Privacy Policy – Kickin'

A. WHO WE ARE

The purpose of this Privacy Policy is to set out how, why and when Creative Pair (Pty) Ltd t/a Kickin’ use your Personal Information so as to comply with the Protection of Personal Information Act 4 of 2013 (“POPI”).

We respect your privacy and take the protection of Personal Information very seriously. We strive to deliver excellent service every time and to do this, we need to use some of your Personal Information.

This Privacy Policy describes how we handle the Personal Information we collect about you and/or receive from you. By using our Platforms, you agree to the processing of your Personal Information as set out in this Privacy Policy.

Please pay special attention to the clauses in this Privacy Policy that appear in similar text and style (i.e. bold) which:

may limit the risk or liability of Creative Pair (Pty) Ltd t/a Kickin’ or a third-party.
may create risk or liability for you.
may compel you as a user to indemnify Creative Pair (Pty) Ltd t/a Kickin’ or a third-party.
serves as an acknowledgement, by you of a fact.
This Privacy Policy applies to all users.

In this Privacy Policy, the terms:

“Personal Information”, and “process/processing” bear the same meanings as set out in POPI.
“we”, “us” or “our” refers to Creative Pair (Pty) Ltd t/a Kickin’.
“you” and “your” refers to every person that accesses or uses our Platforms, also referred to as a user.
“user(s)” refers to anyone registered on our Platforms and has provided us with a unique email address and password, as well as other Personal Information in order to order on our Platforms or anyone that has accessed our Platforms.
“Platforms” mean Kickin’s website, mobile applications and social media platforms.

B. WHAT PERSONAL INFORMATION WE COLLECT AND AND RECEIVE

Kickin’ processes Personal Information in a manner that is reasonable, adequate, relevant, non-excessive and purpose-specific. We may also gather Personal Information about you from your devices, other persons and organisations.

We collect Personal Information about you when you use our Platforms or when you interact with us and do so in particular when you:

contact us, including via our Platforms as a user.
engage with us on social media.
have already made your Personal Information available in public sources (such as public posts on social media etc.)
engage with third-parties that we interact with for the purpose of conducting our business (such as partners, regulators and government departments or service providers).

We may collect the following Personal Information from or about you as a user:

name and surname.
email address.
physical address.
gender.
mobile phone number.
online identifiers.
date of birth.
identification number.
banking details where you are a subscriber to Kickin’
social media profiles.
location data.

You warrant that the information you have provided is accurate, current, true and correct and that does not impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
Should your Personal Information change or you wish to object to the processing of, amend and/or correct your Personal Information, you can do this as set out in part J below.

Information from using the Platforms
When you access our Platforms, we process some of your Personal Information. Depending on how you access and use the Platforms, we may receive:

log information, including information on how, when and for how long you use our Platforms, products and other services, the content you view and search queries you submit.
information relating to support you may require from us such as information about your query and your contact details. When you interact with our platforms via email we may collect and use information about you in order to provide support. Your communications with us may be recorded.

C. WHY DO WE NEED TO PROCESS YOUR PERSONAL INFORMATION?

We primarily use the Personal Information we collect from you to enable you access to our Platforms. We also use your Personal Information for other reasons, including to ensure that we comply with all laws, to better understand you and your needs, and to inform you about other products and services you might be interested in.

We may lawfully process the Personal Information we collect and receive from you to:

identify you.
verify your identity if the law requires or permits it.
if you have consented to us processing your Personal Information.
enter into and conclude a contract or perform under a contract entered into with you.
provide you with access to and use of our Platforms in order to provide you with our products in order to fulfill our contractual obligations to you.
enable us to process payments.
communicate with you regarding our Platforms.
get feedback from you which we need to develop our products and grow our business.
comply with any legal or regulatory obligations such as tax or financial laws.
undertake research for statistical purposes. The research and statistics we get from this process do not include your Personal Information and cannot be linked to you, nor can you be identified from these statistics.

The law may permit us to process your Personal Information when we need to:

comply with legislative, regulatory risk and compliance requirements.
to fulfil reporting requirements and lawful information requests.
to meet record-keeping obligations.
to minimise risks, detect, prevent, investigate and report theft, fraud, money laundering, corruption and other illegal activities or crimes.

D. DIRECT MARKETING

We also collect and use your Personal Information to tell you about products or services we think you might be interested in including co-branded products and services with our business partners. To do this, we may contact you via:

Email.
Phone.
SMS.
WhatsApp.
Social media.
Advertising through our Platforms.

E. USER TRACKING AND COOKIES

When you access and use our Platforms we may use various technological tools to improve your experience on our Platforms through the use of cookies and/or user tracking.
Cookies are small text files placed on the device that you use to access our Platforms. These files do not contain your Personal Information, but allow us to associate you with a particular device.

Many websites use cookies and we use cookies to:

make our Platforms more user friendly.
personalise your interactions with our Platforms, tailor our services and Platforms to your interests and needs, and ensure they work on your device.
analyse Personal Information that will enable us to send you the types of promotional offers that may be particularly relevant to you.
develop and improve our business.
analyse your activity on our Platforms so that we can administer, support, improve and develop our business and for statistical and analytical purposes.

