Kobliat Channels Privacy Statement

Effective date: 3 December 2021

Contents

  1. Introduction
  2. Why do we Process your Personal Information and what types of Personal Information do we Process?
  3. With whom will we share your Personal Information?
  4. When will we Process your Personal Information?
  5. How will we use your Personal Information?
  6. For how long will we retain your Personal Information?
  7. Where will we store your Personal Information?
  8. How will we handle the trans-border flow of Personal Information?
  9. Can we guarantee the security of your Personal Information?
  10. How will our marketing efforts affect you?
  11. What are your rights relating to your Personal Information that we hold?
  12. What are the limitations to our liability to you?
  13. What if there are changes to our Privacy Policy?
  14. How can you contact us?

1. Introduction

  • Kobliat Pty Ltd, registration number 2020/626090/07, with registered address 22 Peeka Street, Die Boord, Stellenbosch, Western Cape, 7600 (hereafter referred to as “Kobliat”, “we”, “us”, “our”) recognises the importance of protecting your privacy in respect of your Personal Information that we collect when you use www.kobliat.com (the “Kobliat Channels”).
  • In adopting this Privacy Statement, we wish to create a balance between protecting our legitimate business interests and meeting your reasonable expectation of privacy. Accordingly, we will take reasonable steps to prevent unauthorised access to or disclosure of your Personal Information. However, we do not guarantee that your Personal Information will be 100% secure.
  • In this Privacy Statement, capital letters are used for all terms defined in the Protection of Personal Information Act, 4 of 2013, as amended, (“POPIA”) and in this Privacy Statement, and –
    • Anonymise means to delete any information that (i) identifies you; or (ii) can be used or manipulated to identify you, or (iii) can be linked to other information that identifies you;
    • Content means any information, data, opinions, images, documents, text, features or other materials that Kobliat makes available on the Kobliat Channels for whatever purpose, but specifically excluding User Content;
    • Personal Information means any information about you as defined in the Protection of Personal Information Act, 4 of 2013, as amended;
    • Process means collecting, recording, organising, storing, updating or modifying, retrieving, consulting, using, disseminating, distributing or making available in any form, merging, linking, blocking, erasing or destroying information;
    • Services means any service that Kobliat provides directly or indirectly to our Partners and Customers. This includes, but is not limited to Kobliat’s Chat Desk/s (KCD’s), Kobliat’s Intelligent Virtual Assistant/s (IVA’s), Kobliat’s Bot/s, Kobliat’s Website/s, Kobliat’s Partner or Customer Portal/s, Kobliat’s Broadcasting Tool/s, and any forms, documentation or digital channels where information can be requested and provided.
  • By accessing, browsing or using our Kobliat Channels or any of our Services, you consent to the data practices as described in this Privacy Statement and you acknowledge that you have read, understood and agree to be bound by the terms and conditions provided both on our Kobliat Channels and in this Privacy Statement.

2. Why do we Process your Personal Information and what types of Personal Information do we Process?

  • It may be necessary for us to Process your Personal Information for any of the following reasons:
    • To carry out actions for the conclusion or performance of our contract with you and/or give you access to our Kobliat Channels or Kobliat Content;
    • To carry out a request that you made;
    • To protect our legitimate business interest;
    • To protect your legitimate interest; and
    • To comply with an obligation imposed on us by law.
  • We may collect and Process Personal Information relating to, among other things:
    • Contact no. We collect information when we communicate with you via telephone.
    • Use of Service: We collect information when you use our Services (for example, the information you type into Kobliat’s Chat Desk/s (KCD’s), Kobliat’s Intelligent Virtual Assistant/s (IVA’s), Kobliat’s Bot/s, Kobliat’s Website/s, Kobliat’s Partner or Customer Portal/s, Kobliat’s Broadcasting Tool/s, and any forms, documentation or digital channels where information can be requested and provided). It is important to note that if you provide a third party’s Personal Information, you warrant that you have obtained such third party’s consent to do this and that you have directed such third party to this Privacy Policy.
    • Surveys. We collect information when you participate in one of our surveys.
    • E-mail. We collect information when we communicate with you by e-mail and chatbox.
    • Log information. We collect technical and log information, for example, your IP address, device identifiers, language preference, date of access and time stamp, web browser and operating system details, pages you visited on our Website and page interaction information.
  • Cookies. We collect information relating to cookies, pixels, LocalStorage and software development kits.
    • The specific names and types of cookies and similar technologies we use may change as we improve and update our Services. Generally, a website uses cookies, pixels, LocalStorage and software development kits (“Cookies and Similar Technologies”) as standardised ways to remember things about you, for example, your preferences, information needed to perform security checks and analytics, details to recognise you as a unique user (and which are used to help you navigate the pages and have optimal access to functionalities and services), and details to authenticate you/other authorised users when you/they login so that only you/other authorised users can view Kobliat Channels information specific to you/other logged-in users, if applicable.
    • Cookies are pieces of information (for example, about your browsing habits) that a website stores on your personal computer/device, in this way building a relationship between you and that specific website. LocalStorage also stores information on your personal computer/device, and the data collected is not automatically destroyed once the session terminates, unless a Javascript code clears it, or you clear your browser cache or change your browser settings. Cookies are mainly read by a server (the server that hosts the website), whereas LocalStorage can be read only by the client (the web browser viewing the website).
    • Cookies can be “persistent” or “session” cookies. Persistent cookies stay on your hard drive for a set period of time or until you delete them, whereas session cookies are deleted once you close your browser.
    • We may place Cookies and Similar Technologies on your browser to store and sometimes track information about you (“First-Party Cookies”), or others may place Cookies and Similar Technologies (“Third-Party Cookies”) on your browser. Alternatively, we may use other analytics implementations.
    • Different web browsers provide different degrees of control over Cookies and Similar Technologies. While most browsers are initially set up to accept cookies, you can reset your browser to refuse all cookies or indicate when a cookie is being sent. Please note that some parts of our Kobliat Channels and/or Services may not function properly if you refuse Cookies and Similar Technologies.
  • Analytics services by third parties
    • We may use website analytics services such as Google Analytics (see https://policies.google.com/privacy ) (“Analytics Services”).
    • Categories of data that we may collect include device IP, device screen resolution, device type, browser type, operating system, geographic location, preferred language, mouse events, key presses, pages visited and dates and times of Kobliat Channels visits.
    • You can prevent the Analytics Services’ cookies from being stored by setting your browser software. Please contact us at info@kobliat.com and we will confirm which Analytics Services we make use of and refer to the specific providers procedure that will enable you to opt-out. If you have any difficulties following the procedures or get an error message, please do not hesitate to contact us for further assistance.

