TAQA PROPRIETARY LIMITED
REGISTRATION NUMBER: 2018/442791/07
WEBSITE PRIVACY POLICY
INTRODUCTION
This Privacy Policy (“Policy”) governs the Processing of Personal Information and/or Personal Data by TAQA (“We”, “Us”, “Our”, “Ourselves”) in accordance with Applicable Data Protection Laws and in connection with TAQA’s Website (www.taqa.africa). The Data Subject’s (“You”, “Your”, “Yourself/ves”) use of the Website is subject to this Policy and the Terms of Use which are incorporated by reference into this Policy. In general, by visiting/engaging with the Website, You signify Your Consent to Us Processing Your Personal Information and/or Personal Data in accordance with this Policy.
We respect Your rights to responsible management of your Personal Information under the Protection of Personal Information Act 4 of 2013 (“POPIA”) where you are a resident of South Africa, the General Data Protection Regulation (“GDPR”) where you are a resident of the European Union, and where applicable, the relevant Applicable Data Protection Law in Your specifi c jurisdiction. For the purposes of this Policy and interpreting the applicable provisions to you:
• Part A addresses POPIA and is applicable to Users living in the Republic of South Africa or who are South African citizens living outside the Republic of South Africa;
• Part B addresses other Applicable Data Protection Laws and is applicable to Users residing in various jurisdictions worldwide.
• Part C addresses the general clauses applicable to all Users who access Our Website.
We are committed to the principle of accountability in maintaining the integrity and confi dentiality of Personal Information and/or Personal Data collected or received by Us when You use Our Website, as well as ensuring transparency between Ourselves and You. Accordingly, We encourage You to read this Policy carefully and contact Us with any questions or concerns in regard to Our privacy practices. We may amend this Policy at any time. All amended terms shall be effective immediately upon the posting of the revised Policy on the Website and any subsequent activity in relation to Our Website shall be governed by such amended terms and conditions.
If You do not agree with any term in this Policy, please do not visit the Website. Alternatively, please contact our Information Offi cer, Qhawe Bula at qhawe@taqa.africa
This Policy was last revised on 09 December 2024
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You are advised to regularly visit the Website for any amendments or updates to this Policy.
For enquiries, contact Our Information Offi cer.
1. DEFINITIONS
1.1. “Adequacy Decision Making” means the determination made by the European Commission regarding whether a non- European Economic Area country provides an adequate level of Data protection.
1.2. “Administrator” means the Base2Lab (Pty) Ltd, the juristic person who is responsible for hosting Our Website, running the day-to-day operations of the Website, and liaising with the Users with access to and who utilise the Website.
1.3. “Aggregation/Aggregated” shall mean the process of combining, summarizing, or grouping Data or information from multiple Users to create a summarised and anonymised dataset which includes key metrics, trends, themes, insights, or patterns derived from individual User Data without revealing any Personal Information and/or Personal Data. Such dataset shall be used by Us to inform Our research, Web-App development and improvement and to draft progress reports to track Our progress with Our business objectives and goals.
1.4. “Audiobook Recording” means the service provided by Us which consists of narration of written text, editing and delivering the fi nal product in various formats to interested Third Parties (for example author or publishers) who wish to reach a tap into the growing market of audiobooks.
1.5. “Audiovisual Books” means Our digital books that combine both audio and visual elements to enhance a Child’s reading experience through catering to different learning styles and preferences, with the following features: written, narration, sound effects, and animations.
1.6. “Base2Lab” means Base2Lab (Pty) Ltd, a private company registered in terms of the company laws of the Republic of South Africa , with registration number 2023/221525/07 situated at 9 Portswood Road, Victoria Alfred, Waterfront, Cape Town and which hosts Our Website.
1.7. “Binding Corporate Rules” means the set of internal rules adopted by multinational companies to allow the transfer of Personal Information and/or Personal Data across borders within the organisation to ensure adequate protection of Personal Information and/or Personal Data.
1.8. “Business Hours” means the hours between 08h00 and 16h30 from Monday to Friday.
1.9. “Cookies” means the small text fi les that are downloaded onto the User’s device when he/she/it accesses Our Website.
1.10. “Content” means including but not limited to any audio, blogs, data, fi gures, illustrations, images, information, interactive features, text, resources, User testimonials, videos, PDFs in whole or in part housed or contained, displayed, provided, or otherwise made available on or through the Website by Us.
1.11. “Data” means raw facts, fi gures, or information that is collected from Users, Processed, and analysed for research, and Web-App development purposes.
1.12. “Data Processing Agreement” means a legally binding contract between a Responsible Party and/or Controller and an Operator and/or Processor that outlines the terms and conditions for Processing Personal Information and/or Personal Data.
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1.13. “Digital Library” means Our online platform where We offer a collection of Audiovisual Books for Children in Multiple Languages in order for Children to learn how to read, speak, listen and engage with the digital Audiovisual Books.
1.14. “Employees” means any person employed by TAQA to render services which meet TAQA’s goals and objectives and who is entitled to receive remuneration.
1.15. “Illustrations” means the service provided by Us which consists of creating unique illustrations tailored to an interested Third Party’s specifi c project.
