KLIKD WEBSITE AND GENERAL PRIVACY STATEMENT

(referred to as “the Company”, “our”, “we”, “us”)

YOUR CONTINUED USE OF THIS WEBSITE AND OUR SERVICES INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THIS POLICY AND ALL TERMS AND CONDITIONS OR POLICIES INCORPORATED HEREUNDER (I.E THAT ALSO FORM PART OF THESE) (“T&Cs”):

See: Customer Terms and Conditions of Service (“T&Cs):

1. Introduction

1.1 We are delighted that you have visited our website and shown interest in the Company. We take the protection of your personal information seriously and want you to feel safe when you are visiting our website and/or engaging with us.
1.2 This Policy sets out how we will handle your personal information, as defined under applicable law, and covers any information, including personal and special personal information, that you give to us or which we collect from third parties (“Personal Information”).
1.3 In delivering our products/ carrying out our services, we will use your Personal Information in accordance with this Policy and applicable law.
1.4 Whilst we try to balance our legitimate business interests with your reasonable expectation to privacy and to take all reasonable measures to prevent unauthorised access to, or disclosure of your Personal Information, it is impossible to guarantee that your Personal Information will be 100% secure.

2. How this Policy applies to you

2.1 This Policy will apply whenever you submit Personal Information to the Company, which will include (but is not limited to) when you browse our website and/or any related (and/or enhanced) mobi-sites, software applications or any other portals specifically made available by the Company in relation to this platform (“Website”) and/or engage with us or any of our product and/or service offerings including instances where your Personal Information is submitted to us through or by a third party (collectively “Services”). The Policy is even expressly incorporated under our T&Cs.
2.2 If you do not agree to any of the provisions of this Policy, then you should not submit any Personal Information to the Company. However, we note that if you do not consent to this Policy, or any parts thereof, we may not be able to provide you with our products and services.
2.3 Our Services are only intended to be used by persons aged 18 years or over.

Disclosure and Processing of Personal Information related to Children.  Due to the nature and content of the services we offer, you may provide us with, and we may be privy to or need to process some/limited, Personal Information related to a child or children. These persons being minors, as legally defined, (“Child”) are afforded additional protections under the applicable law.  To this end, we endeavour to limit the type and extent of any Personal Information that we process in relation to any Child and in doing so to comply with the principles set out under applicable law and this Policy.  However, to the extent that any Personal Information is disclosed or processed related to a Child, either in using this website and/or and any of our services, then you:

a. warrant that you are a competent person and are authorised to consent to the disclosure and processing of such Child’s Personal Information, on their behalf (you consent as their parent or guardian or otherwise authorised person);  

b. warrant that you have contracted our services for a legitimate (and not harmful) purpose; and

c. consent to the processing of your/the Child’s Personal Information and agree to be bound by the provisions of this Policy, which shall apply equally in relation to your/the Child’s Personal Information. 

3. LICENCE AND UNAUTHORISED USE OF THE WEBSITE

3.1 Subject to you accepting our Policies and Terms and Conditions (as applicable), we grant you a limited, revocable, non-transferable licence to access and use the Website in accordance with our various policies and agreements which may govern such use and access. We may revoke this licence at any time, including for breach of any of our Policies or Terms and Conditions.
3.2 You may not use the Website for any offensive or unlawful purpose.
3.3 We reserve the right to remove any content from the Website that is untrue, defamatory, offensive, amounts to hate speech or is otherwise unlawful.
3.4 You shall not introduce any virus, worm, trojan horse, malicious code or other program which may damage computers or other computer-based equipment through email communication with us.
3.5 You agree that you are responsible for compliance with any and all laws, rules and regulations that may apply to its use of the Website or the Services.

4. ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT, 2002 (ECT ACT)

4.1 When you visit the Website or sending us emails or other electronic communications, you consent to receiving communications from us electronically in accordance with this Policy.

5. WARRANTIES 

5.1 The use of this Website is at your own risk.
5.2 We make no representation or warranty (express or implied) that the Website and Services or will:

5.2.1 meet a User’s needs;
5.2.2 be accessible at all times;
5.2.3 be free from viruses, spyware or malware; and/or
5.2.4 be accurate, current, complete or free from errors.

