Privacy Policy
Last Updated: 2024-12-19
This Privacy Policy explains how Phakama Digital Pty Ltd. ("we," "us," or "our") collects, uses, discloses, and protects your personal information in compliance with South Africa's Protection of Personal Information Act, 2013 (POPIA).
1. Responsible Party
Company Name: Phakama Digital Pty Ltd.
Information Officer: Arnold Mutasa
Contact Email: arnold@phakama.digital
For any questions, concerns, or requests regarding your personal information, please contact our Information Officer at the email address above.
2. What Personal Information We Collect
We collect the following categories of personal information:
2.1 Account Information
- Name, email address, and contact details
- Business information (company name, industry, address)
- Profile information and preferences
- Authentication credentials (encrypted passwords)
2.2 Platform Usage Information
- Campaign data (budgets, targets, content requirements)
- Influencer profiles and social media information
- Engagement and collaboration data
- Communication records within the platform
2.3 Technical Information
- IP addresses and device identifiers
- Browser type and version
- Operating system information
- Usage logs and analytics data
- Cookies and similar tracking technologies
2.4 Financial Information
- Payment and billing information (processed by third-party payment processors)
- Subscription and transaction history
- Tax information where required
3. How We Collect Personal Information
We collect personal information through:
- Direct Collection: Information you provide when registering, creating profiles, or using our services
- Automated Collection: Technical data collected automatically when you use our platform
- Third-Party Sources: Information from social media platforms (with your consent) and payment processors
- Public Sources: Publicly available information about influencers and brands
4. Purpose of Processing (Lawful Basis)
We process your personal information for the following purposes, in accordance with POPIA:
4.1 Contractual Necessity
- To provide and maintain our influencer marketing platform
- To facilitate connections between brands, agencies, and influencers
- To process payments and manage subscriptions
- To deliver campaign management and analytics services
4.2 Legitimate Interests
- To improve and optimize our platform and services
- To prevent fraud and ensure platform security
- To analyze usage patterns and user behavior
- To provide customer support and respond to inquiries
4.3 Legal Obligations
- To comply with applicable laws and regulations
- To respond to legal requests and court orders
- To maintain records as required by law
4.4 Consent
- To send marketing communications (where you have opted in)
- To use cookies and tracking technologies (where consent is required)
- To share information with third parties for specific purposes (with explicit consent)
5. How We Use Your Personal Information
We use your personal information to:
- Create and manage your account and profile
- Match brands with suitable influencers using AI-powered algorithms
- Facilitate campaign creation, management, and tracking
- Process payments and manage subscriptions
- Provide customer support and respond to your requests
- Send service-related notifications and updates
- Detect and prevent fraud, abuse, and security threats
- Analyze platform usage to improve our services
- Comply with legal obligations and enforce our terms
6. Sharing and Disclosure of Personal Information
We may share your personal information with:
6.1 Service Providers
Third-party service providers who assist us in operating our platform:
- Cloud hosting and infrastructure providers
- Payment processors and financial service providers
- Email and communication service providers
- Analytics and monitoring service providers
- Customer support platforms
These providers are contractually obligated to protect your information and use it only for specified purposes.
6.2 Platform Users
- Brands may view influencer profiles and campaign participation data
- Influencers may view brand profiles and campaign details
- Information shared is limited to what is necessary for platform functionality
6.3 Legal Requirements
We may disclose personal information when required by law, including:
- In response to court orders, subpoenas, or legal processes
- To comply with applicable laws and regulations
- To protect our rights, property, or safety, or that of our users
- To investigate potential violations of our terms of service
6.4 Business Transfers
In the event of a merger, acquisition, or sale of assets, personal information may be transferred to the acquiring entity, subject to the same privacy protections.
7. Cross-Border Transfers
Your personal information may be transferred to and processed in countries outside of South Africa. When we transfer personal information across borders, we ensure that:
- The recipient country has adequate data protection laws, or
- We have appropriate safeguards in place (such as standard contractual clauses)
- You have provided explicit consent to such transfers, or
- The transfer is necessary for the performance of a contract
By using our platform, you consent to the transfer of your personal information to countries outside South Africa, subject to the safeguards described above.
