Protection of Personal Information (“POPI”), Privacy Policy and Principles
- Introduction
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1.1
1.2 |
This Privacy Policy should be read in conjunction with the EDGE GROWTH TECHNOLOGY SERVICES Master Terms of Use.
EDGE GROWTH TECHNOLOGY SERVICES respect Users’ privacy and will take reasonable measures to protect it, as more fully detailed below. |
| 1.3 | EDGE GROWTH TECHNOLOGY SERVICES may require the User to provide EDGE GROWTH TECHNOLOGY SERVICES with personal information which includes but is not limited to company names and registration numbers, name and surname, email address, physical address, gender, mobile number and date of birth. |
| 1.4 | Should the User’s personal information change, please inform EDGE GROWTH TECHNOLOGY SERVICES and provide EDGE GROWTH TECHNOLOGY SERVICES with the updates within 7 days to enable EDGE GROWTH TECHNOLOGY SERVICES to update the User’s personal information. |
| 1.5 | Users may choose to provide additional personal information to EDGE GROWTH TECHNOLOGY SERVICES, in which event Users agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent the User’s affiliation with anyone or anything. |
| 1.6 | EDGE GROWTH TECHNOLOGY SERVICES asks each of its Users to abide by all applicable laws, rules and regulations, as EDGE GROWTH TECHNOLOGY SERVICES promise its Users that EDGE GROWTH TECHNOLOGY SERVICES will do it ourselves. |
| 1.7 | The “Products” and “Services” are the Platform and other related services provided by EDGE GROWTH TECHNOLOGY SERVICES from time to time, including summits, masterclasses, podcasts content, resources and a WhatsApp community for founders. |
- User’s consent
By using EDGE GROWTH TECHNOLOGY SERVICES and the Products and/or Services, the Users consent to the transfer of the User’s personal data. Subject to the below, EDGE GROWTH TECHNOLOGY SERVICES will not, without the User’s express consent, use the User’s personal information for any purpose other than as set out below:
| 2.1 | EDGE GROWTH TECHNOLOGY SERVICES uses that information for several purposes: to register the Users for inclusion in our Service; to fulfil the User’s request; to contact Users if EDGE GROWTH TECHNOLOGY SERVICES need to obtain or provide additional information; to verify the accuracy of our records, or to contact Users regarding customer satisfaction surveys; |
| 2.2 | in relation to the ordering, sale and delivery of Products and Services; |
| 2.3 | to contact Users regarding current or new Products or Services or any other Products offered by EDGE GROWTH TECHNOLOGY SERVICES (unless Users have opted out from receiving marketing material from EDGE GROWTH TECHNOLOGY SERVICES); |
| 2.4 | to inform Users of new features, special offers and promotional competitions offered by EDGE GROWTH TECHNOLOGY SERVICES (unless Users have opted out from receiving marketing material from EDGE GROWTH TECHNOLOGY SERVICES); |
| 2.5 | to improve our Products, Services and Users selection and the User’s experience on our Platform by, for example, monitoring the User’s browsing habits, or tracking the User’s activities on the Platform; |
| 2.6 | to collect certain technical information, such as the browser version and operating system; |
| 2.7 | to disclose the User’s personal information to any third party other than as set out below: |
| 2.7.1 | to our employees and/or third party Service providers who assist EDGE GROWTH TECHNOLOGY SERVICES to interact with Users via our Platform, or any other method, for the ordering, sale and delivery of Products or Services and thus need to know the User’s personal information in order to assist EDGE GROWTH TECHNOLOGY SERVICES to communicate with Users properly and efficiently; |
| 2.7.2 | to other Users (including their employees and/or third party Service providers) in order for them to interact directly with Users via email or any other method for purposes of delivering additional services and/or products, sending Users marketing material regarding any current or new Products or Services, new features, special offers or promotional items offered by them (unless Users have opted out from receiving marketing material from EDGE GROWTH TECHNOLOGY SERVICES); |
| 2.7.3 | to law enforcement, government officials, fraud detection agencies or other third parties when EDGE GROWTH TECHNOLOGY SERVICES believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of the Privacy Policy; |
| 2.7.4 | to our Service providers (under contract with EDGE GROWTH TECHNOLOGY SERVICES) who help with parts of our business operations (fraud prevention, marketing, technology services etc). However, our contracts dictate that these Service providers may only use the User’s information in connection with the Services they perform for EDGE GROWTH TECHNOLOGY SERVICES and not for their own benefit; |
| 2.7.5 | to our suppliers in order for them to liaise directly with Users in the event of Users submitting a warranty claim regarding any Products or Services Users have purchased which requires their involvement. |
| 2.8 | From time to time EDGE GROWTH TECHNOLOGY SERVICES may also administer random “interactive pop-up” surveys to some Users on their sites. These surveys request additional demographic, non-personally identifiable information. The Users’ participation in a survey is always voluntary, and Users, therefore, have a choice as to whether or not to provide the requested survey information. EDGE GROWTH TECHNOLOGY SERVICES use the information collected in the survey, in conjunction with information gathered through cookies and code, in order to provide Users with an even more detailed understanding of its target market. |