3. Are children allowed to use the Kobliat Channels?

POPIA defines children as individuals under the age of 18. The Kobliat Channels are not intended for the use of children, and we do not intend to collect Personal Information about children through the Kobliat Channels. This Company does not knowingly collect Personal Information from children under the age of 18 and our Kobliat Channels do not target children under 18. You must be at least 18 to access or use any products or services through the Kobliat Channels or become a subscriber of any program entitled to subscription benefits.

4. With whom will we share your Personal Information?

  • Employees and others. We may share your Personal Information with selected employees, subcontractors, agents, affiliates, and subsidiaries as well as certain trusted third-party service providers who assist us in making the Koblliat Channels available to you and providing the Services to you. Such parties will use your Personal Information only for the purposes that we have authorised.
  • Third parties. We may share your Personal Information with a third party in the following instances: if we are required to do so by law; if we need to comply with a legal process or governmental request; if it is necessary for investigating suspected illegal activities; in connection with a transfer or sale of our business; and/or if it is necessary to protect and defend the rights and/or property or safety of our business or of a third party.
  • Communication interceptors. In terms of the Regulation of Interception of Communications Act, 70 of 2002, as amended, (“RICA”), Kobliat or any other competent authority may intercept your use of and communication on our Kobliat Channels or with us, and you agree to this.

5. When will we Process your Personal Information?

  • We may Process your Personal Information at different times, for example, when –
    • you register/sign up for the Services (if applicable);
    • we carry out product research;
    • you browse the Kobliat Channels; and
    • you use our Services.
  • Third-party links. You acknowledge that third parties that have links on our Kobliat Channels may also collect your Personal Information. You agree that the information processing practices of those third parties are neither under our control nor regulated by this Privacy Statement and that we cannot accept liability for such practices. Please make sure that you are aware of third parties’ particular information processing practices.

6. How will we use your Personal Information?

  • We may use your Personal Information –
    • to provide our Services to you;
    • to create and administer your account and customise your experience on our Kobliat Channels;
    • to provide you with notifications and/or reminders relating to the Services;
    • for security, administrative and legal purposes;
    • for customer relations purposes;
    • for the purpose of website analytics;
    • to assist us in any future dealings with you;
    • to ensure network and information security;
    • to prevent and detect fraud and other criminal offences;
    • for use during legal proceedings;
    • to provide technical and other support to you;
    • to host and maintain our Kobliat Channels and Services;
    • to do marketing;
    • for internal operations and administrative purposes;
    • as otherwise legally permitted; and
    • to provide you with core and support business services as a result of your interaction with our customers.

7. For how long will we retain your Personal Information?

  • We will keep your Personal Information only for as long as it is necessary to achieve the purpose for which it was collected or subsequently Processed, unless the requirements are different in instances as set out below.
    • Law. We are required or authorised by law to keep your Personal Information for a longer period.
    • Lawful purposes. We require the Personal Information for lawful purposes relating to our functions or activities.
    • Legal rights. We require the Personal Information to exercise or defend our legal rights.
    • Statistics. We require the Personal Information for historical, statistical or research purposes (such information will be anonymised).
    • Contractual. We require the Personal Information as a result of our contract with you.

8. Where will we store your Personal Information?

  • We will store your Personal Information on our secure servers that are located in Dublin, Ireland where it will be protected from unauthorised access.