8. Data Security
We implement appropriate technical and organizational measures to protect your personal information against unauthorized access, alteration, disclosure, or destruction:
- Encryption of data in transit and at rest
- Regular security assessments and vulnerability testing
- Access controls and authentication mechanisms
- Employee training on data protection
- Incident response procedures
However, no method of transmission over the internet or electronic storage is 100% secure. While we strive to protect your personal information, we cannot guarantee absolute security.
9. Data Retention
We retain your personal information only for as long as necessary to fulfill the purposes outlined in this policy, unless a longer retention period is required or permitted by law:
- Active Accounts: For the duration of your account and subscription
- Inactive Accounts: Up to 2 years after account closure, unless deletion is requested earlier
- Financial Records: As required by tax and accounting laws (typically 5-7 years)
- Legal Requirements: As required by applicable laws or court orders
You may request deletion of your personal information at any time, subject to legal and contractual obligations. See our Data Deletion Request page for more information.
10. Your Rights Under POPIA
As a data subject under POPIA, you have the following rights:
10.1 Right of Access
You have the right to request access to the personal information we hold about you, including information about the source of the data and the purpose of processing.
10.2 Right to Correction
You have the right to request correction of inaccurate, incomplete, or outdated personal information. You can update most information directly through your account settings.
10.3 Right to Deletion
You have the right to request deletion of your personal information, subject to legal and contractual obligations. See our Data Deletion Request page for details.
10.4 Right to Object
You have the right to object to the processing of your personal information for direct marketing purposes or where processing is based on legitimate interests.
10.5 Right to Restrict Processing
You have the right to request restriction of processing in certain circumstances, such as when you contest the accuracy of the data.
10.6 Right to Data Portability
You have the right to receive your personal information in a structured, commonly used, and machine-readable format, where technically feasible.
10.7 Right to Withdraw Consent
Where processing is based on consent, you have the right to withdraw your consent at any time. Withdrawal of consent does not affect the lawfulness of processing before withdrawal.
To Exercise Your Rights:
Please contact our Information Officer at arnold@phakama.digital. We will respond to your request within a reasonable time, not exceeding 30 days as required by POPIA.
11. Cookies and Tracking Technologies
We use cookies and similar tracking technologies to collect information about your use of our platform. Cookies are small text files stored on your device that help us:
- Remember your preferences and settings
- Authenticate your identity
- Analyze platform usage and performance
- Provide personalized content and features
You can control cookies through your browser settings. However, disabling cookies may limit your ability to use certain features of our platform.
12. Children's Privacy
Our platform is not intended for individuals under the age of 18. We do not knowingly collect personal information from children. If you believe we have collected information from a child, please contact us immediately, and we will take steps to delete such information.
13. Changes to This Privacy Policy
We may update this Privacy Policy from time to time to reflect changes in our practices, technology, legal requirements, or other factors. We will notify you of material changes by:
- Posting the updated policy on our website with a new "Last Updated" date
- Sending an email notification to registered users
- Displaying a prominent notice on our platform
Your continued use of our platform after such changes constitutes acceptance of the updated Privacy Policy.
14. Complaints and Regulatory Authority
If you believe we have not adequately addressed your privacy concerns, you have the right to lodge a complaint with the Information Regulator of South Africa:
Information Regulator of South Africa
Website: https://www.justice.gov.za/inforeg/
Phone: +27 (0) 12 406 4818
Email: inforeg@justice.gov.za
We encourage you to contact us first at arnold@phakama.digital to resolve any concerns before lodging a complaint with the regulator.
15. Contact Us
If you have any questions, concerns, or requests regarding this Privacy Policy or our data practices, please contact our Information Officer:
For data deletion requests, please visit our Data Deletion Request page.
This Privacy Policy is governed by the laws of South Africa and complies with the Protection of Personal Information Act, 2013 (POPIA).