| 2.9 | Some voluntarily provided personally identifiable information may be captured; for example, when an email address or telephone number is incorporated into a survey for the potential awarding of a prize draw, or when the respondent has opted-in to possible follow up research. This information may be shared with entities or other Users who in turn have agreed to adhere to this Privacy Policy. |
| 2.10 | EDGE GROWTH TECHNOLOGY SERVICES are entitled to use or disclose the User’s personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of a court or legal process served on EDGE GROWTH TECHNOLOGY SERVICES, or to protect and defend our rights or property. |
| 2.11 | EDGE GROWTH TECHNOLOGY SERVICES will ensure that all of our employees, third party Service providers, divisions and partners (including their employees and third party service providers) having access to the User’s personal information are bound by appropriate and legally binding confidentiality obligations in relation to the User’s personal information. |
- Personal Information
EDGE GROWTH TECHNOLOGY SERVICES will –
| 3.1 | treat the User’s personal information as strictly confidential, save where EDGE GROWTH TECHNOLOGY SERVICES is entitled to share it as set out in this Policy; |
| 3.2 | take appropriate technical and organisational measures to ensure that the User’s personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access; |
| 3.3 | provide Users with access to the User’s personal information to view and/or update personal details; |
| 3.4 | promptly notify Users if EDGE GROWTH TECHNOLOGY SERVICES become aware of any unauthorised use, disclosure or processing of the User’s personal information; |
| 3.5 | provide Users with reasonable evidence of our compliance with our obligations under this Policy on reasonable notice and request; |
| 3.6 | upon the User’s request, promptly return or destroy any and all of the User’s personal information in our possession or control, save for that which EDGE GROWTH TECHNOLOGY SERVICES are legally obliged to retain; |
| 3.7 | EDGE GROWTH TECHNOLOGY SERVICES will not retain the User’s personal information longer than the period for which it was originally needed, unless EDGE GROWTH TECHNOLOGY SERVICES are required by law to do so, or the Users consent to EDGE GROWTH TECHNOLOGY SERVICES retaining such information for a longer period; |
| 3.8 | EDGE GROWTH TECHNOLOGY SERVICES undertakes never to sell or make the User’s personal information available to any third party other than as provided for in this Policy, unless EDGE GROWTH TECHNOLOGY SERVICES are compelled to do so by law. In particular, in the event of fraudulent online payment, EDGE GROWTH TECHNOLOGY SERVICES is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it; |
| 3.9 | Whilst EDGE GROWTH TECHNOLOGY SERVICES will do all things reasonably necessary to protect the User’s rights of Privacy, EDGE GROWTH TECHNOLOGY SERVICES cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of the User’s personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence; |
| 3.10 | If Users disclose the User’s personal information to a third party, such as an entity that operates the Platform or anyone other than EDGE GROWTH TECHNOLOGY SERVICES, EDGE GROWTH TECHNOLOGY SERVICES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because EDGE GROWTH TECHNOLOGY SERVICES does not regulate or control how that third party uses the User’s personal information. The User should always ensure that it reads the Privacy Policy of any third party; |
| 3.11 | Retention Period. EDGE GROWTH TECHNOLOGY SERVICES will retain the User’s personal information for the period necessary to fulfil the purposes outlined in this Privacy Policy unless a longer retention period is required or allowed by law; |
| 3.12 | Cross-Border Transfer For Users: The personal information from Users may be stored and processed in any country where EDGE GROWTH TECHNOLOGY SERVICES have facilities or where the Products from its Users originate, and by using the EDGE GROWTH TECHNOLOGY SERVICES Platform the User’s consent to the transfer of information to countries outside of the User’s country of residence, which have different data protection rules than in the User’s country; |
| 3.13 | Children and Privacy. The EDGE GROWTH TECHNOLOGY SERVICES Platform does not offer information intended to attract children. EDGE GROWTH TECHNOLOGY SERVICES do not knowingly solicit personal information from children under the age of 14; |
| 3.14 | Your right to access information. The User has the right to request a copy of the personal information we hold about the User. To do so, simply email EDGE GROWTH TECHNOLOGY SERVICES on our contact details below and send a request to review the personal information or contact us at the numbers/addresses listed below and specify what information is required. EDGE GROWTH TECHNOLOGY SERVICES will take all reasonable steps to confirm the User and/or User’s identity before providing details of its personal information. Please note that any such access request may be subject to payment of a legally allowable fee; |
