Privacy Policy

Nerdbird is a Sole Proprietorship.

This Privacy Notice applies to Nerdbird, its associated websites and business units. Reference to “Nerdbird”, “website/s”, “we”, “our” or “us” in this Notice means Nerdbird and any of its business units or websites. NerdBird respects privacy and is committed to protecting visitors’ privacy with services and website/s and seeks to employ best practice when collecting and processing personal information in line with data protection or privacy legislation.

NerdBird undertakes to ensure that the use and processing of Personal Information is lawful, reasonable, and relevant to our business activities, with the essential goal of improving our offerings and services as well as your online experience.

Protection of Personal Information Act and Consumer Protection Act

If any part of this Privacy Notice is regulated by or subject to the Consumer Protection Act (“CPA”) or the Protection of Personal Information Act, No. 4 of 2013 (“POPIA”), it is not intended that any part of this Privacy Notice contravenes any provision of the Consumer Protection Act or POPIA.

Therefore, all provisions of this Privacy Notice must be treated as being qualified, to the extent necessary, to ensure that the provisions of the CPA and POPIA are complied with. No provisions of this Privacy Notice (or any contract governed by this Privacy Notice) does or purports to limit or exempt us (as the Responsible Party) or any person or entity (as the Operator) from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful 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; 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 limits or excludes any warranties or obligations which are implied into this Privacy Notice (or any contract governed by this Privacy Notice) by the CPA or POPIA (to the extent they are applicable) or which we give under the CPA or POPIA (to the extent they are applicable), to the extent that the law does not allow them to be limited or excluded.

How Your Personal Information Is Processed

“Personal Information” includes information about individuals and companies (including juristic persons, like trusts or companies) per the POPIA definition.

NerdBird may collect, receive, record, organise, collate, store, update, process, analyse, collate, and share your Personal Information as set out in this Privacy Notice.

NerdBird processes different kinds of Personal Information about you, such as your:

• Name
• Email Address
• Contact numbers
• Billing Address
• Order details
• Location
• Country
• Timezone
• Telephone number
• Telephone/video call recordings
• Testimonials and reviews, with your authorization

How Information Collected is Used

Nerdbird collects your personal information through direct or active interactions with you. We may need you to present specific information to access certain areas of the website/s and allow us to supply certain services to you or conclude an agreement with us or fulfil our legal obligations. All personal information will be secured and treated with due care.

Nerdbird also gathers your information when you communicate directly with us, for example, via email, phone calls, forums, and site comments feedback forms. Should you correspond with Nerdbird, Nerdbird can save a record of that exchange.

Personal information provided to Nerdbird by yourself shall only be utilised for the purposes communicated to you when the personal information is requested.

We can make use of your personal information to supply our services:

• that you could buy from our website;
• to comply with our statutory obligations as well as interacting with regulatory authorities;
• to conduct business case analysis to improve our service and/or provide new offerings;
• to maintain and make information accessible to you on the website/s;
• to supply you with marketing that is pertinent to you, or to information regarding our services and products;
• to retain and to keep you up to date, including our customer databases in terms of data accuracy;
• to initiate and confirm your Identity on the website/s;
• to determine and deal with technical problems, customer support questions and alternative user questions;
• to retain, administer, operate, develop, and secure the website/s and the execution and viability of the website/s;
• to preserve our rights in any litigation;
• to observe, stop or deal with alleged or actual fraud, security, or the abuse, incorrect or unauthorised use of the website/s and/or breach of this Privacy Notice or any of the terms and conditions that relate to the viewing of the website/s;
• to correspond with you and collect a record of our interactions with you and your interactions with us;
• to tell you about any changes to the website/s, the Privacy Notice, or other changes which we consider pertinent;
• for any separate reasons pertinent to our business pursuits if they follow the law and as consented by you.

Service Providers

Nerdbird makes use of third-party companies and individuals due to the following reasons:

• to facilitate the Website and payment options for products and services;
• to perform Website-related services;

These trusted 3rd party partners are:

• Payfast
• PayPal

Nerdbird will restrict its processing of your Personal Information to the original purposes for which it was collected unless we consider that it is required to be processed for another purpose. That purpose is adaptable with the initial purpose, but only with your additional consent to the initial purpose.

Sharing Your Personal Information

Nerdbird will not intentionally disclose your Personal Information other than as set out in this Privacy Notice or without your permission. In the case where there is a suspicion of an unauthorised disclosure or a data breach, we will inform you immediately.

Nerdbird may share your Personal Information under the following circumstances:

• to our advisors, agents, service providers, suppliers, and third-party suppliers or on terms which offer the same level of protection as this Privacy Notice;
• to impose or apply any different contract between Nerdbird and you;
• to preserve our rights, safety, or property or that of our employees, customers and possible employees, contractors, candidates and prospective candidates, service providers, suppliers, agents as well as any alternative third party;
• to diminish any actual or reasonably recognised risk to Nerdbird, clients, employees and possible employees, contractors, agents or any other third party; and to government agencies, trades and alternate regulatory or self-regulatory organisation if needed to do so by law or if we reasonably accept that such activity is required to follow the law or any legal procedure;
• to save and preserve the rights, property or safety of NerdBird, or our customers, employees and prospective employees, contractors, candidates and prospective candidates, service providers, suppliers, agents or any third party;
• to reveal, stop or handle actual or alleged fraud, security or technical problems or the abuse, incorrect or unauthorised use of the website and/or breach of this Privacy Notice; and
• to preserve the rights, property, or security of public citizens.

