Last updated: 16 August 2019
All clauses in these Terms displayed in parenthesis are provisions which limit the risk or liability of KMI and KMG and constitute an assumption of risk or liability by you, impose an obligation on you to indemnify KMI and KMG or is an acknowledgement of a fact by you. Please read these clauses carefully before agreeing to these Terms.
1.2. We make the Platform and Services available to you as a result of your relationship or affiliation with a specific organisation, such as your employer, school, university or other institution, which is a client of ours or of our value added resellers (and referred to in this Policy as the "Client"). Your use of the Platform and Services is also subject to any agreement between you and the Client (like your employment agreement or company policies for example).
1.3. Your use of the Platform and Services will be regulated by this Policy as well as the terms and conditions of use applicable to Users of the Platform and Services available at https://www.knowledgementoring.com/user-terms ("the App User Terms") and any agreement between you and the Client (collectively, the "Additional Terms"). If there is a conflict between this Policy and the Additional Terms, the following order of preference will be applied in respect of applying such terms: (1) the App User Terms; (2) this Policy; and (3) any agreement between you and the Client.
1.4. Where you are based in Africa, your agreement is with Knowledge Mentoring Institute Proprietary Limited (South African company registration number 1998/022535/07), with its registered address at 493 Rooibekkie Crescent, Featherbrooke Estate, Johannesburg, South Africa, 1746. For all Users based outside of Africa, your agreement is with Knowledge Mentoring (Global) Limited (United Kingdom company registration number 11771555, with its registered address at 115c Milton Road, Cambridge, CB4 1XE.
1.5. Changes to this Policy: unless notice is required by any applicable laws, we may change the content of this Policy from time to time in line with any changes that the law or our internal business operations require, without prior notice. However, we will notify you of any material changes to this Policy. The current version of this Policy that applies each time you visit and/or use our Platform and Services will regulate our relationship. It is your responsibility to consider the Policy each time you visit the Platform. If you do not agree with any terms of this Policy, you must stop using the Platform and Services.
1.6. The right to privacy and this Policy is important to us. We are committed to taking steps to protect your privacy when you use the Platform and Services and we therefore implement business practices that comply with applicable laws, including the Protection of Personal Information Act, 4 of 2013 ("POPI") and the General Data Protection Regulation ((EU) 2016/679) ("GDPR") (collectively, "Applicable Law"). In this Policy, we explain how we will use and protect your Personal Information.
2. PERSONAL INFORMATION
Where we refer to "Personal Information" in this Policy, we mean personal information as defined in Applicable Law, being information that may be used to directly or indirectly identify you. Personal Information includes, for example, your name, surname, email address, identity number, contact details, photograph and location.
3. COLLECTING YOUR PERSONAL INFORMATION
We collect Personal Information about you from the following sources:
3.1. directly from the Client when they provide it to us so that you can access the Platform and Services;
3.2. you when you provide it to us, contact us or during our relationship with you;
3.3. from public sources where you have made your Personal Information public, such as on social media;
3.4. from your use of our Platform or use of any features or resources available on or through our Platform; and
3.5. from third parties when you interact with them through the Platform or your interaction with us as a result of the Services or as required of third parties to share it with us.
4. CATEGORIES OF PERSONAL INFORMATION THAT WE PROCESS
4.1. General personal details: your first name and last name, "known as" name, country and region.
4.2. Contact details: your mobile number and email address.
4.3. Client-related information: the Client and User Group within the Client's entity that you are affiliated with and the division and/or team that you are part of.
4.4. Usage, Collaboration and Engagement Analytics: actual usage data, and aggregate statistical information resulting from your use of the Platform and Services, engagement analytics and related materials for monitoring purposes and reporting on group effectiveness and knowledge exchange as agreed with the Client.
4.5. Consent records: records of any consents you have given us in respect of using your Personal Information and any related information, such as the specific details of the consent. We will also record any withdrawals or refusals of consent.
4.6. Data relating to our Platform: such as the App version number (for technical support reasons), frequency and activity records of collaborations and engagement dates, times of connecting to and using the Platform, and other technical communications information.
4.7. Cookies and other technologies: we use these technologies to respond to interactions and queries from users.
4.8. Views and opinions: any views and opinions that you choose to share with us, or publicly post about us on the Google Play Store or Apple App store, social media platforms or elsewhere.
4.9. Children's Personal Information: Personal Information of any user that qualifies as a child in terms of the Applicable Law of the User's jurisdiction necessary for us to render the Services and with the consent of a parent or guardian. We will only process the Personal Information of children with the consent of a parent or guardian of that child where required in terms of Applicable Law.