By accessing and using our Platforms you consent to our use of cookies and/or user tracking technologies.

F. WHO WE SHARE YOUR PERSONAL INFORMATION WITH?

We do not sell your Personal Information to third parties for their marketing or any other purposes.

G. RETENTION AND RESTRICTION OF RECORDS

We keep your Personal Information for as long as:

we need it to provide our Platforms, products or services to you.
it is required or allowed by law and is in line with our internal retention policies.
it is necessary to uphold the contract between you and us.
you have agreed to us keeping your Personal Information, subject to your request for us to stop processing your Personal Information.

By accessing and using the Platform, you consent to us retaining records of your Personal Information for no longer than may be necessary to achieve the purpose for which the information was initially collected or subsequently processed.

H. SENDING YOUR PERSONAL INFORMATION OUTSIDE SOUTH AFRICA

We may transfer certain Personal Information outside the geographic borders of South Africa to service providers for purposes set out above (see part C above), including for data storage and back-up purposes to ensure the integrity of our systems. When we transfer your Personal Information outside of the geographic borders of South Africa, we will ensure that we do so in accordance with the requirements for lawful transfer outside of South Africa as set out in POPI.

By accessing and using our Platforms, you consent to us transferring your Personal Information outside of South Africa as set out in POPI.

I. SECURING YOUR PERSONAL INFORMATION

We secure the integrity and confidentiality of your Personal Information in our possession or under our control by taking appropriate, reasonable technical and organisational measures to prevent loss of, damage to or unauthorised destruction of Personal Information; and unlawful access to or processing of Personal Information.

In order to implement and maintain such measures, we have in place policies, controls and related processes, which are reviewed and updated on a regular basis. Our policies, controls and procedures cover for example:

physical, technical and network security.
access controls and monitoring of access.
secure storage, destruction and encryption of records of Personal Information.
Personal Information breach reporting and remediation.
by way of written agreements, imposition of security and confidentiality obligations on third parties (based within or outside the borders of South Africa) who process Personal Information as part of rendering services to us.

Should you disclose your Personal Information to any third party other than Kickin’, or if a third party unlawfully acquires your Personal Information elsewhere, Kickin’ shall not be liable for any loss or damage arising from or suffered by you as a result of the disclosure or unlawful acquisition elsewhere (as the case may be) of such Personal Information. This is because we do not regulate or control how that third party uses your Personal Information. You should always ensure that you read the privacy policy of any third party.

J. KNOW YOUR RIGHTS

Having provided adequate proof of your identity, you have the right to:

request a record or description of your Personal Information.
the identity or categories of third parties who have had access to your Personal Information.
us to correct, delete or update any information we have for you if it is inaccurate, irrelevant, excessive, out of date, incomplete, misleading, obtained unlawfully or if we are no longer authorised to retain the information. Please note that you can stop being a registered user by cancelling your account. In this instance Kickin’ will only retain your Personal Information subject to any legislative requirement and/or our internal retention policy.
withdraw your consent for the processing of your personal information. Please note that your right to object to the collection and processing of certain categories of your Personal Information may affect our ability to render you services when you are a registered user and may effectively lead to us deleting your Personal Information.
query our decision to refuse you access or only let you access certain information.
where you exercise your rights above, we will explain the consequences of this to you, which may include that we may not be able to provide certain services to you. We will inform you if this is the case. We may proceed to process your Personal Information, even if you have withdrawn your consent, if the law permits or requires it. It may take a reasonable time for the change to reflect on our systems. During this time, we may still process your Personal Information.
us complying with your requests upon receipt, unless we have credible reason why we cannot comply.
us indicating where, if we cannot agree, whether to correct or delete your Personal Information as requested, that a correction or deletion was requested, but was not made.
notify you of the action taken by us because of your request.
notify you of unauthorised access to your Personal Information.
provide you with reasonable evidence of our compliance with our obligations under this Privacy Policy on reasonable notice and request.
Submit a complaint to the Information Regulator.
Kickin’ may charge a fee in order to provide you with this record of your Personal Information. Where requests to access and amend your Personal Information are manifestly unfounded, excessive or repetitive, Kickin may charge an administrative fee or refuse the request.
Please note that the law may limit your right to access information. Please refer to our information manual prepared in accordance with Section 51 of the Promotion of Access to Information Act, No. 2 of 2000 (PAIA Manual) for further information on how you can give effect to this right.

K. HOW TO LODGE A COMPLAINT WITH THE INFORMATION REGULATOR

If you have any complaints about this Privacy Policy or our compliance with this Privacy Policy you can lodge a complaint with the Information Regulator.

The contact details of the Information Regulator are available on its website at: https://justice.gov.za/inforeg/

This version of the Privacy Policy replaces any preceding privacy policy provisions on our website. We may occasionally update this Privacy Policy. When you use our Platforms the version of the Privacy Policy posted on this page applies to you.