Home | SubjeX Privacy Policy

SubjeX Privacy Policy



1. Scope of Privacy Policy

1.1 Introduction and scope

1.1.1 SubjeX, a division of Paired Creation, with its registered address at 11 Wendy Lane, Duxbury Sandtonis an entity registered under and governed by the laws of South Africa ("SubjeX" or "we" or "us" or "our"). Our further details are set out in the Terms.

1.1.2 We are committed to protecting and respecting your privacy. We strive to ensure that our use of your Personal Information is lawful, reasonable, and relevant to our business activities, with the ultimate goal of improving our services and your experience.

1.1.3 This Privacy Policy sets out what we will do with any Personal Information we collect from or about you, or that you provide to us, when you use the Website and/or the Services.

1.1.4 This Privacy Policy must be read together with any Website terms and conditions and any other documents or agreements that describe the manner in which we, in specific circumstances, collect or process Personal Information about you. This will enable you to understand the manner in which we will process your Personal Information, This Privacy Policy supplements such other documents and agreement but does not supersede them and in the event of any conflict, ambiguity or inconsistency between this Privacy Policy and such other documents and agreements, the terms of the particular document or agreement will prevail.

1.2 You consent to the Processing of your Personal Information

1.2.1 By agreeing to this Privacy Policy, you provide us with your express consent and agreement that we may collect, get, receive, record, organise, collate, store, update, change, retrieve, read, process, consult, use and share your Personal Information in the manner set out in this Privacy Policy. When we do one or more of these actions with your Personal Information, we are "Processing" your Personal Information (and "Process" has a corresponding meaning).

1.2.2 If you do not agree with this Privacy Policy, or are concerned about any aspect as it relates to your Personal Information, please do not continue to use the Website or the Services.

In the paragraph above you expressly give your permission to us to Process your Personal Information in the manner and for the purposes set out in this Privacy Policy. By doing this, you know and accept that you are giving up certain parts of your right to privacy.

1.3 What does this Privacy Policy apply to?

1.3.1 This Privacy Policy applies to the Processing by us or on our behalf, and our successors-in-title, of Personal Information (defined below) relating to you ("user", "you", or "your"), being a user who accesses and/or uses the Website and/or the Services (hereinafter collectively referred to as just the "Website", for simplicity), regardless of the device which you use to access it, which device is capable of using, or enabled to use, the Website including, but not limited to, internet-connected mobile devices and tablets ("Access Device").

1.3.2 This Privacy Policy does not apply to Processing of Personal Information by other third parties relating to or by means of other parties' websites, products or services, such as websites linked to, from or advertised on the Website or through the Services, or sites which link to or advertise the Website. Such Processing may be subject to privacy policies of third parties.

2. What is Personal Information

2.1 "Personal Information" refers to personal information about an identifiable natural person or juristic person. Your Personal Information may include your name and surname, age, date of birth, contact details (eg your home address, postal address, email address or phone number), physical location, social media account details and profile pictures. The Personal Information that we collect about you may differ on the basis of the products and services that your receive from Subjex. Other information which might be Personal Information may include:

2.1.1 "device and device event information": We may collect information such as your IP address, unique device identifier, the nature of the Access Device which you used to access the Website, the geographic location from which you accessed our site, hardware model and settings, operating system type and version, browser language, system activity, and crashes;

2.1.2 "log information": When you use the Website, we may automatically collect and store certain information in server logs when you access the Website, which may include your site activity information, such as details of how, when and for how long you accessed the Website, what links you went to, what Content (as defined in the Terms) you accessed, the amount of Content viewed and the order of that Content and the amount of time spent on the specific Content;

2.1.3 "profile information": We may collect and Process information and usage data per profile to make targeted recommendations to that profile when logged in to and using the Website; and

2.1.4 "location information": We may use various technologies to determine your actual location, such as geographical data from your Access Device (which is usually based on the GPS or IP location).

2.2 Subjex may also process, collect, store and/or use aggregated data, which may include historical or statistical data ("Aggregated Data") for any purpose. Aggregated Data may be derived from your Personal Information but is not considered Personal Information, as this data does not directly or indirectly reveal your identity. However, if we combine or connect Aggregated Data with your Personal Information in a manner that has the result that it can directly or indirectly identify you, we will treat the combined data as Personal Information, which will be managed in accordance with this Privacy Policy.

