Privacy Notice, Access and Data Protection:

1. Introduction
   1. We have partnered with CliqTech (Proprietary) Limited, with registration Number 2018/623557/07 of 4 Los Angeles Drive, Northcliff, Johannesburg, 2195 (hereafter referred to as “Digital Will”, “we”, “us”, “our” ) recognises the importance of protecting your privacy in respect of your Personal Information that we collect when you use our Website and/or our Services and/or our System.
   2. In adopting this Privacy Policy, we wish to create a balance between protecting our legitimate business interests and meeting your reasonable expectation of privacy. Accordingly, we will take reasonable steps to prevent unauthorised access to or disclosure of your Personal Information. However, we do not guarantee that your Personal Information will be 100% secure.
   3. In this Privacy Policy, capital letters are used for all terms defined in the Protection of Personal Information Act, 4 of 2013, as amended, and in this Privacy Policy, and –
      1. Anonymise means to delete any information that (i) identifies you; or (ii) can be used or manipulated to identify you, or (iii) can be linked to other information that identifies you;
      2. Platform means the proprietary digital platform, including software (made available on the Website) owned by and/or licensed to us, that enables users to access their Digital Will Content or User Content in order to generate bespoke Wills electronically and use other functionalities that may be made available from time to time;
      3. Personal Information means any information about you as defined in the Protection of Personal Information Act, 4 of 2013, as amended;
      4. Process means collecting, recording, organising, storing, updating or modifying, retrieving, consulting, using, disseminating, distributing or making available in any form, merging, linking, blocking, erasing or destroying information;
      5. Services means the Platform, Website, Content and cover for the fees and tax’s of estates, as well as executer fees, estate planning advice, the ability to safely and securely store users original signed Wills, including other services that may be made available from time to time; and
      6. Digital Will Content means any information, data, opinions, images, documents, text, features or other materials that we make available on the Website for whatever purpose, but specifically excluding User Content;
      7. Website means the current Digital Will you are utilizing to create your Will.
   4. By accessing, browsing or using our Website or any of our Services, you consent to the data practices as described in this Privacy Policy and you acknowledge that you have read, understood and agree to be bound by the terms and conditions provided both on our Website and in this Privacy Policy.
2. Why do we Process your Personal Information and what types of Personal Information do we Process?
   1. It may be necessary for us to Process your Personal Information for any of the following reasons:
      1. To carry out actions for the conclusion or performance of our contract with you and/or give you access to our Website and/or Digital Will Content
      2. To carry out a request that you made
      3. To protect our legitimate business interest
      4. To protect your legitimate interest
      5. To comply with an obligation imposed on us by law
   1. We may collect and Process Personal Information relating to, among other things:
      1. Registration to use the Services. To access the Services, you need to register an account with us. We collect information when, for example, you register and create your profile, subscribe to newsletters, request quotations, participate in social media and enter competitions. Your Personal Information may include your first name, last name, employment particulars, business entity particulars, e-mail address, physical address and telephone number. Once you have created your profile, you are able to add, remove and/or update your Personal Information. You agree to ensure that the information you provide remains accurate and up to date.
      2. Use of Services. We collect information when you use our Services (for example, the information you type into the questions that enable us to generate a bespoke Will for you on our Website). It is important to note that if you provide a third party’s Personal Information, you warrant that you have obtained such third party’s consent to do this and that you have directed such third party to this Privacy Policy.
      3. Surveys and Statistical Profiles. We collect information when you participate in one of our customer care surveys to facilitate the improvement of our service standards. When we conduct a survey, we will inform you on how the information gathered will be used and will provide you with the opportunity to opt-out from such surveys. Notwithstanding the foregoing, we may choose to use Personal Information to compile profiles for statistical purposes and may choose to trade with such profiles and statistical data, as long as the profiles or statistical data cannot be linked to any specific data subject, including you, by a third party.
      4. E-mail. We collect information when we communicate with you by e-mail and chatbot.
      5. Log information. We collect technical and log information, for example, your IP address, device identifiers, language preference, date of access and time stamp, web browser and operating system details, pages you visited on our Website and page interaction information.
   2. Cookies. We collect information relating to cookies, pixels, LocalStorage and software development kits.
      1. The specific names and types of cookies and similar technologies we use may change as we improve and update our Services. Generally, a website uses cookies, pixels, LocalStorage and software development kits (“Cookies and Similar Technologies”) as standardised ways to remember things about you, for example, your preferences, information needed to perform security checks and analytics, details to recognise you as a unique user (and which are used to help you navigate the pages and have optimal access to functionalities and services), and details to authenticate you/other authorised users when you/they login so that only you/other authorised users can view website information specific to you/other logged-in users.
