Privacy Policy

THIS ADAPTIVE INTELLIGENCE TECHNOLOGIES (PTY) LTD PRIVACY POLICY APPLIES TO HOW WE COLLECT, USE AND PROCESS YOUR INFORMATION. PLEASE READ THIS PRIVACY POLICY CAREFULLY.

INTRODUCTION AND SCOPE

Adaptive Intelligence Technologies (PTY) Ltd (Registration No. 2017/524137/07) (“AI”, “we”, “us”, or “our”) is a private company registered in South Africa and the responsible party (or controller, in some jurisdictions) of your Personal Information.

AI strives to ensure that our use of Personal Information is lawful, reasonable, and relevant to our business activities, with the goal of improving our Services and your experience.

We have appointed an Information Officer/Deputy Information Officer to oversee questions relating to this Privacy Policy. You may contact us at legal@adaptiveintelligence.co.za to discuss this Privacy Policy or your rights.

This Privacy Policy explains how we treat your Personal Information when you use our services (the “Services”), access our website at www.adaptiveintelligence.co.za (the “Website”), and/or use our information technology systems and software made available by or on behalf of AI (the “Solution”).

This Privacy Policy must be read with AI’s Terms of Service and any other document that describes how, in specific circumstances, we collect or process Personal Information. If there is a conflict, the terms of the specific document will prevail.

THE PERSONAL INFORMATION THAT WE COLLECT ABOUT YOU

“Personal Information” means information about an identifiable natural or juristic person. It does not include information that cannot identify a person (including truly anonymised data).

Depending on the Services, we may process:

  • Identity Information (e.g., name, username, title, date of birth, gender, race, legal status; copies of IDs; photos; identity/registration numbers; qualifications).

  • Contact Information (e.g., physical/postal addresses, email addresses, phone numbers; company secretarial information related to you).

  • Company Information (e.g., company name, registration number, address, phone, tax number; banking details including SWIFT where applicable; B-BBEE certificate details).

  • Financial Information (e.g., bank and payment details, insurance information, financial statements, VAT numbers, regulatory filings, fund and investor statements).

  • Transaction Information (e.g., payments made/received; settlement instructions).

  • Technical Information (e.g., IP address, login data, browser type/version, time zone and location, plug-ins, OS, platform, and device data).

  • Usage Information (e.g., access logs and use of the Website, Solution and Services).

  • Marketing & Communications Information (e.g., preferences for marketing and communications).

We may also create and use Aggregated Data (historical/statistical). Aggregated Data derived from Personal Information is not Personal Information unless we combine it in a way that identifies you; if so, we treat it as Personal Information.

HOW WE COLLECT YOUR PERSONAL INFORMATION

We collect Personal Information:

  1. Directly from you – for example, during registration/account creation, when entering agreements, completing forms, or communicating with us (email, phone, support tickets, feedback forms). We may retain records of such correspondence.

  2. Automatically from your device – by using cookies, server logs and similar technologies when you access the Website/Solution/Services from your Access Device. This may include Identity, Contact, Technical, Company, Usage, and Marketing & Communications Information. You can disable cookies in your browser, but some features may not function properly.

  3. From third parties – including service providers, clients using the Services, market infrastructures, identity/KYC providers, and our IT suppliers, where lawful.

HOW WE USE YOUR PERSONAL INFORMATION

We use Personal Information to operate and improve the Website, Solution and Services; to provide/support Services; and to meet legal/regulatory obligations. Uses include:

  • Making information available to you on the Website/Solution/Services;

  • Regulatory reporting and engagements with regulators/market infrastructures;

  • Account creation, identity verification, authentication and authorisation;

  • Operating, administering, maintaining, securing and developing the Website, Solution and Services;

  • Detecting, preventing and managing fraud, abuse, misuse, security breaches and violations of this Policy or applicable terms;

  • Notifying you of changes to the Website, Solution, Services or this Privacy Policy;

  • Creating user profiles and analysing usage patterns, preferences, frequency, trends and demographics;

  • Providing lawful marketing; conducting market and product research/development;

  • Performing our contractual obligations; diagnosing and resolving technical/support issues;

  • Protecting our rights in litigation; maintaining records of communications;

  • Inviting you to AI events; analysing Access Devices and location (where lawful); and

  • Any other lawful, relevant business or regulatory purpose.

We will restrict processing to the original purpose or a compatible purpose. Where permitted or required by law, we may process Personal Information without your knowledge or consent.

COMPULSORY PERSONAL INFORMATION AND CONSEQUENCES OF NOT SHARING

Where processing is required by law or contract and you do not provide the necessary Personal Information, we may be unable to perform the contract or provide Services and may need to terminate the relationship on notice, in line with the contract and applicable law.