2.3 Personal Information does not include information that has been de-identified to the extent that it cannot be re-identified again.

3. When will we Process your Personal Information

3.1 In addition to paragraph 4 below, Personal Information may be Processed by us in several ways, including, when:

3.2 you access, use, refer to, view and/or make use of the Website, Content or Services;

3.3 you submit your Personal Information to us for any other reason; and

3.4 you contact us, by email or telephonically or otherwise, with any queries.

4. How we collect your Personal Information

4.1 We may collect your Personal Information in three ways, namely:

4.1.1 actively from you;

4.1.2 passively from your Access Device when you use the Website; and

4.1.3 passively from our affiliates and third party service providers.

4.2 Active collection from you

4.2.1 We may require you to submit certain information in order for you to register an account for the Website or benefit from specified features, such as when you register to complete a questionnaire or create an account to purchase access to an IEB Masterclass (as the term is defined in the Terms) and we may collect Personal Information from you by asking you specific questions and by permitting you to communicate directly with us, for example via email, feedback forms, site comments and forums.

4.2.2 if you contact us, we may keep a record of that correspondence.

4.2.3 the information we may actively collect from you may include your: identifying information (eg your name, surname, unique identifier, date of birth, profile picture and physical location); contact details (eg email address and phone number); and any other information which we may request from you, and which you provide, from time to time.

4.3 Passive collection from your Access Device

4.3.1 We passively collect some of your Personal Information from the Access Device which you use to access and navigate through the Website, using various technological means, for instance, using server logs to collect and maintain log information.

4.3.2 We also use cookies and anonymous identifiers which enable our computer system to recognise you when you next visit the Website to distinguish you from other users and to improve our service to you, and which can be used to enhance the content of the Website and make it more user-friendly, as well as to give you a more personalised experience.

4.3.3 A cookie is a small piece of data (an alphanumeric identifier) which our computer system transfers to your Access Device through your web browser when you visit the Website and which is stored in your web browser. When you visit the Website again, the cookie allows the site to recognise your browser. Cookies may store user preferences and other information.

4.3.4 You may disable the use of cookies by configuring your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do so, you may not be able to enjoy all of the features and functionality of the Website.

4.3.5 The information which we may passively collect from your Access Device may include your identifying information, contact details, device and device event information, site activity information, log information, telephony log information, location information, unique application numbers and any other information which you permit us, from time to time, to passively collect from your Access Device.

4.4 Passive collection from our affiliates and third party service providers

We collect some Personal Information passively from our affiliates and third party service providers, purely to supplement information which you have already agreed to give us and to supplement your user profile on the Website, if applicable.

4.5 Passive collection from social networking sites (with your permission)

4.5.1 We may allow you to log onto the Website by using a social media account authentication option.

4.5.2 By collecting information from your social media account we enable you to enrich your account on the Website by enabling you to share your information (eg posts, photos, videos, and contacts) which is stored on that social media account without you having to actively give us all that information, all you need to do is login using your username and password and give us your permission to access and use that information.

4.5.3 There are two kinds of information which we collect from social networking sites, namely basic information and extended information.

4.5.4 Basic information Basic information is information which you have put on a social media account which you have made public in accordance with your privacy settings on the relevant social media account. This could include your name and surname, username or user-ID number, your profile picture or its URL, your email address, the physical location of your Access Device, your gender, your date of birth, and any other information which you have decided to share publically (the information which you have put on your social media account profile for anyone to see). We will access your basic information from your social media account only: when you log on to the social media account from the Website or if you select any "keep me logged in" or equivalent function; with your permission; and in line with your privacy settings on the relevant social media account.

