Privacy Policy, Terms & Conditions and Notice of Informed Conscent

In terms of Section 14 of the Bill of Rights of the Constitution, you have the constitutional right to data privacy.

LEBLAQC (PTY) LTD is committed to protecting this right and ensures that any personal information we hold about you is processed appropriately and in accordance with applicable laws.

By accepting our Terms and Policies, you give us your informed consent to process your personal information in accordance with the Protection of Personal Information Act, 2013 (POPIA).

Please note: This notice applies to all interactions via email, our website, and social media platforms.

  1. Defining the Terms Used Throughout This Policy

The following terms are listed alphabetically and are commonly used throughout this Policy. Unless used in a clearly different context, they carry the meanings as defined below:

  • “Leblaqc”– refers to us, the company LEBLAQC (PTY) LTD, with registration number, and our registered physical address at: 24 starling road bluff Fynnlands KwaZulu Natal 4052.
  • “Child” – any person under the age of eighteen (18) years.

1.3 “Cookies” – a cookie is a small text file sent by a web server and stored in the browser used to access a website. Some cookies ensure proper website functionality, while others store user preferences or collect anonymous usage and behavioural statistics.

1.4 “Data Breach” – refers to the compromise of personal information through either physical or digital means. This may include unauthorised access, loss, disclosure, or alteration of the personal information held by leblaqc.

1.5 “Data Subject” – as cold as it may sound, this refers to you, the individual reading this document or using this website.

1.6 “Direct Marketing” – unsolicited emails, phone calls, or other communications intended to sell you a product or service – the modern version of hawking.

1.7 “Direct Marketer” – any person or business that uses direct marketing to promote products or services.

1.8 “Personal Information” – any information that can be used to identify you as a Data Subject. This includes, but is not limited to: names, contact details, company information, religious and political views, personal opinions, correspondence, health and employment records, and financial information.

1.9“Policy” – this Privacy Policy you are reading.

1.10 “POPIA” – the Protection of Personal Information Act, No. 4 of 2013.

1.11 “Processing” – any operation or activity (automated or manual) involving personal information, including:

  • (a) Collecting, recording, storing, retrieving, altering, or consulting data;
  •  (b) Distributing, sharing, or making information available;
  •  (c) Linking, merging, or destroying data.

1.12 “Responsible Party” – an individual or entity that determines why and how personal information is processed.

1.13 “Special Personal Information” – sensitive personal data, including biometric information, criminal records, ethnic origin, race, health data, union membership, political or philosophical beliefs, and sexual orientation.

1.14 “Third Party” – any agent, consultant, contractor, sub-contractor, or service provider engaged by the Responsible Party.

  1. The Purpose of This Policy

2.1 The primary purpose of this Policy is to inform Data Subjects how leblaqc collects and processes Personal Information.

2.2 Acting as the Responsible Party (and/or Operator, where applicable), leblaqc is committed to observing and complying with all obligations set out under the Protection of Personal Information Act (POPIA). We follow recognised principles, practices, and guidelines when processing Personal Information, whether on our own behalf or on behalf of any Data Subject.

2.3 Leblaqc collects only the information necessary to deliver our services and products effectively. This Policy applies to all Personal Information obtained:

  • Directly from you, the Data Subject; or
  • Indirectly through a third party who acts on your behalf or provides services to us.

2.4 In certain cases, we use third-party service providers to assist in delivering our services. Please note that this Privacy Policy does not extend to those providers, as they operate under their own policies. We make use of the following third-party tools and services:

Google Analytics, Mailchimp, Google Ads, PayFast / PayGate, PayPal, Other

  1. How We Collect Personal Information

3.1 Leblaqc collects relevant Personal Information directly from Data Subjects to perform a service or complete a purchase.

3.2 Leblaqc will always collect Personal Information in a lawful and responsible manner. We are committed to safeguarding this information and will only process it on legitimate legal grounds.

  1. How We Process Personal Information

4.1 When acting as the Responsible Party, leblaqc will only process a Data Subject’s Personal Information (excluding Special Personal Information) under one or more of the following legal bases:

4.1.1 The Data Subject has given consent, or in the case of a child, a competent person has provided consent;

4.1.2 Processing is necessary to take steps to conclude or perform a contract with the Data Subject;

4.2 leblaqc will always strive to ensure that Data Subjects are informed about why and how their Personal Information is being processed.

