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Privacy Policy

Last updated: January 26, 2024

Index

  1. Interpretation and Definitions
  2. Data Collecting and Processing
  3. Collecting and Using Your Personal Information
  4. Processing Your Personal Data
  5. GDPR Privacy
  6. Facebook Fan Page
  7. What We Do Not Collect
  8. Data Transfer
  9. Security
  10. Your Rights
  11. Transborder Flow of Information
  12. Data Retention
  13. Links to Other Websites
  14. Changes to This Privacy Policy
  15. General
  16. Governing Law
  17. Contact Details

We as Kibo Computer Services Proprietary Limited (“we”, “us”, “Kibo”) are a database administrator. DataGrows is a product of Kibo.

At Kibo, we take online privacy seriously and respect the trust placed in us by our community of users.

This Privacy Policy describes how we collect, use, store, process, and disclose your Personal Information (data that can be used to identify you) when you access, or make use of our platforms, products, services, affiliated sites and applications (“services”) to help you make informed decisions about how you share information when you visit or use the site and any of our applications.

We use your Personal Information to provide and improve our service offering to you. By using our site and any of our applications, you consent to the collection and use of your Personal Information in accordance with this Privacy Policy.

Kibo complies with the provisions of the Protection of Personal Information Act (POPI), 4 of 2013 (“the Act”).

INTERPRETATION AND DEFINITIONS

Interpretation

The words of which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or plural.

Definitions

For purposes of this Privacy Policy, the following words shall bear the following meanings:

Account means a unique account created for You to access our Service or parts of our Service;

Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority;

Application means any of our software programs provided by the Company and downloaded by You on any electronic device;

Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Kibo Computer Services (Pty) Ltd, 21 Weltevreden rd, Northcliff, Randburg, South Africa 2195;

Country refers to South Africa;

Data Controller, for the purposes of the GDPR (General Data Protection Regulation), refers to the Company as the legal person which alone or jointly with others determines the purposes and means of the processing of Personal Data;

Device means any device that can access the Service such as a computer, laptop, mobile device or a digital tablet;

Facebook Fan Page is a public profile named “DataGrows” specifically created by the Company on the Facebook social network, accessible from https://www.facebook.com/Data-Grows-103396501876793;

Personal Information means Personal Information as defined in the POPI Act and includes but is not limited to: and to the extent if associated with an identifiable individual: an address, a contact number, a work or personal email address, photos or CCTV, IP address, a web cookie, job title with a name, gender, age, marital status, language spoken; and includes Special Personal Information as defined in the POPI Act and includes but is not limited to: race or ethnic origin, religious or philosophical beliefs, trade union membership, political persuasion, sexual orientation, health records, unproven criminal behaviour, private correspondence, views held by others on the person, biometrics (DNA and fingerprints);

Service refers to any services and applications offered by the Company;

Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used. For the purpose of the GDPR, Service Providers are considered Data Processors;

Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.

Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit);

You means the individual accessing or using the Service, or the Company, site or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

DATA COLLECTING AND PROCESSING

We collect your Personal Information and Special Personal Information for different reasons and we will only use it in accordance with this Policy and the applicable laws. Please ensure that you read this Policy before submitting any Personal Information to us. By submitting Personal Information to us, you consent to the processing thereof in accordance with this Policy.

COLLECTING AND USING YOUR PERSONAL INFORMATION

Types of Personal Information collected

Personal Information

While using our Service, we may ask You to provide us with certain personally identifiable information that can be used to contact you. Such Personal Information may include, but is not limited to:

  • your first and last name(s);
  • your identity number;
  • your email address;
  • a mobile number;
  • your date of birth;
  • your physical address
  • bank account details
  • social media handles
  • usage data which is collected automatically and may include information such as Your Device’s IP address, browser version, the type of mobile device You use, mobile operating system, pages of our Service visited by You and other diagnostic data.

Purpose of collecting and use of your Personal Information:

  • we may use your Personal Information to provide you with information on products and services that you have requested;
  • to monitor the usage of our Service;
  • to notify you regarding updated or informative communications relating to the functionalities of the products and services including security updates, when necessary or reasonable for their implementation;
  • to verify your identity;
  • to provide customized advertising, promotions and offers by way of direct marketing only where you have given us your consent to do so;
  • to manage your account with us, Your registration as a user of the Service, comply with your instructions and resolving any complaints you may have;
  • for the performance of a contract: the development, compliance and undertaking of the purchase of products, items or services from Us;
  • to attend to and manage any requests You may have;
  • to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by Us about our Service users is among the assets transferred;
  • we may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.

