Privacy Policy

1. BSharp Commercial (Pty) Ltd. ("BSharp," "we," "us," or "our") is committed to protecting your privacy and ensuring that your Personal Data is collected, processed, and stored in compliance with the Protection of Personal Data Act (POPIA) and other applicable South African data protection laws. This Privacy Policy explains how we collect, use, disclose, and protect your personal data when you use our services.
2. It is important that you read this Privacy Policy together with any other privacy policy or fair processing notice we may provide on specific occasions when we are collecting or processing Personal Data about you, so that you are fully aware of how and why we are using your Personal Data. This Privacy Policy supplements the other notices and is not intended to override them.
3. We do not process the data of minors. Do not provide us with any such personal data, as it will constitute an immediate and automatic material breach of this Privacy Policy and our Terms. We process limited special categories of Personal Data for the purpose of providing our Platform services to clients and only process special categories of Personal Data on instruction from a client.

1. In this Privacy Policy, unless the context indicates a contrary intention, the following words and expressions bear the meanings assigned to them and cognate expressions bear corresponding meanings:
   1. “Account” - means a User opening an account with the BSharp via the Platform;
   2. “Account Administrator” - means either User and/or one or more individuals;
   3. “Platform” - means the BSharp Compliance Management Platform available at https://www.bsharpapp.co.za/;
   4. “Personal Data” - means any information relating to individuals and juristic entities as defined in POPIA;
   5. “Privacy Policy” - means this policy and any ancillary policies hereto;

1. In this Privacy Policy:
   1. clause headings and the heading of the Privacy Policy are for convenience only and are not to be used in its interpretation;
   2. an expression which denotes –
      1. any gender includes the other genders;
      2. a natural Person includes a juristic Person and vice versa;
      3. the singular includes the plural and vice versa; and
      4. a reference to a consecutive series of two or more clauses is deemed to be inclusive of both the first and last-mentioned clauses.

1. Personal Data, or personally identifiable information, means any information about an individual, both natural and juristic entities (people and companies), from which that entity can be identified. It does not include information where the identity has been removed (anonymous data).
2. In most cases, we will collect Personal Data directly from you. However, we may also combine Personal Data collected from one source with Personal Data that we have collected from other sources, such as when you connect a third-party account or service.
3. We may collect the following categories of Personal Data:
   1. Personal data in connection with the use of our services. This may include name, email address, other contact details, business information, shipping address, billing address, marketing preferences, account information (username), and other information provided as part of a user profile.
   2. Transaction information. We collect Personal Data when you transact with us. This may include biographical information, contact information, telephone number, and payment and invoicing information.
   3. Correspondence and interactions with us. We collect Personal Data where you contact us or we contact you. This may include your name and contact information, account information, your order information, your queries, and other Personal Data you choose to provide to us. We also collect Personal Data provided to us through a testimonial, feedback, review or comment.
   4. Social media information. We collect Personal Data when you interact with us on social media. These social media platforms may set cookies and other tracking technologies on your device when you visit their pages. The output of such information may be provided to us (usually for statistical purposes to see how users interact with our content on social medial platforms). Information about how these platforms process your Personal Data can usually be found on their websites.
   5. Survey and contest/sweepstake information. We collect Personal Data where you complete surveys that we may use for research purposes, and where you choose to enter into contests/sweepstakes that we run. This may include your name and contact information and other Personal Data you choose to provide us.
   6. Information stored on a device. We may access metadata and information associated with other files stored on your device such as IP address, domain name, browser version and operating system, traffic data, web logs and other communication data, and device identifiers. Where required, we will ask for your consent prior to collecting device information.
   7. Collection and use of public information. We may also process Personal Data that is publicly available for the purposes set out in this privacy policy.
   8. Location Information. With your permission (where required by applicable law), we may collect information about the general location of a device.
4. We may also collect, use, and share Aggregated Data such as statistical data for any purpose. Aggregated Data may be derived from your Personal Data but is not considered Personal Data in law as this data does not directly or indirectly reveal your identity. However, if we combine Aggregated Data with your Personal Data so that it can directly or indirectly identify you, we treat the combined data as Personal Data which will be used in accordance with this Privacy Policy.
5. Where we need to collect your Personal Data and you fail to provide that data when requested, we may not be able to provide you with access to the Platform and our Services. In this case, we may have to suspend your use of the services but we will notify you if this is the case at the time.

