Leaply - Privacy Policy

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PRIVACY POLICY

This privacy policy (" Privacy Policy ") applies to how we process your Personal Information (as defined in

paragraph 2.1 below ) when you use the Website and Services or any future variation or upgrade thereof

(as such terms are defined in the Website Terms and Conditions accessible at

https://about.leap.ly/terms_and_conditions.pdf (the " Terms ")). To the extent that this Privacy Policy

refers to definitions or provisions in the Terms, they are hereby incorporated in this Privacy Policy by

reference. Please read this Privacy Policy carefully.

All of the provisions of this Privacy Policy are important, but please pay special attention to the

parts that are in bold writing. These parts contain information about provisions that have special

consequences for you. These parts are only intended to bring such provisions to your attention,

and, where necessary, to explain their fact, nature and effect. Where explanations are given, they

may be contained in a box. Such boxed explanations are aids to understanding only and are not

provisions themselves. They do not limit the meaning or application of the provisions, and do not

apply only to the situations and examples described in the boxes or only to similar situations or

examples.

Scope of the Privacy Policy

1.1. Introduction and scope

1.1.1. Leaply Corporation (Proprietary) Limited, registration number 2013/203143/07, with

registered office at The Launchlab, 11 Hammanshand Road, Stellenbosch, 7600 , is a

private company incorporated under and governed by the laws of South Africa

(" Leaply " or " we " or " us " or " our "). Our further details are set out in the Terms.

1.1.2. We are committed to protecting and respecting your privacy. We strive to ensure that

our use of your Personal Information is lawful, reasonable, and relevant to our

business activities, with the ultimate goal of improving our services and your

experience.

1.1.3. This Privacy Policy sets out what we will do with any Personal Information we collect

from you or about you, or that you provide to us, when you use the Website and/or the

Services.

1.2. Your consent to the Processing of your Personal Information

1.2.1. By agreeing to this Privacy Policy, you provide us with your express consent

and agreement that we may collect, get, receive, record, organise, collate, store,

update, change, retrieve, read, process, consult, use and share your Personal

Information in the manner set out in this Privacy Policy. When we do one or more of

these actions with your Personal Information, we are " Processing " your Personal

Information (and " Process " has a corresponding meaning).

1.2.2. If you do not agree with this Privacy Policy, or are concerned about any aspect

as it relates to your Personal Information, please do not continue to use the

Website or the Services.

In the paragraph above you expressly give your permission to us to Process your Personal

Information in the manner and for the purposes set out in this Privacy Policy. By doing this, you

know and accept that you are giving up certain parts of your right to privacy.

1.3. What does this Privacy Policy apply to?

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1.3.1. This Privacy Policy applies to the Processing by us or on our behalf, and our

successors-in-title, of Personal Information (defined below) relating to you (" user ",

" you ", or " your "), being a user who accesses and/or uses the Website and/or the

Services (hereinafter collectively referred to as just the " Website ", for simplicity),

regardless of the device which you use to access it, which device is capable of using,

or enabled to use, the Website including, but not limited to, internet-connected mobile

devices and tablets (" Access Device ").

1.3.2. This Privacy Policy does not apply to Processing of Personal Information by other third

parties relating to or by means of other parties' websites, products or services, such as

websites linked to, from or advertised on the Website or through the Services, or sites

which link to or advertise the Website. Such Processing may be subject to the privacy

policies of third parties.

What is Personal Information?

2.1. " Personal Information " refers to personal information about an identifiable person. Your

Personal Information may include your name and surname, age, date of birth, identity

number, contact details (e.g. your home address, postal address, email address or phone

number), nationality or citizenship, academic qualifications, physical location, social media

account details and profile pictures. Other information which might be Personal Information

may include:

2.1.1. " psychometric test results ": We receive information from third-party service

providers contracted to provide and/or facilitate applicant assessments. This

information may include, but is not limited to, your overall performance, results,

responses or time taken to complete the assessment;

2.1.2. " device and device event information ": We may collect information such as your IP

address, unique device identifier, the nature of the Access Device which you used to

access the Website, the geographic location from which you accessed our site,

hardware model and settings, operating system type and version, browser language,

system activity, and crashes;

2.1.3. " log information ": When you use the Website, we may automatically collect and store

certain information in server logs when you access the Website, which may include

your site activity information, such as details of how, when and for how long you

accessed the Website, what links you went to, what Content (as defined in the Terms)

you accessed, the amount of Content viewed and the order of that Content and the

amount of time spent on the specific Content.

