Introduction.
Welcome to the iXperience (Pty) Ltd ("we," "us," or "our") Privacy Policy. We are a private limited liability company, duly incorporated under the laws of the Republic of South Africa (registration number 2013/159509/07). We operate from South Africa and are committed to protecting your personal data in compliance with global data protection regulations.
This Privacy Policy explains how we collect, use, process, and protect your personal data when:
- You provide it directly to us.
- We collect it through your participation in our programs or services.
- You contract with us.
- You access our Website or use our services.
Additionally, this Policy outlines your privacy rights and how the law protects your personal data. Please read this Privacy Policy along with other relevant notices and policies to understand the full scope of your rights and our obligations.
Table of Contents.
- Important Information and Who We Are
- The Data We Collect About You
- How We Collect Your Personal Data
- How We Use Your Personal Data
- International Data Transfers
- Data Security
- Data Retention
- Your Legal Rights
- Glossary
1. Important Information and Who We Are.
The purpose of this Privacy Policy is to explain how we collect and process your personal data, or that of your child/ward, when engaging with us in any capacity, including but not limited to:
- Enrolling as a participant in our programs.
- Using our online platforms, services, or Website.
- Submitting data through any forms or applications.
- Attending events, completing forms, contracting with us, or participating in surveys or market research.
This Policy aligns with global data protection frameworks, including:
- The General Data Protection Regulation (GDPR) (EU) 2016/679.
- The South African Protection of Personal Information Act (POPIA) 4 of 2013.
- The California Consumer Privacy Act (CCPA) 2018.
Given the nature of our services, we may process sensitive personal data, such as biometric information or health-related data, particularly concerning minors. If you are a parent or guardian of a minor whose data we process, you warrant that you have read and agree to this Privacy Policy and consent to our processing of such data.
You may not provide another person’s personal data without their explicit consent. If you provide your parents' data on their behalf, you must have their express permission to do so.
Controller and Processor.
We act as the data controller when we determine the purposes and means of processing your personal data. In some instances, we may also act as a data processor on behalf of a third-party controller, in which case that controller’s privacy terms will apply.
For any inquiries regarding this Privacy Policy, please contact our appointed data representative using the details provided below.
Our Contact Details.
- Entity Name: iXperience (Proprietary) Limited
- Data Representative: Legal Associate
- Email Address: finance@ixperience.co
Postal Address: Darter Studios, Longkloof Precinct, Darters Rd, Gardens, Cape Town, 8001
If you have concerns about our data practices, you also have the right to file a complaint with your local data protection authority, such as the Information Regulator in South Africa or the Information Commissioner’s Office (ICO) in the UK. However, we encourage you to contact us first to address any concerns.
Changes to the Privacy Policy.
We may update this Privacy Policy periodically. When we make changes, we will notify you by posting an alert on our Website. Please ensure that the personal data we hold about you is current and notify us of any changes to your details during your relationship with us.
2. The Data We Collect About You.
"Personal data" refers to any information that can identify you directly or indirectly. This does not include anonymized data. We may collect, use, store, and transfer various types of personal data, which we have categorised as follows:
- Identity Data: Name, preferred name, date of birth, gender.
- Contact Data: Address, email, phone numbers, social media contact details.
- Financial Data: Bank account details, payment provider information.
- Transaction Data: Details of payments, contracts, subscriptions, and services provided.
- Social Media Data: Publicly available social media information (photos, likes, followers).
- Technical Data: IP address, browser type, time zone settings, cookies, and device details.
- Profile Data: Username, password, preferences, survey responses.
- Biometric Data: Physical characteristics, passport information.
- Special Categories of Data: Race, ethnicity, health-related data.
- Usage Data: Information on how you use our Website, services, and events.
- Marketing and Communications Data: Preferences for receiving marketing communications.
We also collect Aggregated Data, such as statistical or demographic data, which is not considered personal data in law unless it can be used to identify you when combined with other data.
We may process Special Categories of Personal Data, such as health information, under applicable data protection laws, with your explicit consent. If you fail to provide mandatory data required by law or contract, we may not be able to perform our contractual obligations, and we may have to terminate your access to our services or programs.
3. How We Collect Your Personal Data.
We collect personal data through several methods:
- Direct Interactions: When you fill out forms, correspond with us, or engage with our Website and services.
- Automated Technologies: We automatically collect Technical Data through cookies, server logs, and similar technologies as you interact with our Website.
- Third-Party Sources: We may receive your personal data from third-party analytics, social networks, marketing platforms, and service providers.
4. How We Use Your Personal Data.
We only use your personal data where legally permitted, such as:
- To fulfil our contractual obligations to you.
- For our legitimate business interests, ensuring these do not override your rights.
- To comply with legal or regulatory requirements.
We process your personal data for various purposes, including:
- To register you as a participant.
- To process transactions and provide services.
- To send marketing communications, where you have not opted out.
- To improve our services and user experience.
Marketing.
You will receive marketing communications from us if you have consented or have engaged with our services previously. You can opt out of marketing communications at any time by following the opt-out instructions included in the messages or by contacting us directly.
5. Cookies and Tracking Technologies.
Our Website uses cookies and similar tracking technologies to enhance your browsing experience and deliver targeted advertisements. Cookies are small data files that are stored on your device when you visit a website.
Types of Cookies We Use:
- Strictly Necessary Cookies: These are essential for the website to function and cannot be disabled.
- Performance Cookies: These cookies collect information about how visitors use our Website, helping us improve functionality.
- Functionality Cookies: These allow us to remember choices you make (e.g., language or region) and provide enhanced features.
- Targeting Cookies: These are used to deliver advertisements relevant to your interests and track your interaction with ads.
Your Consent to Cookies: We use cookies in compliance with applicable laws, including the GDPR and POPIA. Upon your first visit to our Website, you will be prompted to provide consent to our use of non-essential cookies. You can manage or disable cookies at any time through your browser settings. However, disabling certain cookies may affect the functionality of our Website.
6. International Data Transfers.
We may transfer your personal data outside of South Africa. Whenever we transfer your data internationally, we ensure it is protected by appropriate safeguards, such as:
- Transferring data to countries deemed to provide an adequate level of protection by the European Commission.
- Using contractual clauses approved by the European Commission to ensure data protection.
Please contact us if you require further information on the specific mechanisms used when transferring your data internationally.
7. Data Security.
We implement appropriate security measures to prevent unauthorised access, loss, or misuse of your personal data. Access to your data is limited to employees, contractors, and service providers who need it for legitimate business purposes and are bound by confidentiality obligations. We also have protocols to address any suspected data breaches and will notify you and regulators as required by law.
8. Data Retention.
We retain your personal data only as long as necessary to fulfil the purposes for which it was collected, including legal, accounting, or reporting requirements. In some cases, we may anonymize your data for research or statistical purposes, in which case we may use it indefinitely without further notice.
9. Your Legal Rights.
You have rights regarding your personal data under data protection laws, including the right to:
- Request access to your data.
- Request correction or erasure of your data.
- Object to processing or request restriction of processing.
- Withdraw consent at any time.
- Request data portability.
We typically respond to all requests within one month. However, if your request is complex, we will notify you of any delays.
10. Glossary.
Legitimate Interest: Our interest in managing our business to provide the best service, ensuring your rights are not infringed.
Performance of Contract: Processing your data where necessary to fulfil contractual obligations.
Third Parties: Includes internal and external service providers, advisers, regulators, and courts in relevant jurisdictions.
For further information or to exercise your rights, please contact us at finance@ixperience.co