  1. Personal Information of Children and Special Personal Information

5.1 Leblaqc will generally not process the Personal Information of a Child or any Special Personal Information unless one or more of the following conditions apply:

5.1.1 The Data Subject has given explicit consent;

5.1.2 Specific authorisation is granted under POPIA.

5.2 In line with POPIA, leblaqc may not process a Child’s Personal Information without the consent of a legal guardian or parent. All such processing will be carried out in full compliance with the applicable laws.

  1. The Purpose for Processing Personal Information

6.1 In fulfilment of its POPIA obligations, leblaqc ensures that Data Subjects are fully informed about how their Personal Information is collected and processed.

6.2 Leblaqc will process Personal Information only for clear, lawful purposes and will ensure that Data Subjects are aware of those purposes.

6.3 A legal basis will always exist for the Processing of Personal Information, and such information will not be used for any other purpose beyond what has been communicated to the Data Subject.

6.4 Processing of Personal Information will be directly related to leblaqc’s business operations and will always consider the Data Subject’s best interests.

  1. Maintaining Personal Information

7.1 Leblaqc is committed to ensuring that all Personal Information in its possession is accurate, up to date, and complete to the extent reasonably possible, based on the information collected.

7.2 It is expected that Data Subjects will take responsibility for notifying leblaqc of any changes to their Personal Information to ensure the data remains current and correct.

  1. Processing and Storing Personal Information by LEBLAQC and Third Parties

8.1 Leblaqc may store Personal Information in electronic or hard copy format. Data may also be stored on secure third-party servers, cloud platforms, or technology providers contracted to support leblaqc’s operations in website development, graphic design, digital marketing, and hosting services.

8.2 Leblaqc will ensure that all Third-Party Service Providers who handle Personal Information do so in accordance with this Policy, internal security protocols, and the provisions of POPIA.

8.3 Leblaqc, its affiliates, and service providers may be in South Africa or internationally. As a result, Personal Information may be processed outside the borders of South Africa. Regardless of geographic location, leblaqc will take all reasonable precautions to ensure that such information is handled with a standard of protection equal to, or higher than, that required by applicable laws including POPIA.

  1. THE USE OF PERSONAL INFORMATION FOR THE PURPOSE OF DIRECT MARKETING

9.1 leblaqc, acting in its capacity as a Direct Marketer, will strive to comply with its POPIA obligations when undertaking any direct marketing activities.

9.2 leblaqc acknowledges that a Data Subject must first provide permission as indicated in {uses_direct_marketing} in order to receive Direct Marketing communications from leblaqc.

9.3 Where consent is provided, leblaqc may use Personal Information to contact a Data Subject and promote its products and services using the selected methods in {marketing methods} (e.g., email, SMS, WhatsApp, phone calls).

9.4 If the Data Subject is an existing client, leblaqc will only use the Personal Information collected during the provision of a product or service in relation to similar services offered by leblaqc.

9.5 leblaqc will give a Data Subject the opportunity to object to their Personal Information being used for Direct Marketing purposes. If a Data Subject previously gave consent and no longer wishes to receive such communication, they can unsubscribe using a clearly visible link provided in each Direct Marketing message.

  1. RETAINING PERSONAL INFORMATION

10.1 leblaqc is allowed to keep a record of Personal Information, whether in electronic or hardcopy format. This may include, but is not limited to: {personal_data_collected} this data is retained strictly for purposes such as: {data_usage}

10.2 leblaqc may not retain Personal Information longer than necessary for the purpose it was collected. Once the purpose has been fulfilled, the data must be securely destroyed in a manner that prevents reconstruction or re-identification. This retention limitation does not apply where:

  • 10.2.1 The Personal Information is required by law or a regulatory authority;
  • 10.2.2 It is necessary for leblaqc to carry out its lawful functions and activities;
  • 10.2.3 A valid contract exists between leblaqc and the Data Subject requiring retention;
  • 10.2.4 The Data Subject has explicitly consented to the retention;

10.3 leblaqc will ensure that any personal information is securely destroyed as soon as the original purpose has been met. Destruction methods will ensure the information cannot be reconstructed or linked back to the Data Subject. Non-identifiable, anonymised data may be retained and used indefinitely by leblaqc.