2.1.4. " profile information ": We may collect and Process information and usage data per

profile to make targeted recommendations to that profile when logged in to and using

the Website; and

2.1.5. " location information ": We may use various technologies to determine your actual

location, such as geographical data from your Access Device (which is usually based

on the GPS or IP location).

2.2. Personal Information does not include information that has been de-identified to the extent

that it cannot be re-identified again.

When will we Process your Personal Information?

3.1. In addition to paragraph 4 below, Personal Information may be Processed by us in several

ways, including, when:

3.1.1. you create a Profile;

3.1.2. you access, use, refer to, view and/or make use of the Website, Content or Services;

3.1.3. you submit your Personal Information to us for any other reason; and

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3.1.4. you contact us online or by email or telephonically, or otherwise, with any queries.

How we collect your Personal Information

4.1. We may collect your Personal Information in three ways, namely:

4.1.1. actively from you;

4.1.2. passively from your Access Device when you use the Website; and

4.1.3. passively from our affiliates and third party service providers.

4.2. Active collection from you

4.2.1. We may require you to submit certain information in order for you to register an

account for the Website or benefit from specified features, such as when you register

to receive our newsletter and we may collect Personal Information from you by asking

you specific questions and by permitting you to communicate directly with us, for

example via email, feedback forms, live chat interface, site comments and forums.

4.2.2. If you contact us, we may keep a record of that correspondence.

4.2.3. The information we may actively collect from you may include your:

4.2.3.1. identifying information (e.g. your name, surname, unique identifier, date of birth,

profile picture and physical location);

4.2.3.2. contact details (e.g. email address and phone number); and

4.2.3.3. any other information which we may request from you, and which you provide,

from time to time.

4.3. Passive collection from your Access Device

1.1.1. We passively collect some of your Personal Information from the Access Device which

you use to access and navigate through the Website, using various technological

means, for instance, using server logs to collect and maintain log information.

1.1.2. We also use cookies and anonymous identifiers which enable our computer system to

recognise you when you next visit the Website to distinguish you from other users and

to improve our service to you, and which can be used to enhance the content of the

Website and make it more user-friendly, as well as to give you a more personalised

experience.

1.1.3. A cookie is a small piece of data (an alphanumeric identifier) which our computer

system transfers to your Access Device through your web browser when you visit the

Website and which is stored in your web browser. When you visit the Website again,

the cookie allows the site to recognise your browser. Cookies may store user

preferences and other information.

1.1.4. You may disable the use of cookies by configuring your browser to refuse all cookies

or to indicate when a cookie is being sent. However, if you do so, you may not be able

to enjoy all of the features and functionality of the Website.

4.3.1. The information which we may passively collect from your Access Device may include

your identifying information, contact details, device and device event information, site

activity information, log information, telephony log information, location information,

unique application numbers and any other information which you permit us, from time

to time, to passively collect from your Access Device.

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4.4. Passive collection from our affiliates and third party service providers

We collect some Personal Information passively from our affiliates, business partners,

Companies and third party service providers, purely to supplement information which you

have already agreed to give us and to supplement your user Profile on the Website, if

applicable.

4.5. Passive collection from social networking sites (with your permission)

4.5.1. We may allow you to log onto the Website by using a social media account

authentication option.

4.5.2. By collecting information from your social media account, we enable you to create

your profile on the Website by, subject to your consent, importing and/or collecting

your contact details from the social media account you used to log onto the Website.

We may also use other methods and platforms to authenticate your identity in order to

link your social media account with your profile.

4.5.3. There are two kinds of information which we collect from social networking sites,

namely basic information and extended information.

4.5.4. basic information

4.5.4.1. Basic information is information which you have put on a social media account

which you have made public in accordance with your privacy settings on the

relevant social media account.

4.5.4.2. This could include your name and surname, username or user-ID number, your

profile picture or its URL, your email address, the physical location of your

Access Device, your gender, your date of birth, and any other information which

you have decided to share publicly (the information which you have put on your

social media account profile for anyone to see).

