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Privacy Policy

1. INTRODUCTION

  1. Welcome to Cutify Media & Marketing (Pty) Limited’s (“Cutify Media”) (registration number 2014/243685/07) Privacy Policy. Please note that Cutify Media is a private, limited liability company duly registered in accordance with the laws of, and operating in, South Africa.

  2. Cutify Media respects your privacy and is committed to protecting your personal data if you are a South African citizen utilising our online services or website. This Privacy Policy will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.

  3. Please ensure that you read all the provisions below, and our other Rules and Policies to understand all of your, and our, rights and duties.

  4. Please use the following links to jump to the relevant sections described herein:

    1. IMPORTANT INFORMATION AND WHO WE ARE

    2. THE DATA WE COLLECT ABOUT YOU

    3. HOW IS YOUR PERSONAL DATA COLLECTED

    4. HOW WE USE YOUR PERSONAL DATA

    5. DISCLOSURES OF YOUR PERSONAL DATA

    6. INTERNATIONAL TRANSFERS

    7. DATA SECURITY

    8. DATA RETENTION

    9. YOUR LEGAL RIGHTS

    10. GLOSSARY

2. IMPORTANT INFORMATION AND WHO WE ARE

  1. Purpose of this Privacy Policy

    1. This Privacy Policy aims to give you information on how Cutify Media collects and processes your personal data through your use of this website, including any data you may provide through this website when you input personal information on the website using relevant prompts, sign up to our newsletter, use a product or service or take part in a competition.

    2. Due to the nature of the competitions and services we manage, specifically relating to children, we do process the very limited personal information of minors. Users (being lawful and authorised parents/guardians of such minors) who submit such information to us expressly understand and consent to this limited processing of their child’s/ward’s personal data. We process such sensitive data at better and differentiated standards to conventional data.

    3. 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 data. This privacy policy supplements the other policies and is not intended to override them.

  2. Responsible Party and Operator roles

    1. Cutify Media is the responsible party and is responsible for your personal data (collectively referred to as “we”, “us” or “our” in this Privacy Policy).

    2. We also rarely operate as a “operator” of personal data on behalf of a third-party responsible party, where that responsible party’s privacy terms will apply. Please consult the privacy policy of any such parties to whom you may be providing your personal data as their terms will apply as they are the responsible party directing us to process your personal data for their purposes.

    3. We have appointed an Information Officer (“IO”) 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 the Information Officer using the details set out below.

  3. Our Contact Details

      Our full details are:

    • Full name of legal entity:

      		•

      Cutify Media & Marketing (Pty) Ltd

    • Name or title of IO:

      		•

      Ryan Smethurst

    • Email address:

      		•

      info@cutify.co.za

    • Postal address:

      		•

      Cutify Media & Marketing (Pty) Ltd, Ascot Office Park,

      Ground, Floor, West Wing, Conyngham Road,

      Greenacres, Port Elizabeth 6001

    • Telephone number:

      		•

      041 817 4201

    • You have the right to make a complaint to the Information Regulator(“IRSA”), South Africa’s regulatory authority for protecting your personal information (https://www.justice.gov.za/inforeg/). We would, however, appreciate the chance to deal with your concerns before you approach the IRSA so please contact us in the first instance.

  4. Changes to the Privacy Policy and your Duty to Inform us of Changes

    1. This Privacy Policy version was last updated on 1 November 2021 and historic versions are archived and can be obtained by contacting us.

    2. 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.

  5. Third-Party Links

    1. This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements or terms. When you leave our website, we encourage you to read the privacy policy of every website you visit.

3. THE DATA WE COLLECT ABOUT YOU

  1. Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

  2. We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:

    1. Identity Data including first name, last name, username or similar identifier, marital status, title, date of birth and gender, child name(s);

    2. Contact Data includes billing address, delivery address, email address and telephone numbers;

    3. Financial Data including bank account details, information relating to your use of payment service providers (for vote purchases) and payment card details;

    4. Transaction Data includes details about payments to and from you, voting purchases and bundles available to you and other details of products and services you have obtained from us.

    5. Technical Data including internet protocol address/es, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website;

    6. Profile Data including your username and password, your voting/entry status and history, your interests, preferences, feedback and survey responses;

    7. Usage Data including information about how you use our website, competitions and services;

    8. Marketing and Communications Data including your preferences in receiving marketing from us and our third parties and your communication preferences.

