Last updated: 7 September 2018
Please read this Policy carefully before using the Website, App and the Services or products we may offer as it will apply when you access or use our Website, App and Services, and will create a legally binding contract between us.
Your use of the Website, App and Services is regulated by this Policy as well as additional terms available on our Website and App. These additional terms include the general website browsing terms that apply to your general use of the Website and App (“Browser Terms“), and the terms and conditions applicable to Users of the Website, App and Services (“User Terms“). If there is a conflict between this Policy and the additional terms, the User Terms will take preference, followed by this Policy and finally the Browser Terms, in so far as the additional terms are applicable to you.
Unless notice is required in terms of the law, we may change the terms of this Policy from time to time in line with any changes that the law or our internal business operations require, without prior notice. However, we will notify you of any material changes to this Policy. The current version of this Policy that applies at the time you visit and/or use the Website or App will regulate our relationship. It is your responsibility to consider the Policy each time you use the Website or App. If you do not agree with any terms of this Policy, you must stop using the Website, App and Services.
The right to privacy and this Policy is important to us. We are committed to taking steps to protect your privacy when you use our Website, App and Services, and we therefore implement business practices that comply with applicable laws, including the Protection of Personal Information Act, 4 of 2013 (“POPI“) and the General Data Protection Regulation ((EU) 2016/679) (“GDPR“) (collectively “Applicable Law“). In this Policy, we explain how we will use and protect your personal information.
- What is personal information?
If we refer to “personal information” or “information” in this Policy, we mean personal information as defined in Applicable Law, being information that may be used to directly or indirectly identify you. It includes, for example, your full name, surname, email address, identity number, contact details, and location.
- Collecting your personal information
We collect information about you when you use our Website, App and Services, and when you communicate with us. We may also collect information about you from third parties and public sources, such as social media platforms, including when you connect with us through a social media networking site, and where you have made your personal information public, and from our partners and service providers.
We may generally store and use the following information:
- General personal information: your name and surname, gender, date of birth, age, nationality, language preferences, identity or passport number.
- Profile pictures used on social media sites.
- Contact details: address, contact number, email address and public social media profiles.
- User information: personal information included in correspondence, transaction documents, use of the Services or other materials that we process in the course of providing the Services.
- Account details: such as your username, password, gameplay and usage data, and aggregate statistical information.
- Consent records: records of any consents you have given us in respect of using your personal information and records of any withdrawals or refusals of consent.
- Payment details: payment method, information provided by payment gateway service provider, payment amount, date and reason for payment and related information.
- Data relating to our Website and App: such as the type of device you use to access the Website and App, the operating system and browser, browser settings, IP address, dates and times of connecting to and using the Website and App and other technical communications information.
- Cookies and other technologies: including session cookies and other technologies.
- Content and advertising data: records of your interactions with our online advertising on the various websites which we advertise and records relating to content displayed on web-pages displayed to you.
- Views and opinions: any views and opinions that you choose to share with us, or publicly post about us on social media platforms or on the various app stores from which our App is available.
- Children’s personal information: personal information of any User below the age of 18 (eighteen) years necessary for us to render the Services and with the consent of a parent or guardian.
When you use our Website and App, we automatically receive and record information on our server logs from your browser which may include your location, IP address, cookie information, and the page you requested. This is statistical data about browsing actions and patterns and does not directly identify any individual. We may also obtain information about your general internet usage through a cookie file which is stored on the hard drive of your computer. Cookies enable us to improve our service to you, estimate our audience size and usage patterns, store information about your preferences and recognise when you return to our Website and App.In some instances, we collect and store information about your location. We convert your IP address or mobile GPS data into a rough geo-location. We may use location information to improve and personalise our services for you.
- Use of your information
We use your information to provide our Website, App and Services to you and generally for purposes of our relationship.
- Purposes for processing information
We will only process adequate and relevant information to:
- Perform in terms of our agreement.
- Operate and manage your account.
- Monitor and analyse our business to ensure that it is operating properly, for financial management and for business-development purposes.