1.16. “Multiple Languages” means the 11 offi cial languages of the Republic of South Africa which include Afrikaans, English, isiNdebele, isiXhosa, isiZulu, Sesotho, Setswana, siSwati, Tshivenda, Xitsonga and Sepedi.
1.17. “Newsletter” means Our periodic communication that is distributed to Our Users electronically which contains updates, announcements, news, events, resources and other relevant information related to Our Services.
1.18. “Process/Processing” means any operation or set of operations which is performed upon Personal Information and/or Personal Data, whether or not by automatic means, such as collection, recording, organisation, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, blocking, erasure, or destruction of information.
1.19. “Profi le” means the Personal Information and/or Personal Data provided and the settings enabled by a User in order to create an account which will allow them to gain access and use Our Digital Library.
1.20. “Services” means the provision of Audiovisual Books in Multiple Languages through Our Website and Digital Library which allow Children to learn how to read, listen, speak and write in their selected choice of language from any electronic device at any time and the provision of supplementary Services which include Translation, Transcription, Audiobook Recording, Illustrations and Video-book Production services to authors, publishers and other interested Third Parties.
1.21. “Social Media Pages” means TAQA’s offi cial profi les and/or accounts on various social media platforms such as Facebook, Instagram, LinkedIn, YouTube and X which We use to engage with Our Users, share Content, promote Our Services and build brand awareness.
1.22. “Transcription” means the service provided by Us which consists of converting one of the Multiple Languages into written text for an interested Third Party.
1.23. “Translation” means the service provided by US which consists of converting written text from one language to another while preserving its meaning, tone, style and context for an interested Third Party.
1.24. “TAQA , We, Us or Our” means TAQA (Pty) Ltd, a private company registered in terms of the company laws of the Republic of South Africa, situated at Westwood Way Estate 1 Estelle Road, Paulshof, Sandton, Johannesburg
1.25. “Third Party/Parties” means any other natural or juristic person that is not You, the User, or Ourselves.
1.26. “User, You, Yourself/ves” means a natural or juristic person who uses TAQA’s Website for informational purposes and to receive the Services. 3
1.27. “Video-book Production” means the service provided by Us which consists of creating books that combine both audio and visual elements in order for interested Third Parties to present their books in an audiovisual manner to their target audience in an engaging manner that enhances the reading experience
1.28. “Website” means TAQA’s website located at www.taqa.africa and is owned by TAQA (Pty) Ltd.
2. WHO ARE WE
2.1. TAQA is a private owned company registered and incorporated in terms of the laws of the Republic of South Africa. We are a tech company whose aim is to expand South African Children’s knowledge, understanding and imagination through promoting the culture of reading by offering easily-accessible Audiovisual Books in Multiple Languages via Our Digital Library. TAQA’s goal is to promote the literacy rate in South African Children through various ways such as encouraging dialogue during the process of reading from an early age, fostering an understanding of the various cultural expressions within South Africa and through leveraging technology.
2.2. TAQA also provides supplementary Services which include Translation, Transcription, Audiobook Recording, Illustrations and Video-book Production services to authors, publishers and other interested Third Parties through Our Web-App.
2.3. The Website collects and Processes Personal Information and/or Personal Data of its Users. We do not collect Special Personal Information and/or Sensitive Data of Our Users and/or any other Personal Information and/or Personal Data of Children besides their age information for purposes of providing optimal Services.
PART A: THE PROTECTION OF PERSONAL INFORMATION ACT, 2013
Part A is only applicable to Users who are South African citizens or resident in South Africa.
1. POPIA DEFINITIONS
1.1. “Child/Children” means a natural person under the age of 18 years who is not legally competent, without the assistance of a Competent Person, to take any action or decision in respect of any matter concerning him- or herself.
1.2. “Competent Person” means any person who is legally competent to Consent to any action or decision being taken in respect of any matter concerning a Child which may include a Parent or Legal Guardian.
1.3. “Consent” means any voluntary, specifi c, and informed expression of will in terms of which You give Your permission to Us to Process Your Personal Information in accordance with these Terms of Use and with Our Privacy Policy.
1.4. “Data Subject” means the person who owns the Personal Information that is to be Processed by Us when they use Our Website
1.5. “De-identify” means to delete any information in a way that prevents all ways that re-identifi es the Data Subject; can be used or manipulated by a reasonably foreseeable method to identify the data subject; or can be linked by a reasonably foreseeable method to other information that identifi es the Data Subject.
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1.6. “De-identify” means to delete any information in a way that prevents all ways that re-identifi es the Data Subject; can be used or manipulated by a reasonably foreseeable method to identify the Data Subject; or can be linked by a reasonably foreseeable method to other information that identifi es the Data Subject.
1.7. “Electronic Signatures” means data in electronic form which is attached to or logically associated with other data in electronic form, and which is intended by the User to serve as a signature; as defi ned in the Electronic Transactions and Communications Act, 2002. (“ECTA”).
1.8. “Information Offi cer” means in the case of a juristic person: the chief executive offi cer or equivalent offi cer of the juristic person or any person duly authorised by that offi cer; or the person who is acting as the head of the juristic person or any person duly authorised by such acting person.
