This Privacy Policy explains how we will treat your personal information. We value your privacy and will take all reasonable steps to protect the personal information which you make available to us through visiting our E-Platform or otherwise using the Services.

This Privacy Policy forms part of, and is subject to, our Terms of Use.

Capitalised terms used in this Privacy Policy and not otherwise defined shall have the meanings assigned to them in the Terms of Use. Any reference to “processing” in this Privacy Policy means “processing” as defined in the Protection of Personal Information Act, No.  of 2013 (“POPI”), and “process” and “processed” shall have corresponding meanings. Likewise, any reference to “personal information” has the mean assigned in POPI.

1. Processing personal information

1.1. The types of personal information which we may process may include information that contains identifiable information including but not limited to the information you provide when you register to create an Account (for example, your name and surname, screen name, e-mail address, physical address and contact number).

1.2. We may process the following types of personal information:

1.2.1. information about your computer and your visits to and use of the Services (for example your IP address, where you are located, details of your browser, the length of your visit, pages you have viewed), some of which is recorded automatically when you visit the E-Platform. Although the information is aggregated and does not identify you personally it may, together with other personal information, be used to identify you and you agree to this;

1.2.2. information relating to any transactions between you and us, including information relating to any purchases of our Services;

1.2.3. information that you provide to us when you register to open an Account;

1.2.4. any other information that you choose to send to us or that is submitted to us via one of the submission interfaces on the E-Platform, whether such submission is made by you or by someone else.

1.3. Personal information submitted to us via the E-Platform will be used for the purposes and in the manner specified in this Privacy Policy.

1.4. You agree that we may use your personal information to:

1.4.1. administer the E-Platform and keep it secure;

1.4.2. provide you with the Services;

1.4.3. send you invoices and statements, and collect payments from you;

1.4.4. send you e-mail notifications which you have specifically requested;

1.4.5. send you general communications relating to our business or the businesses of carefully-selected third parties which we think may be of interest to you, and you can inform us at any time if you no longer wish to receive these communications;

1.4.6. provide third parties with statistical (but personally unidentifiable) information about our Users;

1.4.7. analyse and understand User patterns and trends, and to create profiles relating to you and your interaction with us (sometimes by combining the personal information you provide with, for example, purchases you make via the E-Platform) to equip us to continue to provide excellent and relevant Services;

1.4.8. respond to any queries you may have or deal with enquiries and complaints made about you relating to the Services;

1.4.9. monitor and ensure compliance with the Terms of Use; and

1.4.10. deal with any legal, administrative or security issue.

1.5. We will not provide your personal information to any third parties for the purpose of direct marketing, without your express consent.

1.6. We will only process your personal information in a way which is relevant and not excessive, and will take into account the purpose for which such information was made available.

1.7. You may not in any way collect or use personal information from any User, or any information otherwise on or in relation to the E-Platform.

1.8. You may not disclose someone else’s personal information to us unless have that person’s consent to the disclosure and the processing of that personal information in accordance with this Privacy Policy.

2. Disclosures

2.1. We will not provide your personal information to third parties, except as provided in this Privacy Policy. If we disclose your personal information as provided in this Privacy Policy, we shall take reasonable steps to ensure that the recipient agrees to be bound by this Privacy Policy.

2.2. We may disclose your personal information to any of our employees, consultants, advisors, officers, agents, suppliers, service providers or subcontractors such as they have a need to know and use such personal information, and to the extent reasonably necessary for the purposes set out in this Privacy Policy and the Terms of Use.

2.3. We have a payment services provider, PayFast, who assists us in handling financial transactions relating to the Services. You can review their privacy policy at https://www.payfast.co.za/privacy-policy/. We will disclose personal information (including credit card or other banking information which you provide to us) to them only to the extent necessary to enable them to perform their functions.

2.4. We may also disclose your personal information to any company within our group of companies (which includes subsidiaries, holding company and all subsidiaries of our holding company) to the extent reasonably necessary for the purposes set out in this Privacy Policy and the Terms of Use.

2.5. We may also disclose your personal information:

2.5.1. in order to comply with Applicable Law. Our policy is to co-operate with relevant authorities, and you expressly authorise us to disclose any of your personal information to the relevant authorities in respect of law enforcement queries, such as we in our sole discretion consider to be necessary or appropriate;

2.5.2. to any person (including juristic persons) who we reasonably believe may apply to court or other competent authority for disclosure of certain personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information;

2.5.3. in connection with any legal proceedings (current or potential);

2.5.4. in order to establish, exercise or defend our legal rights;

2.5.5. in the course of our business;

2.5.6. to the purchaser or potential purchaser of any business or asset that we are considering selling; and

2.5.7. to protect the rights, property or safety of any User, any member of the public and/or any shareholder, director, employee, agent or representative of the Company.

