POLICY") APPLIES TO HOW WE PROCESS YOUR PERSONAL INFORMATION (AS DEFINED
IN PARAGRAPH 2.1 BELOW) WHEN YOU USE THE WEBSITE AND SERVICES (AS SUCH TERMS
ARE DEFINED IN THE WEBSITE TERMS AND CONDITIONS ACCESSIBLE AT
HTTPS://WWW.SUBJEX.IO/ (THE "TERMS")). TO THE EXTENT THAT THIS
ALL OF THE PROVISIONS OF THIS PRIVACY
POLICY ARE IMPORTANT, BUT PLEASE PAY SPECIAL ATTENTION TO THE PARTS THAT ARE IN
BOLD WRITING. THESE PARTS CONTAIN INFORMATION ABOUT PROVISIONS THAT HAVE
SPECIAL CONSEQUENCES FOR YOU. THESE PARTS ARE ONLY INTENDED TO BRING SUCH
PROVISIONS TO YOUR ATTENTION, AND, WHERE NECESSARY, TO EXPLAIN THEIR FACT,
NATURE AND EFFECT. WHERE EXPLANATIONS ARE GIVEN, THEY MAY BE CONTAINED IN A
BOX. SUCH BOXED EXPLANATIONS ARE AIDS TO UNDERSTANDING ONLY AND ARE NOT
PROVISIONS THEMSELVES. THEY DO NOT LIMIT THE MEANING OR APPLICATION OF THE
PROVISIONS, AND DO NOT APPLY ONLY TO THE SITUATIONS AND EXAMPLES DESCRIBED IN
THE BOXES OR ONLY TO SIMILAR SITUATIONS OR EXAMPLES.
Introduction and scope
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.
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.
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.
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
documents and agreement but does not supersede them and in the event of any
documents and agreements, the terms of the particular document or agreement
You consent to the Processing of your Personal Information
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
actions with your Personal Information, we are "Processing" your Personal Information (and "Process" has a corresponding
If you do not agree with this
Personal Information, please do not continue to use the Website or the
In the paragraph above you expressly give your
permission to us to Process your Personal Information in the manner and for the
that you are giving up certain parts of your right to privacy.
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").
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.
What is Personal Information
"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:
"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;
"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;
"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
"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).
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
Personal Information does not
include information that has been de-identified to the extent that it cannot be
When will we Process your
In addition to paragraph
below, Personal Information may be Processed by us in several ways, including,
you access, use, refer to, view
and/or make use of the Website, Content or Services;
you submit your Personal
Information to us for any other reason; and
you contact us, by email or
telephonically or otherwise, with any queries.
We may collect your Personal
Information in three ways, namely:
actively from you;
passively from your Access
Device when you use the Website; and
passively from our affiliates
and third party service providers.
Active collection from you
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
if you contact us, we may keep
a record of that correspondence.
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
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.
Passive collection from your
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.
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.
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
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.
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.
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.
Passive collection from social
networking sites (with your permission)
We may allow you to log onto
the Website by using a social media account authentication option.
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
There are two kinds of
information which we collect from social networking sites, namely basic
information and extended 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
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.
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).
How we use your Personal
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.
We may use your Personal
to retain and make available to
you information on the Website;
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;
as a registered user, to send
you notifications and authenticate your identity when you view and access the
to maintain and update our
customer, or potential customer, databases;
to establish and verify your
identity on the Website;
to fulfil your requests for
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;
to detect, prevent or deal with
actual or alleged fraud, security or the abuse, misuse or unauthorised use of
to conduct market research
surveys, product research and development;
to provide you with the latest
information about our Services, provided you have agreed to receive such
to communicate with you;
to compile non-personal
statistical information about browsing habits, click patterns and access to the
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;
to keep a record of our
communications with you and your communications with us;
to fulfil any contractual
obligations we may have to you or any third party;
to improve your user experience
and the overall quality of our Services;
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;
to inform you about any changes
relevant to you;
subject to paragraph
(inclusive), to provide you with online personalised services and targeted
subject to paragraph
(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;
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;
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
is aggregate information
about our users which has de-identified personal information such that it
cannot be linked back to identify you;
for security, administrative
and legal purposes;
for customer relations; and
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.
We will get your permission
before collecting or using your Personal Information for any other purpose.
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.
Sharing of your Personal
We will not intentionally
disclose, for commercial gain or otherwise, your Personal Information other
You agree and consent that your
Personal Information may be shared under the following circumstances:
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
in order to enforce or apply
in order to protect our rights,
property or safety or that of our customers, employees, contractors, dealers
and agents and any other third party;
in order to mitigate any actual
or reasonably perceived risk to us, our customers, employees, service
providers, contractors, agents or any other third party;
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
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).
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.
We will get your permission
before disclosing your Personal Information to any third party for any other
Storage and transfer of your
We store your Personal
on our servers; or
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.
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.
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.
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.
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.
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
, 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
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
Retention of your Personal
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.
Personal Information if and for as long as:
we are required by law, a code
of conduct or a contract with you to keep it;
we reasonably need it for
lawful purposes related to our functions and activities;
we reasonably need it for
you agree to us keeping it for
a specified further period; and/or
it is permitted by law.
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.
Keeping your Personal
Information updated and correct
Where required by law, we take
reasonable steps to ensure that your Personal Information is accurate,
complete, not misleading, and up to date.
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.
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
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.
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.
Data protection laws confer
certain rights on you in respect of your Personal Information, which include
the right to:
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.
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.
Request the correction of
your Personal Information, in order to ensure that
any incomplete or inaccurate Personal Information is corrected.
Request erasure of your
Personal Information, where there is no lawful
basis for the retention or continued processing of it.
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.
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.
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.
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.
To the extent allowed by law, this
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
Special Personal Information
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:
in limited circumstances, with
your explicit written consent;
where it is needed in the
public interest, such as for equal opportunities monitoring; or
where applicable data
protection legislation specifically enables or requires us to do so.
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
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).
When you register on the
Website to complete the SubjeX questionnaire, you may receive marketing
communications from us.
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
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.
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.
Third party sites
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
We advise you to read the
settings in accordance with your personal preferences.
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.
Consumer Protection Act,
Protection of Personal Information Act and other laws
Protection Act, the Protection of Personal Information Act 4 of 2013 ("POPIA") or other laws, it is not
the Consumer Protection Act, POPIA or such other laws. Therefore all provisions
necessary, to ensure that the provisions of the Consumer Protection Act, POPIA
and such other laws are complied with.
No provision of this Privacy
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;
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
limits or excludes any
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.
our relationship and any dispute of whatsoever nature relating to or arising
the laws of the Republic of South Africa without giving effect to any principle
of conflict of laws.
You agree that we may, at any
time, transfer, cede, delegate or assign any or all of our rights and
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.
successors and assigns.
Our failure to exercise or
waiver of such right or provision.
Each provision of this Privacy
Policy, and each part of any provision, is removable and detachable from the
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
When POPIA becomes of force and
effect, you will have a right to lodge a complaint to the Information Regulator
(email@example.com) for any contravention of POPIA.