4.5.4.3. We will access your basic information from your social media account only:

4.5.4.3.1. when you link your social media account(s) to the Website;

4.5.4.3.2. when you log onto any of your social media accounts through a log on

link on the Website or if you select any "keep me logged in" or equivalent

function;

4.5.4.3.3. with your permission; and

4.5.4.3.4. in line with your privacy settings on the relevant social media account.

4.5.5. extended information

4.5.5.1. Extended information is information which you have put on a social media

account over and above the basic information. This could include your

additional identifying information and contact details, biographical information,

educational history, personal preferences, religion, your "friends" or contacts on

the social media account, your "likes" and "dislikes", information you have

"shared" (eg comments on, or shared content on, your or your friend's

Facebook "wall"), your recommendations to your friends or other social media

account contacts and any other information which you have put on, or actions

you have done, on a social media account (eg the information on your

Facebook "wall"), and any other information which you permit us, from time to

time, to passively collect from a social media account.

4.5.5.2. We will collect from the relevant social media account your extended

information only if and to the extent that you give us permission to do so.

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4.5.5.3. You can decide the layers of extended information which you want to share with

us and manage it through the Website or the relevant social media account.

4.5.5.4. We may offer you the ability to import your address book contacts or to

manually enter third parties' contact details in order to populate your invite list

on the Website (" your contacts "). You may authorise us to send your

communications to your contacts on your behalf (e.g. to send your contact an

email or notification from you or on your behalf inviting him/her to join the

Website).

4.5.5.5. We only receive information from social media accounts. We do not give social

media platforms access to any of your Personal Information.

How we use your Personal Information

5.1. We use the information we collect to provide, maintain, and improve the Website, to provide

current, and develop new, services, and to protect us, our services and our users. We

constantly strive to improve our users' experience, and so we also use the information we

collect in order to offer you information and Content which is more appropriately tailored for

you as far as reasonably possible.

5.2. We may use your Personal Information:

5.2.1. to retain and make available to you information on the Website;

5.2.2. to create your user account, where applicable, and ensure that it doesn't duplicate an

existing user account on the Website and allow use of the Content;

5.2.3. as a Registered User, to send you notifications and authenticate your identity when

you view and access the Website;

5.2.4. to maintain and update our customer, or potential customer, databases;

5.2.5. to establish and verify your identity on the Website;

5.2.6. to fulfil your requests for certain services;

5.2.7. to diagnose and deal with technical issues and user support queries and other user

queries, such as problems with our server, determine the optimal and fastest route for

your Access Device to use in connecting with the Website, and administer, maintain

and secure the Website;

5.2.8. to detect, prevent or deal with actual or alleged fraud, security or the abuse, misuse or

unauthorised use of the Website and/or contravention of this Privacy Policy;

5.2.9. to conduct market research surveys, product research and development;

5.2.10. to provide you with the latest information about our services, provided you have

agreed to receive such information;

5.2.11. to communicate with you;

5.2.12. to compile non-personal statistical information about browsing habits, click patterns

and access to the Website;

5.2.13. to improve the Website, analyse trends and administer the Website, including

requesting feedback on Content and Services and products, address any issues and

liaise with users in that regard;

5.2.14. to keep a record of our communications with you and your communications with us;

5.2.15. to fulfil any contractual obligations we may have to you or any third party;

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5.2.16. to improve your user experience and the overall quality of our services;

5.2.17. to customise the Website to your preferences and tailor information and/or Content for

you to ensure that it is presented in the most effective manner for you and for your

Access Device;

5.2.18. to inform you about any changes to the Website, the Terms, this Privacy Policy or

other changes which are relevant to you;

5.2.19. subject to paragraph 4.3.2 to 4.3.5 (inclusive), to provide you with online personalised

services and targeted advertising, including through the use of cookies;

5.2.20. to compile and use statistical information about you and other users and their access

to and use of the Website, browsing habits, click-patterns, preferences, and

demographics which we may use to develop, provide and improve the Website,

including, recommendations to users and tailoring information and Content for users;

5.2.21. to compile, use, disclose and trade with non-personal statistical information about our

users and their access to and use of the Website, browsing habits, click-patterns,

preferences, demographics which we may use to develop, provide and improve the

Website and our products and services, including targeted advertising to user groups.