      2. Cookies are pieces of information (for example, about your browsing habits) that a website stores on your personal computer/device, in this way building a relationship between you and that specific website. LocalStorage also stores information on your personal computer/device, and the data collected is not automatically destroyed once the session terminates, unless a Javascript code clears it or you clear your browser cache or change your browser settings. Cookies are mainly read by a server (the server that hosts the website), whereas LocalStorage can be read only by the client (the web browser viewing the website).
      3. Cookies can be “persistent” or “session” cookies. Persistent cookies stay on your hard drive for a set period of time or until you delete them, whereas session cookies are deleted once you close your browser.
      4. We may place Cookies and Similar Technologies on your browser to store and sometimes track information about you (“First-Party Cookies”), or others may place Cookies and Similar Technologies (“Third-Party Cookies”) on your browser. Alternatively, we may use other analytics implementations.
      5. Different web browsers provide different degrees of control over Cookies and Similar Technologies. While most browsers are initially set up to accept cookies, you can reset your browser to refuse all cookies or indicate when a cookie is being sent. Please note that some parts of our Website and/or Services may not function properly if you refuse Cookies and Similar Technologies.
   3. Analytics services by third parties
      1. Our Website’s analytics services are provided by Hotjar (see www.hotjar.com) & Google Analytics.
      2. Categories of data that we may collect include device IP, device screen resolution, device type, browser type, operating system, geographic location, preferred language, mouse events, key presses, pages visited and dates and times of Website visits.
      3. You can prevent Hotjar cookies from being stored by setting your browser software. Please refer to the procedure that Hotjar describes at https://www.hotjar.com/legal/compliance/opt-out. If you have any difficulties following this link or get an error message if you click on this link, please contact us at [email protected] for assistance.
3. With whom will we share your Personal Information?
   1. Employees and others. We may share your Personal Information with selected employees, subcontractors, agents, consultants and subsidiaries as well as certain trusted third-party service providers who assist us in providing the Services to you. Subject to reasonable confidentiality obligations, your Personal Information will only be disclosed to such persons on a need-to-know basis.
   2. Third parties. We may share your Personal Information with a third party in the following instances: if we are required to do so by law; if we need to comply with a legal process or governmental request; if it is necessary for investigating suspected illegal activities; in connection with a transfer or sale of our business; and/or if it is necessary to protect and defend the rights and/or property or safety of our business or of a third party.
   3. Communication interceptors. In terms of the Regulation of Interception of Communications Act, 70 of 2002, as amended, (“RICA”), Digital Will or any other competent authority may intercept your use of and communication on our Website or with us, and you agree to this.
4. When will we Process your Personal Information?
   1. We may Process your Personal Information at different times, for example, when –
      1. you register/sign up for the Services;
      2. we carry out product research;
      3. you browse the Website; and
      4. you use our Services.
   2. Third-party links. You acknowledge that third parties that have links on our Website may also collect your Personal Information. Links to third-party websites are provided "as is", and we do not necessarily agree with, edit or sponsor the content on Third Party Websites. You agree that the information processing practices of those third parties are neither under our control nor regulated by this Privacy Policy and that we cannot accept liability for such practices. Please make sure that you are aware of third parties’ particular information processing practices.
5. How will we use your Personal Information?
   1. We may use your Personal Information –
      1. to provide our Services to you;
      2. to create and administer your account and customise your experience on our Website;
      3. to provide you with notifications and/or reminders relating to the Services;
      4. for security, administrative and legal purposes;
      5. for customer relations purposes;
      6. for the purpose of website analytics;
      7. to assist us in any future dealings with you;
      8. to ensure network and information security;
      9. to prevent and detect fraud and other criminal offences;
      10. for use during legal proceedings;
      11. to provide technical and other support to you;
      12. to host and maintain our Website and Services;
      13. to do marketing;
      14. for internal operations and administrative purposes; and
      15. as otherwise legally permitted.
6. For how long will we retain your Personal Information?
   1. We will keep your Personal Information only for as long as it is necessary to achieve the purpose for which it was collected or subsequently Processed, unless the requirements are different in instances as set out below.
      1. Law. We are required or authorised by law to keep your Personal Information for a longer period.
      2. Lawful purposes. We require the Personal Information for lawful purposes relating to our functions or activities.
      3. Legal rights. We require the Personal Information to exercise or defend our legal rights.
      4. Statistics. We require the Personal Information for historical, statistical or research purposes (such information will be anonymised).
      5. Contractual. We require the Personal Information as a result of our contract with you.
7. Where will we store your Personal Information?