1.9. “Operator” means a person who Processes Personal Information on behalf of a Responsible Party in terms of a contract or mandate, without coming under the direct authority of the Responsible Party.
1.10. “Personal Information” means information relating to an identifi able, living, natural person and where it is applicable, to an identifi able, existing juristic person, including but not limited to:
1.10.1. information relating to 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;
1.10.2. information relating to the education or the medical, fi nancial, criminal or employment history of the person;
1.10.3. an identifying number, symbol, email address, physical address, telephone number, location information, online identifi er, or other particular assignment to the person;
1.10.4. the biometric information of the person;
1.10.5. the personal opinions, views, or preferences of the person;
1.10.6. correspondence sent by the person that is implicitly or explicitly of a private or confi dential nature or further correspondence that would reveal the contents of the original correspondence;
1.10.7. the views or opinions of another individual about the person; and
1.10.8. 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.
1.11. “Record” means recorded information, in any form, including Personal Information in computer systems, created, or received and maintained by the Responsible Party in the course of its offi cial duties and kept as evidence of such activity.
1.12. “Responsible Party” means a public or private body or any other person which alone or in conjunction with others, determines the purpose and means for Processing Personal Information. For the purposes of this Policy, We are the Responsible Party in relation to Personal Information You submit through the Website.
1.13. “South African Information Regulator” means the independent body established under the Protection of Personal Information Act (POPIA) in South Africa whose mandate is to monitor and enforce compliance with the Protection of Personal Information Act, 2013.
1.14. “Special Personal Information” means Special Personal Information as defi ned by the Protection of Personal Information Act, 2013.
2. PERSONAL INFORMATION
2.1. The Website collects and Processes the Personal Information of the Users for the purposes listed in clause 2.4 below. The Processing of Personal Information is conducted in accordance with this Privacy Policy.
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2.2. It is the duty and responsibility of the Responsible Party to direct the Users to the terms and conditions of this Privacy Policy.
2.3. Consent For Collection and Processing
2.3.1. By submitting Your Personal Information when accessing or otherwise using the Website, You agree to the terms and conditions of this Policy. You expressly Consent to the Processing of Your Personal Information in accordance with this Policy.
2.3.2. You understand that Your Consent to the Processing of Your Personal Information by Us relates strictly to the purposes specifi ed below.
2.3.3. By using Our Website, You represent and warrant that You are 18 years of age or older. This Website is not intended for use by Children. If You are a Child, You undertake to obtain Your Competent Person’s Consent before accessing and using Our Website.
2.3.1. We encourage Competent Persons to monitor the online activities of their Children at all times, however, if as a Competent Person becomes aware that their Child has provided their Personal Information to Us without the Competent Person’s Consent, the Competent Person is required to contact Our Information Offi cer in order to exercise any of Your Data Subjects’ rights listed in clause 7 below.
2.3.2. Should We become aware that We have collected and Processed the Personal Information of a Child without the Competent Person’s Consent, We will take reasonable steps to permanently delete that Personal Information, which may include Us terminating the specifi c Profi le.
2.3.4. You warrant that the Personal Information submitted on Our Website relates to You and not to a Third Party. Where You submit the Personal Information of a Third Party, You warrant that You are legally entitled to do so.
2.3.5. You expressly Consent to Us keeping Your Personal Information once Your relationship with Us has been terminated for Aggregate, statistical or historical purposes. Such Personal Information will be De-identifi ed and cannot be used to identify You personally.
2.3.6. In the event that You wish to revoke Consent pertaining to Your Personal Information and You would like Us to delete and/or destroy Your Personal Information, You are encouraged to contact Our Information Offi cer whose role and contact details are set out in clause 7 below.
2.4. Purpose For Collection and Processing
2.4.1. We primarily Process Your Personal Information collected or received from You in accordance with Your use of Our Website. We Process Your Personal Information for the following purposes:
2.4.1.1. To inform You about Our Services and other activities;
2.4.1.2. To market Our Services to You through Our Newsletter;
2.4.1.3. To respond to any queries submitted by You either through Our online contact form, WhatsApp or sent by You over email;
2.4.1.4. To provide Our Services to You including the facilitation of the Profi le creation process and administrative processes regarding Your Profi le;
2.4.1.5. To operate, maintain and improve Our Service offerings through requesting feedback from You and through the information We obtain from Our tracking technologies;
2.4.1.6. To allow You to purchase Our Audiovisual Books;
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2.4.1.7. To comply with the law, specifi cally in response to a demand from government authorities where such demand meets the legal requirements; and
2.4.1.8. To achieve other purposes as authorised or required by law (e.g., to prevent a threat to life, health, or safety, or to enforce Our legal rights).
2.5. We expressly acknowledge and undertake that we do not use any Personal Information for any other purposes not described above.
