Privacy, Security & Licences
Datara Global Terms of Use & Privacy Policy
Last updated: 12 June 2025
1. Who We Are
Datara (Pty) Ltd. (“Datara”, “we”, “our”, “us”) is a data‑technology company headquartered in South Africa with operations and clients worldwide. This document governs (a) your use of our websites, platforms, APIs, mobile apps, and any other online service we operate (collectively, the “Services”), and (b) how we collect, use, disclose, and protect personal information across all jurisdictions in which we operate.
PART A Terms of Use
2. Acceptance of Terms
By accessing or using the Services you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use the Services.
3. Eligibility & Account Security
You affirm that you are at least 18 years old (or the age of majority in your jurisdiction) and have the legal capacity to enter into these Terms. You are responsible for safeguarding any login credentials and for all activities under your account.
4. License & Intellectual Property
We grant you a limited, revocable, non‑exclusive, non‑transferable licence to access and use the Services for lawful purposes. All content, trademarks, logos, and software remain our or our licensors’ exclusive property. You shall not reproduce, distribute, modify, reverse‑engineer, scrape, or create derivative works without our prior written consent.
5. Acceptable Use
You agree not to:
Violate any applicable law, regulation, or third‑party right.
Upload or transmit viruses, malware, or other harmful code.
Use the Services for unsolicited marketing (“spam”) or to harvest personal information.
Attempt to interfere with or compromise the integrity, security, or performance of the Services.
We may suspend or terminate access for any behaviour that, in our sole judgment, violates these Terms.
6. Third‑Party Links & Integrations
The Services may contain links or connections to third‑party content or services. We provide these for convenience only; we do not endorse or control them and are not responsible for their content or practices.
7. Disclaimer of Warranties
The Services are provided “as is” and “as available”. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non‑infringement, and uninterrupted operation.
8. Limitation of Liability
To the maximum extent permitted by law, Datara, its directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, or for any loss of profits, data, goodwill, or other intangible losses arising from or relating to the Services, even if we have been advised of the possibility of such damages. Our total aggregate liability arising out of these Terms or the Services will not exceed the greater of (a) the amount you paid us (if any) for the specific Service giving rise to the claim during the six months before the event, or (b) USD 100.
9. Indemnity
You agree to indemnify and hold harmless Datara and its affiliates from any claim, demand, loss, or damage (including reasonable attorneys’ fees) arising out of your (a) use of the Services, (b) violation of these Terms, or (c) infringement of any right of a third party.
10. Governing Law & Dispute Resolution
Unless mandatory local law provides otherwise, these Terms are governed by the laws of the Republic of South Africa, without regard to conflict‑of‑law rules. Any dispute shall first be attempted to be resolved amicably; failing which, it shall be submitted to confidential arbitration under the rules of the Arbitration Foundation of Southern Africa (AFSA). Nothing prevents either party from seeking urgent injunctive relief in a competent court.
11. Changes to the Terms
We may modify these Terms from time to time. Material changes will be sign‑posted on the Services or notified by email. Your continued use after the effective date constitutes acceptance of the revised Terms.
PART B Privacy Policy
12. Scope
This Policy explains how we collect, process, share, and protect “Personal Data” (information relating to an identified or identifiable natural person) when you:
Visit our websites or use our online products.
Engage with us as a client, supplier, or business contact.
Interact with our marketing communications or social media.
It applies globally, in accordance with the EU/UK GDPR, South African POPIA, U.S. state privacy laws such as CCPA/CPRA, and other relevant regulations.
13. The Data We Collect
| Category | Examples | Source | Legal Basis* |
|---|---|---|---|
| Identification | Name, email, phone, account ID | You / Employer | Consent; Contract |
| Technical | IP address, device IDs, browser type, cookies, log files | Automatic | Legitimate interests |
| Commercial | Purchase history, service usage analytics | You / Automated | Contract; Legitimate interests |
| Marketing Preferences | Opt‑ins, unsubscribes | You | Consent |
| Sensitive Data | Only where strictly necessary (e.g., biometric ID for secure login) and with explicit consent | You | Explicit consent |
* Under POPIA, GDPR Art. 6, and comparable statutes.
14. How & Why We Use Personal Data
We process Personal Data to:
Provide, maintain, and improve our Services.
Authenticate users and prevent fraud or abuse.