SHARING OF YOUR PERSONAL INFORMATION

We do not intentionally disclose Personal Information other than with your permission or as set out here:

  • Service providers/agents/advisers/licensors under contracts that impose confidentiality and equivalent data-protection obligations (e.g., hosting, development, support, communications).

  • Employees and group entities on a need-to-know basis under confidentiality.

  • Counterparties to enforce or apply agreements with you.

  • Regulators and authorities where required by law or reasonably necessary to protect rights, property or safety; detect/prevent/manage fraud, technical or security issues; or protect the public.

  • Business transfers (e.g., merger, acquisition, restructuring) subject to ongoing protections.

PER-CLIENT SOFTWARE INSTANCES (NO DATA SHARING BETWEEN CLIENTS)

For customers using our software in a multi-tenant environment, each customer is provisioned a logically (and, where applicable, physically) segregated Client Instance. We do not share data between Client Instances. Access is restricted through role-based, least-privilege controls; any support access is time-bound and auditable.

STORAGE AND CROSS-BORDER TRANSFER

We store Personal Information on our servers or those of our service providers. We may transfer/store Personal Information outside South Africa, including in countries that may not have comparable data-protection laws. Where required, we implement appropriate safeguards (e.g., contractual clauses/adequacy) to ensure a level of protection substantially similar to South African law. Contact us for details of specific transfer mechanisms.

SECURITY

We implement reasonable technical and organisational measures to protect Personal Information against unauthorised access, disclosure, alteration and destruction, and we periodically review these measures. While we strive to protect information, no system is 100% secure. We maintain procedures to address actual/suspected data breaches and will notify you and the Information Regulator where legally required and within required timeframes.

RETENTION

We may retain/process Personal Information if and for as long as: (i) required or permitted by law or contract; (ii) necessary for lawful purposes related to our functions/activities; (iii) reasonably required for evidentiary purposes; or (iv) you consent to a longer period. We consider the nature/sensitivity of data, risk of harm, purposes and alternatives, and legal/tax/accounting requirements when setting retention periods.

ACCURACY AND UPDATES

We take reasonable steps to ensure Personal Information is accurate, complete, not misleading and up to date. Please notify us if any of your information is incorrect or requires updating using the contact details below.

YOUR RIGHTS

Subject to lawful limitations, you may:

  • Request access to your Personal Information;

  • Request correction of inaccurate or incomplete Personal Information;

  • Request deletion where no lawful basis exists for retention/processing;

  • Object to processing based on our legitimate interests where your specific situation justifies it;

  • Request restriction of processing in limited circumstances;

  • Withdraw consent at any time (without affecting prior lawful processing). Withdrawal may limit our ability (or a third party’s ability) to provide certain products/services where consent is required.

DIRECT MARKETING

When you register or use the Website, Solution or Services, you may receive marketing communications from us where lawful. You can opt out at any time using the mechanism in the communication or by contacting us. You may still receive non-marketing communications (e.g., service or regulatory notices).

CHILDREN

Our Services and Solution are intended for business use and are not targeted at persons under 18. We will not knowingly collect Personal Information of children without appropriate, lawful consent.

THIRD-PARTY SITES

This Policy does not apply to third-party websites, applications, products or services that may be linked to/from our Website, Solution or Services. Please review those third parties’ privacy policies.

CONSUMER PROTECTION, POPIA AND OTHER LAWS

Nothing in this Policy is intended to contravene applicable consumer protection laws, data-protection laws (including POPIA) or other laws. To the extent required, provisions must be read as qualified to ensure compliance. No provision: (i) limits liability beyond what law permits; (ii) requires you to assume impermissible risks; or (iii) limits/excludes non-excludable warranties/obligations.

GOVERNING LAW

This Privacy Policy is governed by South African law. If any provision is found illegal, void or unenforceable, it will be deemed deleted and the remainder will continue in full force and effect.

QUERIES, CONTACT DETAILS & INFORMATION REGULATOR

Company: Adaptive Intelligence Technologies (PTY) Ltd
Short name: AI
Registration number: 2017/524137/07
Physical address: Design Quarter, 128 Leslie Ave, Fourways, 2191
Website: www.adaptiveintelligence.co.za
Email (privacy/legal): legal@adaptiveintelligence.co.za

If you believe your data-protection rights have been infringed, please first contact us. If you are not satisfied with our response, you may lodge a complaint with the Information Regulator (South Africa) at POPIAComplaints@inforegulator.org.za and/or enquiries@inforegulator.org.za. If you are outside South Africa, you may contact the appropriate regulator in your country of domicile.