Privacy Policy

FLEEK CONSULTING PROPRIETARY LIMITED

PRIVACY POLICY

  • INTRODUCTION
    • This Privacy Policy together with our website terms and conditions sets out the basis on which any Personal Information (as defined in paragraph 1 below) that we collect from you, or that you provide to us, will be used, stored and processed by us. Any capitalised terms used in this privacy policy that are not defined in this privacy policy shall have the meaning given to such terms in our website terms and condition.
    • We, Fleek Consulting Proprietary Limited, a company incorporated in accordance with the laws of the Republic of South Africa, with the registration number 2010/005927/07, and with the registered address at Battler House, 28 Roos Street, Fourways, Sandton, 2191 (“Fleek“, “we” or “us“) are the “responsible party” for purposes of applicable data protection legislation in respect of all your Personal Information that you submit to us via the website fleek.co.za, other related URLs, and/or any ancillary services including those using the “Fleek System” (“Website“) and/or that may be collected by us through any correspondence and/or communication with you. Please note paragraph 9 below as it deals with Personal Information you submit to third parties.
    • This Privacy Policy sets out the basis on which any Personal Information that we collect about you, or that you provide to us, will be used, stored and processed by us. Please read our Privacy Policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personal Information.
    • We provide access to a cloud based telephonic solutions to businesses (“Fleek System“). Fleek provides amongst further offerings data exchanges and automation office phone systems to clients (collectively, the “Services“).
    • By making use of and accessing our Website, you consent to your Personal Information being collected, used and disclosed in the manner set out in this Privacy Policy.
    • We recognize the importance of protecting your privacy in respect of Personal Information collected by us when you use the Website.
  • INFORMATION WE MAY COLLECT ABOUT YOU
    • When you use the Website, we may collect certain information that is not Personal Information such as your operating system, device type and make, browser type and internet service provider. This type of information does not identify you personally.
    • When you access the Website, we may also collect Personal Information that you provide to us. For purposes of this Privacy Policy, “Personal Information” shall mean any information of a personal nature by which you can be identified as an individual such as your name, postal address, email address, telephone number, home country, postal code, your fax number, gender, age, financial details and/or company name and VAT number.
    • We also may collect information including Personal Information in other ways including through carrying out demographic research.
    • In particular, we may collect and process the following information (which may include Personal Information) about you:
      • information that you provide to us and/or allow the Website to access;
      • information about your device software and hardware, including the unique internet mobile equipment identity (“IMEI“), number of your mobile telephone, the unique integrated circuit card identity (“ICCID“) number of your SIM cards in your device, your email address, personal internet protocol (“IP“) address, mobile phone number, date and time and country of your device;
      • your geographic location information based on your mobile network operator’s tower details, GPS (Global Positioning System) and/or WIFI communications network location;
      • information that we may ask you for if you report a problem with our Website;
      • details of your visits to our Website (including, but not limited to, traffic data, location data, weblogs and other communication data and the resources that you access;
      • information provided by you if you contact us, or if we contact you, and we may keep a record of that correspondence;
      • information collected through user satisfaction surveys that we may ask you to complete and that we use for research purposes, although you do not have to respond to them; and
      • your name, email address and country of residence if you would like to receive one of our newsletters or marketing materials.
    • The supply of your Personal Information is voluntary; however, you acknowledge that we cannot make certain services available to you on the Website if you do not wish to supply such Personal Information.
    • We may use third-party companies to monitor website traffic, which may, in some instances, store your information, including the Personal Information you submit to such third parties.
    • By continuing to use the Website, you consent to the processing, collection, storage, retention and use of the Personal Information you provide for the purposes set out in this Privacy Policy, and you consent to our collection of any changes or updates that you may provide to any information that is collected by us. If you do not agree to the Privacy Policy, please do not use the Website.
    • Where you provide us with Personal Information relating to a third-party data subject (for example, your customers and/or clients), you warrant that you have obtained all necessary consents from such data subject, including the data subject’s consent for you to share such Personal Information with Fleek to process. We shall protect, store and process this Personal Information in the same manner and equal level of security as Personal Information about you.
  • HOW YOUR INFORMATION IS USED
    • We may use the information, including the Personal Information we hold about you for the following purposes –
      • to verify and keep a record of your identity;
      • to ensure that content from our Website is presented in the most effective manner for you and for your computer and/or mobile device;
      • to monitor and analyse the conduct on the Website to ensure compliance with laws, reduce the likelihood of fraud and other risk-prevention purposes;
      • in aggregate form, for internal business purposes such as generating statistics and developing our strategic and marketing plans;
      • to provide you with information on our Website that you request from us and/or to contact you about products and services that you request from us or to market our products and services which we feel may interest you, where you have consented to be contacted for such purposes;
      • to carry out statistical and marketing research and for forecasting;
      • to allow you to participate in interactive features of our Website, when you choose to do so;
      • to carry out any contracts that may form between us;
      • to generate reports and conduct statistical analysis about the calls you make using the Fleek System;
      • to respond to any queries, you make;
      • to notify you about changes to our Website and/or Services; and
      • to improve the Services, we offer – for example you may be asked to complete one of our online or telephonic surveys.
