Purpose of this Privacy Policy

This policy (“Privacy Policy”) details what Personal Information we process, why and how we collect, use, and process your Personal Information, the manner in which we secure the integrity and confidentiality thereof, and your rights in terms of applicable privacy laws. We shall at all times strive to ensure that the Personal Information we collect from you is processed in accordance with these laws.

It is important that you read this Privacy Policy together with any other privacy notice we may provide from time to time when collecting or Processing Personal Information about you so that you are fully aware of what, how, and why we are using your Personal Information.

Definitions and Interpretation

“The Host” (or “we” / “us” / “our”) refers to The Host, a division of Creative Buzz Co., a company incorporated in South Africa under registration number [insert registration number].

“Parties” means:

• The “Responsible Party” being The Host, who determines the scope of Personal Information (“what”), the purpose of Processing (“why”), and the means (“how”) of Processing the Personal Information.
• “You” or the “Data Subject” means any person, including our clients, prospective clients, and/or service providers, to whom the Personal Information relates.
• “Operator” means those third-party persons or entities who process Personal Information on behalf of The Host in terms of an agreement.
• “Personal Information” shall have the meaning ascribed to it in applicable privacy laws, currently being information relating to an identifiable, living, natural person, and where applicable, an identifiable, existing juristic person, which includes, but is not limited to, the Personal Information specified in clause 5.
• “POPIA” means the Protection of Personal Information Act 4 of 2013, as amended from time to time.
• “Processing” shall have the meaning ascribed to it in POPIA, currently being any operation or activity or any set of operations, whether or not by automatic means, concerning Personal Information as amended from time to time, and “Processed,” “Process,” and “Processes” shall be ascribed similar meaning.
• “Client Area” refers to our client area at [insert client area URL].

Status and Amendments

Due to legal and other developments, The Host may amend these terms and conditions from time to time. The version of the terms and conditions effective for this Privacy Policy is indicated by the last update date at the bottom of this page. It is your duty to remain apprised of the current version of this Privacy Policy. The date indicated in the last update date at the bottom of this page is the effective date that governs this Privacy Policy from the date specified until the next revision of this Privacy Policy becomes effective.

By continuing to utilize The Host for the provision of the Services after a revised Privacy Policy becomes effective, it constitutes your agreement to observe this Privacy Policy as may be revised.

The latest version of the Privacy Policy will always be made available on The Host’s website ([insert website URL]) and is intended to override all previous versions of the Privacy Policy. Unless otherwise indicated, the latest version of the Privacy Policy shall supplement other general privacy notices delivered by The Host from time to time and is not intended to override the Privacy Policy.

Who this Privacy Policy Applies to

This Privacy Policy applies to all clients, prospective clients, and/or service providers of The Host. It also applies to users of our websites.

What Personal Information we Collect and Generate

The Host processes the following Personal Information from you in order to provide you with the Services:

• Name and surname for natural persons;
• Registered and trading name for juristic persons;
• Passport/identity number and/or registration number;
• Contact number;
• Email address;
• Physical address and/or location information, including IP address;
• Banking details.

Why we Collect and Process your Personal Information

The Host processes your Personal Information for the following reasons (“Purposes”) and your continued use of the Services constitutes your agreement to us Processing your Personal Information for such Purposes:

• To execute a contract with you for the purpose of rendering the Services;
• To manage our relationship with you;
• To reply when you contact us for support;
• To share with other entities in The Host and/or those third-party Operators located in South Africa as well as outside of South Africa who have contracted with us, who require such Personal Information to render the Services to you and/or for the operation of the Services, including website hosting, administration, maintenance, development, and supply of products associated with the Services;
• To meet our contractual obligations with third parties;
• To enable any entity within The Host and/or any third-party Operator to advise you of, or offer to you, any enhanced benefits or new products that become available from time to time which you may become entitled to qualify for, provided your consent to receive such communication in accordance with applicable laws;
• Where it is in our or your legitimate interest to do so, for example, monitor our premises with CCTV cameras to ensure your and our safety;
• Where we are legally required to collect and process certain Personal Information to comply with relevant laws.

