comments or complaints you may send us;
* personalizing your experience on the Websites and in any Course in which you choose to enroll and to help us to better respond to your individual needs;
* using information we collect about you through the Websites to deliver advertising that is targeted for individuals with similar interests or characteristics through third party service providers, such as Facebook Custom Audiences or other similar business tools;
* developing new products or services or conducting analysis to enhance current products and services;
* reviewing the usage and operations of the Websites and to analyze and improve the Websites (we continually strive to improve the Websites based on the information and feedback we receive from you);
* contacting you for legitimate business purposes;
* using personal information to invite individuals to take part in market research;
* where consent is not required by applicable law, for direct marketing purposes.
We conduct balancing tests for the data processing we carry out on the basis of our legitimate interests, which we have described above.
• To protect the security and functionality of the Websites. This includes:
* if you provide a credit or debit card as payment, using third parties to check the validity of the sort code or routing number, account number and card number you submit in order to prevent fraud (see data sharing below);
* monitoring customer accounts to prevent, investigate and/or report fraud, misrepresentation, security incidents or crime, in accordance with applicable law;
* using personal information you provide to investigate any complaints received from you or from others about our Websites or our products and services.
• Where you give us consent. This includes:
* where consent is required by applicable law, sending you direct marketing in relation to our relevant products and services, or other products and services provided by Mr-Mak, its parent company, Mr-Mak Inc., and the Mr-Mak family of companies.
* placing cookies and using similar technologies in accordance with our Cookie Policy and the information provided to you when those technologies are used;
* on other occasions where we ask you for consent, using the data for the purpose which we explain at that time.
• For purposes which are required by law. This includes:
* in response to requests by government or law enforcement authorities conducting an investigation;
* using personal information in connection with legal claims, compliance, regulatory and investigative purposes as necessary (including disclosure of such information in connection with legal process or litigation).

Mr-Mak also may use de-identified aggregate or anonymized information to help us analyze the use of the Websites. This Privacy Policy does not limit our use or disclosure of deidentified aggregate or anonymized information, and we reserve the right to use and disclose such information to our partners, advertisers, and other third parties at our discretion. See De-Identified Aggregate or Anonymous Information below.

Linking, framing and crawling

Hyperlinking restricted: Our express written permission is required before any hyperlink other than to the home page of this Website is created. Permission, if granted, will be subject to the condition that the party linking to this Website alerts users to the application of these Terms. Requests for permission can be emailed to us.

Permission: Permission to link to this Website is given without assumption of any liability. We reserve the right to withdraw permission granted to link to this Website at any time and for any reason.

Framing restricted: Our express written permission, which may be subject to conditions, is required before this Website, any of its pages and/or any of the information contained on the Website is framed. Requests for permission can be emailed to us.

Automated searches restricted: Apart from legitimate search engine operators and use of the search facility provided on the Website for users, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy content from the Website for any purpose without our prior written consent.

Acceptable use policy

Introduction: You agree and acknowledge that you will not use the Website in an unlawful manner or in a manner not approved in terms of these Terms. This Acceptable Use Policy ("AUP") sets out the parameters within which you must make use of the Website (which, as specified above, shall include access to and use of each of our Online Campuses), and in so doing you agree to be bound by this AUP.

Internet use: You may not use our Website to engage in illegal, abusive or irresponsible behaviour, including:
• Unauthorised access to or use of data, services, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without our express authorisation.
• Monitoring data or traffic on any network or system without our authorisation.
• Interference with service to any user, host or network including, without limitation, sending of or causing the sending of, numerous duplicate automated and/or excessive, similar emails, flooding, deliberate attempts to overload a system and broadcast attacks.
• Use of an internet account or computer without our authorisation, including, but not limited to internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning.
• Collection of personal information about third parties without their consent.
• The intentional or negligent dissemination of any malicious code (meaning anything that contains any back door, time bomb, trojan horse, worm, drop dead device, computer virus or other computer software routine or code intended or designed to permit access to or the use of a computer system by an unauthorised third party, or disable, damage, erase, disrupt or impair the normal operation of a computer system).
• Forging of any TCP (Transmission Control Protocol), Internet Protocol packet header or any part of the header information in an email or a newsgroup posting.
• Any activity or conduct that is likely to result in retaliation against us or the Website.
Security: You must take reasonable security precautions. If applicable, your passwords should consist of at least 8 mixed alpha and numeric characters with case variations. You should not permit a common word to be used as a password. You must protect the confidentiality of your password, not share it with any other person, and you should change your password regularly.

