Privacy Policy and POPIA

Introduction, Definitions & Application

Wicked Web Wizard (Pty) Ltd ("Wicked Web Wizard", "we", "us", "our") respects the privacy rights of all individuals and entities whose Personal Information we process.

This Privacy Policy explains:

• What information we collect;
• Why we collect it;
• How we use it;
• How we protect it;
• When we may disclose it;
• The rights available to data subjects.

This Privacy Policy applies to all services, systems, websites, applications, platforms and interactions operated by Wicked Web Wizard.

1. Compliance With POPIA

Wicked Web Wizard processes Personal Information in accordance with:

• The Protection of Personal Information Act, 2013 ("POPIA");
• Applicable South African laws;
• Applicable international data protection requirements where relevant.

Nothing contained in this Policy shall limit any rights granted under applicable law.

2. Application Of This Policy

This Policy applies to:

• Website visitors;
• Clients;
• Prospective clients;
• Hosting clients;
• Domain clients;
• SaaS users;
• FarmServ users;
• Suppliers;
• Contractors;
• Employees;
• Applicants;
• Support users.

3. Definitions

"Personal Information" shall have the meaning assigned to it under POPIA.

"Processing" includes collection, storage, use, transmission, disclosure, deletion and destruction.

"Data Subject" means any identifiable natural person or juristic person whose information is processed.

"Operator" shall have the meaning assigned under POPIA.

"Responsible Party" means Wicked Web Wizard where it determines the purpose and means of Processing.

4. Acceptance Of This Policy

By accessing our websites, systems, applications or Services, the Data Subject acknowledges this Privacy Policy.

Continued use of our Services constitutes acceptance of this Policy to the extent permitted by law.

Information We Collect

6. Personal Information Collected

Wicked Web Wizard may collect, receive, generate, record, store or process Personal Information where reasonably necessary for the provision of Services, compliance with legal obligations, protection of legitimate interests, or operation of our business.

The categories of information described in this Policy are not exhaustive and may include additional information reasonably necessary for the purposes described herein.

7. Identity Information

We may collect:

• Full names;
• Initials;
• Identity numbers;
• Passport numbers;
• Date of birth;
• Company names;
• Registration numbers;
• VAT numbers;
• Trust details;
• Representative details.

8. Contact Information

We may collect:

• Email addresses;
• Telephone numbers;
• Mobile numbers;
• WhatsApp numbers;
• Physical addresses;
• Postal addresses;
• Social media account details;
• Contact person details.

9. Account Information

We may collect information relating to:

• User accounts;
• Login credentials;
• User permissions;
• Access history;
• Authentication records;
• Security settings.

Passwords may be stored in encrypted or hashed form where applicable.

10. Billing Information

We may collect:

• Invoice information;
• Billing addresses;
• Payment references;
• Transaction records;
• Subscription records;
• Account balances;
• Credit information where lawful.

Wicked Web Wizard does not generally store complete payment card details unless specifically required and lawfully permitted.

11. Client Service Information

We may collect information necessary to provide Services including:

• Website details;
• Domain details;
• Hosting information;
• Email configuration information;
• Software configuration information;
• Technical specifications;
• Project information.

12. Website Development Information

During website projects we may receive:

• Wireframes;
• Mockups;
• Design concepts;
• Images;
• Branding materials;
• Written specifications;
• Project documentation.

13. Hosting Information

We may process information relating to:

• Hosting accounts;
• Server usage;
• Resource usage;
• Domain settings;
• DNS records;
• SSL certificates.

14. Domain Information

We may process:

• Domain registration information;
• Registrant details;
• Administrative contact details;
• Technical contact details;
• Billing contact details.

15. Email Service Information

We may process information relating to:

• Email accounts;
• Mailbox settings;
• Delivery logs;
• Routing records;
• Spam filtering records;
• Security records.

16. SaaS Platform Information

Where SaaS platforms such as FarmServ are utilised, we may process:

• User account information;
• Login records;
• Activity logs;
• Configuration information;
• Usage information;
• User-generated content.