Where we Collect your Personal Information from

We collect your Personal Information from you directly, except where we have used third-party Operators for the purpose of verifying, substantiating, and/or updating the Personal Information provided.

Websites and Cookies

In order to provide you with the best possible and most relevant service, our Websites may use standard technology to collect information about the use by you of our Websites. This technology is not able to identify individuals but simply allows our Websites to collect statistics.

Our Websites utilize cookies, which are small files that are placed on the user’s hard drive in order to keep a record of a user’s interaction with our Websites. The cookies are used to allow us to tailor advertising and our Services to your displayed preferences. The Websites may use third-party cookies from an ad server for this purpose. Cookies themselves cannot be used to identify a person or users of our Websites but may be used to compile anonymized statistics relating to the use of services offered or to provide us with feedback on the performance of our Websites.

If you do not wish cookies to be used to customize your interaction with our Websites, it is possible to alter the manner in which your browser handles cookies in your browser settings. Please note that if this is done, certain services on the Websites may not be available to you.

Who we Share your Personal Information with

We only transfer your Personal Information to Operators we trust and who have agreed to keep your Personal Information secure and confidential and to only use it for the purposes for which we shared it with them.

We use Operators to process Personal Information on behalf of The Host for the provision of the following:

• Communicate with you;
• Verify your Personal Information to assist in fraud detection;
• Monitor the effectiveness of our Services;
• Store your Personal Information;
• Manage the day-to-day operations of our business;
• Provide IT services and infrastructure.

We ensure, in terms of a written contract between us and all Operators, that all Operators process your Personal Information in accordance with substantially similar security measures and standards that we implement when Processing your Personal Information.

Transborder Flow of Personal Information

We transfer your Personal Information to third parties who are in a foreign country primarily for rendering services and support systems. Certain services, including website builders and support ticket systems, may make use of servers hosted by third-party service providers, such as Amazon Web Services, Microsoft Azure, OVH, MaxMind, who store data in various locations around the world.

We ensure that all third parties, with whom we transfer your Personal Information to, who are in a foreign country are subject to a law, binding corporate rules, or binding agreements which provide an adequate level of protection that effectively upholds principles for reasonable Processing of your Personal Information that are substantially similar to the conditions for the lawful Processing of Personal Information as set out in this Privacy Policy and applicable laws.

Through your continued use of the Services, you consent to the transfer of your Personal Information to third parties who are in a foreign country for purposes of concluding and performing in terms of the contract in respect of the Services.

Reasonable Measures to Secure your Personal Information

When we process your Personal Information, we ensure that the integrity and confidentiality of your Personal Information is secure by taking appropriate, reasonable technical and organizational measures to prevent loss of, damage to, unauthorized destruction of, and unlawful access to your Personal Information, having at all times due regard to generally accepted information security practices and procedures which may apply to The Host or be required in terms of our specific industry or professional rules and regulations.

In order to give effect to the above, we have taken and shall continue to take reasonable measures to identify all reasonably foreseeable internal and external risks to Personal Information in our possession or under our control, establish and maintain appropriate safeguards against any risks identified, regularly verify that the safeguards are effectively implemented and updated in response to new risks or deficiencies in previously implemented safeguards.

In consideration of the above, we have established and implemented the following, amongst others, security practices and procedures to secure your Personal Information:

• Password and/or biometric protection for electronic files, device access, and app software;
• Securing paper files and physical access restrictions;
• Physical and electronic access control to our buildings and servers;
• Limitation on those employees who have access to your Personal Information to those employees who require access to fulfill their designated responsibilities;
• Storage and transfer of Personal Information in electronic databases containing safeguards such as firewalls, data encryption;
• Continuous internal training, self-audits, data privacy impact assessments, and ongoing awareness campaigns to ensure employees of The Host adhere to the compliance framework aimed to ensure appropriate safeguards;
• Ensuring that any Operator that we share your Personal Information with agrees in writing to treat your Personal Information with the same level of protection as we are obliged to in terms of applicable laws.