5. PURPOSES OF PROCESSING PERSONAL INFORMATION
5.1. We only process adequate and relevant Personal Information for the following purposes and legal bases:
5.1.1. to perform in terms of our agreement with the Client and you (provide you with the Services and access to the Platform);
5.1.2. operate and manage your account or your relationship with us;
5.1.3. monitor and analyse our business to ensure that it is operating properly, for financial management and for business-development purposes;
5.1.4. contact you by email, SMS, push notifications or other means to inform you about our Services;
5.1.5. form a view of you as an individual and to identify you;
5.1.6. to develop or improve the Platform and Services by analysing use of the Platform and Services;
5.1.7. carry out market research and surveys, business and statistical analysis and necessary audits;
5.1.8. fraud prevention;
5.1.9. perform other administrative and operational tasks like testing our processes and systems and ensuring that our security measures are appropriate and adequate; and
5.1.10. comply with our regulatory, legal or other obligations.
5.2. In addition to the above purposes, we may use your Personal Information for other purposes if the law allows for it, if you consent to it, or if it is in the public interest to do so. All purposes for the processing of your Personal Information will be legal in terms of Applicable Law.
6. DISCLOSURE OF PERSONAL INFORMATION TO THIRD PARTIES
6.1. We will keep your Personal Information confidential and only share it with others in terms of this Policy, or if you consent to it, or if the law requires us to share it. We may disclose your Personal Information to:
6.1.1. the Client in terms of our agreement with them;
6.1.2. our business partners, value added resellers, or third party processors in order to provide you with access to the Platform and/or Services, such as data storage service providers, in accordance with written agreements;
6.1.3. legal and regulatory authorities, upon their request, or for the purposes of reporting any breach of Applicable Law;
6.1.4. accountants, auditors, lawyers and other external professional advisors in terms of written agreements with them;
6.1.5. any relevant party to the extent necessary for the establishment, exercise or defence of legal rights, criminal offences, threats to public security, etc.;
6.1.6. any relevant third party if we sell or transfer all or any portion of our business or assets; and
6.1.7. any relevant third party provider where our Platform uses third party advertising, plugins or content.
6.2. If we engage third party processors to process your Personal Information, the processors will only be appointed in terms of a written agreement which will require the third party processors to only process Personal Information on our written instructions, use appropriate measures to ensure the confidentiality and security of your Personal Information and comply with any other requirements set out in the agreement and required by Applicable Law.
7. INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION
7.1. Due to the nature of the Services and our business being established in different countries, we may need to transfer Personal Information to and from the different countries for various business purposes, including data storage purposes.
7.2. We may transfer your Personal Information to recipients in other countries, which may include the Client or other users. We will only transfer Personal Information to third parties in countries with adequate data protection laws or do so in terms of a written agreement with the recipient which imposes data protection requirements on that party as required by Applicable Law.
7.3. Please note that when you transfer any Personal Information directly to a third party in another country (i.e. we do not send your Personal Information to the third party), KMI and KMG are not responsible for that transfer of Personal Information (and such transfer is not based on or protected by this Policy). Any Personal Information that we receive from a third party country will nevertheless be processed in terms of this Policy.
8.1. We have implemented appropriate technical and organisational security measures designed to protect Personal Information against accidental or unlawful destruction, loss, alteration, disclosure, access and other unlawful or unauthorised forms of processing. These measures are in accordance with Applicable Law.
8.2. The internet is an open and often vulnerable system and the transfer of information via the internet is not completely secure. Although we will implement all reasonable measures to protect Personal Information, we cannot guarantee the security of your Personal Information transferred to us using the internet. Therefore, you acknowledge and agree that any transfer of Personal Information via the internet is at your own risk and you are responsible for ensuring that any Personal Information that you send is sent securely.
9. YOUR LEGAL RIGHTS
9.1. You have certain rights in relation to your Personal Information. As available and except as limited under Applicable Law, you have the following rights in respect of your Personal Information:
9.1.1. right of access: the right to be informed of and request access to the Personal Information that we process about you;
9.1.2. right to rectification: you may request that your Personal Information be amended or updated where it is inaccurate or incomplete;
9.1.3. right to erasure: the right to request that we delete your Personal Information, subject to applicable limitations and exceptions;
9.1.4. right to restrict processing: you may request that we temporarily or permanently stop processing your Personal Information;
9.1.5. right to object:
184.108.40.206. you may object to us processing your Personal Information; and
220.127.116.11. to your Personal Information being processed for direct marketing purposes;
9.1.6. right to information portability: you may request a copy of your Personal Information and request that information to be transmitted for use by another person; and
9.1.7. right not to be subject to automated decision-making: where a decision that has a legal or other significant effect is based solely on automated decision making, including profiling, you may request that your Personal Information not be processed in that manner.
9.2. Where you have provided consent for us to process your Personal Information, you may also withdraw your consent where our processing is based on your consent. However, we may continue to process your Personal Information if another legal justification exists for the processing.
10.2. In some instances, we collect and store information about your location through mobile GPS data and create a rough geo-location, and we may use location information to improve and personalise the Platform and Services for you. This has important benefits for monitoring the knowledge needs and collaborations amongst large and widely dispersed groups of users.