4.5.5 Extended information Extended information is information which you have put on a social media account over and above the basic information. This could include your additional identifying information and contact details, biographical information, educational history, personal preferences, religion, your "friends" or contacts on the social media account, your "likes" and "dislikes", information you have "shared" (eg comments on, or shared content on, your or your friend's Facebook "wall"), your recommendations to your friends or other social media account contacts and any other information which you have put on, or actions you have done, on a social media account (eg the information on your Facebook "wall"), and any other information which you permit us, from time to time, to passively collect from a social media account. We will collect from the relevant social media account your extended information only if and to the extent that you give us permission to do so. You can decide the layers of extended information which you want to share with us and manage it through the Website or the relevant social media account. We may offer you the ability to import your address book contacts or to manually enter third parties' contact details in order to populate your invite list on the Website ("your contacts"). You may authorise us to send your communications to your contacts on your behalf (eg to send your contact an email or notification from you or on your behalf inviting him/her to join the Website).

5. How we use your Personal Information

5.1 We use the information we collect to provide, maintain, and improve the Website, to provide current, and develop new, services, and to protect us, our services and our users. We constantly strive to improve our users' experience, and so we also use the information we collect in order to offer you information and Content which is more appropriately tailored for you as far as reasonably possible.

5.2 We may use your Personal Information:

5.2.1 to retain and make available to you information on the Website;

5.2.2 to create your user account, where applicable, and ensure that it doesn't duplicate an existing user account on the Website and allow use of the Content;

5.2.3 as a registered user, to send you notifications and authenticate your identity when you view and access the Website;

5.2.4 to maintain and update our customer, or potential customer, databases;

5.2.5 to establish and verify your identity on the Website;

5.2.6 to fulfil your requests for certain Services;

5.2.7 to diagnose and deal with technical issues and customer support queries and other user queries, such as problems with our server, determine the optimal and fastest route for your Access Device to use in connecting with the Website, and administer, maintain and secure the Website;

5.2.8 to detect, prevent or deal with actual or alleged fraud, security or the abuse, misuse or unauthorised use of the Website and/or contravention of this Privacy Policy;

5.2.9 to conduct market research surveys, product research and development;

5.2.10 to provide you with the latest information about our Services, provided you have agreed to receive such information;

5.2.11 to communicate with you;

5.2.12 to compile non-personal statistical information about browsing habits, click patterns and access to the Website;

5.2.13 to improve the Website, analyse trends and administer the Website, including requesting feedback on Content and Services and products, address any issues and liaise with users in that regard;

5.2.14 to keep a record of our communications with you and your communications with us;

5.2.15 to fulfil any contractual obligations we may have to you or any third party;

5.2.16 to improve your user experience and the overall quality of our Services;

5.2.17 to customise the Website to your preferences and tailor information and/or Content for you to ensure that it is presented in the most effective manner for you and for your Access Device;

5.2.18 to inform you about any changes to the Website, the Terms, this Privacy Policy or other changes which are relevant to you;

5.2.19 subject to paragraph 4.3.2 to 4.3.5 (inclusive), to provide you with online personalised services and targeted advertising, including through the use of cookies;

5.2.20 subject to paragraph 4.3.2 to 4.3.5 (inclusive), to provide you with online recommendations of products and services which you have requested or which we reasonably believe might be of interest to you based on your Personal Information;

5.2.21 to compile and use statistical information about you and other users and their access to and use of the Website, browsing habits, click-patterns, preferences, and demographics which we may use to develop, provide and improve the Website, including, recommendations to users and tailoring information and Content for users;

5.2.22 to compile, use, disclose and trade with non-personal statistical information about our users and their access to and use of the Website, browsing habits, click-patterns, preferences, demographics which we may use to develop, provide and improve the Website and our products and services, including targeted advertising to user groups. Please note that the information referred to in this paragraph 5.2.22 is aggregate information about our users which has de-identified personal information such that it cannot be linked back to identify you;

5.2.23 for security, administrative and legal purposes;

5.2.24 for customer relations; and

5.2.25 other activities and/or purposes which are lawful, reasonable and adequate, relevant and not excessive in relation to provision of the Content, Services and/or Website, our business activities or such other purpose for which it was collected.

5.3 We will get your permission before collecting or using your Personal Information for any other purpose.

6. Compulsory information and consequences of not sharing with us

Only your email address, name and surname, contact details and such other information as we specify from time to time, constitutes compulsory information. All other information is optional. If you do not agree to share compulsory information with us, then you will not be able to make full use of the features that are offered to users, including Content and/or Services. If you do not agree to share your optional information with us, then you might not be able to enjoy all of the features and functionality on the Website, including certain Content and/or Services.