17. Technical Information

We may collect technical information including:

• IP addresses;
• Device identifiers;
• Browser information;
• Operating system information;
• Device information;
• Connection information;
• Error logs.

18. Usage Information

We may collect information regarding:

• Pages visited;
• Services accessed;
• Features used;
• Session activity;
• Click activity;
• Navigation behaviour.

19. Log Information

We may maintain:

• Access logs;
• Authentication logs;
• Server logs;
• Application logs;
• Security logs;
• Audit logs.

Such logs may contain Personal Information.

20. Communication Information

We may retain communications including:

• Emails;
• Support tickets;
• WhatsApp messages;
• SMS messages;
• Contact form submissions;
• Live chat records;
• Telephone records where lawful.

21. Support Information

We may process information submitted through:

• Support requests;
• Technical assistance requests;
• Helpdesk systems;
• Troubleshooting activities.

22. Marketing Information

We may collect information regarding:

• Marketing preferences;
• Subscription preferences;
• Communication preferences;
• Consent records.

23. Website Analytics

We may collect analytics information including:

• Visitor statistics;
• Traffic sources;
• Device statistics;
• Geographic information;
• Usage trends.

Such information may be collected using third-party analytics providers.

24. Cookies And Similar Technologies

Our websites may utilise:

• Cookies;
• Session cookies;
• Persistent cookies;
• Tracking technologies;
• Analytics technologies;
• Similar technologies.

Such technologies may collect information regarding website usage and user preferences.

25. Location Information

We may collect approximate geographic information derived from:

• IP addresses;
• Device settings;
• User-provided information.

We do not intentionally collect precise location information unless required for a specific Service.

26. Employee And Applicant Information

Where applicable, we may collect information relating to:

• Employment applications;
• Employment records;
• Payroll records;
• Regulatory compliance obligations.

27. Supplier Information

We may collect information relating to suppliers, contractors and service providers including:

• Contact information;
• Banking information;
• Contractual information;
• Compliance information.

28. Information Provided By Third Parties

We may receive information from:

• Registrars;
• Hosting providers;
• Payment providers;
• Analytics providers;
• Business partners;
• Public sources.

Such information may be combined with information already held by Wicked Web Wizard.

29. Special Personal Information

Wicked Web Wizard does not intentionally collect Special Personal Information unless:

• Required by law;
• Necessary for a specific Service;
• Consent has been obtained;
• Another lawful basis exists.

30. Children's Information

Our Services are generally not directed at children.

Where information relating to minors is processed, such processing shall occur only where lawful and appropriate authority exists.

31. Accuracy Of Information

Data Subjects warrant that information supplied to Wicked Web Wizard is accurate and current.

Data Subjects shall notify Wicked Web Wizard of material changes affecting such information.

32. Failure To Provide Information

Certain Services may require specific information.

Failure to provide required information may prevent Wicked Web Wizard from providing the relevant Service.

33. Information Generated By Use Of Services

Wicked Web Wizard may generate information through operation of its Services including:

• Security records;
• Usage statistics;
• Performance records;
• Compliance records;
• Diagnostic information.

34. Information Retention

Information collected under this Section may be retained in accordance with this Privacy Policy, applicable law, and Wicked Web Wizard's operational requirements.

35. Acknowledgement

The Data Subject acknowledges that the categories of information described in this Section may be processed where reasonably necessary for the operation of Wicked Web Wizard and the provision of Services.

Purposes Of Processing & Legal Basis For Processing

36. Purpose Of Processing

Wicked Web Wizard shall process Personal Information only where reasonably necessary for lawful business purposes.

Personal Information may be processed for one or more purposes described in this Section.

37. Service Delivery

Personal Information may be processed to:

• Provide Services;
• Configure Services;
• Manage Services;
• Support Services;
• Maintain Services;
• Improve Services.

Without such processing, Wicked Web Wizard may be unable to provide certain Services.

38. Client Account Management

Personal Information may be processed to:

• Create accounts;
• Manage accounts;
• Authenticate users;
• Verify identity;
• Control access;
• Maintain security.

39. Contractual Performance

Personal Information may be processed where necessary to:

• Enter into agreements;
• Perform contractual obligations;
• Enforce agreements;
• Administer agreements.