Please note that the information referred to in this paragraph 5.2.21 is aggregate

information about our users which has de-identified personal information such that it

cannot be linked back to identify you;

5.2.22. for security, administrative and legal purposes;

5.2.23. for customer relations; and

5.2.24. other activities and/or purposes which are lawful, reasonable and adequate, relevant

and not excessive in relation to provision of the Content, Services and/or Website, our

business activities or such other purpose for which it was collected.

5.3. We will get your permission before collecting or using your Personal Information for any

other purpose.

Compulsory information and consequences of not sharing with us

Only your email address, name and surname, contact details and such other information as we

specify from time to time, constitutes compulsory information. All other information is optional. If

you do not agree to share compulsory information with us, then you will not be able to make full

use of the features that are offered to users, including Content and/or Services. If you do not agree

to share your optional information with us, then you might not be able to enjoy all of the features

and functionality on the Website, including certain Content and/or Services.

In the paragraph above, you agree and accept that there is certain compulsory information you

must provide us with if you want to enjoy all of the features and functionality on the Website. If

you decide not to provide us with such compulsory information, you agree that we may limit

certain features and functionality on the Website.

Sharing of your Personal Information

7.1. We will not intentionally disclose, for commercial gain or otherwise, your Personal

Information other than as set out in this Privacy Policy, as permitted by applicable law or with

your permission.

7.2. You agree and consent that your Personal Information may be shared under the following

circumstances:

7.2.1. to our employees, service providers, contractors, dealers and agents if and to the

extent that they need to know that information in order to process it for us and/or to

provide services for or to us, such as hosting, development and administration,

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technical support and other support services. We will authorise any information

processing done by a third party on our behalf by entering into written agreements

with those third parties governing our relationship with them and containing

confidentiality and non-disclosure provisions. Such persons may be disciplined, their

contracts terminated or other appropriate action taken if they fail to meet their

obligations;

7.2.2. in order to enforce or apply our terms of use or any other contract between you and

us;

7.2.3. when we provide a Company with your application for a position;

7.2.4. in order to protect our rights, property or safety or that of our customers, employees,

contractors, dealers and agents and any other third party;

7.2.5. in order to mitigate any actual or reasonably perceived risk to us, our customers,

employees, service providers, contractors, agents or any other third party;

7.2.6. to governmental agencies, exchanges and other regulatory or self-regulatory bodies if

we are required to do so by law or if we reasonably believe that such action is

necessary:

7.2.6.1. to comply with the law or with any legal process;

7.2.6.2. to protect and defend the rights, property or safety of us, our affiliates or our

customers, employees, contractors and agents or any third party;

7.2.6.3. to detect, prevent or deal with actual or alleged fraud, security or technical

issues or the abuse, misuse or unauthorised use of our site and/or

contravention of this privacy policy; and/or

7.2.6.4. to protect the rights, property or safety of members of the public (if you provide

false or deceptive information about yourself or misrepresent yourself as being

someone else, we may proactively disclose such information to the appropriate

regulatory bodies and/or commercial entities).

7.3. We may use your Personal Information to compile profiles for statistical purposes and may

freely trade with such profiles and statistical data, provided that the profiles or statistical data

cannot be linked back to you.

7.4. We will get your permission before disclosing your Personal Information to any third party for

any other purpose.

Storage and transfer of your Personal Information

8.1. We store your Personal Information:

8.1.1. on our servers; or

8.1.2. on the servers of our third party service providers, such as IT systems or hosting

service providers. In this event, we will ensure that we have entered into written

contracts that require such third party service providers to secure the integrity and

confidentiality of Personal Information in its possession by taking appropriate,

reasonable technical and organisational measures.

8.2. From time to time, Leaply and its service providers may need to transfer to and/or store your

Personal Information on servers in a jurisdiction other than where it was collected. We

hereby notify you, and you acknowledge, that such jurisdiction may not have comparable

data protection legislation.

8.3. We will endeavor to take reasonable measures to ensure that the jurisdiction to which

Personal Information is transferred and/or stored, has laws which provide for the protection

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of Personal Information in a manner which is at least similar to the protections afforded

under South African law.