   We will store your Personal Information on our secure servers that are located in the Republic of South Africa as well as in Europe and the United States of America where it will be protected from unauthorised access. All payment transactions will be processed securely through Peach Payments.

8. For how long will your Personal Information be stored?

   Your information will not be stored for longer than is necessary for the purposes of performing the Services and/or our contractual obligations to you or as required by applicable legislation or law.

9. How will we handle the trans-border flow of Personal Information?

   We currently do not need to Process your Personal Information outside the borders of South Africa in order to provide our products and Services to you. When Personal Information is processed in other countries, we will ensure that the level of protection of your Personal Information will be the same as or higher than in South Africa, as required in terms of South African law.

10. Can we guarantee the security of your Personal Information?
    1. Keeping secure all the Personal Information associated with you is of the utmost importance to us. While we exercise great care in providing secure transmission of your Personal Information, no data transmission over the Internet can be guaranteed to be 100% secure.
    2. Although we cannot guarantee the security of any information you transmit to or from our Website, we will take all reasonable measures to ensure that the information you transmit to us using our Website will remain confidential and protected from unauthorised access.
11. How will our marketing efforts affect you?
    1. You agree that we may periodically send you, to the e-mail address you provided to us, e-mails about materials, services, products or promotions that we and our advertisers offer.
    2. If you wish you can opt out of receiving marketing e-mails by following the “unsubscribe” instructions inside the e-mail. Further, you can opt out of any marketing communication by sending a request to [email protected].
    3. The Website uses Google AdWords & Facebook Remarketing Tags: to advertise on third party websites to previous visitors to our Website. It could mean that we advertise to previous visitors who have not completed a task on our Website, for example visiting the Digital Wil but not completing the registration page. This could be in the form of an advertisement on the Google search results page, a site in the Google Display Network, or somewhere on Facebook. Third-party vendors, including Google and Facebook, use cookies to serve advertisements based on someone’s past visits to the Website. Of course, any data collected will be used in accordance with our privacy policy, as well as Google & Facebook’s privacy policies. You can opt-out of remarketing by visiting the link below: To Opt Out click: http://optout.aboutads.info/?c=2&lang=EN
12. What are your rights relating to your Personal Information that we hold?
    1. You can exercise any of the following choices:
       1. Amount of information. Limit the amount of information you provide to us, keeping in mind that certain of our Services may not function properly with limited information. You can add, remove and/or update your Personal Information inside your user profile on our Website, or you can contact [email protected] for assistance.
       2. Cookies. Set your browser to reject cookies, keeping in mind that this may cause certain of our Services not to function properly.
       3. Opt out. Opt out of any marketing communication from us, keeping in mind that we will still be sending you a few necessary accounting and legal notices.
       4. Terminate. Close your account with us, keeping in mind that we may still be required or authorised by law to retain some of your information.
    2. You have the following rights relating to your Personal Information that we Process:
       1. Information. You can request that we give you information about your Personal Information that we hold and/or Process. (Applications must be made in terms of the Promotion of Access to Information Act, 2 of 2000, as amended (“PAIA”).
       2. Correct or delete. You can request that we correct or delete your Personal Information or parts thereof that are, in your opinion, inaccurate, irrelevant, excessive, out of date, incomplete, misleading or obtained unlawfully.
       3. Objection. You can object to the further Processing of your Personal Information (or specific parts thereof).
13. What are the limitations to our liability to you – please read carefully.
    1. We undertake to protect your Personal Information to the extent required by applicable law.
    2. We will take all reasonable steps to prevent unauthorised access to or disclosure of your Personal Information. However, we do not guarantee that your Personal Information will be 100% secure.
    3. If there has been any unauthorised access to your Personal Information, we will notify you as soon as is reasonably possible, subject to the legitimate needs of law enforcement or any criminal investigation. However, we will not be liable for any loss suffered by you as a result of our failure to notify you.
    4. You agree that the notification referred to in 12.3 will be in writing and sent to your last known e-mail address.
    5. We will not be liable for any loss suffered by you as a result of any unauthorised person gaining access to your Personal Information.
    6. We may compile profiles for research and/or statistical purposes and may trade with such profiles and related statistical data. While we will delink your identity from the data and attempt to ensure that the profiles or statistical data cannot be linked to you, we do not guarantee that third parties may not be able to link such profiles and statistical data to you. You hereby indemnify us against any loss suffered by you arising from or in relation to any third party being able to link such profiles and statistical data to you.
14. What if there are changes to our Privacy Policy? Any changes we make to this Privacy Policy will be published on our Website. It remains your responsibility to check the Website from time to time and to refer to the “Effective Date” at the beginning of the Privacy Policy. If you continue using our Services after the Effective Date, it means that you consent to the amended Privacy Policy.
15. How can you contact us? If you have a question about this Privacy Policy or you would like to contact us about any of your rights, please send an e-mail to [email protected].