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iXperience Privacy and Personal
Data Protection Policy

(Last edited on April 10, 2019)
  1. Introduction
    1. Welcome to iXperience Proprietary Limited (“iXperience”)’s (registration number 2013/159509/07) Privacy and Data Protection Policy (“Privacy Policy”). Please note that iXperience is a private limited liability company duly registered in accordance with the laws of, and operating in, the Republic of South Africa.
    2. iXperience respects your privacy and is committed to protecting your personal data. This Privacy Policy will inform you as to how we look after and process your personal data when you provide it to us or when it is collected from you, for example by virtue of your attendance at our program, when you contract with our organisation, your use of our various services or when you visit our Website (regardless of where you visit it from). This Privacy Policy serves to tell you about your privacy rights and how the law protects you and your personal information when iXperience processes it.
    3. Please ensure that you read all the provisions below, and our other iXperience rules and policies which may apply from time to time and made available to you, to understand all of your, and our, rights and duties. Some terms referred to below are not defined in order, or may be defined in our other applicable rules and policies.
  2. Important Information and Who We Are
    1. Purpose of this Privacy Policy
      1. This Privacy Policy aims to give you information on how iXperience collects and processes your or your child’s/ward’s personal data through any form of your engagement with iXperience such as your enrolment as a participant with iXperience, use of our online services, general services or Website, including any data you may provide through any of our online platforms or gateways (collectively, “Website”) or provide to us generally, in any way whatsoever (such as when attending events, completing iXperience forms, contracting with iXperience, participating in surveys, participating in market research or signing up for newsletters).
      2. This Privacy Policy complies with, and facilitates the obligations suggested by, the European Commission’s General Data Protection Regulation, 2016/679 (“GDPR”) as well as required from the South African Protection of Personal Information Act, No. 4 of 2013 (“POPI”), as amended.
      3. Due to the nature of our services as a provider of personal educative services, we process not only your personal data, but also special categories of personal data, biometric data and data concerning health, relating to minors and sensitive information.
      4. It is important that you read this Privacy Policy together with any other privacy policy or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you or any minor or person in your guardianship, so that you are fully aware of how and why we are using your data. This Privacy Policy supplements the other notices and is not intended to override them.
      5. If you are a parent or guardian of a minor whose personal data we process pursuant to this Privacy Policy, you warrant that you have read, understood and agree to this Privacy Policy, and hereby expressly consent to iXperience’s processing of your, or your child’s/ward’s personal data as per this Privacy Policy.
      6. You may not submit any other person’s personal information to iXperience, other than your own or your parents’ information, where if you provide personal information to iXperience on behalf of your parent/s, you warrant that you have your parent’s express permission to submit such personal information to iXperience on their behalf.
    2. Controller and Processor
      1. iXperience is the data controller and is responsible for your personal data (collectively referred to as iXperience “we”, “us” or “our” in this Privacy Policy) in instances where we decide the processing operations concerning your personal data. Sometimes we also operate as a processor of personal data on behalf of a third-party data controller, where that data controller’s privacy terms will apply, but we will draw your attention to them when applicable. The terms "user", “you" and “your” are used interchangeably in these terms and refer to all persons accessing the Website or engaging with iXperience for any reason whatsoever, including your child, ward or parent for whom you are responsible and on whose behalf you accept this Privacy Policy, as the case may be.
      2. We have appointed a data representative at iXperience who is responsible for overseeing questions in relation to this Privacy Policy. If you have any questions about this Privacy Policy, including any requests to exercise your legal rights, please contact the representative using the details set out below.
    3. Our Full Contact Details
      1. Full name of legal entity: iXperience (Proprietary) Limited
        Name or title of data representative: VP of Tech
        Email address: hello@ixperience.co
        Postal address: 17 Dock Road, Cape Town, South Africa, 8001
        Telephone number: +27 21 422 1071
      2. You have the right to make a complaint at any time to your territories’ specific South African, European Union or UK information regulator’s office (such as the Information Regulator’s Office of South Africa, or the UK Information Commissioner’s Office, (www.ico.org.uk)). We would, however, appreciate the chance to deal with your concerns before you approach any such regulator, so please contact us in the first instance.
    4. Changes to the Privacy Policy and your Duty to Inform us of Changes
      1. This Privacy Policy version was last updated on 10 April 2019 and historic versions, if any, are archived and can be obtained by contacting us.