Processing under this clause may occur before, during and after provision of Services.

40. Billing And Payment

Personal Information may be processed for:

• Invoicing;
• Payment processing;
• Subscription management;
• Debt recovery;
• Credit control;
• Financial administration.

41. Client Communications

Personal Information may be processed to:

• Respond to enquiries;
• Provide support;
• Issue notices;
• Deliver service updates;
• Communicate regarding Services.

42. Technical Support

Personal Information may be processed where necessary to:

• Troubleshoot issues;
• Investigate incidents;
• Resolve technical problems;
• Provide assistance.

43. Hosting Services

Personal Information may be processed to:

• Operate hosting environments;
• Configure hosting services;
• Maintain hosting services;
• Secure hosting services.

44. Domain Services

Personal Information may be processed to:

• Register domains;
• Renew domains;
• Transfer domains;
• Manage domain records.

Certain information may be disclosed to registrars and registries where required.

45. Email Services

Personal Information may be processed to:

• Provide email services;
• Route email;
• Secure email services;
• Investigate email-related incidents.

46. SaaS Services

Personal Information may be processed for purposes including:

• User account management;
• Authentication;
• Platform operation;
• Security monitoring;
• Service improvement.

This includes platforms operated by Wicked Web Wizard including FarmServ and future SaaS systems.

47. Security Purposes

Personal Information may be processed to:

• Detect threats;
• Prevent fraud;
• Prevent abuse;
• Protect infrastructure;
• Investigate incidents.

48. Compliance Purposes

Personal Information may be processed to:

• Comply with legal obligations;
• Comply with court orders;
• Comply with regulatory requirements;
• Comply with contractual obligations.

49. Fraud Prevention

Personal Information may be processed to:

• Verify identity;
• Detect fraud;
• Prevent abuse;
• Investigate suspicious activity.

50. Risk Management

Personal Information may be processed to:

• Assess risks;
• Protect business interests;
• Protect infrastructure;
• Protect clients.

51. Legal Proceedings

Personal Information may be processed where necessary for:

• Legal advice;
• Legal proceedings;
• Debt recovery;
• Dispute resolution;
• Enforcement of rights.

52. Record Keeping

Personal Information may be processed for:

• Record keeping;
• Audit purposes;
• Historical records;
• Business administration.

53. Analytics

Personal Information may be processed to:

• Analyse website usage;
• Analyse service performance;
• Improve user experience;
• Improve services.

54. Service Improvement

Personal Information may be processed to:

• Develop new services;
• Improve existing services;
• Improve security;
• Improve performance.

55. Marketing Communications

Personal Information may be processed to provide information regarding:

• Services;
• Products;
• Updates;
• Promotions.

Marketing communications shall be subject to applicable laws and consent requirements where required.

56. Direct Marketing

Wicked Web Wizard may engage in direct marketing where permitted by law.

Data Subjects may opt out of marketing communications at any time.

57. Recruitment

Personal Information may be processed for:

• Recruitment;
• Employment applications;
• Candidate assessments;
• Employment administration.

58. Supplier Management

Personal Information may be processed to:

• Manage suppliers;
• Manage contractors;
• Administer commercial relationships.

59. Legitimate Interests

Wicked Web Wizard may process Personal Information where reasonably necessary for legitimate business interests including:

• Business operations;
• Security;
• Fraud prevention;
• Service improvement;
• Legal protection.

60. Consent

Where required by law, Wicked Web Wizard shall obtain consent prior to Processing.

Consent may be withdrawn subject to applicable legal limitations.

61. Contractual Necessity

Processing may occur where necessary to perform a contract with the Data Subject.

62. Legal Obligation

Processing may occur where required by:

• Law;
• Regulation;
• Court order;
• Regulatory authority.

63. Protection Of Legitimate Interests

Processing may occur where necessary to protect:

• Wicked Web Wizard;
• Clients;
• Infrastructure;
• Third parties.

64. Automated Processing

Wicked Web Wizard may utilise automated systems for:

• Security monitoring;
• Spam detection;
• Fraud prevention;
• Service administration.