Security

9.1. We take appropriate reasonable technical and organisational measures to secure the

integrity of Personal Information, using accepted technological standards to prevent

unauthorised access to or disclosure of your Personal Information, and protect your

Personal Information from misuse, loss, alteration or destruction.

9.2. See paragraph 7.2.1 regarding measures to protect the information which is provided to

others on a need-to-know basis.

9.3. We also regularly back-up your information for operational and safety purposes.

9.4. Even by taking the above measures when Processing Personal Information, we do not

guarantee that your Personal Information is 100% secure. Subject to the provisions of

this clause 9.4 , as far as the law allows, we will not be liable for any loss, claim and/or

damage arising from any unauthorised access, disclosure, misuse, loss, alteration or

destruction of Personal Information.

In this paragraph, you acknowledge that you know and you accept that technology is not

absolutely secure and there is a risk that your Personal Information will not be secure when

Processed by means of technology. We do not promise that we can keep your Personal

Information completely secure. You will not be able to take action against us if you suffer losses

or damages in these circumstances.

Retention of your Personal Information

10.1. We may keep Personal Information for as long as you continue to access the Website,

Content and/or Services or for as long as reasonably necessary or until you contact us and

ask us to destroy the retained information.

10.2. Notwithstanding paragraph 10.1 above and any other provision of this Privacy Policy, we

may keep some or all of your Personal Information if and for as long as:

10.2.1. we are required by law, a code of conduct or a contract with you to keep it;

10.2.2. we reasonably need it for lawful purposes related to our functions and activities;

10.2.3. we reasonably need it for evidentiary purposes;

10.2.4. you agree to us keeping it for a specified further period; and/or

10.2.5. it is permitted by law.

Keeping your Personal Information updated and correct

11.1. Where required by law, we take reasonable steps to ensure that your Personal Information is

accurate, complete, not misleading, and up to date.

11.2. We hereby inform you of your right of access to, and the right to rectify, your Personal

Information. In addition, you have the right to object to the Processing of your Personal

Information in certain circumstances.

11.3. You must let us know if any information we have about you is incorrect, incomplete,

misleading or out of date, by notifying us at the contact details set out in paragraph 17 . If

you have already registered for a Service or to use the Website in some other way, you can

at a later stage modify some of the Personal Information you have included in your profile by

logging in and accessing the account created by you on the Website.

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11.4. Where required by law, we will take reasonable steps to correct or update the relevant

information accordingly having regard to the purpose for which the information was collected

or used.

Changes to this Privacy Policy

To the extent allowed by law, this Privacy Policy may be updated or amended by us at any time in

our sole discretion, without notice, provided that if we do so, we will post the revised policy on the

Website and take reasonably practicable steps to ensure that you are aware of the updated Privacy

Policy and the relevant changes. Accordingly, please check these Terms for changes periodically.

If you continue to access or use the Website and/or the Services after amendments are made and

displayed, you will be deemed to have accepted these changes.

Direct marketing

13.1. When you register a Profile on the Website, you may receive marketing communications

from us.

13.2. You may refuse to accept, require us to discontinue, or pre-emptively block any approach or

communications from us if that approach or communication is primarily for the purpose of

direct marketing (" direct marketing communications ").

13.3. You may opt out of receiving direct marketing communications from us at any time by

requesting us (in any manner, whether telephonically, electronically, in writing or in person) to

desist from initiating any direct marketing to you.

13.4. You may, in terms of the Consumer Protection Act 68 of 2008 (the " Consumer Protection

Act "), register a pre-emptive block against direct marketing communications. If you do so,

we will not send you direct marketing communications unless you have expressly requested

or consented to receiving direct marketing communications from us.

Third party sites

14.1. To the extent allowed by law, we are not responsible for the privacy practices of a

third party site to which there may be a link on the Website, or for any claims, loss or

damage arising from these.

14.2. We advise you to read the privacy policy of each site which you visit and to determine your

privacy settings in accordance with your personal preferences.

We are not liable if you suffer losses or damages when visiting third party websites by following a

link to that website from the Website. You accept that there may be risks when you use such third

party websites, and you do so at your own risk.