      2. It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
    5. Third-Party Links on Website
      1. The Website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements or terms. When you leave our Website, or engage with such third parties, we encourage you to read the distinct privacy policy of every third-party you engage with.
  3. The Data We Collect About You
    1. Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
    2. We may collect, use, store and transfer (“process”) different kinds of personal data about you which we have grouped together follows:
      1. Identity Data including first name, preferred first name, last name, or similar identifier, date of birth and gender;
      2. Contact Data includes physical address, delivery address, email address, social media contact details and telephone numbers;
      3. Financial Data including bank account details, third-party payment provider information and payment card details;
      4. Transaction Data includes details about payments to and from you, contracts, contractual terms, contract fees, signups, subscriptions, invoices and other details of products and services you have obtained from us;
      5. Social Media Data including all information accessible on your publicly available profile such as images, photos, photo tags, likes, followers, comments, posts and stories;
      6. Technical Data including internet protocol address/es, your login data, browser type and version, time zone setting and location, cookies, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access the Website;
      7. Profile Data including your Website username and hashed password, your interests, preferences, feedback and form and survey responses;
      8. Biometric Data including your age, gender, visual representation and physical, physiological or behavioural characteristics, passport information;
      9. Data Concerning Health including the physical or mental health status, health insurance information, or characteristics of a natural person;
      10. Special Categories of Data including race, ethnic origin, or religious affiliation;
      11. Usage Data including information about how you use our campuses, Website, surveys, events and services; and
      12. Marketing and Communications Data including your preferences in receiving notices and marketing from us and our third parties and your communication preferences.
    3. We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific Website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Policy.
    4. We do collect Special Categories of Personal Data about you (this includes details about your race or ethnicity, information about your health and genetic and biometric data), which you hereby expressly consent to iXperience doing. We process Special Categories of Personal Information in accordance with South African and EU laws requiring us to do so, and also due to the personal nature of iXperience as a provider of educative services requiring such information to operate, which you understand and expressly consent to. We enforce additional special precautions regarding the safety and integrity of any Special Categories of Information provided to us.
    5. Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with services or allow your enrolment at an iXperience program). In this case, we may have to cancel Website-access or services you have with us, but we will notify you if this is the case at the time.
  4. How Your Personal Data Is Collected
    1. We use different methods to collect data from and about you including through:
      1. Direct interactions: You may give us your Identity, Contact, Biometric, Data Concerning Health and Financial Data by filling in various iXperience forms, Website forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
        1. enrol as a participant at iXperience;
        2. complete iXperience forms;
        3. use our Website or Student Portal;
        4. subscribe to our services or any publications;
        5. participate as a research subject in a market or cultural research study;
        6. provide any services to us as a service provider or independent contractor on contract with us;
        7. request marketing to be sent to you;
        8. attend any iXperience event; or
        9. give us some feedback.
      2. Automated technologies or interactions: As you interact with our Website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We may collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies.
      3. Third parties or publicly available sources: We may receive personal data about you from various third parties and public sources as set out below
        1. Technical Data from the following parties:
          1. analytics such as Google based in Ireland; Hotjar based in Malta; Facebook based in the United States of America and Ireland; HubSpot.
          2. analytics such as Google based in Ireland; Hotjar based in Malta; Facebook based in the United States of America and Ireland; HubSpot.
          3. social networks such as Facebook;
          4. survey data such as Google Forms based in Ireland;
          5. marketing platforms such as HubSpot, Intercom based in Ireland, Mailchimp based in Georgia, OptinMonster based in the United States of America, Facebook, Google, LinkedIn based in the United States of America, Twitter based in the United States of America; and
          6. search information providers such as Google.
        2. Contact, Financial and Transaction Data from providers of technical, payment and delivery services such as PayPal based in the United States; Chase Bank based in the United States; First National Bank based in the Republic of South Africa.
        3. Identity, Market Research Data and Contact Data from publicly available sources such as HubSpot, Intercom, Facebook, Google or Linkedin.