7. Sharing of your Personal Information

7.1 We will not intentionally disclose, for commercial gain or otherwise, your Personal Information other than as set out in this Privacy Policy, as permitted by applicable law or with your permission.

7.2 You agree and consent that your Personal Information may be shared under the following circumstances:

7.2.1 to our employees, service providers, contractors, agents if and to the extent that they need to know that information in order to process it for us and/or to provide services for or to us, such as hosting, development and administration, technical support and other support services. We will authorise any information processing done by a third party on our behalf by entering into written agreements with those third parties governing our relationship with them and containing confidentiality and non-disclosure provisions. Such persons may be disciplined, their contracts terminated or other appropriate action taken if they fail to meet their obligations;

7.2.2 in order to enforce or apply our terms of use or any other contract between you and us;

7.2.3 in order to protect our rights, property or safety or that of our customers, employees, contractors, dealers and agents and any other third party;

7.2.4 in order to mitigate any actual or reasonably perceived risk to us, our customers, employees, service providers, contractors, agents or any other third party;

7.2.5 to governmental agencies, exchanges and other regulatory or self-regulatory bodies if we are required to do so by law or if we reasonably believe that such action is necessary: to comply with the law or with any legal process; to protect and defend the rights, property or safety of us, our affiliates or our customers, employees, contractors and agents or any third party; to detect, prevent or deal with actual or alleged fraud, security or technical issues or the abuse, misuse or unauthorised use of our site and/or contravention of this privacy policy; and/or to protect the rights, property or safety of members of the public (if you provide false or deceptive information about yourself or misrepresent yourself as being someone else, we may proactively disclose such information to the appropriate regulatory bodies and/or commercial entities).

7.3 We may use your Personal Information to compile profiles for statistical purposes and may freely trade with such profiles and statistical data, provided that the profiles or statistical data cannot be linked back to you.

7.4 We will get your permission before disclosing your Personal Information to any third party for any other purpose.

8. Storage and transfer of your Personal Information

8.1 We store your Personal Information:

8.1.1 on our servers; or

8.1.2 on the servers of our third party service providers, such as IT systems or hosting service providers. In this event, we will ensure that we have entered into written contracts that require such third party service providers to secure the integrity and confidentiality of Personal Information in its possession by taking appropriate, reasonable technical and organisational measures.

8.2 We reserve the right to transfer to and/or store your Personal Information on servers in a jurisdiction other than where it was collected, or outside of South Africa in a jurisdiction that may not have comparable data protection legislation.

8.3 If the location to which Personal Information is transferred and/or is stored does not have substantially similar laws to those of South Africa, which provide for the protection of Personal Information, we will take reasonably practicable steps, including the imposition of appropriate contractual terms to ensure that your Personal information is adequately protected in that jurisdiction.

8.4 Please contact us if you require information as to the specific mechanisms used by us when transferring your Personal Information outside of South Africa or to a jurisdiction that is different to the one in which we collected your Personal Information.

9. Security

9.1 We take appropriate reasonable technical and organisational measures to secure the integrity of Personal Information, using accepted technological standards to prevent unauthorised access to or disclosure of your Personal Information, and protect your Personal Information from misuse, loss, alteration or destruction.

9.2 Even by taking the above measures when Processing Personal Information, we do not guarantee that your Personal Information is 100% secure. Subject to the provisions of this clause 9.2 , as far as the law allows, we will not be liable for any loss, claim and/or damage arising from any unauthorised access, disclosure, misuse, loss, alteration or destruction of Personal Information.

9.3 In this paragraph, you acknowledge that you know and you accept that technology is not absolutely secure and there is a risk that your Personal Information will not be secure when Processed by means of technology. We do not promise that we can keep your Personal Information completely secure. You will not be able to take action against us if you suffer losses or damages in these circumstances.

10. Retention of your Personal Information

10.1 We may keep Personal Information for as long as you continue to access the Website, Content and/or Services or for as long as reasonably necessary or until you contact us and ask us to destroy the retained information.