If you supply incorrect or misleading information regarding yourself, falsely identify yourself as another person, we may choose to divulge such information to the applicable regulatory authorities or commercial institutions.

How Collected Information is Stores

Personal information is kept only if it is necessary to provide the services to you or as may be required in terms of legislation (including prescription periods), business requirements and whichever period is the longest. Personal information that you provided to NerdBird will be kept on our servers or those of our service providers in the form of a hard copy (at times), with reasonable safeguards in place to safeguard this information.

NerdBird keeps part of or all your personal information for as long as it is necessary to us to provide you with our offerings and services or as allowed by law or a commitment with you to stand by it; we may require it for legal reasons regarding our tasks and pursuits; we could need it for evidence reasons.

To decide the correct preservation time for individual information, NerdBird will contemplate, with other things, the amount, Identity and susceptibility of the individual information, the possible threat of damage from unapproved use or revealing of your individual information, the reasons for which we use your individual information and whether we can attain those aims through other methods. NerdBird will always comply with applicable legal, regulatory, tax, accounting, or other requirements about retaining personal information.

Protecting Your Information

We aim to save the individual information we keep up to date, thorough and precise. We strive to guarantee the safety of individual information we keep by taking appropriate actions to stop the demolition, illegal access, and loss of individual information. Any settlement of data integrity or privacy will be communicated to you via email. Regardless of taking the beforementioned procedures when preparing individual information, we do not promise that your information is entirely safe however we will seek to achieve the following 5 key objectives:

1. Protection – Of individual information so that only authorised users have access to it.
2. Compliance – With the regulatory requirements of the act
3. Security – Improve security through continuous education and awareness.
4. Confidentiality – To ensure that sensitive information remains private.
5. Auditing – Regular monitoring of security relevant events

Your Rights

Under specific conditions, you have the right to data protection laws regarding your individual information. You have the right to ask for your personal information (also known as a “data subject access request”).

This Allows You To:

Receive a copy of the personal information that we have about you. We may refuse your request for access or disclosure of your personal information if any of the grounds permitted in law apply.

Request correction of the personal information that we hold about you. This enables you to ensure that any incomplete or inaccurate data that we hold about you is corrected. Upon receipt of your request, we will correct or complete your personal information as soon as reasonably possible.

Request erasure of your data. This enables you to request that we delete or remove personal information where there is no lawful basis for us to continue to process or retain it. We may not always be able to comply with your request of erasure for specific legal reasons, which will be notified to you, if applicable, at the time of your request.

Withdraw consent at any time where we are relying on consent to process your personal information. Please note that we may continue to process your personal information in certain instances where we are not relying on your consent.

Right to object

You have a right to object under applicable data protection or privacy legislation, at any time, from our processing or using your personal information, and we may no longer process your personal information. Should you require to exercise your right to object, you should inform us that you do not want us to process your personal information.

If you require NerdBird to delete or update your information about you, please contact connect@nerdbird.co.za.

Please be advised that NerdBird may refuse to delete some of your information if we are required by law to retain it or if we need it to protect our rights.

Direct Marketing

You will only receive direct marketing from us if you have consented. You can opt out of direct marketing communications at any time.

Direct Marketing and Opting Out

If you are an existing member, we may communicate with you based on your selected preferences when registering/signing up for our product/s. This may include contact telephonically, email, social media, or other channels about products and services that may interest you.

At the point we collect information from you, you will be asked to consent to us using or disclosing your personal information for purposes other than those that are expressly stated in this policy. For example, you may be asked to opt-in to receive further information or communications from our advertisers or agencies.

You can “opt out” from receiving communications from us or from third parties that send communications to you in accordance with this policy. In such cases, you can opt out by using the unsubscribe option in the emails or newsletters sent by us.

You may also opt-out from receiving any direct marketing or promotional information by requesting us via email to desist from sending any direct marketing communications to you by contacting us via connect@nerdbird.co.za.

Please note that you may continue to receive communications from us that are not marketing related by essential to our offerings and service to you.

Retention and Destruction of Information

Personal information that NerdBird collects from you is kept and processed for the purposes it was collected and is not retained longer than required by relevant applicable laws.

NerdBird may retain your information after closing your account to comply with any legal obligations or resolve disputes, maintain security, prevent fraud and abuse, enforce our agreement, or fulfil your request to “unsubscribe” from further communication from us.

We may retain anonymised information using techniques that do not permit your re-identification. If none of those above scenarios is required, Expanding Sapience will permanently delete your details after the purpose of collecting the information has expired.

Governing Law

To the maximum extent possible, South African law applies to this Privacy Notice. If any provision of this Privacy Notice is found to be illegal, void, or unenforceable due to applicable law or by order of a court of competent jurisdiction, it shall be deemed deleted, and the continuation in full force and effect of the remainder of the provisions will not be prejudiced.

Changes to Our Statement

We may amend this statement from time to time, and all amendments we make to our Privacy Notice will be updated on this page.

Information Officer

If you have questions about this Privacy Statement or wish to exercise your rights in terms of access to, correction, or deletion of your information, please contact us to attempt to resolve your query.

Our Information Officer contact details are:
Information Officer

Yonita Singh

Email: connect@nerdbird.co.za

Information Regulator (South Africa)

Should you believe that we have utilised information contrary to applicable law, you undertake to first attempt to resolve any concerns with us. If you are not satisfied with such process, you have the right to lodge a complaint with the Information Regulator of South Africa.

The Information Regulator’s contact details are:
Address: JD house, 27 Stiemens Street, Braamfontein, Johannesburg

Email: inforeg@justice.gov.za
Website: http://www.justice.gov.za/inforeg/