1.   INTRODUCTION

1.1   This privacy policy sets out the basis on which any Personal Information (as defined in paragraph 2 below) that we collect from you, or that you provide to us, will be used, stored and processed by us.

1.2   We, Kaleidoscope International (Pty) Ltd, a company incorporated in accordance with the laws of the Republic of South Africa, with registration number 1981/006861/07, with registered address at 1 Hiddingh Avenue, Gardens, Cape Town 8001 (“Kaleidoscope“) are the “responsible party” for purposes of applicable data protection legislation in respect of all Personal Information you submit to us via the website www.kscope.co.za (“Website“) and/or in any correspondence and/or communication with us. Please see paragraph 5 below as it deals with Personal Information you submit to third parties.

1.3   We provide a collection of online resources which include payment automation, reconciliation, real-time reporting, regulatory compliance, training and support, risk management (collectively, the “Services“) on the Website.

1.4   We recognize the importance of protecting your privacy in respect of Personal Information collected by us when you use the Website.

2.  INFORMATION WE MAY COLLECT FROM YOU

2.1  When you visit the Website, we may collect certain information that is not Personal Information such as your Internet Protocol (“IP”) address (see paragraph 1 below), operating system, browser type, and Internet service provider. This type of information does not identify you personally.

2.2  When you register on 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.

2.3  information that you provide by filling in forms on the Website. This includes information provided at the time of registering to use the Website, subscribing to our Services (which may include financial information), posting material or requesting further services;

2.4  information that we may ask you for if you enter any competition or promotion featured on our Website or if you report a problem with our Website and/or our Services;

2.5  if you contact us, we may keep a record of that correspondence;

2.6  we may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them;

2.7  details of transactions you carry out through our Website and of the fulfilment of any contract you enter into with us; and

2.8  details of your visits to our Website (including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise) and the resources that you access.

2.9  We may also collect information (which may include Personal Information) that our users provide, such as new or deleted postings, new or deleted comments, keyword searches, scam reports and new contact sellers.

2.10  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.

2.11  We use a third-party credit card processing company for purchases, and other 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.

2.12  By continuing to use this Website or the Service, you consent to processing, collection, storage, and use of the Personal Information you provide for any of the Services that we offer and 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 you provide that is collected by us. If you do not agree to the Privacy Policy, please do not use the Website.

2.13  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 Kaleidoscope to process on your behalf.

3.  HOW YOUR INFORMATION IS USED AND DISCLOSED

3.1  We may use the information, including the Personal Information we hold about you for the following purposes:

3.1.1   to ensure that content from our Website is presented in the most effective manner for you and for your computer;

3.1.2   in aggregate form, for internal business purposes such as generating statistics and developing our strategic and marketing plans;

3.1.3   to provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes;

3.1.4   to allow you to participate in interactive features of our Services, when you choose to do so;

3.1.5   to carry out any contracts that may form between us;

3.1.6   to respond to any queries, you make; and

3.1.7   to notify you about changes to our Service;

3.1.8   to notify you of amounts payable for security, administrative or legal purposes, for helping us in any future dealings with you.

3.2   We may use information provided by you to:

3.2.1   enforce our Terms of Use, monitor user activity, such as keyword searches or new postings, and more effectively manage traffic on the Website;

3.2.2   provide customer services, create and manage user accounts; and

3.2.3   assist you with technical difficulties. Also, we may share with third-party service providers certain information, such as your browser capabilities or operating system, that we have collected in order to better understand which advertisements and services may interest you.

3.3   We will not use your Personal Information for any purpose (other than as stated 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 as intended on our website terms and conditions.

3.3.1   required in order to comply with applicable law, order of court or legal process served on Kaleidoscope; and/or

3.3.2   disclosure is necessary to protect and defend the rights or property of Kaleidoscope.

3.4   We will be entitled to disclose your Personal Information to those of 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 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.

3.5   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.

3.6   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 our terms of use and/or 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 users or the general public.

4.  PROTECTION OF YOUR PERSONAL INFORMATION

4.1   You are a valued customer, and 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.

4.2   We will:

4.2.1   treat your Personal Information as strictly confidential;

4.2.2   take appropriate technical and organisational 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;

4.2.3   promptly notify you if we become aware of any unauthorised use, disclosure or processing of your Personal Information;

4.2.4   provide you with reasonable evidence of our compliance with our obligations under this Privacy Policy on reasonable notice and request; and

4.2.5   upon your request, promptly return or destroy any and all of your Personal Information in our possession or control.

4.3   We will not retain your Personal Information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.

5.  STORAGE AND SECURITY OF YOUR PERSONAL INFORMATION

5.1   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…