10.2 Notwithstanding paragraph 10.1 above and any other provision of this Privacy Policy, we may keep some or all of your Personal Information if and for as long as:

10.2.1 we are required by law, a code of conduct or a contract with you to keep it;

10.2.2 we reasonably need it for lawful purposes related to our functions and activities;

10.2.3 we reasonably need it for evidentiary purposes;

10.2.4 you agree to us keeping it for a specified further period; and/or

10.2.5 it is permitted by law.

10.3 To determine the appropriate retention period for Personal Information, Subjex will consider, among other things, the nature and sensitivity of the Personal Information, the potential risks or harm that may result from its unauthorised use or disclosure, the purposes for which we process it and whether those purposes may be achieved through other means. Subjex will always comply with applicable legal, regulatory, tax, accounting or other requirements as they pertain to the retention of Personal Information.

11. Keeping your Personal Information updated and correct

11.1 Where required by law, we take reasonable steps to ensure that your Personal Information is accurate, complete, not misleading, and up to date.

11.2 We also acknowledge that you may have rights of access to, and the right to rectify, your Personal Information, and rights to object to the Processing of your Personal Information in certain circumstances.

11.3 You must let us know if any information we have about you is incorrect, incomplete, misleading or out of date, by notifying us at the contact details set out in paragraph 17 . If you have already registered for a Service or to use the Website in some other way, you can at a later stage modify some of the Personal Information you have included in your profile by logging in and accessing the account created by you on the Website.

11.4 Where required by law, we will take reasonable steps to correct or update the relevant information accordingly having regard to the purpose for which the information was collected or used.

12. Your Rights

12.1 Data protection laws confer certain rights on you in respect of your Personal Information, which include the right to:

12.1.1 Block all cookies, by setting your browser to do so, including cookies associated with our products and services or to indicate when a cookie is being sent by us.

12.1.2 Request access to your Personal Information (commonly known as a "data subject access request"), thereby enabling you to receive a copy of the Personal Information retained about you.

12.1.3 Request the correction of your Personal Information, in order to ensure that any incomplete or inaccurate Personal Information is corrected.

12.1.4 Request erasure of your Personal Information, where there is no lawful basis for the retention or continued processing of it.

12.1.5 Object to the processing of your Personal Information for 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.

12.1.6 Request restriction of processing of your Personal Information. This enables you to ask us to suspend the processing of your Personal Information in limited circumstances, which may differ by jurisdiction.

12.1.7 Withdraw consent previously given in respect of the processing of your Personal Information at any time which withdrawal of consent will not affect the lawfulness of any processing carried out prior to your notice of withdrawal. Withdrawal of consent may limit the ability of Subjex or a third party to provide certain products or services to you, but will not affect the continued processing of your Personal Information in instances in which your consent is not required.

12.2 As far as the law allows, we may charge a fee for attending to any of the above requests, and may also refuse to carry out any of your requests in whole or in part.

13. Changes to this Privacy Policy

To the extent allowed by law, this Privacy Policy may be updated or amended by us at any time in our sole discretion, without notice, provided that if we do so, we will post the revised policy on the Website. Accordingly, please check the Website for changes periodically. If you continue to access or use the Website and/or the Services after amendments are made and displayed, you will be deemed to have accepted these changes.

14. Special Personal Information

14.1 Some categories of particularly sensitive Personal Information, such as information of your health or sex life, racial or ethnic origin, religious or philosophical beliefs, sexual orientation, criminal behaviour or trade union membership and biometric information, if applicable, require higher levels of protection. We need to have further justification for processing this type of Personal Information, Subjex has implemented appropriate policies and safeguards, which we are required by law to maintain, to process this special Personal Information. We may process special categories of your Personal Information in the following circumstances:

14.1.1 in limited circumstances, with your explicit written consent;

14.1.2 where it is needed in the public interest, such as for equal opportunities monitoring; or

14.1.3 where applicable data protection legislation specifically enables or requires us to do so.

14.2 In rare situations, we may process this type of information where it is needed in relation to legal claims or where it is needed to protect your interests (or someone else's interests) and you are not capable of giving your consent, or where you have already made the information public.

