Last Updated: 06 October 2019
Psybergate Proprietary Limited (“Psybergate”, “us”, “we”, “our”) has obtained the necessary rights in and to the Solutions to make the Solutions available to you, and the Solutions may be accessed from anywhere in the world. For data protection purposes, Psybergate is the controller and, unless otherwise noted, is also the processor of data. You consent to any of your personal information collected by us being retained indefinitely, and agree that it may be stored, processed, accessed, and used in jurisdictions whose privacy laws may be different and less protective than those of your home jurisdiction.
Your privacy is important to us, so we’ll strive to protect the information you share with us. To protect your privacy, we follow certain basic principles in accordance with global best practices relating to customer privacy and data protection. Except to the extent provided for in this policy, we won’t sell or give away your name, e-mail address, phone number, billing address, credit card number or any other personal information to anyone without your express consent and we’ll use industry-standard security measures to protect your information from unauthorised users.
Collection of Your Personal Information
When you access and/or use the Solutions, certain kinds of information may be collected automatically as part of the Solutions’ operation. We may combine this information with personal information that you provide. You may always choose not to provide personal information, but, if you so choose, certain products and services may not be available to you.
Personal information (i.e., any information by which you can be identified and which relates to you as an identifiable individual, such as your name, e-mail address, sex, age, etc.) may be collected when you access and/or use the Solutions. If applicable, additional personal information (e.g., your credit card details and billing address) may be collected when you order from us, to process transactions or to provide you with products or services.
You warrant that: (i) any personal information that you provide to us through the Solutions or otherwise shall be and remain complete, accurate and correct, (ii) you will keep us informed of any changes in such personal information, and (iii) you will provide us with any reasonable assistance that we may require in order to enable us to comply with our obligations under applicable privacy laws, and you indemnify us against and hold us harmless from any claim, damages, penalty or fine as a result of a breach of any of these warranties.
Use of Your Personal Information
We collect and use your personal information to operate and improve the Solutions to provide the services and information you select, to better understand our customers, to provide better products and services, and to assist us with support and maintenance, such as with troubleshooting any problems, detecting fraud, resolving disputes, and for any purposes deemed necessary or required by Psybergate to enforce any terms or conditions applicable to the Solutions.
We may also use your contact information to enable us to communicate with you. We may send transaction-related communications such as welcome letters, billing reminders, and purchase confirmations. We may also send you newsletters or marketing communications to inform you of new products or services or other information that may be of interest. If you do not wish to receive marketing communications, you should follow the “unsubscribe” instructions included within each communication. Please keep in mind that, if you choose not to receive marketing communications, you will continue to receive account communications, where applicable.
Personal information collected by us may be stored and processed in South Africa or any other country in which we or our service providers or agents maintain facilities, and by using the Solutions, you consent to any such transfer of information outside of your country.
Notice to European Users
If you would like to exercise any of your data protection rights (including the right to have your personal information deleted), please contact us using the “Contact Information” section below.
Sharing of Your Personal Information
You expressly consent to us sharing your personal information with service providers who perform services on our behalf. Specifically, we may hire other companies or persons to handle the processing of payments, to provide data storage, to host Web sites, to assist in direct marketing, to conduct audits, etc. Those companies or persons will be permitted to obtain only the personal information they need to provide the service. They are required to maintain the confidentiality of the information and are prohibited from using it for any other purpose.
We reserve the right to disclose your personal information, without notice, if required to do so by law, or in the good-faith belief that such action is reasonably necessary to comply with legal process, respond to claims, or protect the rights, property or safety of our company, employees, users, or the public.
Security of Your Personal Information
Whilst we cannot guarantee the absolute security of your personal information, we take all commercially reasonable measures and precautions to keep it secure and protect it from loss, misuse, unauthorised access or disclosure by following generally accepted security practices, including the use of encryption and logical and physical access control mechanisms, as well as taking reasonable steps to identify all reasonably foreseeable internal and external risks to the personal information in our possession or under our control, establishing and maintaining appropriate safeguards against the risks identified, regularly verifying that the safeguards are effectively implemented, and ensuring that the safeguards are continually updated in response to new risks or deficiencies in previously implemented safeguards. However, we cannot accept any liability whatsoever for any unauthorised access or loss of personal information despite our best endeavours.
Personal Information Preferences
We respect your right to make choices about the use and disclosure of your personal information. If at any time you decide that you do not want to receive marketing communications from us, please let us know by sending an e-mail to firstname.lastname@example.org.
If you choose not to receive marketing communications, please be advised that you may continue to receive account communications, where applicable.
Access to Your Personal Information
You can write to Psybergate at any time to obtain details of the personal information we may hold about you at the following address:
Data Protection Manager
Psybergate Proprietary Limited
6 Floor, Building D
Sunnyside Office Park
32 Princess of Wales Terrace
Please quote your name and address and a brief description of the information you want a copy of to enable us more readily to locate your data. We will take all reasonable steps to confirm your identity before providing you with details of any personal information we may hold about you. We may charge a fee to cover the reasonable administration costs involved.
You can accept or decline cookies. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, you may not be able to sign in or use other features of the Solutions that depend on cookies.
In addition to cookies, we may use other technologies, including single-pixel images in respect of the Solutions and in promotional e-mail messages or newsletters. These tiny electronic images assist us in determining how many users have visited certain pages or opened messages or newsletters. We do not use these images to collect personal information.
Registration Data and Account Credentials
During the registration process, you may be required to provide your identifying particulars and contact information and select a password. It is your responsibility to maintain the confidentiality and security of your account credentials, including your password. Allowing others to access and use your account and password can compromise the security of your information. We disclaim any responsibility or obligation for your decision to provide your account credentials to others. Access by means of such credentials will always be deemed made by you, and you will be responsible for any such access.
The Solutions may enable you to access and use interactive areas or services, including, without limitation, live interaction and/or support services, blogs, discussion forums, chat rooms, bulletin boards, message boards, online hosting or other areas or services in which you or third parties create post or store any information, content, messages, comments, materials or other items through the Solutions (“Interactive Areas”).
From time to time, we may make surveys available to users of the Solutions. Participation in those surveys is voluntary. Some surveys may ask participants for personal information, such as an e-mail address, in addition to requesting answers to survey questions. We may use that personal information to contact the participant if necessary, or as otherwise described above. We may make the results of any survey publicly available, although we will not attribute any particular response to you without your permission.
We do not intend to offer services to or solicit or collect personal information from anyone under the age of 18. If you are under 18 (or the age of majority in your country), you should not access or use the Solutions or provide information through the Solutions, including, without limitation, any Interactive Areas.
Psybergate does not exclude (i) liability for damage to any property or death or personal injury caused by the negligence or wilful misconduct of Psybergate, its employees or authorised representatives or (ii) liability for fraud.
Applicable Law and Jurisdiction