1. Introduction and Application
1.1. This privacy policy ("this Policy") is issued by Alpha AI Automation (Pty) Ltd, registration number 2024/311299/07 ("Alpha AI", "us" or "we"). It regulates how we collect and use the information of our customers ("User" or "you") and sets out your rights in this regard.
1.2. This Policy applies to your use of:
- the websites https://alphaaiauto.org/ and https://www.cubedacademy.com/, including all alphaaiauto.org and cubedacademy.com sub-domains ("Website");
- Alpha AI's web application accessible from https://www.cubedacademy.com/ ("App"); and
- the services we offer through our platform, made available through the App and Website ("Platform" and "Services").
1.3. This Policy creates a legally binding agreement between you and us and applies as soon as you use the Website, App, Platform or Services.
1.4. Your use of the Website, App, Platform and Services is also regulated by the terms available on the Website and App ("Additional Terms"), namely the terms and conditions applicable to Users ("Commercial Terms") and the general browser terms applicable to use of the Website ("Browser Terms"). If there is a conflict between this Policy and the Additional Terms, the following order of precedence applies: (1) the Commercial Terms; (2) this Policy; and (3) the Browser Terms, in so far as they apply to you.
1.5. We respect your right to privacy and implement business practices that comply with applicable law, including the Protection of Personal Information Act 4 of 2013 ("POPI") ("Applicable Law"). This Policy explains how we use and protect your Personal Information in light of Applicable Law.
1.6 Changes to this Policy. We may change this Policy from time to time to reflect changes in law or our business operations. Unless notice is required by Applicable Law, changes may be made without prior notice, but we will notify you of any material changes. The version of this Policy in force each time you use the Website, App, Platform or Services will govern our relationship, and it is your responsibility to review it each time. If you do not agree with this Policy, you must stop using the Website, App, Platform and Services.
2. What is Personal Information?
2.1. "Personal Information" means personal information as defined in Applicable Law, being information that can be used to directly or indirectly identify you. It includes, for example, your name, surname, email address, identity number, contact details, photograph and location.
3. How We Collect Your Personal Information
3.1. We collect Personal Information about you:
3.1.1. directly from you, for example when you sign up for the Website, App, Platform or Services, contact us, or in the course of our relationship with you;
3.1.2. from public sources where you have made your Personal Information public, such as on social media;
3.1.3. from your use of the Website, App or Platform, including any features or resources available on or through them; and
3.1.4. from third parties when you interact with them through the Website, App or Platform, when you interact with us as a result of the Services, or where third parties are required to share it with us.
4. Categories of Personal Information We Process
4.1. General personal details: name and surname, gender, date of birth, age, nationality, language preferences, and identity or passport number.
4.2. Contact details: address, contact number, email address and public social media profile(s).
4.3. User information: Personal Information contained in correspondence, transaction documents, your use of the Services, or other materials we process while providing the Services.
4.4. Consent records: records of consents you have given us, the specific details of each consent, and any withdrawals or refusals of consent.
4.5. Payment details: payment method, information provided by our payment gateway service provider, payment amount, date and reason for payment, and related information.
4.6. Technical data: the type of device, operating system and browser you use to access the Website and App, browser settings, IP address, dates and times of connecting to and using the Website and App, and other technical communications information.
4.7. Account details: username, password, usage data, and aggregate statistical information.
4.8. Content and advertising data: records of your interactions with our online advertising on the websites where we advertise, and records relating to content displayed to you on web pages.
4.9. Views and opinions: any views and opinions you choose to share with us or post publicly about us on social media or elsewhere.
4.10. Children's Personal Information: Personal Information of any User who qualifies as a child under the Applicable Law of the relevant jurisdiction, where necessary to render the Services and with the consent of a parent or guardian (see section 12).
5. Purposes and Legal Bases for Processing
5.1. We process only adequate and relevant Personal Information, and only for the following purposes:
5.1.1. to perform our agreement with you, including providing the Services and access to the Website, App and Platform;
5.1.2. to operate and manage your account or your relationship with us;
5.1.3. to monitor and analyse our business to ensure it operates properly, and for financial management and business-development purposes;
5.1.4. to contact you by email, SMS, push notification or other means to inform you about our Services, unless you have opted out (direct marketing, see section 6);
5.1.5. to form a view of you as an individual and to identify, develop or improve the Website, App, Platform and Services that may interest you;
5.1.6. to carry out market research and surveys, business and statistical analysis, and necessary audits;
5.1.7. to prevent fraud;
5.1.8. to perform other administrative and operational tasks, such as testing our processes and systems and ensuring our security measures are appropriate and adequate; and
5.1.9. to comply with our regulatory, legal and other obligations.
5.2. We may also use your Personal Information for other purposes where the law allows, where you consent, or where it is in the public interest. All processing will be lawful under Applicable Law.
6. Direct Marketing
6.1. We may use your Personal Information to contact you with information about our Services that may interest you. Where you are our customer, we may send you information about our Services and other relevant information using the contact details you have provided.
6.2. We will send direct marketing communications only where you have consented or where otherwise permitted by Applicable Law.
6.3. You may unsubscribe at any time by clicking the unsubscribe link in any direct marketing communication, through your account settings on the Website or App, or by contacting us.
6.4. After you unsubscribe we will stop sending direct marketing communications, but we will continue to contact you where necessary in connection with providing the Services or running our business.
7. Disclosure of Personal Information to Third Parties
7.1. We keep your Personal Information confidential and share it only as set out in this Policy, with your consent, or where the law requires.