3. WHAT WE COLLECT AND HOW
3.1. We may collect, Process, and retain certain Personal Information from You in connection with Your use of the Website. We only collect Personal Information in the following ways:
3.1.1. When You visit the Website for informational purposes;
3.1.2. When You create a Profi le on Our Website in order to obtain Our Services;
3.1.3. When You send Us a WhatsApp message;
3.1.4. When You subscribe to our Newsletter;
3.1.5. When You interact with Us on any of Our Social Media Pages;
3.1.6. When You complete an online contact form on the Website and
3.1.7. When You send an email to Us or call Us.
3.2. We collect the following Personal Information:
3.2.1. When You visit Our Website for information purposes:
3.2.1.1. Your internet protocol (“IP”) address;
3.2.1.2. Your browser type and version;
3.2.1.3. Your operating system name and version;
3.2.1.4. Date of Your visit to Our Website;
3.2.1.5. The type of electronic device You are using;
3.2.1.6. Your location information; and
3.2.1.7. Your online behaviour (e.g., how long You stay on a certain page)
3.2.2. When You create a Profi le on Our Website in order to obtain Our Services:
3.2.2.1. Your email address
3.2.3. When You call Us, send Us a WhatsApp message, communicate with Us via Our Social Media Pages, complete an online contact form and send an email to Us:
3.2.3.1. Any Personal Information that may be contained in Your email or other communications with Us.
3.2.4. We do not knowingly collect or Process Personal Information of Data Subjects under the age of 18 without the respective Data Subject’s Competent Person’s Consent.
4. ACCURACY
5.1. You agree that any and all Personal Information that You provide to Us is accurate, full and up to date. In the event that Your Personal Information contains any errors or inaccuracies, You agree to indemnify and hold Us, Our offi cers, directors, employees, agents, members, and service providers harmless from and against any claims, damages, actions, and liabilities, including without limitation: loss of profi ts, direct, indirect, incidental, special, consequential, or punitive damages arising out of Our reliance on such Personal Information.
5.2. You agree to let Us know immediately if You become aware that Your Personal Information has been provided to Us by a Third Party without Your Consent or if You did not obtain Consent before providing a Third Party’s Personal Information to Us. 7
6. PROCESSING OF PERSONAL INFORMATION
5.1. We will only Process Your Personal Information where:
5.2.1. You have Consented to such Processing (which Consent may be withdrawn at any time by sending an email to Our Information Offi cer. Kindly refer to clause 7 below);
5.2.2. The Processing is necessary to provide the Website to You;
5.2.3. The Processing is necessary for the conclusion or performance of a contract between Us and You;
5.2.4. The Processing is necessary for compliance with Our legal obligations; and/or
5.2.5. The Processing is necessary to protect Your legitimate interests or to pursue Our legitimate interests or those of any Third-Party recipients that may receive Your Personal Information.
6. DISCLOSURE OF PERSONAL INFORMATION
6.1. We may disclose Your Personal Information to:
6.1.1. Our Employees who fulfi l requests by You, and to otherwise provide information, and/or technical support to You if You encounter any troubleshooting problems related to operating the Website and/or features thereof;
6.1.2. Our Administrator who manages Our Website;
6.1.3. Our Service Providers including without limitation, internet service providers and payment gateways to assist You when you have troubleshooting problems related to operating the Website; and
6.1.4. Any organisation for any authorised purpose with Your express Consent.
6.2. We may share De-identifi ed Personal Information with Third Parties for business development and research purposes.
6.3. We may further disclose Your Personal Information under the following circumstances:
6.3.1. To comply with the law or with legal process;
6.3.2. To protect and defend Our rights, equipment, facilities, and other property; and
6.3.3. To protect Us against misuse or unauthorised use of the Web-App;
6.4. We will not disclose Your Personal Information to any Third-Parties other than Our Operators who are authorised to Process Your Personal Information on Our behalf. Any other disclosure of the Personal Information that You Provide to Us, may be done only in accordance with Applicable Data Protection Laws.
6.5. Your Personal Information is stored on servers inside of South Africa. You hereby provide Us with Your Consent to store Your Personal Information inside of South Africa. We do not, by default, transfer Your Personal Information beyond the borders of South Africa.
7. OUR INFORMATION OFFICER AND YOUR RIGHTS
7.1. The Protection of Personal Information Act places a duty on Us to appoint an Information Offi cer.
7.2. The role of the Information Offi cer is fi lled by Qhawe Buwa . His contact details are:
Email Address: qhawe@taqa.africa
Contact Number: 0792945729
7.3. His duties under the Applicable Data Protection Laws are:
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7.3.2. Liaising with You when You have a question about Your Personal Information;
7.3.3. Assisting You with any requests and enforcing Your rights in respect of Your Personal Information;
7.3.4. Making sure that We are compliant with the Applicable Data Protection Laws and that We Process Your Personal Information in accordance with this Policy.
7.4. You may choose when You wish to provide Your Personal Information to Us. You also have the right to withdraw Your Consent at any time. However, if You choose not to provide certain details, or if You withdraw Your Consent, Your experience with some, or all of the Website features and/or Our Services, may be affected.