Unsolicited emails: You may not send any unsolicited email, whether of a commercial or non-commercial nature, to any person who has indicated that he does not wish to receive it.

Other networks: You must comply with the rules of any other network you access or participate in using the Website.

Offensive content: Content "published or transmitted" via the Website includes web content, email, bulletin board postings, chat, and any other type of posting, display or transmission that relies on the internet. You may not publish, display or transmit via the Website any content that we reasonably believe:

• constitutes child pornography or is otherwise obscene, sexually explicit or morally repugnant;
• is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
• is unfair or deceptive under the consumer protection laws of any jurisdiction, including in relation to chain letters and pyramid schemes;
• is defamatory or violates a person’s privacy;
• creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement;
• improperly exposes trade secrets or other confidential or proprietary information of another person;
• is intended to assist others in defeating technical copyright protections;
• clearly infringes another person’s trade or service mark, patent, or other intellectual property right;
• promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
• is discriminatory in any way, including by way of sex, race, or age discrimination;
• is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to us; or
• is otherwise malicious, fraudulent, or may result in retaliation against us by offended viewers.

General prohibitions: You agree to not engage in any of the following activities as a result of your use of the Website:

• Upload or otherwise transfer files that contain software or other material protected by intellectual property laws (or by rights of privacy or confidentiality) unless the rights thereto are owned or controlled by you or you have the required authority to do so, and have received all necessary consent to the intellectual property.
• Upload or otherwise transfer files that contain viruses, corrupted files or any other similar software or programs that may damage or inhibit the operation of another computer.
• Delete any legal notices, labels or anything else in the Website content that displays authorship or ownership in any file that is uploaded.
• Falsify the origin or source of software or other material contained in a file that is uploaded.
• Advertise or offer to sell any goods or services or conduct or forward surveys, contests or chain letters.
• Download any file posted by another user of a forum you know, or reasonably should know, cannot be legally distributed.
• Use any communications or content or other information obtained through the Website in a manner that is competitive with us or the Website.
• Allow any third party to use your username and password in any manner other than as permitted by these Terms.

Consequences of violation of the AUP:

• You agree and acknowledge that we will not be held liable for content created by you, and you maintain all responsibility for your actions and statements made on the Website.
• We reserve the right to remove content created by users of the Website at any time.
• We may, without notice to you, suspend your right to participate in any course, including any course which is in progress, or remove any content transmitted via or stored on the Website if we reasonably believes you are using the Site or the Online Campus in breach of this AUP. You must cooperate with our reasonable investigation of any suspected breach of the AUP.
• We will charge you for any breach of the AUP together with the cost of equipment and material needed to:
* investigate or otherwise respond to any suspected violation of this AUP;
* remedy any harm caused to us as a result of your violation of this AUP; and
* respond to complaints.
• We may, without notice to you, report to the appropriate authorities any conduct by you that we believe violates applicable laws, and provide any information we have about you and co-operate in response to a formal or informal request from a law enforcement or regulatory agency investing in any such activity, or in response to a formal request in a civil action that on its face meets the requirements for such a request.


No liability: While we take all reasonable security precautions, no liability will lie for damage caused by the malicious use of this Website or by destructive data or code that is passed on to you through the use of this Website.

Prosecution: We will pursue prosecution of and compensation from any person who delivers or attempts to deliver any destructive code to this Website or attempts to gain unauthorised access to any page on this Website.