Perform our contractual obligations and bill for services.
Send service communications and, where permitted, marketing messages.
Comply with legal obligations (e.g., financial‑record retention, lawful access requests).
Conduct analytics and develop new products, using anonymisation or pseudonymisation where feasible.
We do not sell Personal Data, nor do we permit third parties to re‑identify anonymised datasets.
15. International Data Transfers
We operate globally. Where Personal Data is transferred outside its origin country, we rely on:
Standard Contractual Clauses (SCCs) approved by the European Commission or UK ICO.
Adequacy regulations (e.g., transfers from UK to South Africa under South Africa’s adequacy status, if applicable).
POPIA‑compliant binding agreements and supplier due‑diligence mechanisms.
16. Data Security
We implement administrative, technical, and physical safeguards aligned with industry frameworks (e.g., ISO/IEC 27001 and the NIST Cybersecurity Framework). Measures include encryption in transit and at rest, strict access controls, secure development practices, and continuous monitoring. No method of transmission is 100 % secure; however, we strive to protect Personal Data using reasonable and appropriate measures.
17. Data Retention
We keep Personal Data only for as long as necessary to fulfil the purposes described above, meet legal / regulatory obligations, resolve disputes, and enforce agreements. Retention periods are defined in our internal Data Retention Schedule.
18. Your Rights
Depending on your jurisdiction, you may have the right to:
Access and obtain a copy of your Personal Data.
Correct inaccuracies.
Request deletion (“right to be forgotten”).
Restrict or object to processing.
Data portability.
Withdraw consent at any time (without affecting processing already performed).
Lodge a complaint with a supervisory authority (e.g., the Information Regulator in South Africa, or the ICO in the UK).
To exercise your rights, contact us (see Section 23).
19. Children
The Services are not directed to children under 16 (or a higher age if required by local law). We do not knowingly collect Personal Data from minors without appropriate parental consent. If we learn we have done so inadvertently, we will delete such data promptly.
20. Cookies & Similar Technologies
We use cookies, SDKs, and pixel tags to operate the Services, remember preferences, analyse traffic, and deliver personalised content. Where required, we request consent via a cookie banner. You can manage your preferences through browser settings or our cookie‑management tool.
21. Third‑Party Processors
We engage vetted service providers (hosting, analytics, customer support, payment processors) under written agreements that impose data‑protection obligations. A current list of sub‑processors is available on request.
22. California & Other U.S. State Disclosures
Residents of California, Colorado, Virginia, Connecticut, and Utah have specific rights concerning their “personal information” (as defined by state law). We honour verified requests to exercise those rights and disclose, delete, or correct data as required. We do not share personal information for cross‑context behavioural advertising in a manner that constitutes “selling”.
23. Contact & Data Protection Officer
Email: privacy@datara.ai
Postal: Datara, Attn: Data Protection Officer, 80 Strand Street, Cape Town 8001, South Africa
Tel: +27 (0)21 555 1234
24. Changes to This Policy
We may update this Policy periodically. We will post the revised version with a new “Last updated” date and, where changes are material, provide prominent notice (e.g., email or in‑app notification). Continued use of the Services constitutes consent to the revised Policy.
25. Entire Agreement & Severability
These Terms, together with any Service‑specific provisions, constitute the entire agreement between you and Datara. If a court finds any provision unenforceable, the rest remains in effect.
26. Questions?
We encourage you to read this document carefully. If you have any questions about these Terms or our privacy practices, please reach out using the contact details above.
By accessing or using the Services, you acknowledge that you have read, understood, and agreed to this Global Terms of Use & Privacy Policy.
Licenses
SACCRA Affiliation (South African Credit & Risk Reporting Association)Datara is an active member of the South African Credit & Risk Reporting Association (SACCRA), the industry‑governing body recognised by the National Credit Regulator for promoting responsible, compliant exchange of credit and risk data. Our affiliation confirms that Datara adheres to SACCRA’s codes of conduct, data‑sharing protocols, and security standards, and that we participate in its ongoing governance, audit, and dispute‑resolution processes. While SACCRA does not issue statutory licences, membership is a prerequisite for accessing and disseminating regulated consumer credit information in South Africa. It demonstrates Datara’s commitment to ethical data stewardship, transparency, and consumer protection across all services worldwide.