Sharing of your Personal Information:

We may share your Personal Information in the following situations:

  • With Service Providers: We may share Your Personal Information with Service Providers to monitor and analyse the use of our Service, for payment processing and to contact You;
  • For business transfers: We may share or transfer Your Personal Information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company;
  • With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honour this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us;
  • With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions;
  • With other users: when You share Personal Information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile;
  • With Your consent: We may disclose Your Personal Information for any other purpose with Your consent.

PROCESSING YOUR PERSONAL DATA

The Service Providers We use may have access to Your Personal Data. These third-party vendors collect, store, use, process and transfer information about Your activity on Our Service in accordance with their Privacy Policies.

Analytics

We may use third-party Service providers to monitor and analyze the use of our Service.

Google Analytics

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic if you agree to our Cookie Policy on the website. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

You may opt-out of certain Google Analytics features through your mobile device settings, such as your device advertising settings or by following the instructions provided by Google in their Privacy Policy: https://policies.google.com/privacy

For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/terms

Email Marketing

We may use Your Personal Data to contact You with newsletters, marketing or promotional materials and other information that may be of interest to You. You may opt-out of receiving any, or all, of these communications from Us by following the unsubscribe link or instructions provided in any email We send or by contacting Us.

We may use Email Marketing Service Providers to manage and send emails to You.

Payments

We may provide paid products and/or services within the Service. In that case, we may use third-party services for payment processing (e.g. payment processors).

We will not store or collect Your payment card details. That information is provided directly to Our third-party payment processors whose use of Your Personal Information is governed by their Privacy Policy.

These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

PayPal

Their Privacy Policy can be viewed at https://www.paypal.com/webapps/mpp/ua/privacy-full

PayFast

Their Privacy Policy can be viewed at https://payfast.io/wp-contents/uploads/2023/02/Privacy-Policy_2023.pdf

Netcash

Their Privacy Policy can be viewed at https://netcash.co.za/privacy-policy/

GDPR PRIVACY

Legal basis for processing Personal Information under the GDPR

We may process Personal Information under the following conditions:

Consent: You have given Your consent for processing Personal Information for one or more specific purposes.

Performance of a contract: Provision of Personal Information is necessary for the performance of an agreement with You and/or for any pre-contractual obligations thereof.

Legal obligations: Processing Personal Information is necessary for compliance with a legal obligation to which the Company is subject.

Vital interests: Processing Personal Information is necessary in order to protect Your vital interests or those of another natural person.

Public interests: Processing Personal Information is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Company.

Legitimate interests: Processing Personal Information is necessary for the purposes of the legitimate interests pursued by the Company.

In any case, the Company will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Information is a statutory or contractual requirement, or a requirement necessary to enter into a contract.

Your Rights Under the GDPR

The Company undertakes to respect the confidentiality of Your Personal Information and to guarantee You can exercise Your rights.

You have the right under this Privacy Policy, and by law if You are within the EU, to:

Request access to Your Personal Information. The right to access, update or delete the information We have on You. Whenever made possible, you can access, update or request deletion of Your Personal Information directly within Your account settings section. If you are unable to perform these actions yourself, please contact Us to assist You. This also enables You to receive a copy of the Personal Data We hold about You.

Request correction of the Personal Information that We hold about You. You have the right to have any incomplete or inaccurate information We hold about You corrected.

Object to processing of Your Personal Information. This right exists where We are relying on a legitimate interest as the legal basis for Our processing and there is something about Your particular situation, which makes You want to object to our processing of Your Personal Information on this ground. You also have the right to object where We are processing Your Personal Information for direct marketing purposes.

Request erasure of Your Personal Information. You have the right to ask Us to delete or remove Personal Information when there is no good reason for Us to continue processing it.

Request the transfer of Your Personal Information. We will provide to You, or to a third-party You have chosen, Your Personal Information in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which You initially provided consent for Us to use or where We used the information to perform a contract with You.

Withdraw Your consent. You have the right to withdraw Your consent on using your Personal Information. If You withdraw Your consent, We may not be able to provide You with access to certain specific functionalities of the Service.

Exercising Your GDPR Data Protection Rights

You may exercise Your rights of access, rectification, cancellation, and opposition by contacting Us. Please note that we may ask You to verify Your identity before responding to such requests. If You make a request, We will try our best to respond to You as soon as possible.

You have the right to complain to a Data Protection Authority about Our collection and use of Your Personal Information. For more information, if You are in the European Economic Area (EEA), please contact Your local data protection authority in the EEA.

FACEBOOK FAN PAGE

The Facebook company is now Meta. Their Terms of Use, Data Policy, and Cookie Policy have been updated on their site to reflect the new name on 4 January 2022. While the company name has changed, they continue to offer the same products. Their policies remain in effect and the name change does not affect the use or sharing of data.