7.5. To the extent provided for in law, You have certain rights in respect of Your Personal Information, in particular:
7.5.1. Withdrawal of Consent: You may withdraw Your Consent at any time by sending a written request to Our Information Offi cer. Upon receiving notice that You have revoked Your Consent, We will stop using Your Personal Information within a reasonable time, which will vary depending on what information We have collected and for what purpose. We will send You a confi rmation email stating same.
7.5.2. Access or Obtain a Copy of Your Personal Information: You have the right to examine any of Your Personal Information that We collect. Should You wish to examine the Personal Information We hold about You, or obtain a copy thereof, please send a written request to Our Information Offi cer. As per the Promotion of Access to Information Act, 2000, We may charge a nominal fee should You request any physical copies or Records.
7.5.3. Update, Modify, Rectify, Erase: You may request Us to update, modify, rectify, or erase the Personal Information that We hold on You, by emailing Our Information Offi cer; and
7.5.4. Object: You have the right to object to Our Processing of Your Personal Information or restrict Us from using any of the Personal Information which We hold on You, including by withdrawing any Consent You have previously given to the Processing of such information. In this regard You may email Our Information Offi cer. We will send You a confi rmation email stating that We have ceased Processing Your Personal Information.
7.6. These rights are not absolute, and We therefore reserve the right to refuse any requests in terms of the above-mentioned rights, for any reason permitted under the Applicable Data Protection Laws.
7.7. Furthermore, You also have the right to lodge a complaint with the South African Information Regulator.
8. SECURITY OF PERSONAL INFORMATION
9.1. We are committed to and will implement and maintain reasonable and appropriate technical and organisational measures to safeguard any Personal Information provided to Us from accidental or unlawful destruction, loss, or alteration, as well as the unauthorised disclosure of, or access to, Personal Information transmitted, stored, or otherwise Processed.
9.2. We will review these processes regularly and improve them when required. We will delete, destroy or De-identify Personal Information once We no longer require it for the purposes mentioned herein, or as required by law.
9.3. NOTWITHSTANDING THE ABOVE, IT IS EMPHASISED THAT EVEN THOUGH WE HAVE TAKEN SIGNIFICANT STEPS TO PROTECT YOUR PERSONAL INFORMATION, YOU ACKNOWLEDGE AND UNDERSTAND THAT NO COMPANY, INCLUDING OURSELVES, CAN FULLY PROTECT AGAINST SECURITY RISKS ASSOCIATED WITH THE PROCESSING OF PERSONAL INFORMATION ONLINE.
10. RETENTION OF PERSONAL INFORMATION
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10.1. We retain Your Personal Information for the period necessary to fulfi l the purposes outlined in this Policy which may include without limitation, maintaining the performance of Our Website and the Services, and making data-driven business decisions in respect of additional or new features and/or offerings We may display on Our Website. When determining how long to retain Personal Information We consider the necessity of the Personal Information for the provision of Our Services, as well as the requirements of other Third-Parties, applicable laws, regulations, and legal obligations. We may also retain Records to investigate or defend against potential legal claims.
10.2. When retention of the Personal Information is no longer necessary, the information will either be deleted, destroyed, or Aggregated for analytics purposes which include testing our information technology systems, research, data analysis, creating marketing and promotion models, improving Our Services. Where the Personal Information is Aggregated, We will De-identify Your Personal Information.
11. TRANS-BORDER FLOW OF PERSONAL INFORMATION
11.1. Please note that We operate Our Services in the Republic of South Africa. Should You choose to access the Services from locations outside the Republic of South Africa, You Consent to the collection, transmission, use, storage and Processing of Your Personal Information in accordance with the local laws, regulations, and rules in Our jurisdiction in order to access and use Our Services. If You are a United Kingdom national the General Data Protection Regulation (GDPR) will apply in terms of how We handle and Process the information You provide to Us . We hereby disclaim any representations that Our Services are available for use in jurisdictions outside the Republic of South Africa
11.2. We are committed to ensuring the protection of Your Personal Information collected from You. As Our Services cater to Data Subject across the globe, We may transfer Personal Information across international borders to Process and store it in accordance with the Applicable Data Protection Laws and Our operational needs, These transfers are necessary for the purposes outlined in clause 2.4 above, including providing Our Services, improving Our Service offerings, and complying with legal obligations.
11.3. To facilitate lawful trans-border fl ows of Your Personal Information, We employ various mechanisms such as:
11.3.1. Standard Contractual Clauses as approved by the relevant authorities in Your jurisdiction to ensure adequate protection for Your Personal Information.
11.3.2. Adequacy Decision Making where We recognise jurisdiction deemed by the relevant authorities to provide adequate protection for Your Personal Information.
11.3.3. Binding Corporate Rules where applicable, to facilitate intra-group transfers.
11.3.4. Concluding Data Processing Agreements with Third Party Service Providers who assist Us with Our Services worldwide in order to ensure compliance with the Applicable Data Protection Laws.
11.3.5. Implementation of robust technical and organisational measures to protect Your Personal Information during international transfers, including encryption, access controls and regular security assessments to prevent unauthorised access, disclosure , alteration or destruction of Your Personal Information.
PART B: APPLICABLE DATA PROTECTION LAWS
Part B is applicable to Users who are citizens or resident in other jurisdictions worldwide.