15. Children

15.1 The Website and Subjex's products and services may be targeted at children (a natural person under the age of 18 years). In such event, Subjex will not knowingly collect Personal Information in respect of children without express permission to do so from a competent person (any person who is legally competent to consent to any action or decision being taken in respect of any matter concerning a child).

16. Direct marketing

16.1 When you register on the Website to complete the SubjeX questionnaire, you may receive marketing communications from us.

16.2 You may refuse to accept, require us to discontinue, or pre-emptively block any approach or communications from us if that approach or communication is primarily for the purpose of direct marketing ("direct marketing communications").

16.3 You may opt out of receiving direct marketing communications from us at any time by requesting us (in any manner, whether telephonically, electronically, in writing or in person) to desist from initiating any direct marketing to you.

16.4 You may, in terms of the Consumer Protection Act 68 of 2008 (the "Consumer Protection Act"), register a pre-emptive block against direct marketing communications. If you do so, we will not send you direct marketing communications unless you have expressly requested or consented to receiving direct marketing communications from us.

17. Third party sites

17.1 To the extent allowed by law, we are not responsible for the privacy practices of a third party site to which there may be a link on the Website, or for any claims, loss or damage arising from these.

17.2 We advise you to read the privacy policy of each site which you visit and to determine your privacy settings in accordance with your personal preferences.

17.3 We are not liable if you suffer losses or damages when visiting third party websites by following a link to that website from the Website. You accept that there may be risks when you use such third party websites, and you do so at your own risk.

18. Consumer Protection Act, Protection of Personal Information Act and other laws

18.1 If this Privacy Policy or any provision in this Privacy Policy is regulated by or subject to the Consumer Protection Act, the Protection of Personal Information Act 4 of 2013 ("POPIA") or other laws, it is not intended that any provision of this Privacy Policy contravenes any provision of the Consumer Protection Act, POPIA or such other laws. Therefore all provisions of this Privacy Policy must be treated as being qualified, to the extent necessary, to ensure that the provisions of the Consumer Protection Act, POPIA and such other laws are complied with.

18.2 No provision of this Privacy Policy:

18.2.1 does or purports to limit or exempt us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption;

18.2.2 requires you to assume risk or liability for the kind of liability or loss, to the extent that the law does not allow such an assumption of risk or liability; or

18.2.3 limits or excludes any warranties or obligations which are implied into this Privacy Policy by the Consumer Protection Act (to the extent applicable), POPIA (to the extent applicable), or other applicable laws or which we give under the Consumer Protection Act (to the extent applicable), POPIA (to the extent applicable), or other applicable laws, to the extent that the law does not allow them to be limited or excluded.

19. General

19.1 You agree that this Privacy Policy, our relationship and any dispute of whatsoever nature relating to or arising out of this Privacy Policy whether directly or indirectly, shall be governed by the laws of the Republic of South Africa without giving effect to any principle of conflict of laws.

19.2 You agree that we may, at any time, transfer, cede, delegate or assign any or all of our rights and obligations under this Privacy Policy without your consent. We will notify you if we transfer, cede, delegate or assign any rights or obligations to a third party, but we do not have to notify you if we transfer, cede, delegate or assign any rights or obligations to any of our affiliates or to any person which acquires all or part of our business and/or assets. We may also sub-contract our obligations without your consent and we do not have to notify you if we sub-contract any of our obligations.

19.3 Subject to 16.2 , this Privacy Policy shall apply for the benefit of and be binding on each party's successors and assigns.

19.4 Our failure to exercise or enforce any right or provision of this Privacy Policy shall not constitute a waiver of such right or provision.

19.5 Each provision of this Privacy Policy, and each part of any provision, is removable and detachable from the others. As far as the law allows, if any provision of this Privacy Policy, or part of a provision, is found by a court or authority of competent jurisdiction to be invalid, illegal or unenforceable (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction), it must be treated as if it was not included in this Privacy Policy and the rest of this Privacy Policy will still be valid and enforceable.

20. Queries

20.1 If you have questions about our Privacy Policy, please contact us at https://www.subjex.io/

20.2 When POPIA becomes of force and effect, you will have a right to lodge a complaint to the Information Regulator (inforeg@justice.gov.za) for any contravention of POPIA.