POPIA Privacy Policy

  The Protection of Personal Information Act Privacy Policy

Purpose

The purpose of this privacy policy is to explain how Arena of Life LLC (“Arena of Life”) obtains, uses and discloses your personal information, in accordance with the requirements of the Protection of Personal Information Act 4 of 2013 (POPIA). 

At Arena of Life, your privacy is important to us. We are committed to protecting your privacy in accordance with POPIA and undertake to ensure that your personal information which is collected by Arena of Life is used properly, lawfully, transparently and ethically.

The Arena of Life platform has been created as a self awareness and personal development tool and allows individuals to personally create and organize their life into various “Arenas” (i.e., categories/areas). Within each arena, the individual has the capability to set specific intentions and record the actions the wish to take in order to achieve their set goals. The application has certain additional features which allows the individual to track the progress on their set goals via their reflections and viewing their results and trends. The main purpose of the Arena of Life platform is to support individuals’ personal growth journey.

Important definition to note in terms of POPIA

• “Consent” means any voluntary, specific and informed expression of will in terms of which permission is given for the processing of personal information;
• “Data Subject” means the person to whom the personal information relates;
• “Direct Marketing” means to approach a data subject, either in person or by mail or by electronic communication, for the direct or indirect purposes of:

(a) promoting or offering to supply, in the ordinary course of business, any goods or services to the data subject; or 

(b) requesting the data subject to make a donation of any kind for any reason.

• “Person” means a natural person or a juristic person;
• “Personal Information” means the information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including but not limited to:

(a) information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person;

(b) information relating to the education or the medical, financial, criminal or employment history of the person;

(c) any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person;

(d) the biometric information of a person;

(e) the personal opinions, views or preferences of the person;

(f) correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;

(g) the views or opinions of another individual about the person; and

(h) the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person.

• “Promotion of Access to Information Act” means the Promotion of Access to Information Act 2 of 2000;
• “Special personal information” means personal information as referred to in section 26 of POPIA.

Information which Arena of Life collects

Arena of Life collects and processes your personal information, in accordance with the conditions as required by POPIA, for the purposes of understanding your requirements and delivering services (via their mobile app and website) which is tailored to your needs accordingly. For this purpose, Arena of Life may collect you name, date of birth, contact details and other personal information which aligns to the said purpose.

All personal information which Arena of Life collects is collected directly from you where you voluntarily provide us with your personal information. Should the information as requested by Arena of Life be optional, where possible, we shall inform you accordingly.

Arena of Life may collect website information using “cookies” which allows us to collect standard internet visitors usage information in order to improve our service offerings. Should you wish to, you may visit our website in “incognito” mode to avoid the collection of this information.

Processing of your Personal Information

Arena of Life undertakes to use your personal information only for the purpose for which it was collected and agreed to with you, in accordance with sections 13 and 14 of POPIA.

Disclosure of your Personal Information

Arena of Life may disclose your personal information to our service providers who assist Arena of Life and are involved in the delivery of any services to you. 

However, note that Arena of Life has agreements in place with all third-party service providers to ensure that they comply with the privacy requirements as required by POPIA. Arena of Life may also disclose your information where it has a duty to do so or a right to do so in terms of the law or other industry code or where we believe it is necessary to protect our rights.

Notwithstanding the above, Arena of Life reiterates that your personal information is important to us, and we undertake to ensure that all personal information collected and disclosed is done in a manner that is consistent with the POPIA and all privacy legislation.

General

Arena of Life ensures you that it has adequate security measures in place for the protection of your personal information and to ensure that no unauthorized access is granted to any personal information held by Arena of Life. We further undertake to, on an on-going basis, review and maintain our security measures and controls and related processes to ensure that your personal information remains secure.

You have the right to request that Arena of Life update, correct or delete any information which Arena of Life holds of yours. When such data subject request is made, 

Arena of Life will be required to follow certain internal procedures to verify the identity of the person requesting the update, correction or deletion. 

Should you have any queries in respect of this POPIA policy, you are welcome to contact Arena of Life using the contact information as listed on our website.

 PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000 (PAIA) MANUAL

IN TERMS OF SECTION 51 FOR ARENA OF LIFE LLC

INTRODUCTION TO ARENA OF LIFE LLC

Arena of Life LLC (Arena of Life) is a platform that been created as self awareness and personal development tool which allows individuals to personally create and organize their life into various “Arenas” (i.e., categories/areas). Within each arena, the individual has the capability to set specific intentions and record the actions the wish to take in order to achieve their set goals. The application has certain additional features which allows the individual to track the progress on their set goals via their reflections and viewing their results and trends. The main purpose of the Arena of Life platform is to support individuals’ personal growth journey.

PARTICULARS REQUIRED IN TERMS OF SECTION 51(1)(a) OF PAIA

Name of Arena of Life: Arena of Life LLC

Registration number: 92-1711995

Postal Address: 267 Quincy Ave, Long Beach CA 90803, USA

Physical Address: 267 Quincy Ave, Long Beach CA 90803, USA

Telephone number: +1 562-939-8639

Fax number: n/a

Web address: www.arenaoflife.com 

The Head:  Dana Burkholder and Sjeanne Cawdry

Information Officer: Dana Burkholder and Sjeanne Cawdry 

E-mail address of Arena of Life: dana@arenaoflife.com or sjeanne@arenaoflife.com 

PARTICULARS REQUIRED IN TERMS OF SECTION 14(C) PAIA

• · Purpose of processing: Arena of Life collects and processes the client’s personal information, in accordance with the conditions required by POPIA, for the purpose of understanding the client’s personal growth needs and in order to deliver services tailored to this.
• · Categories of data subjects: clients and potential new clients who visit the Arena of Life website/social media pages, suppliers and service providers, personnel.
• · Categories of information collected: personal information as defined in POPIA, which may entail the individuals name, contact number, email address, banking details etc, internal records relating to Arena of Life, personnel records, supplier and service provider records, Cookies, third-party information, environment and market information,
• · Potential third-party/ies whom the personal information may be shared with: supplier’s and service providers of Arena of Life and any third party as required to by law.
• · Planned trans-boarder flow of personal information: personal information collected and stored by Arena of Life is stored on the Amazon Cloud with its server that is located in East United States of America. 
• · Security measures: We confirm that Arena of Life has adequate cybersecurity safeguards in place in order to protect against any unauthorised breaches of their systems.