1. APPLICABLE DATA PROTECTION LAWS DEFINITIONS 10
1.1. “Anonymized” means the procedure of Processing Personal Data in such a way that it can no longer be attributed to a specifi c Data Subject without additional information in accordance with the provisions of Applicable Data Protection Laws so that there is no risk of re-identifi cation. The term “Anonymised” as used in this Terms shall be the specifi c term used and shall hold the meaning ascribed to it in the Applicable Data Protection Laws, in the event of any confl ict between such defi nitions, the defi nition most favourable to the protection of the Data Subject shall apply.
1.2. “Applicable Data Protection Laws” means all legislation, regulations or guidance notes in the applicable country, whether promulgated or in draft form, protecting the fundamental rights and freedoms of individuals or juristic persons in respect of their right to privacy and the Processing of Personal Data.
1.3. “Applicable Data Protection Authority” means the regulatory body or bodies responsible for overseeing and enforcing the Applicable Data Protection Laws and safeguarding individuals’ privacy rights in various jurisdictions where Our Users reside or are citizens of.
1.4. “Controller” means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the Processing of Personal Data; where the purposes and means of such Processing are determined by Union or Member State law, the Controller or the specifi c criteria for its nomination may be provided for by Union or Member State law. The term “Controller” as used in this Terms shall be the specifi c term used and shall hold the meaning ascribed to it in the Applicable Data Protection Laws, in the event of any confl ict between such defi nitions, the defi nition most favourable to the protection of the Data Subject shall apply. TAQA is the Controller in this instance.
1.5. “Consent” means any freely given, specifi c, informed and unambiguous indication of the Data Subject’s wishes by which he or she, by a statement or by a clear affi rmative action, signifi es agreement to the Processing of Personal Data relating to him or her. The term “Consent” as used in this Terms shall hold the meaning ascribed to it in the Applicable Data Protection Laws, in the event of any confl ict between such defi nitions, the defi nition most favourable to the protection of the Data Subject shall apply.
1.6. “Data Subject” means the person who is the subject of Personal Data that is being processed by Us in order to provide Our Services.
1.7. “Personal Data” means any information that relates to an identifi ed or identifi able person, whether natural or juristic as the case may be, which includes without limitation names, identifi cation numbers, location data, online identifi ers, and factors specifi c to the physical, physiological, genetic, mental, economic, cultural, or social identity of that person as defi ned in the Applicable Data Protect Law in a specifi c jurisdiction.
1.8. “Processor” means a natural or legal person, public authority, agency, or other body which Processes Personal Data on behalf of the Controller. The term “Processor” as used in this Terms shall be the specifi c term used and shall hold the meaning ascribed to it in the Applicable Data Protection Laws, in the event of any confl ict between such defi nitions, the defi nition most favourable to the protection of the Data Subject shall apply.
1.9. “Sensitive Data” means the category of Data that requires extra protection and handling due to tits nature and the potential harm that may result from its unauthorised access or disclosure including without limitation, biometric Data, health information, religious and/or philosophical beliefs, political opinions, sexual orientation, fi nancial information and Data concerning criminal convictions and offenses. The term “Sensitive Data” as used in these Terms shall be the specifi c term and hold the meaning ascribed to it in the Applicable Data Protection Laws, in the event of 11
any confl ict between such defi nitions, the defi nition most favourable to the protection of the Data Subject shall apply.
2. PERSONAL DATA
2.1. The Website collects and Processes the Personal Data of the Users for the purposes listed in clause 2.4 of Part B of this Policy below in accordance with this Privacy Policy.
2.2. It is the duty and responsibility of the Controller to direct the Users to the terms and conditions of this Privacy Policy.
2.3. Consent for Collection and Processing
2.3.1. By accessing, visiting, or otherwise using Our Website, You agree to the terms and conditions of this Privacy Policy. You expressly Consent to the Processing of Your Personal Data in accordance with this Privacy Policy and the Applicable Data Protection Laws.
2.3.2. When submitting a Third Party’s Personal Data, You represent and warrant that You have obtained their express Consent beforehand.
2.3.3. By visiting Our Website, You confi rm that You are 18 years or older. Any individual under the age of 18 is not permitted to access and use Our Website.
2.3.4. You expressly Consent to Us keeping Your Personal Data once Your relationship with Us has been terminated for aggregate, statistical or historical purposes. Such Personal Data will be Anonymized and cannot be used to identify You personally.
2.4. Purpose for Collection
2.4.1. We use the Personal Data We collect from You for the reasons listed in clause 2.4 under Part A of this Privacy Policy.
3. WHAT WE COLLECT AND HOW
3.1. We may collect, Process, and retain certain Personal Data from You in connection with Your use of the Website through the methods listed under clause 3 in Part A of this Privacy Policy in order to provide You with Our Services.
3.2. We do not knowingly collect or Process Personal Data of Data Subjects under the age of 18 without the respective Data Subject’s parent or legal guardian’s Consent.
4. ACCURACY
4.1. You agree that all Personal Data provided to Us is accurate. If any errors or inaccuracies are found, You agree to indemnify and hold Us harmless from any resulting claims or damages arising out of Our reliance on such Personal Data.