6. LIABILITY AND INDEMNITY  

6.1 Without derogating from any other agreed limitations of liability or indemnifications, in agreeing to the provisions of this Policy you hereby unconditionally agree to indemnify us against any liability, loss or damage (including third party) that may result from your use of this Website.
6.2 As far as is legally permissible, we shall not be liable for (which shall include but is not limited to) any loss or damage arising from access to or reliance on any inaccurate or incomplete information on the Website, any viruses or alike, any delays, interruptions, service failures or other problems inherent in use of the internet and electronic communications or other systems outside of our reasonable control. While a User may have statutory rights, the duration of any such statutorily warranties, will be limited to the shortest period to the extent permitted by required law.

7. INTELLECTUAL PROPERTY AND COPYRIGHT

7.1 The content on the Website (including any intellectual property) is owned or licenced by us or other third parties such as; our third-party licensors or suppliers and is protected by law (including Copyright and Trademark law).
7.2 Where we post or list content provided by a third party, that party is responsible for and warrants that that they have all necessary rights to such content and are not infringing or violating any third part rights by such content being posted on the Website. The Company will not be liable for any third-party infringements. Any alleged infringements need to be taken up with party in question.
7.3 You may not use, copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means, the content of the Website with prior permission or as is legally permitted.
7.4 You hereby indemnify us against any claim, loss or damages (including third party) resulting from your infringement of this clause or any violated rights.

8. Scope of our Processing

8.1 What we Collect 

We may collect information that allows you to be identified, such as:

(a) your name, age, sex, addresses, e-mail address, bank account details, identity number and/or the internet address of your domain; and/or
(b) sensitive and special categories of personal information (e.g., images).

8.2 How we Collect 

8.2.1 You may provide Personal Information to us either directly or indirectly (through and agent or intermediary) or through completing an application form for our products and services or requesting further information about our products and services, whether in writing, through our website, over the telephone or any other means.
8.2.2 We may also collect your personal information from your appointed agent, any regulator, or other third party that may hold such information.

8.3 How we Use Personal Information

8.3.1 We may collect, use, transfer or process your Personal Information: 

(a) to provide and perform our Services to you and to improve or evaluate the effectiveness of the Company, its products, services or offerings;
(b) to respond to and comply with your instructions, complaints or requests;
(c) to operate, develop and manage our website/other platforms;
(d) for security (including fraud and crime prevention/reporting), administrative, auditing, operational, marketing and legal or regulatory purposes (which will include complying with any law enforcement agency requests);
(e) for operational, marketing, auditing, legal and record keeping requirements;
(f) to third parties for reasons set out in this Policy or where it is not unlawful to do so (this may include but is not limited sharing information with prospective buyers or sellers or our business or assets); 
(g) outside of the Republic of South Africa, in accordance with applicable law, including for cloud storage and payment purposes and the use of any of our websites;

8.3.2 We may from time to time (and at any time) contact you for market research about services, products and offerings available from the Company or specific affiliates or subsidiaries which we believe may be of interest to you, by email, phone, text or other electronic means, unless you have unsubscribed from receiving such communications. You can unsubscribe from receiving such communications by clicking here.

8.4 Disclosure of Personal Information

8.4.1 Your Personal Information may be disclosed with the Company’s affiliates, subsidiaries, employees, agents, sub-contractors and selected third parties who process the information on our behalf. 
8.4.2 We may also disclose your Personal Information to third parties for the purposes of rendering our Services and for the reasons recorded in clause 3.3 above, including any third parties with whom our supplies and services are carried out/provided in conjunction with and/or who are involved in the completion of our supplies and services and who may need to have your Personal Information in order to fulfil your request or the services (e.g. Third party payment platform providers or cloud service providers).
8.4.3 Wherever these persons are located outside of the country (and your Personal Information may be transferred cross-border) we will adhere to applicable laws.

8.5 Security

While we cannot ensure or warrant security on the internet or of any of the Personal Information you provide us, we do continue to maintain and improve our security measures over time and in line with legal and technological developments.