  5. How We Use Your Personal Data
    1. We will only use your personal data when the law allows us to and for legitimate reasons, which you hereby expressly understand and consent to. Most commonly, we will use your personal data in the following circumstances:
      1. Where we need to perform on the contract we are about to enter into or have entered into with you;
      2. Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests; and/or
      3. Where we need to comply with a legal or regulatory obligation.
    2. Purposes for which we will use your personal data:
      1. We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
      2. Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us at hello@ixperience.co if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
      3. All Special Categories of Data will not be used for any marketing, nor be provided to any External Third Parties without your express written consent and its use will be strictly reserved for limited and necessary purposes for your participation as a participant with iXperience.
      3. Purpose/Activity Type of Data Lawful Basis For Processing Including Basis of Legitimate Interest
      To enrol/maintain you as a participant at iXperience or allow your participation in any iXperience program or event a) Identity
      b) Contact
      c) Profile
      d) Transaction
      e) Marketing and Communications
      f) Biometric
      g) Data Concerning health
      h) Personal Data       		a) Express consent
      b) Performance of a contract with you
      c) Necessary to comply with a legal obligation
      d) Necessary for our legitimate interests (to keep our records updated and to study how users use our products/services)
      e) Necessary for our legitimate interests (to develop our products/services and grow our business)
      To enable the processing and transferring of any applicable academic transcript and/or academic credits that you may receive from and to Third Parties as a result of enrolling at iXperience a) Identity
      b) Contact
      c) Profile
      d) Transaction
      e) Biometric
      f) Data Concerning Health
      g) Special Categories of Personal Data       		a) Necessary to comply with a legal obligation
      b) Necessary for our legitimate business interests (for running our business, provision of services, marketing and pitching)
      c) Express consent
      d) Necessary in order for you to gain academic credit from iXperience in partnership with the University of Virginia and your university, and for this information to be recorded as is required
      To contract with you as a service provider to iXperience a) Identity
      b) Contact
      c) Profile
      d) Transaction
      e) Marketing and Communications
      f) Social Media
      g) Market Research       		a) Performance of a contract with you
      b) Necessary to comply with a legal obligation
      c) Necessary for our legitimate interests (to keep our records updated and to study how users use our products/services)
      d) Necessary for our legitimate interests (to develop our products/services and grow our business)
      e) Express consent
      To process market research data provided by you as a result of you opting into a market research or cultural research study a) Identity
      b) Contact
      c) Profile
      d) Transaction
      e) Marketing and Communications
      f) Social Media
      g) Market Research       		a) Performance of a contract with you
      b) Necessary for our legitimate interests (to keep our records updated and to study how users use our products/services)
      c) Necessary for our legitimate interests (to develop our products/services and grow our business)
      d) Express consent
      To allow you to use the Website or Student Portal, or register you as a new Student Portal user or participant in any iXperience event a) Identity
      b) Contact       		a) Performance of a contract with you
      b) Express consent
      c) Necessary for our legitimate interests (to keep our records updated and to study how users use our products/services)
      To process and service your payment and/or ticketing activities for any iXperience event
      To manage payments, fees and charges       		a) Identity
      b) Contact
      c) Profile
      d) Transaction
      e) Marketing and Communications       		a) Performance of a contract with you
      b) Necessary for our legitimate interests (to recover debts due to us)
      c) Express consent
      To manage our relationship with you which may include notifying you about changes to our terms or Privacy Policy a) Identity
      b) Contact
      c) Profile
      d) Marketing and Communications       		a) Performance of a contract with you
      b) Necessary to comply with a legal obligation
      c) Necessary for our legitimate interests (to keep our records updated and to study how users use our products/services)
      d) Express consent
      To enable you to partake in a iXperience event or complete a survey a) Identity
      b) Contact
      c) Profile
      d) Usage
      e) Marketing and Communications       		a) Performance of a contract with you
      b) Necessary for our legitimate interests (to study how users use our products/services, to develop them and grow our business)
      c) Express consent
      To administer and protect our business and this Website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) a) Identity
      b) Contact
      c) Technical       		a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
      b) Necessary to comply with a legal obligation
      c) Express consent
      To market our own services to other companies or External Third Parties a) Identity
      b) Contact
      c) Profile       		a) Necessary for our legitimate business interests (for running our business, provision of services, marketing and pitching)
      b) Express consent
      To deliver relevant Website or service content and advertisements to you and measure or understand the effectiveness of the notices we serve to you a) Identity
      b) Contact
      c) Profile
      d) Usage
      e) Marketing and Communications
      f) Technical       		a) Necessary for our legitimate interests (to study how users use our products/services, to develop them, to grow our business and to inform our marketing strategy)
      b) Express consent
      To use data analytics to improve our Website, services, marketing, student relationships and experiences a) Technical
      b) Usage       		a) Necessary for our legitimate interests (to define types of users for our products and services, to keep our Website updated and relevant, to develop our business and to inform our marketing strategy)
      To make suggestions and recommendations to you about events or services that may be of interest to you a) Identity
      b) Contact
      c) Technical
      d) Usage
      e) Profile       		a) Necessary for our legitimate interests (to develop our products/services and grow our business)
      b) Express consent
    3. Marketing
      1. We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. To manifest your rights attached to any marketing sent to you, please use the in-built prompts provided on those communications, or contact us.