4.2. You also agree to inform Us immediately in writing if your Personal Data is shared without Your Consent or if You share a Third Party’s Personal Data without proper Consent.
5. PROCESSING OF PERSONAL DATA
5.1. We will only Process Your Personal Data on the following basis:
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5.1.1. Consent – You have provided Us with clear consent to process Your Personal Data by clicking “I Accept” or any other similar wording that signify Your Consent when presented with this Policy and the Terms of Use. Please note that such Consent may be withdrawn at any time by sending an email to Our Information Offi cer. Kindly refer to clause 11 below);
5.1.2. Contract – The Processing of Your Personal Data is necessary to provide the Website and Our Services to You;
5.1.3. Legal obligations – Processing of Your Personal Data is necessary to comply with Our legal obligations under the applicable legislation in Your jurisdiction; and
5.1.4. Legitimate Interest – Processing of Your Personal Data is necessary for the protection of Our and/or Your legitimate interests which includes without limitation responding to Your queries or providing You with the Services.
6. DISCLOSURE OF PERSONAL DATA
6.1. We may disclose your Personal Data to the following natural and/or juristic persons:
6.1.1. Our Employees who fulfi l requests by You, and to otherwise provide information, and/or technical support to You if You encounter any troubleshooting problems related to operating the Website and/or features thereof;
6.1.2. Our Administrator who manages the Our Website;
6.1.3. Our Service Providers including without limitation, internet service providers and payment gateways to assist You when you have troubleshooting problems related to operating the Website; and
6.1.4. Any organisation for any authorised purpose with Your express Consent.
6.2. We may share Anonymised Personal Data with Third Parties for business development and research purposes
6.3. We may disclose Your Personal Data under the following circumstances:
6.3.1. To comply with the law and associated legal processes;
6.3.2. To protect and defend Our rights, equipment, facilities, and other property; and
6.3.3. To protect Us against misuse or unauthorised use of the Website.
6.4. We will not disclose Your Personal Data to any Third-Parties other than Our Processors who are authorised to Process Your Personal Data on Our behalf. Any other disclosure of the Personal Data that You Provide to Us, may be done only in accordance with Applicable Data Protection Laws.
6.5. Your Personal Data is stored on servers inside of South Africa. You hereby provide Us with Your Consent to store Your Personal Data inside of South Africa. We may transfer Your Personal Data beyond the borders of Your respective jurisdiction by default as We are based in South Africa and provide Our Services from South Africa.
7. YOUR RIGHTS
7.1. The Applicable Data Protection Law may afford you the following rights in respect of Your Personal Data:
7.1.1. Access – You may request Us to access Your Personal Data held by Us;
7.1.2. Erasure – You may request Us to delete Your Personal Data that is under Our control;
7.1.3. Inform – You may request Us to inform You how Your Personal Data under Our control is being Processed, including the purposes for Processing, the categories of Personal Data being processed, and any Third Parties with whom the Personal Data may be shared with;
7.1.4. Object – You may object to Us processing Your Personal Data;
7.1.5. Rectify: You may request Us to rectify any errors in Your Personal Data under Our control;
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7.1.6. Restrict: You may request Us to restrict the use of Your Personal Data under Our control; and
7.1.7. Portability: You may request Us to transfer Your Personal Data;
7.2. You also have the right to request Us to stop sending You Our marketing communications at any time. To unsubscribe, follow the instructions in contained in Our Newsletter or contact our Information Offi cer.
7.3. Please note that these rights are not guaranteed or absolute as data protection legislation vary from country to country worldwide, resulting in some countries may have specifi c requirements or additional rights for Data Subjects. We therefore reserve the right to refuse any requests in terms of the above-mentioned rights, for any reason permitted under the Applicable Data Protection Laws.
7.4. In the event that You wish to enforce any of the above rights, You can request this by emailing Our Information Offi cer. Furthermore, You also have the right to lodge a complaint with the Applicable Data Protection Authority in Your specifi c jurisdiction.
8. SECURITY OF YOUR PERSONAL DATA
8.1. We implement reasonable technical and organizational measures to protect Personal Data from unauthorized access, disclosure, alteration, or destruction.
8.2. NOTWITHSTANDING THE ABOVE, IT IS EMPHASISED THAT EVEN THOUGH WE HAVE TAKEN SIGNIFICANT STEPS TO PROTECT YOUR PERSONAL DATA, YOU ACKNOWLEDGE AND UNDERSTAND THAT NO COMPANY, INCLUDING OURSELVES, CAN FULLY PROTECT AGAINST SECURITY RISKS ASSOCIATED WITH THE PROCESSING OF PERSONAL INFORMATION ONLINE
9. RETENTION OF YOUR PERSONAL DATA
9.1. We will retain Your Personal Data only for as long as necessary to fulfi ll the purposes for which it was collected or as required by law. We will securely delete or Anonymize Your Data when it is no longer needed.