    • We may use information provided by you to –
      • enforce agreements and terms and conditions between us, monitor user activity, and more effectively manage traffic on the Website;
      • provide customer services; and
      • assist you with technical difficulties.
    • We will only use your Personal Information for the purposes set out above, in accordance with our Website, as instructed by you and otherwise in accordance with this Privacy Policy, or where we are required or authorised by law to disclose your information to others, or have your permission to do so.
  • DISCLOSURES
    • We will not use your Personal Information for any purpose (other than as stated in paragraph 3 above) without your express consent. We will not use or disclose your Personal Information to third parties without your consent, unless the use or disclosure is –
      • required in order to comply with applicable law, order of court or legal process served on Fleek; and/or
      • disclosure is necessary to protect and defend the rights or property of Fleek.
    • We will be entitled to disclose your Personal Information to our affiliates, agents, advisors, employees and/or third-party service providers and suppliers (including payment providers) who assist us to interact with you via our Website, mobile communications and/or email, and thus need to know your Personal Information in order to assist us and to communicate with you properly and efficiently. We will ensure that all such employees and/or third-party service providers having access to your Personal Information are bound by appropriate and legally binding confidentiality and non-use obligations in relation to your Personal Information.
    • We may also provide information to third party service providers who process information on our behalf to help run some of our internal business operations including email distribution, IT services and customer services.
    • Your information may be shared with organizations including companies within our group located in other countries around the world. We only make arrangements to transfer data overseas where we are satisfied that adequate levels of protection are in place to protect any information held in that country or that the service provider acts at all times in compliance with applicable privacy laws.  Where required under applicable laws we will take measures to ensure that Personal Information handled in other countries will receive at least the same level of protection as it is given in this Privacy Policy.
    • You understand that we may disclose or share Personal Information with third parties as outlined above to operate the Website and render our Services. If you are concerned about these arrangements, you should not use the Website.
    • On rare occasions, we may be required to disclose your Personal Information due to legal or regulatory requirements. In such instances, we reserve the right to disclose your Personal Information as required in order to comply with our legal obligations, including but not limited to complying with court orders, warrants, subpoenas, service of process requirements or discovery requests.
    • We may also disclose information about our users to law enforcement officers or others, in the good faith belief that such disclosure is reasonably necessary to enforce this Privacy Policy, respond to claims that any content violates the rights of third-parties; or protect the rights, property, or our personal safety or the personal safety of our employees, clients or the general public.
  • COMMUNICATIONS FROM US
    • Where you have indicated that you would like to receive newsletter(s) from us, we may send email alerts and bulletins to inform you about our products and services.
  • PROTECTION OF YOUR PERSONAL INFORMATION
    • We recognize that protecting your privacy is important to you. For this reason, we are committed to protecting the Personal Information you provide in a variety of ways.
    • We will –
      • treat your Personal Information as strictly confidential;
      • take appropriate technical and organizational measures to ensure that your Personal Information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
      • where legally required to promptly notify you if we become aware of any unauthorised use, disclosure or processing of your Personal Information;
      • provide you with reasonable evidence of our compliance with our obligations under this Privacy Policy on reasonable notice and request; and
      • upon your request, promptly return or destroy any and all of your Personal Information in our possession or control.
    • We will not retain your Personal Information longer than the period for which it was originally required, unless we are required by law to do so, or you consent to us retaining such information for a longer period. Where your information is no longer required, we will ensure it is disposed of in a secure manner and, where required by applicable law we will notify you when such information has been disposed of.
  • STORAGE AND SECURITY OF YOUR PERSONAL INFORMATION
    • We will do our best to protect your Personal Information, and we will use technology that will help us to do this, however, the transmission of information via the Internet is not completely secure and we cannot guarantee the security of your information transmitted to our Website. Any transmission of your information on the Website is entirely at your own risk.  Once your information is received by the Website, we and/or our third party service providers shall use strict procedures and security features to try and prevent unauthorised access.
    • We may, from time to time, transfer, store or host your Personal Information on servers outside of South Africa. We will at all times ensure that appropriate security safeguards are in place to secure and protect such Personal Information held in another country or that the service provider acts at all times in compliance with applicable privacy laws. Where required under applicable laws we will take measures to ensure that Personal Information handled in other countries will receive at least the same level of protection as it is given in this Privacy Policy.
    • You hereby consent to the transfer, storage or hosting of your Personal Information on servers outside of South Africa. We will at all times ensure that appropriate security safeguards are in place to secure and protect such Personal Information and take measures to ensure that Personal Information handled will receive at least the level of protection as required by all applicable laws.
  • COOKIES AND OTHER INFORMATION
    • We may collect information about your computer, including where available, your operating system, browser type, third-party software installed on your device, installation and uninstallation rates, the language of your device and computers manufacturer, screen size and model of the device and any other technical information for system administration and to report aggregate information to our advertisers.
    • This is statistical data about our users’ browsing actions and patterns and does not identify any individual.