How to protect your Personal Information

15.1. People have different privacy concerns. Our goal is to be clear about what information we

collect so that you can make meaningful choices about what you make available. For

example, you may:

15.1.1. set your browser to block all cookies, including cookies associated with our services,

or to indicate when a cookie is being sent by us (see paragraphs 4.3.2 to 4.3.5 above);

15.1.2. request us to indicate what Personal Information of yours we have on our systems;

15.1.3. request us to, where reasonable in the circumstances, correct or update your personal

information (see paragraph 11 ) or to destroy or delete your personal information

(subject to paragraph 10 );

15.1.4. object to any unlawful processing of your Personal Information;

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15.1.5. request that your Personal Information is deleted if it is no longer required for the

purposes for which it was collected or required by us in terms of any applicable law,

subject to paragraph 10 ; or

15.1.6. refuse the processing of your Personal Information for direct marketing purposes (see

paragraph 1 ).

15.2. As far as the law allows, we may charge a fee for attending to any of your requests above

and may also refuse to carry out any of your requests in whole or in part.

15.3. Any questions about the Processing of your Personal Information or how to exercise your

rights in respect thereof, must be directed to Leaply’s Information Officer, Marthe-Lee

Kempen, via email: marthelee@leap.ly .

Consumer Protection Act, Protection of Personal Information Act and other applicable laws

16.1. If this Privacy Policy or any provision in this Privacy Policy is regulated by or subject to the

Consumer Protection Act, the Protection of Personal Information Act 4 of 2013 (" POPIA ") or

other laws, it is not intended that any provision of this Privacy Policy contravenes any

provision of the Consumer Protection Act, POPIA or such other laws. Therefore all

provisions of this Privacy Policy must be treated as being qualified, to the extent necessary,

to ensure that the provisions of the Consumer Protection Act, POPIA and such other laws

are complied with.

16.2. No provision of this Privacy Policy:

16.2.1. does or purports to limit or exempt us from any liability (including, without limitation, for

any loss directly or indirectly attributable to our gross negligence or willful default or

that of any other person acting for or controlled by us) to the extent that the law does

not allow such a limitation or exemption;

16.2.2. requires you to assume risk or liability for the kind of liability or loss, to the extent that

the law does not allow such an assumption of risk or liability; or

16.2.3. limits or excludes any warranties or obligations which are implied into this Privacy

Policy by the Consumer Protection Act (to the extent applicable), POPIA (to the extent

applicable), or other applicable laws or which we give under the Consumer Protection

Act (to the extent applicable), POPIA (to the extent applicable), or other applicable

laws, to the extent that the law does not allow them to be limited or excluded.

General

17.1. You agree that this Privacy Policy, our relationship and any dispute of whatsoever nature

relating to or arising out of this Privacy Policy whether directly or indirectly, shall be governed

by the laws of the Republic of South Africa without giving effect to any principle of conflict of

laws.

17.2. You agree that we may, at any time, transfer, cede, delegate or assign any or all of our rights

and obligations under this Privacy Policy without your consent. We will notify you if we

transfer, cede, delegate or assign any rights or obligations to a third party, but we do not

have to notify you if we transfer, cede, delegate or assign any rights or obligations to any of

our affiliates or to any person which acquires all or part of our business and/or assets. We

may also sub-contract our obligations without your consent and we do not have to notify you

if we sub-contract any of our obligations.

17.3. Subject to 16.2 , this Privacy Policy shall apply for the benefit of and be binding on each

party's successors and assigns.

17.4. Our failure to exercise or enforce any right or provision of this Privacy Policy shall not

constitute a waiver of such right or provision.

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17.5. Each provision of this Privacy Policy, and each part of any provision, is removable and

detachable from the others. As far as the applicable laws in the relevant jurisdiction allows, if

any provision of this Privacy Policy, or part of a provision, is found by a court or authority of

competent jurisdiction to be invalid, illegal or unenforceable (including, without limitation,

because such provision is inconsistent with the laws of another jurisdiction), it must be

treated as if it was not included in this Privacy Policy and the rest of this Privacy Policy will

still be valid and enforceable.

Queries

18.1. If you have questions about our Privacy Policy, please contact us at hello@leap.ly .

18.2. You have the right to lodge a complaint with the Information Regulator. The Information

Regulator is contactable by email at ( inforeg@justice.gov.za ) .

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