1. We use common information-gathering tools, such as tools for collecting usage data, cookies, web beacons and similar technologies to automatically collect information that may contain Personal Data from your computer or mobile device as you navigate our websites, our services or interact with emails we have sent to you.
2. Device and usage data:
   1. As is true of most websites, we gather certain information automatically on connection with the use of the website by individual users. This information may include IP address (or proxy server), device and application identification numbers, location, browser type, Internet service provider and/or mobile carrier, the pages and files viewed, searches, operating system and system configuration information and date/time stamps associated with your usage. This information is used to analyse overall trends, to help us provide and improve our websites and to guarantee their security and continued proper functioning.
   2. In addition, we gather certain information automatically as part of your use of the products and services. This information may include IP address (or proxy server), device and application identification numbers, location, browser type, Internet service provider and/or mobile carrier, the pages and files viewed, searches and other actions you take, operating system and system configuration information and date/time stamps associated with your usage. This information is used to maintain the security of the services, to provide necessary functionality, as well as to improve performance of the services, to assess and improve customer and user experience of the services, to review compliance with applicable usage terms, to identify future opportunities for development of the services, to assess capacity requirements, to identify customer opportunities and for the security of us generally (in addition to the security of our products and services). Some of the device and usage data collected within the services, whether alone or in conjunction with other data, could be personally identifying to you. Please note that this device and usage data is primarily used for the purposes of identifying the uniqueness of each user logging on (as opposed to specific individuals), apart from where it is strictly required to identify an individual for security purposes or as required as part of our provision of the services to our customers (where we act as a processor).
3. Cookies, web beacons and other tracking technologies on our website and in email communications.
   1. We use cookies and similar technologies such as web beacons, tags and JavaScript, alone or in conjunction with cookies, to compile information about the usage of our websites and interaction with emails from us.
   2. When you visit our websites, we or an authorised third party may place a cookie on your browser and/or device, which collects information, including Personal Data, about your online activities over time and across different sites. Cookies allow us to track usage, determine your browsing preferences and improve and customise your browsing experience.

1. We will only process Personal Data when the law allows us to and under lawful basis. Most commonly, we will process Personal Data under the following legal grounds:
   1. where we have your express consent to do so;
   2. where we need to consult with you or perform on the Services contract we are about to enter into or have entered into with you;
   3. where it is necessary for our legitimate business interests (or those of a third party) and your interests and fundamental rights do not override those interests; and/or
   4. where we need to comply with a legal or regulatory obligation.

We may use your Personal Data for the purposes set out below.

1. For account registration. We use Personal Data to open and manage your accounts. This may include name, address, phone number, billing information, and email address.
2. To conduct our business and provide our services. To conduct our business, including to enable use of our services and our websites/applications to respond to queries, to carry out our obligations arising from any agreements entered into and to contact customers or potential customers in connection with our business and services.
3. To provide communications (about updates and changes) and to provide technical and customer support. To communicate about updates to our business, services and websites/applications; to provide customer and technical support; to respond to requests, comments, questions, or concerns from customers or potential customers. Such communications are provided by various means, including emails, telephone calls, video calls and internet chat. Calls may be recorded for training and monitoring purposes and a transcript of the internet chat sessions may be retained to resolve questions or issues related to our services.
4. To facilitate payments. To take payment from you when you sign-up for certain features; to provide you with refunds and to process payments when you transact with us.
5. To allow use of the interactive features of our websites/applications. To allow testimonials, reviews or comments. Please note that such testimonial, review or comment may be read, collected and used by anyone.
6. To ensure our websites/applications content is relevant and to maintain the security of our websites/applications. To ensure that content from our websites/applications are presented in the most effective and secure manner.
7. For analytics and business development purposes, including feedback and surveys. To analyse personal data in order to better understand our business, services and our customers' services and marketing requirements, and to better understand our business and develop our services and websites/applications. This may include aggregating and/or de-identifying your personal data.
8. To provide marketing materials. To provide updates and offers, where customers or potential customers have chosen to receive these communications. We may also use personal data for marketing our own and our selected business partners' products and services by mail, email, SMS, phone and social media. Where required by law, we will ask for consent to conduct these types of marketing and provide an option to unsubscribe from further marketing communications. Please note that even if you opt-out of receiving marketing communications, you may still receive communications from us that are important or related to your interactions with us, or otherwise as required by law.
9. To enforce our terms, in connection with legal or regulatory obligations and to manage claims. We may process Personal Data to enforce our terms and to comply with our legal and regulatory requirements or dialogue with regulators/judicial proceedings/court orders and manage claims and litigation (as applicable) which may include disclosing Personal Data to relevant third parties, the court service and/or regulators or law enforcement agencies in connection with enquiries, proceedings or investigations by such parties anywhere in the world or where compelled to do so.
10. To reorganise or make changes to our business. In the event that we: (i) are subject to negotiations for the sale of our business or part thereof to a third party; (ii) are sold to a third party; or (iii) undergo a reorganisation, we may need to transfer Personal Data to the relevant third party (or its advisors) as part of any due diligence process for the purpose of analysing any proposed sale or re-organisation. We may also need to transfer Personal Data to that re-organised entity or third party after the sale or reorganisation.

1. We will only use your Personal Data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your Personal Data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
2. Please note that we may process your Personal Data without your knowledge or consent, in compliance with the above rules and where required or permitted by law.