  3. We also collect, use and share Aggregated Data such as statistical or demographic 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. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect 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.

  4. We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

  5. Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with services or access to a competition). In this case, we may have to cancel website-access or service you have with us but we will notify you if this is the case at the time.

4. HOW IS YOUR PERSONAL DATA COLLECTED?

  1. We use different methods to collect data from and about you including through:

    1. Direct interactions: You may give us your Identity, Contact, Transaction, Technical, Marketing & Communications, Usage and Financial Data by filling in website forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

      1. use our website;

      2. create an account on our website;

      3. subscribe to our services or any publications;

      4. vote in our competitions;

      5. request marketing to be sent to you;

      6. enter a competition, promotion or survey; or

      7. give us some feedback.

    2. Automated technologies or interactions: As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our cookie provision below for further details.

    3. Third parties or publicly available sources: We may receive personal data about you from various third parties and public sources as set out below

      1. Technical Data from the following parties:

        1. analytics such as Google Analytics based in the United States of America.

        2. advertising networks such as Google Ads based in the United States of America and

        3. search information providers such as Google, Yahoo and Bing based in the United States of America.

      2. Contact, Financial and Transaction Data from providers of technical, payment and delivery services such as your mobile network (Vodacom, MTN, Telkom, Cell C) and Celerity Systems (Pty) Ltd based in South Africa, Zapper Marketing (Southern Africa) (Pty) Ltd based in South Africa, Peach Payment Services (Pty) Ltd based in South Africa and PayPal based in United States of America.

      3. Identity and Contact Data from data brokers or aggregators such as Facebook based in the United States of America;

      4. Identity and Contact Data from publicly availably sources such as Facebook based in the United States of America.

    4. Cookies: Our websites may make use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which we may use) to recognise repeat users, facilitate the user’s on-going access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content, and to display more focused services or advertising to a user by way of third party tools. The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most website browsers that allows you to deny or accept the cookie feature. Please note that cookies may be necessary to provide you with certain features available on our website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our website or our services will therefore be limited. If you do not disable “cookies”, you are deemed to consent to our use of any personal information collected using those cookies, subject to the provisions of this Privacy Policy and Cutify Media’s other policies.

5. HOW WE USE YOUR PERSONAL DATA

  1. We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

    1. Where we need to perform on the contract we are about to enter into or have entered into with you;

    2. Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests; and/or

    3. Where we need to comply with a legal or regulatory obligation.

  2. Purposes for which we will use your personal data:

    1. We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

    2. Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us at if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

PURPOSE/ACTIVITY TYPE OF DATA LAWFUL BASIS FOR PROCESSING INCLUDING BASIS OF LEGITIMATE INTEREST SPECIFIC EXTERNAL THIRD PARTY TO WHOM THE INFORMATION IS PROVIDED (IF ANY)
To register you as a new website user or participant in any competition (a) Identity
(b) Contact		 (a) Express consent
(b) Performance of a contract with you
To process and service your payment and/or voting activities in any competition

To manage payments, fees and charges

To collect and recover money owed to us		 (a) Identity
(b) Contact
(c) Financial
(d) Transaction
(e) Marketing and Communications		 (a) Performance of a contract with you
(b) Necessary for our legitimate interests (to recover debts due to us)
(c) Express consent		 Debit/Credit Card: Peach Payments based in South Africa

Zapper: Zapper Marketing (Pty) Ltd based in South Africa

PayPal: PayPal Pte. Ltd, based in USA
To manage our relationship with you which may include notifying you about changes to our terms or Privacy Notice and/or asking you to leave a review or take a survey (a) Identity
(b) Contact
(c) Profile
(d) Marketing and Communications		 (a) Performance of a contract with you
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
To enable you to partake in a competition, prize draw, or complete a survey (a) Identity
(b) Contact
(c) Profile
(d) Usage
(e) Marketing and Communications		 (a) Performance of a contract with you
(b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)
(c) Express consent		 Facebook Inc, based in USA