Such processing shall be limited to lawful purposes.

65. Compatible Processing

Personal Information may be processed for purposes compatible with the original purpose for which it was collected.

66. Limitation Of Processing

Wicked Web Wizard shall take reasonable steps to ensure that Personal Information is processed only to the extent reasonably necessary for the applicable purpose.

67. Acknowledgement

The Data Subject acknowledges that the purposes described in this Section are necessary for the operation of Wicked Web Wizard and the provision of its Services.

Disclosure Of Information, Operators & International Transfers

68. Disclosure Of Personal Information

Wicked Web Wizard may disclose Personal Information where reasonably necessary for:

• Service delivery;
• Business operations;
• Legal compliance;
• Security purposes;
• Contractual performance;
• Protection of legitimate interests.

Personal Information shall not be sold to third parties as a business activity unless expressly disclosed and permitted by law.

69. Operators

Wicked Web Wizard may appoint Operators to process Personal Information on its behalf.

Such Operators may include:

• Hosting providers;
• Cloud providers;
• Software providers;
• Email providers;
• SMS providers;
• Payment processors;
• Support providers;
• Infrastructure providers.

Wicked Web Wizard shall take reasonable steps to ensure that Operators provide appropriate safeguards for Personal Information.

70. Hosting Providers

Personal Information may be disclosed to hosting providers where necessary to provide Services.

Such disclosure may include:

• Website data;
• Database information;
• Email information;
• Account information;
• Technical information.

Hosting providers may be located inside or outside the Republic of South Africa.

71. Domain Registrars And Registries

Domain registration services may require disclosure of information to:

• Registrars;
• Registries;
• Registry operators;
• Domain authorities.

Such disclosure may be mandatory for domain registration, renewal, transfer or administration.

Wicked Web Wizard shall not be responsible for the privacy practices of registrars or registries.

72. Cloud Providers

Personal Information may be processed using cloud infrastructure.

Cloud providers may process information necessary for:

• Hosting;
• Storage;
• Backup services;
• Security services;
• Infrastructure management.

73. Payment Processors

Payment-related information may be disclosed to payment processors where necessary to facilitate payments.

Wicked Web Wizard does not control the privacy practices of independent payment providers.

Data Subjects are encouraged to review the privacy policies of such providers.

74. Email Providers

Personal Information may be disclosed to email service providers where necessary to:

• Send communications;
• Operate email systems;
• Maintain email services;
• Improve email security.

75. SMS Providers

Personal Information may be disclosed to SMS service providers for purposes including:

• Notifications;
• Authentication;
• Alerts;
• Service communications.

Such providers may process mobile numbers and related information.

76. Analytics Providers

Wicked Web Wizard may utilise analytics providers to understand:

• Website usage;
• Service performance;
• User behaviour;
• Operational trends.

Analytics information may be processed by third-party providers.

77. Professional Advisers

Personal Information may be disclosed to:

• Attorneys;
• Advocates;
• Accountants;
• Auditors;
• Consultants;
• Professional advisers.

Such disclosure shall occur only where reasonably necessary.

78. Debt Collection And Credit Control

Personal Information may be disclosed to:

• Debt collectors;
• Attorneys;
• Tracing agents;
• Credit bureaus where lawful;
• Collection agencies.

Such disclosure may occur where amounts remain outstanding.

79. Corporate Transactions

Personal Information may be disclosed in connection with:

• Business acquisitions;
• Mergers;
• Restructuring;
• Asset sales;
• Corporate transactions.

Appropriate confidentiality obligations shall apply where reasonably practical.

80. Law Enforcement

Wicked Web Wizard may disclose Personal Information where required by:

• Court order;
• Warrant;
• Law enforcement request;
• Applicable law.

Wicked Web Wizard may cooperate with lawful investigations.

81. Regulatory Authorities

Personal Information may be disclosed to:

• Government departments;
• Regulatory bodies;
• Information regulators;
• Licensing authorities;
• Statutory bodies.

Such disclosure shall occur where required or permitted by law.