| 3.15 | Correction of information. The User has the right to ask EDGE GROWTH TECHNOLOGY SERVICES to update, correct or delete its personal information. The User may do this by contacting EDGE GROWTH TECHNOLOGY SERVICES at the numbers/addresses provided below. EDGE GROWTH TECHNOLOGY SERVICES will take all reasonable steps to confirm the User’s identity before making changes to personal information we may hold about it; |
| 3.16 |
EDGE GROWTH TECHNOLOGY SERVICES’ POPI contacts. If the User has questions about this Policy, believes EDGE GROWTH TECHNOLOGY SERVICES has not adhered to it, needs further information about our privacy practices, wishes to give or withdraw consent, exercise preferences, access or correct personal information, please contact EDGE GROWTH TECHNOLOGY SERVICES at the following numbers/addresses: Name and surname of contact person: Jason Goldberg |
- Security
| 4.1 | EDGE GROWTH TECHNOLOGY SERVICES uses reasonable organisational, technical and administrative measures to protect personal information under its control. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. |
| 4.2 | If Users have reason to believe that the User’s interaction with EDGE GROWTH TECHNOLOGY SERVICES is no longer secure (for example, if Users feel that the security of any account Users might have with EDGE GROWTH TECHNOLOGY SERVICES has been compromised), please immediately notify EDGE GROWTH TECHNOLOGY SERVICES of the problem by contacting EDGE GROWTH TECHNOLOGY SERVICES in accordance with the “Contact Us” section. |
- Cookies
| 5.1 | The type of information collected by cookies is not used to personally identify Users. If Users do not want information collected through the use of cookies, there is a simple procedure in most browsers that allow Users to deny or accept the cookie feature. |
| 5.2 | Please note that cookies may be necessary to provide Users with certain features available on our Platform, and thus if Users disable the cookies on the User’s browser Users may not be able to use those features, and the User’s access to our Platform will therefore be limited. If Users do not disable “cookies”, Users are deemed to consent to our use of any personal information collected using those cookies. |
- Changes to the Privacy Policy
| 6.1 | EDGE GROWTH TECHNOLOGY SERVICES may, in its sole discretion, change any of the terms and conditions of this Privacy Policy at any time. It is the User’s responsibility to regularly check the Privacy Policy and make sure that Users are satisfied with the changes. Should a User not be satisfied, Users must not place any further orders on, or in any other way use, the Platform. |
| 6.2 | Any such change will only apply to the User’s use of this Platform after the change is displayed on the Platform. If Users use the Platform after such amended Privacy Policy, Users will be deemed to have accepted such changes. |
- Electronic communications
| 7.1 | When Users visit the Platform or send emails to EDGE GROWTH TECHNOLOGY SERVICES, Users consent to receiving communications from EDGE GROWTH TECHNOLOGY SERVICES or any of our Users electronically in accordance with our Privacy Policy. |
- 8.Governing law andjurisdiction
| 8.1 | This Privacy Policy and our relationship and/or any dispute arising from or in connection with the Privacy Policy will be governed and interpreted in accordance with the laws of the Republic of South Africa. |
| 8.2 | Your continued use of the Platform will constitute the User’s consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of the Privacy Policy. |
| 8.3 | In the event of any dispute arising between Users and EDGE GROWTH TECHNOLOGY SERVICES, Users hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Gauteng Division, Johannesburg) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court. |
| 8.4 | Nothing in this clause or the Privacy Policy limits the User’s right to approach any court, tribunal or forum of competent jurisdiction in terms of the Protection of Personal Information Act, 4 of 2013 or the Consumer Protection Act 68 of 2008. |
- 9. Notices
| 9.1 | EDGE GROWTH TECHNOLOGY SERVICES hereby selects the address as it reflects on its Platform from time to time, as its address for the service of all formal notices and legal processes in connection with the Privacy Policy (“legal address”). EDGE GROWTH TECHNOLOGY SERVICES may change this address from time to time by updating the Privacy Policy. |
| 9.2 | You hereby select the physical address specified with the User’s invoice as the User’s legal address, but Users may change it to any other physical address by giving EDGE GROWTH TECHNOLOGY SERVICES not less than 7 days’ notice in writing. |
| 9.3 | Notices must be sent either by hand, prepaid registered post or email. All notices sent – |
| 9.3.1 | by hand will be deemed to have been received on the date of delivery; |
| 9.3.2 | by prepaid registered post, will be deemed to have been received 10 days after the date of posting; |
| 9.3.3 | by email before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the email. Emails sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day. |
- 10. General
| 10.1 | Any failure on the part of Users or EDGE GROWTH TECHNOLOGY SERVICES to enforce any right in terms hereof will not constitute a waiver of that right. |
| 10.2 | If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect. |
| 10.3 | No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) will constitute a waiver by the grantor of any of the grantor’s rights and the grantor will not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future. |
| 10.4 | No other warranty or undertaking is valid, unless contained in this document between the parties. |