2.6. We will not collect, use or disclose sensitive personal information unless we have your specific consent, or as permitted or required by Applicable Law.

2.7. You may not disclose information which is personally identifiable about any other User to a third party, without our prior written consent, and that of the relevant User.

3. International data transfers

3.1. Personal information that we collect may be stored and processed in, and transferred between, any of the territories in which we conduct our business in order to enable us to use such information, on the terms and provisions of this Privacy Policy.

3.2. Your personal information may be transferred to different territories, which may not have substantially similar laws to those in the Territory, or the territory in which you reside, that protect personal information. We shall take reasonable steps necessary to ensure that your personal information is adequately protected in those territories.

4. Storage and security of your personal information

4.1. It is impossible to guarantee the complete security of your personal information. While we cannot guarantee the security of information sent over the internet, we will take reasonable technical and organisational precautions to prevent the accidental or intentional loss, misuse, destruction or alteration of your personal information which we process.

4.2. All the personal information which you provide or make available to us will be stored on our dedicated server. Alternatively, we may store your personal information on a central database.

4.3. All information that you disclose in a public profile, or in forum posts or other public portions of the E-Platform becomes public information and we are not able to prevent others from using or misusing such information, and will not be liable in this regard. We will also process such information which you may disclose.

5. Cookies

5.1. Our E-Platform uses cookies. We will ask you to consent to our use of cookies in accordance with the terms of this Privacy Policy when you first visit our website. By using our website and agreeing to this Privacy Policy, you consent to our use of cookies in accordance with the terms of this Privacy Policy.

5.2. A cookie is a file that contains a series of letters and numbers that is sent between a web server and a web browser, and is stored by the browser on your computer or smart phone and sent to the server each time you request a page from the server, which allows the server to identify and track the browser.

5.3. Cookies are used to keep track of Users who navigate the E-Platform; track Account logins and sessions; keep track of Programmes purchased by Users; and to assist us in keeping the Services secure and relevant.

5.4. If you enable cookies when accessing the E-Platform, we will be able to record all IP addresses, URLs of pages visited, date and time of activities while browsing the E-Platform and related information, for purposes of site traffic analytics, and this information is captured in our server logs as part of our usual operations.

5.5. You may choose to reject all cookies, although some browsers will only allow you to block third party cookies. However, doing so may affect the usability of websites, including our E-Platform.

5.6. The use of the E-Platform is analysed, and as part of the analysis, cookies are used to generate statistics and other information relating to the use of our E-Platform. We then use this information to create reports. Cookies do not personally identify Users, but may be used in this way to compile statistics which are not linked to a specific User’s identity.

5.7. Our payment service providers, any advertisers and other third party websites which you may access via links provided on the E-Platform, may also send you cookies.

5.8. We reserve the right to vary the way in which User information is collected.

6. Your rights

6.1. If you ask us to provide you with a record or description of any personal information we hold about you, we shall do so subject to:

6.1.1. payment of an administrative fee reasonably determined by us;

6.1.2. you providing us with appropriate evidence of your identity. We will usually accept a certified photocopy of your identity document or passport, together with proof of your current address.

6.2. We may withhold such personal information to the extent permitted by Applicable Law.

6.3. Please be aware that we reserve the right to retain on our records any personal information which you may ask us to remove from our active databases for certain purposes (for example if there is a dispute regarding the Terms of Use). Some personal information may never be deleted completely, for technical and/or legal reasons.

7. Third party websites

The E-Platform contains links to third party websites. We have no control over, are not responsible, for the privacy policies or practices any such third party websites and we suggest that you review the privacy policy of any site you visit before using it.

8. Governing law

8.1. This Privacy Policy is governed by the laws of the Territory.
8.2. If at any time any provision (or any part of a provision) of this Privacy Policy is found to be unlawful and/or unenforceable, then that provision (or part of it, as appropriate) will be deemed to be deleted to the extent necessary to remove the unlawful and/or unenforceable part, and the validity and enforceability of the other provisions of this Privacy Policy will be unaffected

9. Changes to this Privacy Policy

We may revise this Privacy Policy from time to time by posting a new version on the E-Platform. Any changes will become effective on the day the revised Privacy Policy is posted on the E-Platform unless indicated otherwise. You should check this page occasionally to ensure you are happy with any changes. If you continue to use the Services after changes have become effective, this will mean that you accept those changes.

10. Updating your personal information

Please let us know if any of your personal information which you have made available to us needs to be updated.