8.6 Retention

8.6.1 We may store your Personal Information directly or on a central or separate database. If the location of the central database is in a country that does not have substantially similar data protection laws, we will take all legally mandatory required steps to ensure that your Personal Information is adequately protected.
8.6.2 We may retain your personal information indefinitely, unless you object, in which case we will only retain it if we are permitted or required to do so in terms of applicable law. However, generally, we will not retain your information for longer than is necessary or for the periods required by applicable law. 

9. Your Rights

9.1 As a user/data subject, you have certain rights, including the right:

(a) to access your Personal Information stored and processed by us. This may be done by emailing us at the address referred to in clause 5 below;
(b) to correct/rectify Personal Information that we hold on your behalf, in instances where such Personal Information is incorrect or incomplete;
(c) to erase Personal Information (also known as ‘the right to be forgotten’). In simple terms, this enables you to request the deletion or removal of your information where there is no compelling reason for us keep using it. This is not a general right to erase; there are exceptions. For example, we have the right to continue using your personal data if such use is necessary for compliance with our legal obligations or for the establishment, exercise or defence of legal claims;
(d) to restrict/suspend processing of Personal Information to only that which is strictly necessary for us to perform our services to you. Please note that this right is limited in certain situations: when we are processing your personal information that we collected from you with your consent you can only request restriction on the basis of: (a) inaccuracy of data; (b) where our processing is unlawful and you don’t want your personal information erased; (c) you need it for a legal claim; or (d) if we no longer need to use the data for the purposes for which we hold it. When processing is restricted, we can still store your information, but may not use it further;
(e) to complain– if we breach any of the data protection terms of this Policy, to complain to the requisite data protection authority in South Africa;
(f) to withdraw your consent at any time, if the processing of the Personal Information is based on consent;
(g) to object to processing of Personal Information if such processing is based on legitimate interests; and
(h) to object to the processing of Personal Information for direct marketing purposes.

9.2 The exercise of these rights is free of charge.

10. Complaints

10.1 If, you wish to raise a complaint regarding the processing of your Personal Information then please first reach out to the Company’s designated Information Officer at: officer@klikd.co.za
10.2 However, if you are still unsatisfied with how we have handled your Personal Information, you can lodge your complaint with the Information Regulator or authority in the applicable and relevant country. We are happy to share further information or guidance in this regard should you need it.

11. Indemnity

In agreeing to the provisions of this Policy, you hereby unconditionally agree to indemnify us against any liability that may result from your use of this website and the processing of your Personal Information, including any loss, damage or injury arising from any inaccurate or incomplete Personal Information provided to us by the you and/or any third party and/or any unintentional disclosure of your Personal Information to any unauthorised persons.

12. Log Files

When you visit our website, even if you do not create an account, we may collect information, such as your IP address, the name of your ISP (Internet Service Provider), your browser, the website from which you visit us, the pages on our website that you visit and in what sequence, the date and length of your visit, and other information concerning your computer’s operating system, language settings, and broad demographic information. This information is aggregated and anonymous data and does not identify you specifically. However, you acknowledge that this data may be able to be used to identify you if it is aggregated with other Personal Information that you supply to us. This information is not shared with third parties and is used only within the company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above, without your explicit permission.

13. Cookies

13.1 We use cookies. A cookie is a small piece of information stored on your computer or smart phone by the web browser. The two types of cookies used on the website are described below:

13.1.1 “Session cookies”: These are used to maintain a so-called ‘session state’ and only last for the duration of your use of the website. A session cookie expires when you close your browser, or if you have not visited the server for a certain period of time. Session cookies are required for the Platform to function optimally but are not used in any way to identify you personally.
13.1.2 “Permanent cookies”: These cookies permanently store a unique code on your computer or smart device in order to be able to identify you as an individual user. No Personal Information is stored in permanent cookies.. You can view and edit permanent cookies by looking in the cookies’ directory of your browser installation. These permanent cookies are not required for the website to work but may enhance your browsing experience..

14. Third Party Links on the Website

The services available through the website, may contain links to other third-party websites. We are not responsible for the content or privacy policies of these third-party websites. 

15. Amendment of this Policy

15.1 We may amend this Policy from time to time.
15.2 Any such amendment will come into effect and become part of any agreement you have with the Company when notice is given to you of the change by publication on our website. It is your responsibility to check the website often.