82. Protection Of Rights

Personal Information may be disclosed where necessary to:

• Protect Wicked Web Wizard;
• Protect Clients;
• Protect infrastructure;
• Enforce legal rights;
• Defend legal claims.

83. International Transfers

Personal Information may be transferred, stored or processed outside the Republic of South Africa.

Such transfers may occur where:

• Services require international infrastructure;
• Third-party providers operate internationally;
• Cloud services are utilised;
• International support services are utilised.

84. Cross-Border Processing

Data Subjects acknowledge that certain Personal Information may be processed in jurisdictions outside South Africa.

Such jurisdictions may have privacy laws that differ from South African law.

85. Safeguards For International Transfers

Where reasonably practicable, Wicked Web Wizard shall take reasonable steps to ensure that international recipients provide an adequate level of protection.

Such safeguards may include:

• Contractual protections;
• Industry-standard security measures;
• Reputable service providers.

86. No Sale Of Personal Information

Wicked Web Wizard does not sell Personal Information to third parties for profit.

Any disclosure shall occur only for legitimate business, legal or operational purposes.

87. Third-Party Websites

Wicked Web Wizard websites may contain links to third-party websites.

Wicked Web Wizard shall not be responsible for the privacy practices of such websites.

Data Subjects should review the privacy policies of third-party websites independently.

88. Disclosure Required For Services

Certain Services cannot be provided without disclosure of information to third parties.

Where such disclosure is necessary, use of the relevant Service shall constitute acknowledgement of such disclosure.

89. Client Instructions

Wicked Web Wizard may disclose Personal Information where instructed to do so by the Client and where such disclosure is lawful.

90. Records Of Disclosure

Wicked Web Wizard may maintain records of disclosures made under this Section.

Such records may be retained for compliance, audit and legal purposes.

91. Acknowledgement

The Data Subject acknowledges that the disclosures described in this Section are reasonably necessary for the operation of Wicked Web Wizard and the provision of its Services.

Security, Retention, Data Subject Rights & POPIA Compliance

92. Information Security

Wicked Web Wizard shall implement commercially reasonable technical, organisational and administrative safeguards designed to protect Personal Information.

Such safeguards may include:

• Access controls;
• Authentication controls;
• Encryption technologies;
• Firewall technologies;
• Monitoring systems;
• Security policies;
• Staff training;
• Backup systems.

No security system can guarantee absolute protection against all threats.

93. Security Limitations

Wicked Web Wizard does not warrant that Personal Information shall be immune from:

• Cyber attacks;
• Malware;
• Hacking;
• Unauthorised access;
• Data breaches;
• Criminal conduct by third parties.

Data Subjects acknowledge the inherent risks associated with electronic communications and internet-based services.

94. Access Control

Access to Personal Information shall be restricted to persons who reasonably require such access.

Access may be granted to:

• Employees;
• Contractors;
• Service providers;
• Operators;
• Professional advisers.

Access shall be limited to the extent reasonably necessary.

95. Security Incidents

Wicked Web Wizard may investigate suspected security incidents affecting Personal Information.

Such investigations may include:

• Log analysis;
• Security reviews;
• Incident response activities;
• Forensic investigations.

96. Data Breaches

Where a security compromise involving Personal Information occurs, Wicked Web Wizard shall take commercially reasonable steps to:

• Investigate the incident;
• Mitigate risks;
• Contain the incident;
• Comply with applicable legal obligations.

Notification shall occur where required by law.

97. Retention Of Personal Information

Wicked Web Wizard may retain Personal Information for as long as reasonably necessary to:

• Provide Services;
• Comply with legal obligations;
• Resolve disputes;
• Enforce agreements;
• Protect legitimate interests.

Retention periods may vary depending upon the nature of the information and applicable legal requirements.

98. Legal Retention Requirements

Certain information may be retained where required by:

• Tax legislation;
• Financial legislation;
• Labour legislation;
• Court orders;
• Regulatory requirements.

Such information may be retained notwithstanding a request for deletion.

99. Destruction Of Information

Personal Information may be destroyed, deleted, anonymised or de-identified when no longer required.

Wicked Web Wizard shall determine appropriate destruction methods.