  1. FAILURE TO PROVIDE PERSONAL INFORMATION

11.1 In order to deliver products and services effectively, leblaqc is required to collect Personal Information lawfully from its Data Subjects. Failure to provide such information may result in leblaqc being unable to fulfil the requested service or product.

11.2 Without the necessary Personal Information, leblaqc may not be able to perform its duties including providing services or products to clients.

  1. KEEPING PERSONAL INFORMATION SAFE

12.1 leblaqc is committed to safeguarding all Personal Information from loss, damage, alteration, and unauthorised access by third parties.

12.2 To protect the Personal Information of its Data Subjects, leblaqc has implemented appropriate security measures — including physical, digital, and contractual safeguards designed to prevent loss, theft, unauthorised use, disclosure, copying, alteration, or destruction of such data.

  1. BREACH OF PERSONAL INFORMATION

13.1 A Data Breach refers to any incident where there are reasonable grounds to believe that Personal Information has been compromised, acquired, or accessed by an unauthorised third party.

13.2 Data Breaches may result from various incidents, including but not limited to:

  1. Cyberattacks such as hacking, phishing, or malware
  2. Equipment failure
  3. Loss or theft of devices containing Personal Information
  4. Natural disasters or unforeseen events (e.g., flooding)
  5. Human error

13.3 In the event of a breach, leblaqc will respond in accordance with POPIA guidelines.

13.4 Where applicable, leblaqc will notify both the affected Data Subjects and the Information Regulator as soon as reasonably possible, unless advised otherwise by authorities in writing.

  1. PROVIDING PERSONAL INFORMATION TO THIRD PARTY SERVICE PROVIDERS

14.1 leblaqc may disclose Personal Information to third-party service providers, provided they have agreed to process such information in line with this Policy and POPIA requirements.

14.2 These third-party providers may support leblaqc in the following capacities:

  • 14.2.1 Data storage and hosting
  • 14.2.2 Accounting, auditing, and bookkeeping services
  • 14.2.3 Communication and notifications to Data Subjects regarding relevant matters

14.3 Personal Information will not be shared with any third party without the Data Subject’s consent, unless otherwise required or permitted by law.

14.4 leblaqc will obtain the necessary consent from the Data Subject before transferring Personal Information across borders, in accordance with the cross-border data flow provisions of POPIA.

14.5 Data Subjects should note that Personal Information processed in a foreign jurisdiction may be subject to that country’s laws and could be accessed by government agencies, courts, or law enforcement as permitted by local regulations.

  1. WEBSITE COOKIES

15.1 This website makes use of cookies to enhance the user experience and anonymously track website usage and behaviour. Cookies help us to understand how users interact with our content and services. This includes cookies from Google Analytics, Mailchimp, Google Ads, PayFast / PayGate, PayPal, Other, which are essential for the website to function properly.

15.2 You may refuse the use of cookies by adjusting your browser settings to block or disable them. However, please note that certain functions or sections of the website may become inaccessible or may not function correctly without cookies.

15.3 By continuing to use this website, accepting cookies, or failing to disable them, you consent to the processing of your personal information collected via cookies, in accordance with the provisions of this Privacy Policy.

  1. ACCESSING PERSONAL INFORMATION

16.1 In terms of the Promotion of Access to Information Act (PAIA), No. 2 of 2000, Data Subjects have specific rights regarding access to their personal information. These include:

16.1.1 Right of Access

A Data Subject, upon providing positive identification, has the right to:

  • (i) Enquire whether leblaqc holds any Personal Information about them;
  • (ii) Request confirmation and details of what information is held;
  • (iii) Know which third parties may have access to that information.
  1. CHANGES TO THIS POLICY

17.1 Leblaqc reserves the right to update or amend this Privacy Policy at any time.

17.2 The most recent version of this Privacy Policy will apply to all interactions between Leblaqc and the Data Subject. By accessing Leblaqc’s website at http://www.leblaqc.com or using its services, the Data Subject agrees to the terms of the version in force at the time of access.

  1. CONTACTING US

18.1 For any queries, comments, concerns, or complaints regarding the processing of Personal Information, you may contact Leblaqc using the details below:

By Mail: info@leblaqc.com 

By Phone: 069 798 4274

  1. If you are not satisfied with how Leblaqc handles your complaint or request, you may escalate the matter to the Information Regulator using the following details: