Privacy Policy for South Africa
This Privacy Policy is tailored specifically for individuals in South Africa, serving as a modified version of our standard Privacy Policy to comply with the Protection of Personal Information Act (POPIA).
This statement is issued by the WhaTalker Group, encompassing all affiliated entities listed herein (collectively referred to as “WhaTalker,” “we,” “us,” or “our”).
WhaTalker’s Data Privacy Pledge
At WhaTalker, safeguarding your privacy has been at the heart of our operations since our inception—long before privacy became a trending issue or a regulatory requirement. We collect only the essential information needed to run our business and fulfill specific transactions. We believe in complete transparency by informing you about the data we hold and offering you the choice to opt out of certain processes. Importantly, our revenue is not derived from advertising—past, present, or future—allowing us to steer clear of conflicts between data collection and ad-driven revenue that can compromise your privacy.
The purpose of this policy is to clearly outline what data we collect, how we use it, and what we deliberately choose not to do with it. While this document is more detailed than we might like, it is necessary to cover all relevant aspects thoroughly. We have worked hard to keep the language as clear and straightforward as possible.
Scope of this Privacy Policy
This Privacy Policy applies to all WhaTalker websites that refer to it, as well as to the products and services we provide through these sites, our mobile applications, and any applications available through WhaTalker’s online marketplace or other third-party platforms. It does not extend to any separate sites, products, or services that maintain their own privacy policies.
Our Privacy Policy is divided into three parts
Section A – Information WhaTalker Collects and Manages
This section details how we gather and utilize data from website visitors, prospective customers, users of our products and services, and individuals contacting us via forms or provided email addresses.
Section B – Data Processed on Your Behalf by WhaTalker
This section explains how we handle data that you entrust to us when you use our products and services or when you share personal or confidential information while seeking customer support.
Section C – General Provisions
This section addresses topics relevant to both Parts I and II, including our security practices and the process by which we will notify you of any significant updates to this Privacy Policy.
Section A – Information WhaTalker Collects and Manages
What Data We Collect
At WhaTalker, we only gather data when it serves a legitimate purpose. We obtain information about you in one of three ways: (a) you provide it directly, (b) it is automatically captured as you interact with our services, or (c) it is received from a trusted third party. The sections below outline the circumstances corresponding to each of these methods and the specific types of data we collect in each case.Data You Directly Provide
Account Registration
When you register for an account to access one or more of our services, we request details such as your full name, contact number, email address, company name, and country to complete the registration process. You will also be prompted to select a unique username and password for account access. While optional, you may choose to share additional details such as profile picture, time zone, and language preferences. After registration, you can further secure your account by selecting a security question and providing its answer; these will only be used for password recovery purposes.Event Registrations and Form Submissions
We capture the information you provide when you register for events (such as webinars or seminars), subscribe to our newsletters or mailing lists, download products, whitepapers, or other materials, participate in contests or surveys, or contact us for customer support, quotations, or other inquiries.Payment Processing
When making a purchase, you are required to provide your name, contact details, and payment information. We record the cardholder’s name, billing address, expiration date, and the last four digits of your credit card number, while the full card number is not stored by us. With your permission, your payment information may be securely stored in an encrypted format on the servers of our trusted Payment Gateway Service Providers for faster processing of future transactions.Testimonials
If you authorize us to share testimonials about our products and services, we may include your name and other personal details in the testimonial. You will have the opportunity to review and approve the testimonial prior to its publication, and you can request updates or deletions by contacting us directly at privacy@whatalker.com Interactions with WhaTalker: We may record, analyze, and use your interactions with our team—including emails, phone calls, and live chat sessions—to enhance our services and improve your overall experience with WhaTalker.Information Collected Automatically
Browser, Device, and Server Data
Whenever you visit our websites, we capture details made available by your web browser, mobile device, or server. This includes data such as your IP address, browser type, preferred language, time zone, referring URL, date and time of access, operating system, device manufacturer, and mobile network details. We keep these records in our log files to gain insights into site visitors.Cookies and Other Tracking Technologies
We utilize both temporary and persistent cookies to identify users and enhance their experience on our services. Our downloadable products also include unique identifiers that help us track product usage. Additionally, we deploy cookies, beacons, tags, scripts, and comparable technologies to recognize visitors, analyze navigation patterns, gather demographic information, evaluate email campaign success, and tailor our engagement with you by monitoring your activity on our websites. We focus primarily on first-party cookies and avoid the use of non-essential or intrusive third-party cookies and tracking scripts. More information about our cookies can be found on our website, as well as our stance against non-essential third-party tracking. We also employ local storage objects (LSOs) such as HTML5 to store certain content and preferences, enabling specific features.Application Logs and Mobile Analytics
We gather information regarding your usage of our products, services, and mobile apps through application logs and our internal analytics tools. This includes the clicks and scrolls you make, features you interact with, times and frequencies of use, any errors encountered, performance metrics, amount of storage used, your configuration settings, as well as the devices (and, in some cases, locations) from which you access our services. This data helps us understand your usage patterns and refine our offerings.Information Collected from Third Parties
Federated Authentication Providers
You can sign in to WhaTalker’s services using supported third-party authentication providers like LinkedIn, Microsoft, or Google. These providers verify your identity and may share select personal data with us, including your name and email address.Referrals
If someone refers one of our products or services to you via a referral program, they might supply us with your name, email address, or other personal details. You can request that we remove this information from our records by contacting us at privacy@whatalker.com . If you provide another person’s information or vice versa, we only use it for the specific purpose for which it was shared.Data from Reselling Partners and Service Providers
If you reach out to a reselling partner regarding our products or services, they may forward your name, email, company name, and other relevant details to WhaTalker. If you register for or attend an event we sponsor, the event organizer could share your data with us. We may also receive information from review platforms if you comment on feedback about our products, as well as from other service providers we engage to promote our offerings.Social Media and Publicly Available Sources
Whenever you offer feedback or reviews, or engage with us through review sites or social platforms like Facebook, Twitter, LinkedIn, or Instagram by posting comments, asking questions, or otherwise interacting, we may collect that publicly available information, including profile details. We do this to stay connected with you, enhance our products, and better understand user feedback. We may also feature your comments on our websites. Please note that even if you later delete such content from these platforms, we may retain the information already collected. Additionally, WhaTalker may update or expand its records using other publicly accessible sources.How We Use Your Information
Beyond the purposes already outlined, WhaTalker may also use your information in the following ways:- Service-Related Communications: We may email you regarding products you’ve downloaded, services you’ve signed up for, changes to our Privacy Policy or Terms of Service, and other critical updates.
- News and Updates: We’ll keep you informed about new products, services, events, offers, and promotions that we believe may interest you.
- Feedback and Surveys: We may invite you to participate in surveys or share feedback on our products and services so we can better meet your needs.
- Account Setup and Maintenance: We’ll manage and maintain your account, enable collaboration, provide hosting for websites and email, and perform necessary backups and restorations of your data.
- Product and Service Improvement: We analyze how users engage with our offerings to monitor and address issues, enhance functionality, and create better user experiences.
- Customer Support: We use your information to offer support and evaluate our interactions with customers, helping us continuously refine our assistance methods.
- Fraud Prevention and Security: We monitor for and prevent fraudulent activities, illegal transactions, and spam, and take steps to protect the rights and interests of WhaTalker, our users, third parties, and the broader community.
- Data Analysis and Personalization: We may review and expand our records to identify new customers and suggest products or services that might be relevant to you.
- Website Administration: We track and analyze visitor navigation patterns on our websites to identify what people are searching for and how we can improve their overall experience.
- Marketing Optimization: We study marketing campaign performance, tailoring recommendations to deliver messages that are most pertinent to you.
Legal Basis for Data Processing at WhaTalker:
If you are located in South Africa, our legal grounds for collecting and using your personal information depend on the type of data involved and the context of its collection. Typically, our data collection and processing operations rely on: (i) contractual requirements, (ii) one or more legitimate interests of WhaTalker or third parties permitted by POPIA, provided these interests do not outweigh your privacy rights, or (iii) your explicit consent. Occasionally, the law may mandate us to collect your information, or we may require your personal data to safeguard your legitimate interests.Revoking Your Consent:
If our processing of your data is based on your consent, you may withdraw it at any time. However, please note that any processing performed before your consent withdrawal will not be impacted.Notice on Legitimate Interests:
If our processing activities rely on legitimate interests that have not already been detailed above, we will explicitly inform you of those interests at the point of data collection.Your Control Over the Use of Your Information
Opting Out of Non-Essential Communications
You may stop receiving newsletters and other non-critical updates by selecting the “unsubscribe” link included in each of those messages. However, please note that you will continue to receive necessary notifications related to your account—such as password resets and renewal reminders—as well as important alerts regarding security, privacy, transactions, and payments.Disabling Cookies
Most browsers allow you to disable cookies before accessing any website. If you decide to do so, certain features on our websites may not function as intended.Providing Optional Information
You have the freedom to refrain from sharing profile details—like a profile picture—or from completing any non-mandatory fields in our forms. You can also update or remove any optional information from your profile at any time.How We Share Your Information
At WhaTalker, we never sell your personal details. The data described in Part I of this policy is accessible only to WhaTalker-affiliated entities, and we share it strictly under the guidelines of this Privacy Policy. Any recipients are required to uphold robust confidentiality and security practices.- Employees and Independent Contractors Authorized employees and contractors within WhaTalker’s affiliated entities can access data referenced in Part I on a need-to-know basis. All must adhere to this Privacy Policy for any personal information we share with them.
- Third-Party Service Providers We work with select service providers—including marketing agencies, event organizers, payment processors, and web analytics firms—to facilitate or enhance our services. When it’s necessary to share personal or de-identified information with these partners, they are authorized to use it solely for the agreed-upon purpose.
- Domain Registrars If you choose to register a domain through WhaTalker, we provide the registrar with your name and relevant contact details (including address, email, and phone number), in compliance with the domain registration rules set by the appropriate authorities.
- Reselling Partners In certain regions, we may share your personal information with authorized reselling partners. Their sole purpose is to reach out regarding the products you have downloaded or the services you have requested. You will have the option to opt out of any ongoing communications with these partners.
- Marketplace Application Developers When you install or buy an application built using WhaTalker’s APIs on our online marketplace, we share your name and email with that application’s developer. They may then communicate with you, as they function as the direct provider of that application. WhaTalker does not control how these developers handle your personal data; their own privacy policies will govern their use of your information.
- Additional Circumstances Any other instances in which we might share data covered in Parts I and II are outlined in Part III of this policy.
Your Data Rights as a WhaTalker User
You have the rights listed below regarding your personal information managed by WhaTalker.- Access You have the right to request details about the personal information we maintain, including its source, purpose, processing duration, and any parties with whom it is shared. You may also ask for a copy of this data if needed.
- Rectification Should you identify any inaccuracies or if your data changes, you have the right to ask us to correct or update it. You may also request that we add more information about you to our records, depending on how your data is used.
- Erasure In certain cases—such as when the data is no longer required for its initial purpose—you can request that we permanently delete your personal information.
- Restriction of Processing You may have the right to limit how your data is used or processed if, for example, you object to its use and we need to confirm whether we have legitimate grounds to continue processing it.
- Data Portability Where processing is based on your consent or performed by automated means, you have the right to receive your data in a structured, commonly used, and machine-readable format, or have it transferred to a third party of your choice.
- Objection In specific circumstances—such as direct marketing—you can object to our use of your data.
- Right to Complain If you believe your data protection rights have been infringed, you have the right to file a complaint with a relevant supervisory authority. This option may not be available if no such authority exists in your country.
Data Retention
WhaTalker preserves your personal information only as long as it’s needed to fulfill the objectives described in this Privacy Policy. In some instances—such as for legal or compliance reasons, to prevent misuse, pursue or defend legal claims, enforce agreements, or satisfy tax and accounting obligations—we may retain your data for a longer period, as allowed or required by law. After we no longer have a valid need to process your information, we will remove or anonymize it from our active records. We also store a secured backup and keep it isolated from any further processing until it is safe to delete permanently.Section B – Data Processed on Your Behalf by WhaTalker
Data Entrusted to WhaTalker and Its Purpose
Information Provided When Using Our Services
When you or your organization engage with our services or request technical assistance, you may share data that you manage. This can include details about your customers and employees if you act as the data controller, or information you hold on behalf of someone else, such as a client you serve if you function as a data processor. This data may be stored on our servers as part of your service use or transmitted to us as part of a support request or similar service interaction.
Data from Mobile Devices
With your permission, some of our mobile applications can access various features on your device, including the camera, microphone, call history, contacts, photo library, files, and other stored information. This access is essential for the proper functioning of the app. Additionally, if you choose to grant access, your location data may be collected for functions such as identifying nearby contacts or setting location-based reminders. This information is shared exclusively with our mapping service partners and is solely used to map user locations. You can disable this access at any time by modifying your device’s settings. Any data on your device, including location details accessed by our mobile applications, will be used strictly within the context of the application, and if it is linked to your account in our services, it will be securely stored on our servers; otherwise, it remains on your device unless you decide to share it with us.
Ownership, Use, and Sharing of Your Service Data
(All information you provide for service-related activities is collectively referred to as “service data.”)
Ownership and Control
At WhaTalker, we recognize that you are the sole owner of your service data. We give you complete control by allowing you to access, share via supported third-party integrations, or request the export or deletion of your data whenever you choose.
How We Use Your Service Data
We process your service data based on the instructions you provide through various parts of our platform. For instance, when you create an invoice using our invoicing tool, details such as your customer’s name and address are used to generate the document. Likewise, if you use our email campaign service, the email addresses on your mailing list are utilized solely for sending out your campaigns.
Push Notifications
If you enable notifications on our desktop or mobile apps, we deliver alerts through trusted push notification providers like Apple Push Notification Service, Google Cloud Messaging, or Windows Push Notification Services. You can adjust or disable these notifications at any time by updating your application or device settings.
Sharing Your Service Data
Within WhaTalker and with Authorized Subprocessors
To provide our services and support, we may share your service data with other WhaTalker entities or third-party subprocessors, ensuring they maintain stringent confidentiality and security measures.
Employees and Independent Contractors
Access to your service data is limited to WhaTalker employees and independent contractors who need it to resolve technical issues, verify spam reports, or review submitted images for quality assurance. Such access is strictly controlled, logged. Additionally, employees may access data that you voluntarily provide for support purposes or to import into our services, all under our strict privacy guidelines.
Collaborators and Other Users
Some of our services support collaboration with other users or external partners. When you engage in collaborative projects, parts of your profile (such as your name and profile picture) might be displayed to help identify your contributions.
Third-Party Integrations:
Many of our services allow you to integrate with external products. By enabling these integrations, you may allow third parties to access your service data and personal information. We advise you to review these third parties’ privacy policies before activating any integration.
Other Scenarios:
Additional cases where your service data might be shared are detailed in Part III of our Privacy Policy.
Data Retention
We retain your account data for as long as you actively use WhaTalker’s services. Once you close your account, your data will be removed from our active database during the next scheduled cleanup, which occurs every six months. Data deleted from our active systems will then be purged from our backup systems after an additional three months.
Data Subject Requests
For users within the European Economic Area, if you believe we are managing, using, or processing your data on behalf of one of our customers, please contact that customer directly to request access, rectification, erasure, restriction, objection, or to request data portability. We will support our customer in addressing your request within a reasonable timeframe.
Section C – General Provisions
Children’s Personal Data
WhaTalker’s services and products are intended solely for users aged 18 and older. We do not intentionally collect personal data from individuals under 18 for our own purposes. In the event that we become aware of personal information provided by a child under 18, we will promptly remove it from our systems. If you suspect that a minor has submitted personal data to us, please contact us at privacy@whatalker.comwith the relevant details so that we can take the necessary actions to delete that information.
Furthermore, if you utilize our services to collect data about minors, you acknowledge that you are solely responsible for ensuring compliance with all applicable laws and regulations regarding the protection of children’s personal information.
Your Data Security at WhaTalker
At WhaTalker, protecting your data is our top priority. While we are in the process of obtaining industry certifications, we are fully committed to employing robust security measures. We have implemented a comprehensive framework of administrative, technical, and physical safeguards designed to prevent unauthorized access, alteration, disclosure, or destruction of your data. Our security practices are continuously reviewed and updated to align with the latest industry best practices. If you have any questions or concerns about the measures, we take to secure your information, please refer to our Security Policy or contact us at security@whatalker.com.
Data Protection Officer
At WhaTalker, we are committed to safeguarding your personal information. To ensure that we manage your data in line with our Privacy Policy, we have appointed a dedicated Data Protection Officer. If you have any questions or concerns regarding our privacy practices, please contact our Data Protection Officer by emailing dpo@whatalker.com, or by sending a written communication to: Data Protection Officer, WhaTalker Inc., 8 The Green Suite Suite A, Dover, DE 19901, USA.
Cross-Border Data Processing and International Data Flows
To deliver services efficiently and in compliance with applicable data protection laws, WhaTalker may process and transfer your personal information and service data to jurisdictions where we or our partners operate, including the United States, the European Economic Area (EEA) and other non-EEA countries. Such transfers may involve storage or access by members of our corporate group or trusted third-party providers acting under contractual obligations that ensure adequate protection of your data.
Where required, WhaTalker implements appropriate safeguards—such as data processing agreements or Standard Contractual Clauses—to ensure that cross-border transfers comply with regulatory standards. For further information or to request a copy of applicable transfer mechanisms, please contact legal@whatalker.com.
Data Processing Agreement Addendum
To assist you in complying with your obligations under the Protection of Personal Information Act (POPIA), WhaTalker provides a fully compliant operator agreement. You may request a copy of this agreement by emailing our legal department at legal@whatalker.com. Once your request is received, our team will promptly forward the agreement for your review and signature.
Use of Automation and AI Technologies
WhaTalker Inc. uses various automation technologies—including but not limited to algorithms, rule-based logic, pattern recognition, and artificial intelligence (AI) or machine learning (ML)—to improve service functionality, enhance user experience, and optimize system performance. These technologies may process service data in aggregated, anonymized, or organization-specific ways.
WhaTalker Inc. does not use client personal data for generalized or cross-customer AI training unless explicitly authorized. Any use of data in AI models is subject to strong privacy controls, limited access, and technical safeguards. Clients retain ownership of their data at all times.
Browser Privacy Signals and Tracking Preferences
Certain web browsers offer a ‘Do Not Track’ (DNT) option that, when activated, sends a signal to websites indicating the user’s preference not to be tracked. At present, there is no universally accepted standard that defines how websites should respond to these signals. As such, WhaTalker does not currently respond to DNT signals sent by browsers.
Third-Party Websites and External Links
Our websites and services may include links to third-party websites or services that are not owned or controlled by WhaTalker Inc. Any personal information you provide to such third parties is governed solely by their respective privacy policies. WhaTalker Inc. does not review, endorse, or assume responsibility for the content, practices, or security measures of third-party websites. We encourage users to carefully review the privacy and data protection policies of any external websites before submitting personal data.
User-Generated Content and Public Areas
WhaTalker Inc. may offer publicly accessible areas on its websites or services, such as blogs, forums, or community pages, where users can post content, comments, or feedback. Any personal information voluntarily submitted by users in these public areas may be collected and used by others. WhaTalker Inc. is not responsible for the information that users choose to make public and disclaims liability for any resulting unsolicited contact or misuse. Users are encouraged to exercise caution when disclosing personal data. Requests for removal of posted information can be directed to privacy@whatalker.com, though removal does not guarantee that the content has been fully erased from all systems or third-party archives.
Third-Party Features and Social Media Integrations
Our websites and services may include features provided by third parties, such as social media buttons (e.g., “like,” “tweet,” or “share”) and embedded widgets. These features may collect certain information about your use of the website, including your IP address and pages visited, and may place cookies to function properly. Your interactions with these features are governed by the privacy policies of the third-party providers, not by this DPA. WhaTalker Inc. is not responsible for the data processing practices of such external platforms.
Compliance with Legal Obligations and Regulatory Requests
WhaTalker Inc. may disclose personal data or service data when such disclosure is required to comply with applicable laws, legal processes, enforceable government or regulatory requests, court orders, or to meet national security or law enforcement requirements. Any such disclosure will be limited to what is strictly necessary and, where legally permitted, WhaTalker Inc. will notify the Client of such requests or disclosures.
Protection of Legal Interests and Prevention of Misuse
WhaTalker Inc. reserves the right to access, preserve, or disclose personal data or service data when reasonably necessary to:
(a) detect, investigate, prevent, or take appropriate action against fraud, misuse, security threats, or violations of this Privacy Policy or any applicable agreement;
(b) protect the rights, property, or safety of WhaTalker Inc., its users, or the general public;
(c) comply with applicable laws, including the Protection of Personal Information Act (POPIA), legal obligations, or legitimate requests from regulatory or governmental authorities.
These actions will be carried out in good faith and strictly in accordance with what is permitted or required under applicable law, including the principles and requirements established by POPIA.
Change of Control or Corporate Restructuring
Although WhaTalker currently has no intention to sell its business, in the unlikely event of a merger, acquisition, or sale, we will ensure that the new entity agrees to uphold our existing privacy commitments. We will alert you via email or through a prominent notice on our website regarding any change in ownership or use of your personal information or service data, as well as any options available to you regarding this information.
Adherence and Oversight
We take every possible measure to ensure that the personal information you submit is handled in accordance with this Privacy Policy, including periodic audits of our data handling processes. If you have any concerns or believe that your information is not being used in compliance with this policy, please contact us at privacy@whatalker.com.
We will respond promptly and, if necessary, work with the appropriate regulatory authorities to address your concerns effectively.
Updates and Modifications
WhaTalker may update this Privacy Policy at any time. If the changes are significant, we will notify you through an announcement or by emailing the primary address on your account at least 30 days before the new policy takes effect. If you have not verified your email address, you might miss important policy updates sent via email. If you think the changes affect your rights or obligations related to our services, you may stop using them by contacting us within that 30-day window. After the policy’s effective date, your continued use of our services implies acceptance of the updated Privacy Policy. For minor revisions, we encourage you to periodically review our Privacy Policy, which is available at South Africa Privacy Policy.