Google Adwords, based in USA
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) (a) Identity
(b) Contact
(c) Technical		 (a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
(b) Necessary to comply with a legal obligation
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you (a) Identity
(b) Contact
(c) Profile
(d) Usage
(e) Marketing and Communications
(f) Technical		 (a) Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
(b) Express consent		 Google AdSense, based in USA
To use data analytics to improve our website, competition, services, marketing, customer relationships and experiences (a) Technical
(b) Usage		 Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy) Google Analytics, based in USA
To make suggestions and recommendations to you about competitions or services that may be of interest to you (a) Identity
(b) Contact
(c) Technical
(d) Usage
(e) Profile		 (a) Necessary for our legitimate interests (to develop our products/services and grow our business)
(b) Express consent

  1. Marketing

    1. We strive to provide you with choices regarding certain personal data uses, 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. Promotional Offers from us

    1. We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which competitions, services and offers may be relevant for you (we call this marketing).

    2. You will receive marketing communications from us if you have requested information from us, have participated in any service with us or if you provided us with your details when registering for a promotion and, in each case, you have not opted-out of receiving that marketing.

  3. Third-Party Marketing

    1. We will get your express opt-in consent before we share your personal data with any company outside the Cutify Media group of companies for marketing purposes.

  4. Opting Out

    1. You can ask us or third parties to stop sending you marketing messages at any time by logging into the website and checking or unchecking relevant boxes to adjust your marketing preferences or by following the opt-out links on any marketing message sent to you or by contacting us at any time.

    2. Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of your use of our website, our services, or your participation in any competition which we may continue to process for as long as we have an applicable lawful ground to continue to do so.

  5. Change of purpose

    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 you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

    2. 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.

    3. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

6. DISCLOSURES OF YOUR PERSONAL DATA

  1. We may have to share your personal data with the parties set out below for the purposes set out in the table above.

    1. Internal Third Parties as set out in the Glossary

    2. External Third Parties as set out in the Glossary;

    3. Specific third parties listed in the table above; and/or

    4. Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets.
      Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may 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 for specified purposes and in accordance with our instructions and standards.

7. INTERNATIONAL TRANSFERS

  1. We share your personal data within the Cutify Media group of companies. This may involve transferring your data outside of South Africa, commonly to the European Union (which has its own comprehensive data protection laws).

  2. Whenever we transfer your personal data out of South Africa, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

    1. We will always have a contract in place between the parties covering the processing of data and service-provision between the parties; and

    2. We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the South African Information Regulator.

    3. Where we use certain service providers, we may use specific contracts approved by the South African Information Regulator which give personal data the same protection it has in South Africa.

    4. Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US.

  3. Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of South Africa.

8. DATA SECURITY

  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. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they 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 any applicable regulator of a breach where we are legally required to do so.

9. DATA RETENTION

  1. We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

  2. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

  3. Details of retention periods for different aspects of your personal data are available from us by contacting us.

  4. In some circumstances you can ask us to delete your data; see below for further information.

  5. In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

10. YOUR LEGAL RIGHTS

  1. Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please contact us to find out more about, or manifest, these rights:

    1. Request access to your personal data;

    2. Request correction of your personal data;

    3. Request erasure of your personal data;

    4. Object to processing of your personal data;

    5. Request restriction of processing your personal data;

    6. Request transfer of your personal data; and/or

    7. Right to withdraw consent.

  2. No fee usually required

    1. 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.

  3. What we may need from you

    1. 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.

  4. Time limit to respond

    1. 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.

11. GLOSSARY

  1. LAWFUL BASIS

    1. Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

    2. Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

    3. Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

  2. THIRD PARTIES

    1. Internal Third Parties means other companies in the Cutify Media group acting as joint controllers or operators and who are based in South Africa and the UK and provide IT and system administration services and undertake leadership reporting.

    2. External Third Parties means:

      1. Service providers acting as processors based in the United States, The United Kingdom and South Africa who provide IT and system administration services;

      2. Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in the UK and South Africa who provide consultancy, banking, legal, insurance and accounting services as required;

      3. South African regulators and other authorities acting as operators or joint controllers based in South Africa who may require reporting of processing activities in certain circumstances.

  3. YOUR LEGAL RIGHTS

    1. You have the right to:

      1. Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

      2. Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

      3. Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

      4. Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

      5. Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:

        1. if you want us to establish the data’s accuracy;

        2. where our use of the data is unlawful but you do not want us to erase it;

        3. where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or

        4. you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

      6. Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform on a contract with you.

      7. Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain website access or services to you. We will advise you if this is the case at the time you withdraw your consent.

Updated: 1 November 2021

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