Disclaimer and indemnity

Disclaimer: Subject to applicable law, we expressly disclaim all liability for any direct, indirect or consequential loss or damage occasioned from the use or inability to use this Website whether directly or indirectly resulting from inaccuracies, defects, errors, whether typographical or otherwise, omissions, out of date information or otherwise. Consequential and indirect loss and damage will include but not be limited to loss of profits, loss of goodwill, and wasted expenditure. This exclusion of liability will only apply in jurisdictions where the law allows the exclusion and you may also have other rights that vary from jurisdiction to jurisdiction.

Indemnity: You agree to indemnify and hold us, our employees, officers, agents, subcontractors, subsidiaries and affiliates harmless from any demand, action, application or other proceedings, including for attorneys' fees and related costs such as tracing fees, made by any third party and arising out of or in connection with your use of or access to this Website.

Owner information

This Website is owned and operated by Mr-Mak Holdings Proprietary Limited, a company registered in the Republic of South Africa with its address at 320 Rivonia Boulevard, Rivonia, Johannesburg, South Africa, and if you are using the website without being registered as a student, these Terms are a contract between you and this company.

Advertising and sponsorship

Third party content: This Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in this Website complies with all applicable laws and regulations.

No liability: We accordingly exclude, to the fullest extent permissible under law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.

Monitoring and interception of data messages

In order to provide a relevant, efficient and secure service, and where required and permitted under law, we may monitor and/or intercept electronic communications such as email which are sent to this Website. To the full extent necessary under law you acknowledge that you are aware of the potential monitoring and interception, and consent to it.

Receipt of data messages

Data messages: Data messages, including email messages, sent by you to us will be deemed to be received only when acknowledged or responded to. Receipt: A data message sent by us to you will be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.

Right not to respond: We reserve the right not to respond to any email or other data message which contains obscene, threatening, defamatory or otherwise illegal, unlawful or inappropriate content, and to take the appropriate action against the sender of such email where necessary.

Confidentiality: You agree that data messages sent to this Website will not be regarded as confidential unless otherwise agreed in writing.


Arbitration: For any dispute that you may have with Mr-Mak arising from these Terms or your use of the Website, you agree to first contact us and attempt to resolve the dispute informally. If your complaint arises from your registration or participation in a course administered through our Websites, the relevant provisions of the Terms and Conditions for Students shall apply. All other disputes shall be referred to mediation and, in the event of mediation failing, arbitration under the arbitration laws and rules applicable in the Republic of South Africa, with such arbitration to be held in Cape Town, South Africa, unless otherwise agreed between us.

Urgent relief: The aforegoing will not restrict our right to apply to a competent court for relief should our intellectual property rights be violated or threatened, or where otherwise appropriate.


Whole agreement: These Terms constitute the whole of the agreement between yourself and Mr-Mak in relation to use of and access to the Website, and no document or statement not mentioned above will form part of it. Only a written variation, waiver or cancellation agreed to by both parties will be of any effect.

Applicable law and jurisdiction: The laws of the Republic of South Africa shall apply to these Terms, their interpretation, and any matter or litigation relating to or arising from them, unless you are registered for a course through our Websites, in which case the provisions of the Terms and Conditions for Students shall apply in determining relevant law.

Assignment: These Terms, and any rights and licenses granted in these Terms, may not be transferred or assigned by you, but may be assigned by Mr-Mak without restriction.

No Indulgence: If Mr-Mak chooses not to enforce any part of these Terms, that does not mean that it cannot do so at a later time. Severability: In the event that any part of these Terms is found to be partially or fully unenforceable for any reason, this will not affect the application or enforceability of the remainder of these Terms.

Broken Links: Notwithstanding the fact that hyperlinks in these Terms to certain documents should be deemed part of these Terms, the fact that some or all of the hyperlinks may be non-operational will not play a role in determination of the validity and interpretation of these Terms.