100. Data Subject Rights

Subject to applicable law, Data Subjects may have the right to:

• Access Personal Information;
• Correct Personal Information;
• Update Personal Information;
• Object to certain Processing;
• Request deletion of Personal Information;
• Withdraw consent where applicable;
• Lodge complaints.

101. Access Requests

Data Subjects may request access to Personal Information held by Wicked Web Wizard.

Such requests may be subject to:

• Identity verification;
• Applicable legal requirements;
• Administrative procedures.

Requests shall be processed in accordance with applicable law.

102. Correction Requests

Data Subjects may request correction of inaccurate Personal Information.

Wicked Web Wizard may require supporting evidence before implementing corrections.

103. Deletion Requests

Data Subjects may request deletion of Personal Information where permitted by law.

Wicked Web Wizard may refuse deletion where:

• Legal obligations require retention;
• Contractual obligations require retention;
• Legitimate interests require retention;
• Ongoing disputes require retention;
• Ongoing investigations require retention.

104. Objection To Processing

Data Subjects may object to Processing where permitted by law.

Wicked Web Wizard may continue Processing where lawful grounds exist.

105. Withdrawal Of Consent

Where Processing is based upon consent, consent may be withdrawn.

Withdrawal of consent shall not affect the lawfulness of Processing conducted prior to withdrawal.

Withdrawal may affect the availability of certain Services.

106. Verification Of Requests

Wicked Web Wizard may require reasonable proof of identity before acting upon requests relating to Personal Information.

Requests may be refused where identity cannot reasonably be verified.

107. Request Procedures

Requests relating to Personal Information may be submitted using contact details published by Wicked Web Wizard.

Wicked Web Wizard may establish reasonable procedures for processing such requests.

108. Fees

Where permitted by law, Wicked Web Wizard may charge reasonable fees relating to:

• Access requests;
• Copies of records;
• Administrative processing.

109. Complaints

Data Subjects may submit complaints regarding Processing of Personal Information.

Wicked Web Wizard shall endeavour to investigate complaints within a reasonable period.

110. Information Regulator

Data Subjects may lodge complaints with the Information Regulator of South Africa where they believe their rights have been infringed.

Current Information Regulator details may be obtained from the Information Regulator's official website.

111. Accuracy Of Information

Data Subjects shall take reasonable steps to ensure information supplied to Wicked Web Wizard remains accurate and current.

Wicked Web Wizard shall not be responsible for inaccuracies arising from outdated information supplied by Data Subjects.

112. Data Portability

Where applicable and technically feasible, Wicked Web Wizard may provide Personal Information in a commonly used format.

Wicked Web Wizard shall determine the format and method of delivery.

113. Restriction Of Processing

Wicked Web Wizard may restrict Processing where required by law or where reasonably necessary to investigate disputes or complaints.

114. Anonymisation And De-Identification

Wicked Web Wizard may anonymise or de-identify information for:

• Analytics;
• Reporting;
• Service improvement;
• Statistical purposes.

Anonymised information may no longer constitute Personal Information.

115. Children's Information

Where Personal Information relating to minors is processed, Wicked Web Wizard shall take reasonable steps to ensure lawful authority exists where required.

116. Cross-Reference To PAIA

Requests for records may also be subject to applicable provisions of the Promotion of Access to Information Act, 2000 ("PAIA").

PAIA procedures may apply in addition to rights contained in this Privacy Policy.

117. Limitation Of Rights

Rights contained in this Section shall be exercised subject to:

• Applicable laws;
• Regulatory requirements;
• Contractual obligations;
• Legitimate business interests;
• Rights of third parties.

118. Policy Updates

Wicked Web Wizard reserves the right to amend this Privacy Policy from time to time.

Updated versions shall become effective upon publication.

Continued use of Services shall constitute acknowledgement of the updated Policy where permitted by law.

119. Contact Information

Questions relating to this Privacy Policy may be directed to Wicked Web Wizard using the contact details published on its official website.

120. Acknowledgement

By utilising Wicked Web Wizard's websites, platforms, systems or Services, the Data Subject acknowledges this Privacy Policy and the Processing activities described herein.