Company Registration Number: 2005/001434/23
If You do not agree to the Terms of this Policy, please do not use the Website.
This Policy was last revised on 2021/06/30
You are advised to regularly check the Website for any amendments or updates.
1. Personal Information Collection and Use
1.1. The Brains Factory and/or its authorised agents and/or its representatives may collect, process, and store certain Personal Information from You in connection with Your use of the Website provided to You by The Brains Factory.
1.4.1. first name and surname,
1.4.2. email address,
1.4.3. telephone and/or cell phone number,
1.4.4. any additional information necessary to enable access to the Website and Services,
1.4.5. details of responses to Your enquiries and any online communications between Us and You, and
1.4.6. any unsolicited information provided to Us that We could have otherwise lawfully collected.
1.5. We collect Personal Information from the following persons:
1.5.1. natural persons over 18,
1.5.2. juristic persons duly represented by a representative,
1.5.3. website visitors, and
1.5.4. people who send enquiries or requests to Our contact email address.
1.6. Should the information We collect personally identify You, or You are reasonably identifiable from it, the information will be considered Personal Information.
1.7. You consent to the receipt of direct marketing communications regarding all future business activities and news.
1.7.1. Consent to receive direct marketing communications can be revoked at any time by contacting Us via email at firstname.lastname@example.org.
1.7.2. We do not specifically market to children.
1.8. The Brains Factory uses online forms to collect Personal Information. By submitting Your Personal Information, You expressly consent to the collection, processing, sharing and storage of Your Personal Information as defined in this Policy.
1.9. The Brains Factory may also automatically collect and store non-personally identifiable information related to Your use of the Website. Non-personally identifiable information may include Personal Information that has been aggregated.
1.10. Your Personal Information is used for the following:
1.10.1. to enable access and ease of use of the Website;
1.10.2. to process and respond to any complaint made by You;
1.10.3. to engage in electronic communications and transactions with You;
1.10.4. to compile anonymous statistical data and analysis for use internally or with third parties; and
1.10.5. to resolve disputes and troubleshoot problems.
1.12. Personal Information is automatically collected in relation to Your visit to the Website, such information includes but is not limited to:
1.12.1. Your browser type and version,
1.12.2. Your device type,
1.12.3. Your operating system,
1.12.4. Your IP address, and
1.12.5. Your geo-location.
1.13. We are also able to use the information collected to improve Our internal business processes. We research Our Users’ habits, measure traffic patterns in the aggregate, analyse trends, administer the Website, track Users’ movements and gather broad demographic information.
1.14. The Brains Factory uses Google Universal Analytics, which supports data collection without browser cookies. It helps Us to understand User interaction with Our Website and implement changes that evolve the Website to suit Your needs.
1.15. The Website hosting agents and/or service providers may automatically log Your “IP address” which is a unique identifier for Your computer and/or other access device. Such information collected is for aggregate purposes only and cannot be used to identify You personally.
2. Consent To Process Personal Information
2.1. By using Our Website, You represent that You are of the age of 18 or older. This consent is effective on access and use of the Website.
2.2. You understand that such consent to the processing of Your Personal Information by The Brains Factory pertains to access and use of the Website. Processing shall include the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation, use, dissemination by means of transmission, distribution or making available in any other form, or merging, linking, as well as blocking, degradation, erasure or destruction of information.
2.3. You expressly consent to The Brains Factory retaining Your Personal Information once Your relationship with The Brains Factory has been terminated for: aggregate, statistical and reporting purposes.
2.4. In the event that You wish to revoke all consent pertaining to Your Personal Information and You would like The Brains Factory to remove and/or delete Your Personal Information entirely, You must notify The Brains Factory via email at email@example.com.
2.5. Personal Information may be processed by The Brains Factory in the country where it was collected.
3. Handling Of Personal Information
3.1. The Brains Factory endeavours to comply with all laws and regulations applicable to and pertaining to information and communications privacy including, but not limited to, the 1996 South African Constitution and the Protection of Personal Information Act 4 of 2013 (“the Act”). The Brains Factory applies the principles of protection of Personal Information under the Act as well as further legislation referred to in the Act.
3.2. You may request access to any Personal Information We hold about You at any time by contacting Us via email at firstname.lastname@example.org.
3.3. The Brains Factory seeks to ensure the quality, accuracy and confidentiality of Personal Information in its possession.
3.4. The User has the right to correct and update Personal Information as well as to revoke consent to the processing of Personal Information by The Brains Factory. The User, however, understands that The Brains Factory requires Personal Information to provide access to the Website and should the User decide to revoke consent The Brains Factory may not be able to provide the User with such access.
3.5. There may be instances where we cannot grant You access to the Personal Information We hold. We may need to refuse access if granting access would interfere with the privacy of others or if it would result in a breach of confidentiality. Should this be the case, We will give You written reasons for any refusal.
3.6. The Brains Factory will take all reasonable measures in order to ensure Your Personal Information is appropriately safeguarded, these precautions include, but are not limited to: the use of a sufficiently secure server, the installation of web security tools, regular website and file backups, as well as additional website updates.
3.7. Should an unauthorised person/s gain access to Your Personal Information The Brains Factory will contact You within a reasonable time to inform You of the security breach.
3.8. As Our Website is linked to the internet, and the internet is inherently insecure, We cannot provide any assurance regarding the security of transmission of information You communicate to Us online. We also cannot guarantee that the information You supply will not be intercepted while being transmitted over the internet. Accordingly, any Personal Information or other information which You transmit to Us online is transmitted at Your own risk.
3.9. The Brains Factory will not sell, exchange or transfer Your Personal Information to any third party except as in accordance with the consents provided by You.
3.11. The Website may contain links to other websites. The Brains Factory is not responsible for the privacy practices of third party sites.
4. Disclosure Of Personal Information
4.1. Records relating to the provision of access to the Website by The Brains Factory to You and the Personal Information submitted by You may be required to be retained in terms of legislated records retention requirements, The Brains Factory’s operational purposes and/or for production as evidenced by The Brains Factory in legal proceedings.
4.2. The Brains Factory may disclose Your Personal Information to:
4.2.1. Our employees to enable Us to operate Our business;
4.2.2. fulfil requests by You;
4.2.3. any organization or party for any authorised purpose with Your express consent.
4.2.4. The Brains Factory may further disclose Your Personal Information under the following circumstances:
184.108.40.206. To comply with the law or with legal process;
220.127.116.11. To protect and defend The Brains Factory’s rights, equipment, facilities and other property;
18.104.22.168. To protect The Brains Factory against misuse or unauthorised use of the Website; and/or
22.214.171.124. To protect other Website Users or third parties affected negatively by Your actions in use of the Website.
4.2.5. Personal Information is stored on servers inside of South Africa.
4.2.6. We have placed security safeguards to protect Your Personal Information through agreements concluded with third party service providers. We will not be held liable for any illegal activity or other activity that may result in a claim for damages due to lack of protection of Your Personal Information whilst under the care of the third party.
4.2.7. Should an unauthorised person/s gain access to Your Personal Information The Brains Factory will contact You within a reasonable time to inform You of the security breach.
5. Objections, Complaints And Queries
5.2. We will treat Your requests or complaints confidentially.