1. Definitions

1.1 “Dinkum” means Dinkum Data (Proprietary) Limited (registration number: 2022/656913/07), a private company duly incorporated in accordance with the laws of the RSA.

1.2 “Dinkum’s Affiliates” means Dinkum’s shareholders, directors, present or past employees, consultants, service providers, suppliers, holding companies, subsidiaries, affiliates, agents, representatives and successors and assigns.

1.3 “Dinkum’s Services” means the data collection, processing, aggregation, and other data analytic and ancillary services provided by Dinkum to Users and includes the use by a User of the Website and any other data commercialisation products or services.

1.4 “Law” means any law of general application and includes the common law and any statute, constitution, decree, treaty, regulation, directive, ordinance, by-law, order or any other enactment of legislative measure of government (including local and provincial government) statutory or regulatory body which has the force of law.

1.5 “Loss” means claims, damages, liabilities, losses, costs (including legal costs on a scale as between attorney and own client and any additional legal costs) or expenses of any kind, whether direct or indirect, actual, consequential, compensatory, incidental, punitive or special (including damages for loss of business, revenue, profits, data, use, goodwill or other intangible losses) including loss incurred in connection with any litigation, arbitration or administrative proceedings or regulatory enquiry regarding any aspect of Dinkum’s Services.

1.6 “Personal Information” means any “Personal Information” as defined in the POPIA Act.

1.7 “POPI Act” means the Protection of Personal Information Act No 4 of 2013, as amended.

1.8 “Privacy Policy” means the privacy policy as contained herein and as amended from time to time.

1.9 “Processing” shall mean “processing” as defined in POPIA, and “Process” shall have a corresponding meaning.

1.10 “Promotional Information” means any promotional material that Dinkum may deem to be of interest to the User.

1.11 “RSA” means the Republic of South Africa.

1.12 “Security Information” means any information selected by the User and/or provided to the User by Dinkum, for the safe and secure use of Dinkum’s Services.

1.13 “Third Party Providers” means any third-party service providers who have been appointed by Dinkum to assist with the provision of Dinkum’s Services, which may include offerings from third party providers that Dinkum may deem beneficial to a User.

1.14 “User” means any user of Dinkum’s Services.

1.15 “Website” means the website owned by Dinkum found at www.dinkumdata.com.

2. General

2.1 This Privacy Policy relates to the use of Dinkum’s Services as it relates to Personal Information. Each time a User utilises Dinkum’s Services, the User acknowledges that it will be providing Dinkum with Personal Information, which may be protected by data protection legislation, including inter alia, the POPI Act.

2.2 Each time a User utilises Dinkum’s Services, it agrees to be bound by this Privacy Policy. Dinkum may change this Privacy Policy (which will be made available on the Website) at any time and will publish the amended and latest version. The User confirms acceptance of this Privacy Policy as modified, changed, supplemented, or updated by Dinkum. It is the User’s responsibility to familiarise itself with the most recent version of this Privacy Policy.

3. Collection of Information

Type of information collected

3.1 Personal Information is collected by Dinkum and will include (as and when necessary) but is not limited to the following:

3.1.1 full name and surname (as it appears on the User’s identity document or passport);
3.1.2 National ID or passport number/proof of identity;
3.1.3 Identifiable information in relation to a juristic person;
3.1.4 Information related to race and/or gender;
3.1.5 Ethnicity or social origin;
3.1.6 Well-being or disability;
3.1.7 Personal opinions, views, opinions, preferences;
3.1.8 Proof of identity;
3.1.9 Email address;
3.1.10 Contact number;
3.1.11 Residential address;
3.1.12 Proof of residence;
3.1.3 Banking details; and
3.1.14 Personal photographs.

How information is collected

3.2 Personal Information is (or may be) collected by Dinkum in the following ways:

3.2.1 When a User provides to Dinkum Personal Information pursuant to the utilisation by a User of Dinkum’s Services; and/or
3.2.2 When a User registers on the Website for the utilisation by the User of any Dinkum Services, or during the carrying out of demographic research, or when the User participates in any promotions, competitions or surveys held on the Website.