11. LINKS ON OUR PLATFORM
Our Platform may include links to other apps or third party websites which do not fall under our supervision. We cannot accept any responsibility for your privacy or the content of these third party sites, but we display these links in order to make it easier for you to find information about specific subjects. Your use of and reliance on these links is at your own risk.
12. RIGHT TO OBJECT
You may, on reasonable grounds, object to us using your Personal Information for certain purposes. If you object, we will stop using your Personal Information, except if Applicable Law allows its use. To exercise this right or to discuss it with us, please contact us on email@example.com. If we stop processing certain of your Personal Information, this may have a material impact on your ability to continue using the Platform or Services successfully.
13. CHILDREN'S INFORMATION AND SENSITIVE / SPECIAL PERSONAL INFORMATION
13.1. We do not intentionally collect or use children's Personal Information (for purposes other than providing the Services to Users that are children) without the consent of a parent or guardian of the child unless the User is capable of consenting to the processing of his/her Personal Information in terms of the Applicable Laws in his/her jurisdiction.
13.2. Similarly, we do not intentionally collect or process special / sensitive Personal Information and will only do so with consent or if allowed by Applicable Law.
14. QUALITY AND ACCESS TO YOUR INFORMATION
14.1. Quality: we want to ensure that your Personal Information is accurate and up to date. You may ask us to correct or remove any Personal Information that you think is inaccurate, by sending us an email on firstname.lastname@example.org.
14.2. Access: you have the right to request that we provide you with Personal Information that we hold about you. You must contact us directly to do so or send an email to email@example.com. This request may be subject to an access to information request in terms of Applicable Laws and may require you to verify your identity, identify the rights you are wishing to exercise and pay a fee.
14.3. The right to access your Personal Information may further be limited in terms of Applicable Law.
15. RETENTION OF INFORMATION
15.1. We take every reasonable step to ensure that your Personal Information is only processed for the minimum period necessary for the purposes set out in this Policy.
15.2. We retain Personal Information in accordance with the required retention periods in Applicable Law or for legitimate business purposes. We will only retain your Personal Information for the purposes explicitly set out in this Policy. We may keep Personal Information indefinitely in a de-identified format for statistical purposes, which may include for example statistics of how you use the Platform and Services.
15.3. This Policy also applies when we retain your Personal Information.
15.4. We may retain your Personal Information for the duration of any period necessary to establish, exercise or defend any legal rights.
16. SECURITY BREACH
We will report any security breach to the applicable regulatory authority in terms of Applicable Law and to the individuals or companies whose Personal Information is involved in the breach. If you want to report any concerns about our privacy practices or if you suspect any breach regarding your Personal Information, kindly notify us by sending an email to firstname.lastname@example.org.
17. LODGING A COMPLAINT
17.1. If you want to raise any objection or have any queries about our privacy practices, you can contact our data protection officer on email@example.com.
17.2. You also have the right to formally lodge a complaint in terms of applicable laws as follows:
Applicable Law Regulatory authority name Contact details
POPI The Information Regulator Website: http://www.justice.gov.za/inforeg/index.html
Address: 33 Hoofd Street, Forum III, 3rd Floor Braampark, Braamfontein, Johannesburg, South Africa
Tel: 012 406 4818
Fax: 086 500 3351
GDPR The European Commission Online complaint procedure: https://ec.europa.eu/info/about-european-commission/contact/problems-and-complaints/how-make-complaint-eu-level/submit-complaint_en
Address: European Commission, Secretary-General
B-1049 Brussels, BELGIUM
18. LEGAL DISCLOSURE
18.1. Global Platform owner and IP developer: Knowledge Mentoring Global Limited (trading as "KMG"), registered in the United Kingdom, with company registration number 11771555.
18.2. South African Platform owner and licenced developer: Knowledge Mentoring Institute Proprietary Limited (trading as "KMI"), registered in South Africa with company registration number 1998/022535/07.
18.3. Legal status: KMI is a private company, duly incorporated in terms of the applicable laws of the Republic of South Africa and KMG is a private limited company, duly incorporated in the United Kingdom.
18.4. Director: P Marsh.
18.5. Description of main business of KMI and KMG: KMI and KMG are niche innovators and developers of mobile app-based knowledge mentoring technology solutions and responsive web-mobile supporting administration consoles and analytic dashboards. KMI and KMG change the way that large learning-organisations and dispersed knowledge-hungry communities share and leverage knowledge.
18.6. Email address: firstname.lastname@example.org.
18.8. Physical and registered address:
18.8.1. South Africa: 493 Rooibekkie Crescent, Featherbrooke Estate, Johannesburg, South Africa, 1746.
18.8.2. United Kingdom: 115c Milton Road, Cambridge, CB4 1XE.
18.9. Postal address:
18.9.1. South Africa: PO Box 108, Featherbrooke Estate, 1746 Gauteng, South Africa.
18.9.2. United Kingdom: 115c Milton Road, Cambridge, CB4 1XE.