    4. Promotional services from us
      1. We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which events, services and offers may be relevant for you (we call this marketing).
      2. You will receive marketing communications from us if you have requested information from us, have participated in any iXperience service or event, or if you provided us with your details when registering for a promotion, event or the program and, in each case, you have not opted-out of receiving that marketing.
    5. Third-Party Marketing
      1. Whilst we may use your personal data within our iXperience company group, we will get your express opt-in consent before we share your personal data publicly with any company outside the iXperience group of companies for public purposes.
    6. Opting Out
      1. You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you, or by contacting us.
      2. Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of your use of the Website, our services, or your participation in any iXperience event or programme.
    7. Change of purpose
      1. We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
      2. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
      3. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
  6. Disclosure of Your Personal Data
    1. We may have to share your personal data with the parties set out below for the purposes set out in the table above.
      1. Internal Third Parties as set out in the Glossary below;
      2. External Third Parties as set out in the Glossary below;
      3. Specific third parties listed in the table above; and/or
      4. Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses/universities or merge with them. If a change happens to our organisation, then the new owners may use your personal data in the same way as set out in this Privacy Policy.
    2. We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions and standards.
  7. International Transfers
    1. We share your personal data within the iXperience group of companies and this may involve transferring and processing your data outside of the Republic of South Africa.
    2. Whenever we transfer your personal data out of the country, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
      1. We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission.
      2. Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe.
      3. Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between Europe and the US.
    3. Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the Republic of South Africa.
  8. Data Security
    1. We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
    2. We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
  9. Data Retention
    1. We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
    2. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
    3. Details of retention periods for different aspects of your personal data are available from us by contacting us.
    4. In some circumstances you can ask us to delete your data; see below for further information.
    5. In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
  10. Your Legal Rights
    1. Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please contact us to find out more about, or manifest, these rights:
      1. Request access to your personal data;
      2. Request correction of your personal data;
      3. Request erasure of your personal data;
      4. Object to processing of your personal data;
      5. Request restriction of processing your personal data;
      6. Request transfer of your personal data; and/or
      7. Right to withdraw consent.
    2. No fee usually required
      1. You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
    3. What we may need from you
      1. We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
    4. Time limit to respond
      1. We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
  11. Glossary
    1. Lawful Basis
      1. Legitimate Interest means the interest of our organisation in conducting and managing our business to enable us to give you the best service and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
      2. Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
      3. Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
      4. Express consent means the confirmed express consent you have provided to our processing of your personal data by accepting this Privacy Policy or signing any subsequent agreement with us.
    2. Third Parties
      1. Internal Third Parties means other entities or parties in the iXperience group acting as joint controllers or processors and who are based in South Africa and provide IT and system administration services and undertake reporting.
      2. External Third Parties means:
        1. Service providers acting as processors based in South Africa who provide IT, system administration services and/or contractual obligations required for the rendering of the Program;
        2. Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in South Africa who provide consultancy, banking, legal, insurance and accounting services as required;
        3. European Union or South African regulators and other authorities acting as processors or joint controllers based in the United Kingdom or European Union or the Republic of South Africa who may require reporting of processing activities in certain circumstances.
    3. Your Legal Rights
      1. You have the right to:
        1. Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
        2. Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
        3. Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
        4. Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
        5. Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
          1. if you want us to establish the data’s accuracy;
          2. where our use of the data is unlawful but you do not want us to erase it;
          3. where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or
          4. you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
        6. Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. 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 on a contract with you.
        7. Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain Website access or services to you. We will advise you if this is the case at the time you withdraw your consent.