- Contact you by email or other means to tell you about our products and services (you can always opt out from future marketing).
- Form a view of you as an individual and to identify, develop or improve products that may interest you.
- Carry out market research, business and statistical analysis, and necessary audits.
- Perform other administrative and operational tasks like testing our processes and systems and ensuring that our security measures are appropriate and adequate.
- Comply with our regulatory or other business or legal obligations.
We may use your information for other purposes if the law allows for it, or if you consent to it, or if it is in the public interest.
- Direct marketing
We may process your personal information to contact you with information regarding our Services. Where we provide Services to you (where you are a customer of ours), we may send information to you regarding our Services and other information that may be of interest to you, using the contact details that you have provided to us. We will only send you direct marketing communications in compliance with Applicable Laws.
You may unsubscribe from any direct marketing communications at any time by clicking on the unsubscribe link that we include in every direct marketing communication, in your account settings on the Website or App or by contacting us and requesting us to do so.
After you unsubscribe, we will not send you any direct marketing communications, but we will continue to contact when necessary in connection with providing you with the Services or in connection with our business.
- Links on our Website and App
Our Website and App may include links to other apps or third party websites which do not fall under our supervision. We cannot accept any responsibility for your privacy or the content of these websites or apps, but we display these links to make it easier for our visitors to find information about specific subjects.
- Your legal rights
You have certain rights in relation to your personal information. As available and except as limited under Applicable Law, you have the following rights in respect of your personal information:
- Right of access – the right to be informed of and request access to the personal information that we process about you;
- Right to rectification – you may request that your personal information be amended or updated where it is inaccurate or incomplete;
- Right to erasure – the right to request that we delete your personal information, subject to applicable limitations and exceptions;
- Right to restrict processing – you may request that we temporarily or permanently stop processing your personal information;
- Right to object –
- you may object to us processing your personal information; and
- to your personal information being processed for direct marketing purposes;
- Right to information portability – you may request a copy of your personal information and request that information to be transmitted for use by another person; and
- Right not to be subject to automated decision-making – where a decision that has a legal or other significant effect is based solely on automated decision making, including profiling, you may request that your personal information not be processed in that manner.
Where you have provided consent for us to process your personal information, you may also withdraw your consent where our processing is based on your consent. However, we may continue to process your personal information if another legal justification exists for the processing.
- Right to object
You may, on reasonable grounds, object to us using your information for certain purposes. If you object, we will stop using your information, except if the law allows its use. To exercise this right or to discuss it with us, please contact us at [email protected].
- Children’s information and special personal information
We do not intentionally collect or use information of children (persons under the age of 18 (eighteen) years) unless with consent. Our intention is to only process information of children with the consent of a competent person (a parent or guardian) or if the law otherwise allows or requires us to process such information. Similarly, we do not intentionally collect or process sensitive personal information of children and will only do so with consent or if required by Applicable Law.
We will only use the personal information of child Users for purposes of providing the Website, App and Services to them in terms of the consent received or if there is a legal justification to use the personal information in terms of Applicable Laws.
No one under the age of 13 (thirteen) may provide Augmentors with any personal information and we will delete any such information as soon as possible after becoming aware of it. If you believe that we might have any personal information from or about a person under the age of 13, please contact us.
- Disclosure of personal information
We will keep your personal information confidential and only share it with others in terms of this Policy, or if you consent to it, or if the law requires from us to share it. We may disclose your personal information to:
- employees on a need to know basis;
- our business partners or third party processors in order to provide you with the Website, App and Services, such as data storage service providers, third party payment processors, etc. in accordance with written agreements;
- legal and regulatory authorities, upon their request, or for the purposes of reporting any breach of Applicable Law;
- accountants, auditors, lawyers and other external professional advisors in terms of written agreements with them;
- any relevant party to the extent necessary for the establishment, exercise or defence of legal rights, criminal offences, threats to public security, etc.;
- any relevant third party in the event that we sell or transfer all or any portion of our business or assets; and
- any relevant third party provider where our Website or App uses third party advertising, plugins or content.