10. TRANSBORDER FLOW OF YOUR PERSONAL DATA
10.1. We will transfer Your Personal Data across borders in accordance with clause 10 of Part A of this Policy.
11. FURTHER INFORMATION
11.1. For further information on Our privacy practices and Your rights under the Applicable Data Protection Laws, please contact Our Information Offi cer who can be reached at qhawe@taqa.africa.
PART C – GENERAL INFORMATION
1. USER ANALYTICS AND TRACKING
1.1. We use Google Analytics as a tracking technology to collect information for the purpose of tracking traffi c to understand User interaction with Our Website. The information collected is kept confi dential. You can fi nd more information on Google Analytics’ privacy policy here.
1.2. Google Analytics may use various Cookies to collect information and report site usage statistics in order for Us to improve Your experience with Our Website through various ways such as recognising 14
Your electronic device when You use Our Services and for security purposes and analysing statistical information about Your use of the Services in order to continually improve Our Web-App’s design and functionality. Most browsers allow You to reject Cookies or any other tracking technologies by actively managing the settings on Your electronic device. However, please note that if You choose not to allow certain Cookies through blocking or deleting them, or if You withdraw Your Consent, Your experience with some, or all of Our Website’s features may be affected.
1.3. We collect and use the information as mentioned in this clause for the purposes of administering and improving Our Website, Our Services and communication with You by analysing this information through Google Analytics. This information may be shared with Our Administrator to such an extent as it is necessary for them to administer and improve Our Website.
2. THIRD PARTY ACCESS – OUR SOCIAL MEDIA PAGES
2.1. If You engage in any interaction with Us on any of Our Social Media Pages, You agree and understand that:
2.1.1. the Personal Information and/Personal Data You submit by and through Our Social Media Pages can be read, collected and/or used by other users of these websites subject to the privacy settings associated with Your social media account with the applicable Social Media website, and that it can be used to send You unsolicited messages or otherwise to contact You without Your Consent, and
2.1.2. where We respond to any interaction on Our Social Media Pages, Your social media account name and/or handle may be viewed by any and all of Our members which constitute Our social media presence.
2.2. You agree that We shall not be held responsible for the Personal Information and/or Personal Data that You choose to submit on Our Social Media Pages. You understand that the social media websites are independently operated and that We are not responsible for such social media websites’ interfaces, privacy or security practices. We encourage You to review the privacy practices and settings of the social media websites with which You interact to help You understand their applicable privacy notices or policies.
3. MARKETING OUR SERVICES
3.1. Direct Marketing Communications – We may use Your Personal Information and/or Personal Data to provide You with direct marketing communications about Our Services, promotions, and events that may be of interest to You. These communications may be sent via:
a) Our Website,
b) Our Social Media Pages,
c) Email, and
d) Ayoba Messaging App.
3.1.1. You have the right to object and/or opt-out of receiving direct marketing communications from Us at any time by:
3.1.1.1. Emailing Us Your objection, or
3.1.1.2. Following the instructions provided by Us of how to unsubscribe from Our direct marketing communications.
PLEASE NOTE THAT OBJECTING AND/OR OPTING OUT OF DIRECT MARKETING COMMUNICATIONS WITH US WILL NOT AFFECT OTHER COMMUNICATIONS RELATED TO YOUR PROFILE OR TRANSACTIONS WITH US.
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3.2. Newsletters – We may use Your Personal Information and/or Personal Data to email You Our Newsletter which We use to regularly provide You with information about Our latest offers. In this instance, You will be required to subscribe to the Newsletter in order to receive such communications from Us:
3.2.1. When You subscribe to Our Newsletter, You Consent to the analysis and evaluation of the click and open rates of the Newsletter which enables Us to track the success of Our Newsletter and the topics which You were particularly interested in so that We can better align Our Newsletter with Your interests.
3.2.2. You can revoke Your Consent to receiving Our Newsletter by clicking the unsubscribe link provided in every Newsletter or by sending Our Information Offi cer an email indicating that You revoke Your Consent to receiving Our Newsletter.
3.3. Comments, Feedback and Survey Responses – With Your Consent, We may use Your comments, feedback and survey responses to create Content for Our Website detailing Your experience with the provision of Our Services.
4. OBJECTIONS, COMPLAINTS AND QUERIES
4.1. Should You feel that You would like to object to the collection, use or otherwise Processing of Your Personal Information and/or Personal Data, kindly complete FORM 1 and email it to Our Information Offi cer.
4.2. Should You require a correction to be made to Your Personal Information and/or Personal Data that We keep on record, or You would like us to delete Your Personal Information and/or Personal Data, kindly complete FORM 2 and email it to Our Information Offi cer. For any other queries about this Policy, kindly contact Our Information Offi cer.
4.3. We will endeavour to make any correction, provide any Record (We reserve the right to charge a small fee if You require a physical copy), cease Processing of Your Personal Information and/or Personal Data or delete Your Personal Information and/or Personal Data in accordance with Your request. We will treat Your requests or complaints confi dentially.
5. CHANGES TO THIS POLICY
5.1. We may change this Policy at any time, in which case any amended terms shall be effective immediately upon the posting of the revised Policy and any subsequent activity in relation to the Website shall be governed by such amended terms. We therefore recommend that You review this Policy regularly.
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