1. We may retain your Personal Data for a period of time consistent with the original purpose of collection. We determine the appropriate retention period for Personal Data on the basis of the amount, nature and sensitivity of your Personal Data processed, the potential risk of harm from unauthorised use or disclosure of your Personal Data and whether we can achieve the purposes of the processing through other means, as well as on the basis of applicable legal requirements.
2. After expiry of the applicable retention periods, your Personal Data will be deleted. If there is any data that we are unable, for technical reasons, to delete entirely from our systems, we will put in place appropriate measures to prevent any further use of such data.

1. We strive to provide you with choices regarding how we use your Personal Data, particularly around marketing and advertising. To manifest your rights attached to any marketing sent to you, please use the in-built prompts provided on those communications, or contact us.
2. You will receive marketing communications from us if you have requested our services, requested information from us, or provided us with your details in any other circumstance and, in each case, have not opted-out of receiving that marketing.
3. You can ask us to stop sending you marketing messages at any time by using the built-in prompts or contacting us and requesting us to cease or change your marketing preferences. Where you opt-out of receiving marketing messages, this opt-out will not apply to other Personal Data of yours which we process for another lawful basis.
4. Whilst we may use your Personal Data within our company, we will get your express opt-in consent before we share your Personal Data publicly with any entity outside of BSharp for marketing.

1. We may have to share your Personal Data with the parties set out below for the purposes set out above.
   1. Internal Third Parties including other entities or parties in the BSharp group and their respective directors and employees;
   2. External Third Parties including:
   3. Service providers under contract with BSharp who need your Personal Data to provide their services to you pursuant to your use of our services;
   4. South African or other national governments and/or their respective authorities pursuant to our adherence with legislative requirements; and
   5. Professional advisers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services as required.
   6. Third parties to whom we may choose to sell, transfer, or merge parts of our company or our assets. Alternatively, we may seek to acquire other organisations or merge with them. If a change happens to our company, we may continue to use your Personal Data in the same way as set out in this Privacy Policy.
2. We require all third parties to respect the security of your Personal Data and to treat it in accordance with the law. We do not allow our third-party service providers to use your Personal Data for their own purposes and only permit them to process your Personal Data in accordance with our instructions and standards.

1. We may share and process your Personal Data outside of South Africa for the purpose of cloud storage or to engage with service providers such as software providers and contractors.
2. f we transfer your Personal Data out of South Africa, we will ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
   1. We will only transfer your Personal Data to countries that have appropriate data protection legislation in place similar to that of South Africa; and/or
   2. Where we use service providers, we will use specific contracts/clauses which ensure Personal Data is processed and secured lawfully.

1. We have put in place appropriate security measures to prevent your Personal Data from being accidentally lost, used, or accessed in an unauthorised way, altered, or disclosed by making use of by implementing industry-standard encryption for data in transit, secure cloud hosting, strict access controls, and role-based permissions. We also limit access to your Personal Data to those employees, agents, contractors and other third parties who have a legitimate need to know. They will only process your Personal Data on our instruction and are subject to a duty of confidentiality.
2. We have put in place procedures to deal with any suspected Personal Data breach and will notify you and the Information Regulator of a breach where we are legally required to do so.

1. You have certain rights relating to your Personal Data, subject to POPIA.
2. In general, you have rights to:
   1. stop receiving marketing communications;
   2. require us to update any inaccuracies in the Personal Data we hold;
   3. withdraw your consent (where our processing activity is based on your consent);
   4. require us to delete Personal Data;
   5. object to our processing of your Personal Data (where our processing is based on our legitimate interests); and
   6. ask us not to reach decisions that have legal or significant effects on you using automated processing or profiling.
3. You will not have to pay a fee to access your Personal Data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
4. We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Data (or to exercise any of your other rights). This is a security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
5. We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
6. Users with citizenships from jurisdictions other than South Africa, please note that we comply with South African data protection laws when processing your Personal Data as we are a South African entity. Should foreign law be applicable to your use of the Services and/or the Platform in any way, including how we may process your Personal Data, please contact us and we will gladly engage with you on your rights.

1. We have appointed an information officer who is responsible for overseeing questions in relation to this Privacy Policy. If you have any questions about this Privacy Policy, including any requests to exercise your legal rights, please contact our information officer using the details set out below.
   1. Email: [email protected]
   2. Tel: 011 568 4825
   3. Postal Address:Block B, Ground Floor, Gillooly’s View, 1 Osborne Lan, Bedfordview, 2006
2. You have the right to make a complaint at any time to the South African regulator’s office (Information Regulator’s Office of South Africa). We would, however, appreciate the chance to deal with your concerns before you approach any such regulator, so please contact us in the first instance.

1. It is important that the Personal Data we hold about you is accurate and current. Please keep us informed if your Personal Data changes during your relationship with us.
2. This Privacy Policy is subject to change without notice and is updated or amended from time to time and will be effective once we upload the amended version to the Platform. Your continued access or use of our Services constitutes your acceptance of this Privacy Policy, as amended. It is your responsibility to read this document periodically to ensure you are aware of any changes.