9. How will we handle the trans-border flow of Personal Information?

  • In order to provide our products and Services to you, we may need to Process your Personal Information outside the borders of South Africa. When Personal Information is processed in other countries, we will ensure that the level of protection of your Personal Information will be the same as or higher than in South Africa, as required in terms of South African law.

10. Can we guarantee the security of your Personal Information?

  • Keeping secure all the Personal Information associated with you is of the utmost importance to us. While we exercise great care in providing secure transmission of your Personal Information, no data transmission over the Internet can be guaranteed to be 100% secure.
  • Although we cannot guarantee the security of any information you transmit to or from our Kobliat Channels, we will take all reasonable measures to ensure that the information you transmit to us using our Kobliat Channels will remain confidential and protected from unauthorised access. Such measures include –
    • Safeguards to identify and help prevent the fraudulent use of Personal Information. We only make the Personal Information collected by us accessible on a strictly need-to-know basis to those employees, agents, or contractors for business purposes and who have contractually agreed to adhere to our privacy and security policies and statements. We also ensure that all Personal Information collected by us or obtained by us, about you, are in or moved to a secure environment on our network subject to strict access controls to limit access and secure the data.
    • The Kobliat Channels use industry secure transport control when Processing your Personal Information. This protocol provides security for your Personal Information by encrypting it as it travels from your computer to our computer.
    • To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access to or making alterations to data, including Personal Information, we maintain.
    • We have adopted a security model that complies with generally accepted information security practices and procedures in order to protect your Personal Information. This security model includes the implementation of fire-wall technology, password controls, encryption processes and antivirus software. This is in addition to as the physical security measures adopted by us, where applicable, to ensure that it takes all reasonable technical and organisational measures to prevent loss of damage to, or unauthorised destruction of Personal Information, and unlawful access to or processing of Personal Information.

11. How will our marketing efforts affect you?

  • You agree that we may periodically send you, to the e-mail address you provided to us, e-mails about materials, services, products or promotions that we and our advertisers offer.
  • If you wish you can opt out of receiving marketing e-mails by following the “unsubscribe” instructions inside the e-mail. Further, you can opt out of any marketing communication by sending a request to info@kobliat.com.

12. What are your rights relating to your Personal Information that we hold?

  • You can exercise any of the following choices:
    • Amount of information. Limit the amount of information you provide to us, keeping in mind that certain of our Services may not function properly with limited information. You can contact info@kobliat.com for assistance.
    • Cookies. Set your browser to reject cookies, keeping in mind that this may cause certain of our Services not to function properly.
    • Opt out. Opt out of any marketing communication from us, keeping in mind that we will still be sending you a few necessary accounting and legal notices.
    • Terminate. Close your account with us, keeping in mind that we may still be required or authorised by law to retain some of your information, including your Personal Information.
  • You have the following rights relating to your Personal Information that we Process:
    • Information. You can request that we give you information about your Personal Information that we hold and/or Process. (Applications must be made in terms of the Promotion of Access to Information Act, 2 of 2000 (“PAIA”). Please refer to our PAIA manual (https://www.kobliat.com/paia-manual/) for information on how to request access to your Personal Information.)
    • Correct or delete. You can request that we correct or delete your Personal Information or parts thereof that are, in your opinion, inaccurate, irrelevant, excessive, out of date, incomplete, misleading, or obtained unlawfully.
    • Objection. You can object to the further Processing of your Personal Information (or specific parts thereof).

13. What are the limitations to our liability to you – please read carefully.

  • We undertake to protect your Personal Information to the extent required by applicable law.
  • We will take all reasonable steps to prevent unauthorised access to or disclosure of your Personal Information. However, we do not guarantee that your Personal Information will be 100% secure.
  • If there has been any unauthorised access to your Personal Information, we will notify you as soon as is reasonably possible, subject to the legitimate needs of law enforcement or any criminal investigation. However, we will not be liable for any loss suffered by you as a result of our failure to notify you.
  • You agree that the notification referred to in 12.3 will be in writing and sent to your last known e-mail address.
  • We will not be liable for any loss suffered by you as a result of any unauthorised person gaining access to your Personal Information.
  • We may compile profiles for research and/or statistical purposes and may trade with such profiles and related statistical data. While we will delink your identity from the data and attempt to ensure that the profiles or statistical data cannot be linked to you, we do not guarantee that third parties may not be able to link such profiles and statistical data to you. You hereby indemnify us against any loss suffered by you arising from or in relation to any third party being able to link such profiles and statistical data to you.

14. What if there are changes to our Privacy Policy?

  • We reserve the right to make changes to this Privacy Statement with our without notice. Any changes we make to this Privacy Statement will be published on our Kobliat Channels. It remains your responsibility to check the Kobliat Channels from time to time and to refer to the “Effective Date” at the beginning of the Privacy Statement. If you continue using our Kobliat Channels and/or Services after the Effective Date, it means that you consent to the amended Privacy Statement.

15. How can you contact us?

  • If you have a question about this Privacy Statement or you would like to contact us about any of your rights, please send an e-mail to info@kobliat.com.