Data Controller For The Facebook Fan Page

The Company is the Data Controller of Your Personal Information collected while using the Service. As the operator of the Facebook Fan Page https://www.facebook.com/Data-Grows-103396501876793, the Company and the operator of the social network Facebook are Joint Controllers.

The Company has entered into agreements with Facebook that define the terms for use of the Facebook Fan Page, among other things. These terms are mostly based on the Facebook Terms of Service: https://www.facebook.com/terms.php

Visit the Facebook Privacy Policy https://www.facebook.com/policy.php for more information about how Facebook manages Personal data or contact Facebook online, or by mail: Facebook, Inc. ATTN, Privacy Operations, 1601 Willow Road, Menlo Park, CA 94025, United States.

Facebook Insights

We use the Facebook Insights function in connection with the operation of the Facebook Fan Page and on the basis of the GDPR, in order to obtain anonymized statistical data about Our users.

For this purpose, Facebook places a Cookie on the device of the user visiting Our Facebook Fan Page. Each Cookie contains a unique identifier code and remains active for a period of two years, except when it is deleted before the end of this period.

Facebook receives, records, and processes the information stored in the Cookie, especially when the user visits the Facebook services, services that are provided by other members of the Facebook Fan Page and services by other companies that use Facebook services.

For more information on the privacy practices of Facebook, please visit the Facebook Privacy Policy here: https://www.facebook.com/privacy/policy/

WHAT WE DO NOT COLLECT

We do not collect sensitive data, such as your race, ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, health data, or sexual orientation.

We also do not knowingly collect personally identifiable information from anyone under the age of 18 years. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Information, please contact Us. If we become aware that We have collected Personal Information from anyone under the age of 18 without verification of parental consent, We take steps to remove that information from Our servers.

DATA TRANSFER

The sharing of Personal Information may necessitate the transfer of user information across foreign borders and in such an event we will comply with the requirements of the applicable jurisdiction and laws in that region.

SECURITY

Kibo takes all reasonable steps to safeguard Personal Information and data from unauthorized access or use, misuse, loss, or interference to ensure the continued integrity and confidentiality of your Personal Information. The same standards are imposed upon third parties to whom your Personal Information is shared by Kibo.

We have implemented security measures to protect the security of your personal data. However, as with any transfer of data, there are still risks of data breaches. We regularly review security and privacy practices to ensure our systems and services are secure. While we cannot guarantee that loss, misuse, or alteration of data will not occur, we use all reasonable efforts to prevent this.

YOUR RIGHTS

The following rights are afforded to you in terms of the protection of the Act and we take all reasonable measures to ensure that:

  • You may request access to your Personal Information;
  • You may withdraw your consent (opt-out) to our use of your Personal Information;
  • You may request to correct or change your Personal Information so that it is accurate and up-to-date;
  • You may request that we limit the processing, sharing or transfer of your Personal Information;
  • You may request that we delete your Personal Information; or
  • Lodge a complaint with us, however, if you are not happy with how we handle the process, you may lodge a complaint with the Information Regulator.

TRANSBORDER FLOW OF INFORMATION

Your information, including Personal Information, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ from those in Your jurisdiction.

We may transfer your Personal Information outside of South Africa to a different jurisdiction depending on the information shared within Kibo. If the transfer of Personal Information and data occurs, we will ensure this is data protected in accordance with this Privacy Policy and in terms of the Data Protection laws in that jurisdiction.

No transfer of Your Personal Information will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other Personal Information.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

DATA RETENTION

We may keep and process some or all of your Personal Information if and for as long as:

  • we are required or permitted by law or a contract with you to keep it;
  • we reasonably need it for lawful purposes related to our functions and activities;
  • we reasonably need it for evidentiary purposes; or
  • you agree to us keeping it for a specified further period.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

CHANGES TO THIS PRIVACY POLICY

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

GENERAL

If any provision of this Privacy Policy is judged to be illegal, void or unenforceable due to any applicable law or by order of a court of competent jurisdiction, the offending provision shall be deemed severable from the remaining terms of this Policy and deleted. The unaffected portions of this Policy will continue to be in full force and effect and the remainder of the provisions will not be prejudiced.

If we or you do not enforce any right in terms of this Policy, it will not constitute a waiver of that right.

GOVERNING LAW

The law of South Africa applies to this Privacy Policy and any dispute or claim arising from this Policy.

CONTACT DETAILS

If you have any questions, requests, or complaints in relation to your Personal Information or data, please contact us using the following email: hello@mydatagrows.com.