DESCRIPTION OF GUIDE REFERRED TO IN SECTION 10: SECTION 51(1)(b)

A Guide has been compiled in terms of Section 10 of PAIA by the South African Human Rights Commission (SAHRC). This guide contains the information required by a person wishing to exercise any rights, as contemplated by Arena of Life. The Guide is available in all the 11 official languages.

The Guide is available for inspection, amongst other things, at the offices of the SAHRC at the following address: Braampark Forum 3, 33 Hoofd Street, Braampark, Johannesburg and on the SAHRC website at: www.sahrc.co.za. Queries are to be direct to:

The South African Human Rights Commission

PAIA Unit - The Research and Documentation Department

Postal Address: Private Bag, 2700, Houghton, 2041

Telephone number: +27 11 877 3600

Fax number: +27 11 484 7146

Web address: www.sahrc.org.za

Email address: paia@sahrc.org.za

Responsibility for the Guide will transfer to the Information Regulator under the Protection of Personal Information Act 4 of 2013 (POPIA) in terms of Section 114 after 30 June 2021.

THE LATEST NOTICE IN TERMS OF SECTION 52(2) (IF ANY)

At this stage, no notice affecting Arena of Life has been published on the categories of records that are automatically available without a person having to request access in terms of PAIA.

RECORDS AVAILABLE IN TERMS OF OTHER LEGISLATION: SECTION 51(1)(d)

The records available in terms of other legislation are as follows:

· USA Model Business Corporation Act

· The Cybercrimes Act 19 of 2020

· The Promotion to Access of Information Act 2 of 2000

· The Protection of Personal Information Act 4 of 2013

· Electronic Communications and Transactions Act 2002

· Fair Labor Standard Act

· Federal Equal Employment Opportunity laws

· Truth in Advertising and Marketing

· Equal Pay Act

· CAN-SPAM Act

· California Corporation Code;

· California Revenue and Taxation Code;

· California Code of Regulations;

· California Employment Laws;

· California Environmental laws;

· Financial Intelligence Centre Act 38 of 2001

SUBJECTS AND CATEGORIES OF RECORDS HELD BY ARENA OF LIFE: SECTION 51(1)(e)

1. USA Model Business Corporation Act records

· Documents of Incorporation

· Records relating to the appointment of Committee of Management/ director/s/auditor/secretary/public officer and other officers

· Other statutory registers

· Corporate Policies and Procedures

· Skills Development and Training Records

2. Financial Records

· Annual financial statements

· Tax returns

· Accounting records

· Banking records

· Asset register

· Rental agreement/s

· invoices

3. Income Tax Records

· Tax records

· Documents issued to employees for income tax purposes

· Records of payments made to IRS on behalf of employees

· All other statutory compliance records: VAT, Skills Development Levies, etc.

4. Personnel Documents and Records

· Employment contracts

· Pension fund records

· Disciplinary records

· Salary records

· Leave records

· Training records

· Training manuals

REQUEST PROCEDURE – SECTION 51(3)

The Requester must use the prescribed form i.e., Form C of Annexure “B” to the Regulations regarding the Promotion of Access to Information Act 2 of 2000 (published under Government Notice R187 in Government Gazette 23119 of 15 February 2002 as amended by Government Gazette Notice R1244 IN Government Gazette 25411 of 22 September 2003) and submit this completed Form C, together with the request fee, to the Information Officer of Arena of Life.

The request for access to a record of a private body must be made in the prescribed form to the Head of Arena of Life (the Information Officer) and at Arena of Life’s address or e-mail address (as reflected above).

The Requester must provide sufficient detail on the request form to enable the Information Officer of Arena of Life to identify the record and the Requester. The Requester should also indicate which form of access is required. The Requester should also indicate if any other manner is to be used to inform the Requester and state the necessary particulars to be so informed.

The Requester must identify the right that is sought to be exercised or to be protected and provide an explanation of why the requested record is required for the exercise or protection of that right.

If the request is made on behalf of another person, the Requester must submit proof of the capacity in which the Requester is making the request to the satisfaction of the Information Officer of Arena of Life.

Fee:

A Requester who seeks access to a record containing personal information relating to the Requester is not required to pay the request fee. Every other Requester, who is not a personal requester, must pay the request fee:

• · The Information Officer of Arena of Life must notify the Requester (other than a personal requester) by notice, requiring the Requester to pay the prescribed fee (if any) before further processing the request (section 54(1)).
• · The fee that the Requester must pay to Arena of Life is R50.00 (listed in the Guide referred to above). The Requester may lodge an application to the court against the tender or payment of the request fee (section 54(3)(b)).
• · Note that if the Requester earns below R14 7123 annually or combined with the Requesters partners income, the combined income (of the Requester and his/her partner) is below R27 192 annually, then the Requester will be exempt from paying the request fee.
• · After the Information Officer of Arena of Life has made a decision on the request, the Requester must be notified in the required form.
• · If the request is granted then a further access fee must be paid for the search, reproduction, preparation and for the time that has exceeded the prescribed hours to search and prepare the record for disclosure (Section 54(6)).