    • We may use cookies to manage our users’ sessions and to store preferences, tracking information, and language selection. “Cookies” are small text files transferred by a web server to your hard drive and thereafter stored on your computer. The types of information a Cookie collects include the date and time you visited the Website, your browsing history, your preferences, and your username.
    • In some instances, our third-party service providers may use Cookies on the Website. We cannot control, or access Cookies used by third-party service providers. This Privacy Policy covers only Cookies used by us, and not any Cookies used by third parties.
    • Cookies enable us to –
      • estimate our Website’s audience size and usage pattern;
      • store information about your preferences, which allows us to customize the Website according to your individual interests;
      • speed up your searches; and
      • recognize you when you return to the Website.
    • You have the ability to either accept or decline the use of Cookies on your computer, whether you are registered with us or not. Typically, you can configure your browser to not accept Cookies. However, declining the use of Cookies may limit your access to certain features of the Website. For example, you may have difficulty using certain interactive features of the Website.
  • THIRD PARTIES
    • We may use third-party service providers to monitor our users’ interests. In addition, the Website may occasionally contain links to third-party websites. If you click on the links to third-party websites, you leave the Website.
    • We are not responsible for the content of these third-party websites or for the security of your Personal Information when you use the third-party websites. These third-party service providers and third-party websites may have their own privacy policies governing the storage and retention of your Personal Information that you may be subject to. They may also collect information that is not Personal Information such as your browser specification, or operating system.
    • This Privacy Policy does not govern Personal Information provided to, stored on, or used by these third-party providers and third-party websites. We recommend that when you enter a third party’s website, you review its privacy policy as it relates to how such third parties collect, process, store and protect your Personal Information.
    • You agree that we are not liable for any of the following –
      • the content, security, operation, use, accuracy or completeness of any such third-party websites; or the products or services that may be offered or obtained through them; or the accuracy, completeness, or reliability of any information obtained from a third-party website;
      • the ownership or right of use of any licensor of any software provided through any third-party website;
      • any content featured on a third-party website that are accessed through the links found on the Website;
      • any failure or problem that affects the products or services of a third-party website, for example any telecommunication service provider, internet service provider, electricity supplier, local or other authority.
    • ACCESS RIGHTS
      • In some jurisdictions you may have the right to request copies of your Personal Information which is within our custody and control together with details about how we use that information. If you think any of the Personal Information we hold about you is inaccurate, you may also request us to correct it.  You may also have a right, in certain circumstances, to require us to stop processing your Personal Information.
      • In relation to all of these rights, please email or write to us at the address set out in paragraph 4 below. Please note that we may, where permitted under applicable law, charge a small administrative fee and/or request proof of identity.  We will respond to your requests within all applicable timeframes.
      • In certain circumstances (for example where required or permitted by law) we might not be able to provide you with access to some of your Personal Information, but where appropriate we will notify you of the reasons for this.
      • You may request access to the Personal Information that we collect about you by sending an email to us at support@fleek.co.za. You also have the right to lodge a complaint with the Information Regulator, if you think we are in breach of any applicable data protection legislation.
    • GENERAL
      • You warrant that all information (including Personal Information) that you provide to us is accurate, truthful and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything. Failure to adhere to this requirement will entitle Fleek, among other things, to terminate your use of the Website.
      • You acknowledge that we may verify your identity and your Personal Information through an automated email verification process and/or with third party service providers.
      • You may request access to the Personal Information which we collect from you, including to rectify the information, or object to its processing by sending an email to us at support@fleek.co.za.
      • You may access, remove, review, and/or make changes to Personal Information that you have provided to us. We may also send you any legally required notifications and certain notifications, including but not limited to, service related notices or notices regarding a change to any of our policies.  For example, we may send you a notice regarding server problems or scheduled maintenance to the Website.  You can opt out of receiving these notifications or any other email communications from us by emailing us at support@fleek.co.za.
      • If this Privacy Policy or any provision in this Privacy Policy is regulated by or subject to the Protection of Personal Information Act, No. 4 of 2013 (“POPI“) or other data protection legislation it is not intended that any provision of this Privacy Policy contravenes any provision of POPI or other data protection legislation. Therefore, all provisions of this Privacy Policy must be treated as being qualified, to the extent necessary, to ensure that the provisions of POPI or other data protection legislation are complied with.
    • CHANGES TO OUR PRIVACY POLICY

We reserve the right to change this Privacy Policy from time to time, and in our sole discretion.  We may send you a notice regarding material changes to this Privacy Policy, but we encourage you to frequently check this Privacy Policy for any changes.  Your continued use of the Website after any change in this Privacy Policy will constitute your acceptance of such changes.

  • CHILDREN

The site is not intended for children and we do not knowingly or intend to collect Personal Information of children. If you are under the age do not use our Website without the consent of your legal guardian.

  • HOW TO CONTACT US

Any questions, comments and requests you may have regarding this Privacy Policy are welcomed.  If you have any questions, comments and requests about this Privacy Policy, please contact us at support@fleek.co.za with “Privacy Policy” in the subject line.

This privacy policy was last updated on 16 April 2019.