3.3 The User acknowledges that advertisers or other websites may have links on the Website which may also collect a User’s Personal Information. The User agrees that the information Processing practices of those advertisers and other websites are neither under the control of Dinkum nor regulated by this Privacy Policy.

Why information is collected

3.4 A User’s Personal Information may be collected and used by Dinkum to –

3.4.1 enable Dinkum to adequately provide Dinkum’s Services;
3.4.2 deliver to a User more relevant and targeted content and advertisements, such as banner advertisements;
3.4.3 conduct research related to demographics, interests and online habits to enable any data commercialisation products or services; and
3.4.4 compile profiles for statistical purposes. Users agree that Dinkum may trade with those profiles and aggregated statistical data. While Dinkum will attempt to ensure that the profiles or statistical data cannot be linked to a User, Dinkum does not guarantee that third parties may not be able to link such profiles and statistical data to User. Users hereby indemnify Dinkum against any loss, liability, expense, claim, penalty or damage suffered by a User, whether direct, indirect, special or consequential, arising from or in relation to any third party being able to link such profiles and statistical data to a User.

3.5 The User accepts that by utilising Dinkum’s Services, the User consents to Dinkum storing and/or Processing Personal Information and warrants that any Personal Information provided by the User is up to-date and accurate. Dinkum will only use the Personal Information obtained through the use of Dinkum’s Services, the Website and for the purpose for which it was collected. The User must ensure that any Personal Information that the User posts, uploads, inputs, provides or submits to Dinkum does not breach or infringe the intellectual property rights of anyone else. Dinkum does not own nor endorse any Personal Information that is transmitted, stored or processed via the Website and/or sent to Dinkum.

3.6 The User must immediately update and inform Dinkum of any changes to Personal Information so that Dinkum can communicate with the User effectively and provide accurate and up to date information to the User.

3.7 Users acknowledges that the Personal Information contemplated by this clause 3 is reasonably required by Dinkum to give effect to the purposes as set out in this clause 3, and Users undertake to provide Dinkum with any further Personal Information where such Personal Information is reasonably required by Dinkum to give effect to the purposes set out in this clause 3.

3.8 Users voluntarily consent to Dinkum Processing the Personal Information that is provided to it pursuant to the use by Users of the Website and/or Dinkum’s Services in order to give effect to the purposes set out in this clause 3 and warrants that Dinkum shall be entitled to Process such Personal Information without seeking any further permissions or consents from Users and/or any relevant third parties.

3.9 Users accept that Dinkum may disclose Personal Information about a User to any of its employees, consultants, officers, agents, suppliers, service providers or subcontractors insofar as this is reasonably necessary for the purposes set out this clause 3.

3.10 Users accept that:

3.10.1 Personal information that is submitted to Dinkum for publication on the Website or in any online or print media, whether by way of a testimonial or an article, will or may be published on the internet (as the case may be) and may be available, via the internet, around the world; and
3.10.2 Dinkum cannot prevent the use or misuse of such information by others.

4. Storage

4.1 Dinkum will take all reasonable technical and organisational precautions to prevent the loss, misuse or alteration of Personal Information. However, no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and Dinkum cannot guarantee its absolute security.
4.2 It is the User’s responsibility to keep Security Information (if relevant) safe and secure and the User shall not disclose Security Information to anyone else. It is the User’s responsibility to ensure the security of any device used for the utilisation of Dinkum’s Services. The User is responsible for any and all activities that occur on a User’s account (where applicable). The User agrees to notify Dinkum immediately of any unauthorised access or use of a User’s account or any other breach of security, on any basis whatsoever.
4.3 Dinkum shall not be liable for any Loss regardless of whether Dinkum has been advised of the possibility of such Loss, arising out of or in connection with a User’s account, either with or without the User’s knowledge.
4.4 Users accept that Personal Information that Dinkum collects about a User may be –
4.4.1 stored and Processed in and transferred between any of the countries in which it operates in order to enable it to Process such information; and
4.4.2 transferred to or between various countries internationally as a consequence of Dinkum using information technology hosted or operated by third parties in or from such countries to store and/or process any information in its possession or under its control, which countries may not have data protection laws that are equivalent to those in force in the RSA.