We have trusted relationships with carefully selected third parties who perform services for us. All these service providers have a contract with us in terms whereof they have a legal obligation to secure your personal information and to use it only in a way that we permit. In general, we may share your information with our affiliates, third party service providers, payment gateways, regulatory and governmental authorities or tax authorities (if they request us to do so), and any other third party if the law requires from us to share it. Our Website and App may connect to various social media sites or apps, including Facebook, Twitter, LinkedIn, Instagram and Google+. If you want to use our Website or App for social media integration, including to create user profiles and login functionality, we will share your information with the relevant social media sites or apps.
- How secure is your information?
We have implemented appropriate technical and organisational security measures to protect the integrity and confidentiality of your information against accidental or unlawful destruction, loss, alteration, disclosure, access and other unlawful or unauthorised forms of processing. We protect and manage information that we hold about you by using electronic and computer safeguards like firewalls, data encryption, and physical and electronic access control to our buildings. We only authorise access to information to those employees who require it to fulfil their designated responsibilities.
The internet is an open and often vulnerable system and the transfer of information via the internet is not completely secure. Although we will implement all reasonable measures to protect personal information, we cannot guarantee the security of your personal information transferred to us using the internet. Therefore, you acknowledge and agree that any transfer of personal information via the internet is at your own risk and you are responsible for ensuring that any personal information that you send is sent securely.
- Quality and access to your information
Quality: We want to ensure that your information is accurate and up to date. You may ask us to correct or remove any information that you think is inaccurate, by sending us an email to [email protected].
Access: You have the right to request us to provide you with the information that we hold about you. You must contact us directly to do so or send an email to [email protected]. This request may be subject to an access to information request in terms of Applicable Laws and may require you to verify your identity, identify the rights you are wishing to exercise and pay a fee.
The right to access your personal information may further be limited in terms of Applicable Law.
- Retention of information
We take every reasonable step to ensure that your personal information is only processed for the minimum period necessary for the purposes set out in this Policy.
We retain information in accordance with the required retention periods in law or for legitimate business purposes. We will only retain your information for the purposes explicitly set out in this Policy. We may keep information indefinitely in a de-identified format for statistical purposes, which may include for example statistics of how you use the Website, App and Services.
This Policy also applies when we retain your information. We may retain your personal information for the duration of any period necessary to establish, exercise or defend any legal rights.
- Trans-border flow of information
We may transfer your information to recipients in other countries mainly for retention purposes or if our service providers are cross border or use systems cross border. We will only transfer personal information to third parties in countries with adequate data protection laws or do so in terms of a written agreement with the recipient which imposes data protection requirements on that party as required by Applicable Law. If you continue to use our Website, App and Services, you expressly agree that we may transfer the information cross border for these purposes.
Please note that when you transfer any personal information directly to a third party in another country (i.e. we do not send your personal information to the third party), Augmentors is not responsible for that transfer of personal information (and such transfer is not based on or protected by this Policy). Any personal information that we receive from a third party country will nevertheless be processed in terms of this Policy.
- Security breach
We will report any security breach to the applicable regulatory authority in terms of Applicable Law and to the individuals or companies involved. If you want to report any concerns about our privacy practices or if you suspect any breach regarding your information, kindly notify us by sending an email to [email protected].
- Lodging a complaint
If you want to raise any objection or have any queries about our privacy practices, you can contact us at [email protected].
If you believe we are using your information unlawfully, you may lodge a complaint in terms of Applicable Law as follows:
|Applicable Law||Regulatory authority name||Contact details|
|POPI||The Information Regulator||Website: http://www.justice.gov.za/inforeg/index.html
Address: SALU Building, 316 Thabo Sehume Street, Pretoria
Tel: 012 406 4818
Fax: 086 500 3351
Email: [email protected]
|GDPR||The European Commission||Online complaint procedure: https://ec.europa.eu/info/about-european-commission/contact/problems-and-complaints/how-make-complaint-eu-level/submit-complaint_en
Address: European Commission, Secretary-General