1. PRIVACY STATEMENT
1.1. Your privacy is very important to Kutana Capital (Pty) Ltd (“Kutana”). Kutana has developed this statement to help you to understand how we collect, communicate and use any personal information that you submit to us. For purposes of this statement, “personal information” shall be defined as detailed in the Protection of Personal Information Act 4 of 2013 (“POPI”).
2. PERSONAL INFORMATION WE COLLECT
2.1. Kutana collects and process your personal information mainly to provide services and products to you.
2.2. The type of personal information we collect will depend on the purpose for which it is collected and used, the specific purpose for which the information is collected will be apparent from the context in which the information is requested.
2.3. We collect information directly from you, for example when we enter into an agreement with you for disclosure of information about a certain transaction, goods and services, we ask for certain information in the form of name and surname, identity or passport number, telephone or cellular number, postal or physical address, title, email address.
2.4. We may collect information from the use of our services, for example non-personal browsing habits and click patterns, e-mail address, IP address, telephone date information or username and password.
2.5. Where possible, we will inform you what information is voluntary or mandatory for you to provide to us and the consequences for failing to provide the requested information.
2.6. We will only retain your personal information as long as necessary for the fulfilment of those purposes as have been identified by us.
3. HOW WE USE YOUR INFORMATION
3.1. Kutana processes the abovementioned personal information only for the purposes which it was collected, as authorised by law or as agreed with you, for example:
3.1.1. To draft agreements
3.1.2. To create user accounts
3.1.3. To communicate Company Policy Information
3.1.4. To enforce policies, terms and conditions
3.1.5. To track and monitor website usage
3.1.6. To service customers
3.1.7. To fill, manage sales orders and support requests
4. DISCLOSURE OF INFORMATION
4.1. Kutana may disclose your personal information to third parties (for example, our investee companies, advisors, banks and lawyers) on the following basis:
4.1.1. Where we have your consent; or
4.1.2. Where we are required to do so by law; or
4.1.3. To our investee companies who are involved in selling of products and services to you, where we have agreements in place to ensure that they comply with these privacy terms.
4.2. We may compile, use and share any information that does not relate to any specific individual and retains all rights to non-personal statistical information collected and compiled by us.
5. TRANSFER OF INFORMATION
5.1. We may need to transfer your personal information to another country for processing or storage. We will ensure that anyone to whom we pass your personal information agrees to treat your information with similar protection as provided for in South African laws.
5.2. We may transfer your information to other countries which do not have similar protection as provided for in South Africa laws, with your consent.
5. INFORMATION SECURITY
5.1. Kutana shall take all reasonable steps to secure the content of the Kutana website and the information provided by and collected from users from a wide variety of security breaches such as unauthorised access and/or disclosure, etc. However, Kutana does not make any warranties or representations that content shall be 100% safe or secure, but Kutana will have applied all necessary due care and diligence towards preserving the security of information.
5.2. Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, robots or spyware, to the Kutana website or the server and computer network that support the Kutana website.
5.3. Notwithstanding criminal prosecution, any person who delivers or attempts to deliver any damaging code to the Kutana website, whether on purpose or negligently, shall, without any limitation, indemnify and hold Kutana harmless against any and all
liabilities, damages, risks and losses that Kutana and its partners/affiliates may suffer as a result of such delivery, attempt or damaging code.
5.4. Users may not develop, distribute or use any device or program to breach or overcome the security measures of the restricted pages, products and services on the Kutana website. Kutana reserves the right to claim damages from any and all persons involved, directly and indirectly, in the development, use and distribution of such devices or programs.
5.5. Users who commit any of the offences detailed in section 85 to 88 of the ECT Act – shall, notwithstanding criminal prosecution, be liable for all resulting liabilities, losses, destruction or damages suffered and/or incurred by Kutana and its partners/affiliates due to or related to these illegal actions.
6. ACCESS TO YOUR PERSONAL INFORMATION
6.1. You may correct any of your personal information that we hold by sending an email to firstname.lastname@example.org
7. CHANGES TO THE STATEMENT
7.1. Kutana reserves the right to amend this privacy statement at any time, without prior notice, by posting amended statement on our website.