5. Dissemination

5.1 Dinkum will disclose/retain Personal Information, without notice, on the basis as specified below:

5.1.1 In the course of its business and commercial activities;
5.1.2 To conform to the provisions of any Law, any legal process in force from time to time or comply with legal process served on Dinkum;
5.1.3 To protect and defend the rights of Dinkum or any of its Users and/or to enforce and protect Dinkum’s rights or property (including intellectual property) and/or where Dinkum has a legitimate interest to do so;
5.1.4 When the User has expressly authorised Dinkum to do so;
5.1.5 For statistics and advertisement purposes: Dinkum may perform statistical analyses in order to measure interest in the various areas of the Website (for product development purposes) and to inform advertisers as to how many consumers have seen or “clicked” on their advertising banners. Dinkum also uses demographic information to allow advertising banners on the Website to be targeted, in aggregate; and
5.1.6 If Dinkum undergoes a change in ownership;

5.2 Dinkum uses Third Party Providers. Third Party Providers are obligated not to disclose or use Personal Information for any other purpose other than as required for the provision of the Services and/or as specified herein. In addition, by using Dinkum’s Services and requesting and/or indicating that the User would like to receive Promotional Information, the User agrees to Dinkum and/or any Third-Party Providers sending to the User Promotional Information.

5.3 The Website may contain links to other sites. If a User clicks on a third-party link, it will be directed to that site. Note that these external sites are not operated by Dinkum. Dinkum strongly advises a User to review the privacy policies of these websites. Dinkum has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party sites or services.

6. Additional

6.1 If a User discloses Personal Information through any public message boards on the Website (if applicable), this information may be collected and used by others and in respect of which Dinkum has not control nor will be liable for.

6.2 An IP address is a number that is automatically assigned to a computer whenever it is connected to the Internet. Dinkum may log IP addresses, or the location of computers on the Internet. Dinkum may also collect IP addresses for the purposes of system administration, to report aggregate information to its advertisers, and to audit the use of the Website. Dinkum does not ordinarily link IP addresses to Personal Information, which means that a User’s session may remain anonymous. However, Dinkum cannot guarantee that this will always be the case. For example, it may be necessary to identify a particular User when it is necessary to enforce compliance with any of Dinkum’s terms and conditions or to protect the Website, Dinkum’s clients or other interests.

6.3 Dinkum has no obligation to screen, edit or monitor User content on the Website (“User Content”). However Dinkum reserves the right, and has the absolute discretion to remove, screen or edit User Content. Furthermore, if Dinkum has reason to believe that there is likely to be a breach of security, breach or misuse of the Website or if the User breaches any of its obligations under this Privacy Policy, Dinkum may suspend a User’s use of any aspect of Dinkum’s Services, including access to the Website, at any time and for any justifiable reason.

6.4 Dinkum and the Third-Party Service Providers may use various technologies to collect and process information when Users interact with the various Dinkum products and interfaces, including cookies, so as to better understand Users and enhance Dinkum’s Services. Cookies are small data files that are stored on a User’s device enabling the collection of key data. Dinkum may perform this tracking.

7. Severability and Cession

7.1 If any provision of this Privacy Policy is found to be invalid under any Law, such provision will be modified, rewritten, or interpreted to include as much of its nature and scope as will render it enforceable. If it cannot be so modified, rewritten or interpreted to be enforceable in any respect, it will not be given effect, and the remainder of this Privacy Policy will be enforced as if such provision was not included.

7.2 Dinkum may assign, transfer, and subcontract its rights and/or obligations under this Privacy Policy without any notification. Users are prohibited from assigning, transferring, or subcontracting any rights and/or obligations under this Privacy without Dinkum’s written consent.

8. Laws, regulations and jurisdiction

The use of Dinkum’s Services shall be governed by and construed in all respects in accordance with the laws of the RSA, and subject to the exclusive jurisdiction of the courts of the RSA.

9. Contact Us

Any questions or suggestions regarding this Privacy Policy, shall be sent to the following addresses:

209 Malachite Crescent,
Brettenwood Coastal Estate,
Sheffield Beach,
South Africa
All rights reserved Dinkum Data (Proprietary) Limited.