7.2. We may disclose your Personal Information to:
7.2.1. our business partners and third-party processors so that we can provide you with the Website, App, Platform and Services, such as data storage providers and payment processors, under written agreements;
7.2.2. legal and regulatory authorities, on request or to report a breach of Applicable Law;
7.2.3. any relevant party to the extent necessary to establish, exercise or defend legal rights, or in connection with criminal offences or threats to public security;
7.2.4. any relevant third party if we sell or transfer all or part of our business or assets; and
7.2.5. any relevant third-party provider where the Website, App or Platform uses third-party advertising, plugins or content.
8. Social Media Integrations and Third-Party Links
8.1. Social media. The Website and App may connect to social media websites or apps, including (but not limited to) TikTok and WhatsApp. If you choose to use the Website or App for social media integration, we will share your Personal Information with the relevant social media website or app.
8.2. Third-party links. The Website, App and Platform may contain links to other apps or third-party websites that are not under our supervision. We provide these links to help you find information on specific subjects but accept no responsibility for the privacy practices or content of those sites. Your use of and reliance on these links is at your own risk.
9. Security and Security Breaches
9.1. We implement reasonable technical and organisational measures to protect your Personal Information against loss, damage, unauthorised access and unlawful processing.
9.2. The internet is an open and often vulnerable system, and the transfer of information over the internet is not completely secure. Although we implement all reasonable measures to protect Personal Information, we cannot guarantee the security of information you transmit to us over the internet. You acknowledge and agree that any such transfer is at your own risk, and you are responsible for ensuring that any Personal Information you send is sent securely.
9.3. 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 affected.
9.4. If you have concerns about our privacy practices or suspect a breach involving your Personal Information, please notify us at support@alphaaiauto.org.
10. Retention of Information
10.1. We take every reasonable step to ensure your Personal Information is processed only for the minimum period necessary for the purposes set out in this Policy.
10.2. We retain Personal Information for the periods required by Applicable Law or for legitimate business purposes, and only for the purposes explicitly set out in this Policy.
10.3. We may keep Personal Information indefinitely in a de-identified format for statistical purposes, for example statistics on how you use the Website, App, Platform and Services.
10.4. We may retain your Personal Information for as long as necessary to establish, exercise or defend legal rights.
10.5. This Policy continues to apply for as long as we retain your Personal Information.
11. Children's and Special Personal Information
11.1. We do not intentionally collect or use children's Personal Information, other than to provide the Services to Users who are children, without the consent of a parent or guardian, unless the User is capable of consenting to the processing of their own Personal Information under the Applicable Law of their jurisdiction.
11.2. We do not intentionally collect or process special or sensitive Personal Information, and will do so only with consent or where allowed by Applicable Law.
12. Your Legal Rights
12.1. Subject to Applicable Law, you have the following rights in respect of your Personal Information:
12.1.1. Right of access: to be informed of, and to request access to, the Personal Information we process about you;
12.1.2. Right to rectification: to request that inaccurate or incomplete Personal Information be corrected or updated;
12.1.3. Right to erasure: to request that we delete your Personal Information, subject to applicable limitations and exceptions;
12.1.4. Right to restrict processing: to request that we temporarily or permanently stop processing your Personal Information;
12.1.5. Right to object: to object to our processing of your Personal Information, including processing for direct marketing purposes (see section 14); and
12.1.6. Right not to be subject to automated decision-making: where a decision with a legal or other significant effect is based solely on automated processing, including profiling, to request that your Personal Information not be processed in that manner.
12.2. Where our processing is based on your consent, you may withdraw that consent at any time. We may continue to process your Personal Information where another legal justification exists.
13. Quality and Access to Your Information
13.1. Quality. We want your Personal Information to be accurate and up to date. You may ask us to correct or remove information you believe is inaccurate by emailing support@alphaaiauto.org.
13.2. Access. You may request a copy of the Personal Information we hold about you by contacting us directly or emailing support@alphaaiauto.org. Your request may be treated as an access to information request under Applicable Law, and we may require you to verify your identity, specify the rights you wish to exercise, and pay a fee.
13.3. Your right of access may be further limited by Applicable Law.
14. Right to Object
14.1. You may, on reasonable grounds, object to our use of your Personal Information for certain purposes. If you object, we will stop using your Personal Information unless Applicable Law allows its use.
14.2. To exercise this right or to discuss it with us, please contact us at support@alphaaiauto.org.
15. Lodging a Complaint
15.1. If you wish to raise an objection or have queries about our privacy practices, you may contact our data protection officer at support@alphaaiauto.org.
15.2. You also have the right to lodge a complaint with the regulator under Applicable Law:
- Applicable Law: POPI
- Regulatory authority: The Information Regulator
- Website: http://www.justice.gov.za/inforeg/index.html
- Address: SALU Building, 316 Thabo Sehume Street, Pretoria
- Tel: 012 406 4818
- Fax: 086 500 3351
- Email: inforeg@justice.gov.za
16. Legal Disclosure
16.1. Owner of the Website, App and Platform: Alpha AI Automation (Pty) Ltd (trading as "Alpha AI"), company registration number 2024/311299/07.
16.2. Legal status: Alpha AI is a private company duly incorporated under the laws of the Republic of South Africa.
16.3. Director: Thobile Bengane.
16.4. Main business: Alpha AI designs and builds custom AI-driven automation solutions to streamline business workflows, automate repetitive tasks and connect digital tools for maximised productivity.
16.5. Email: support@alphaaiauto.org.
16.6. Website: https://alphaaiauto.org/.