Privacy Policy and terms of use

Who we are 


Ubiquity AI (Pty) Ltd “Ubiquity AI” is an artificial intelligence technology provider using both hardware and cloud services to store information. The company is domiciled in the Republic of South Africa (registration number 2018/109779/07). 


Ubiquity AI  will maintain the confidentiality of your personal information and comply with the Protection of Personal Information Act 4 of 2013 (POPIA)  when processing your personal information (in South Africa) and comply GDPR (in the EU).


The GDPR (General Data Protection Regulation) applies to companies that process personal data of EU residents. This Regulation covers EU organisations and non-EU companies that offer goods or services to EU residents, or monitor their behavior. Under GDPR, Ubiquity AI is defined as a ‘data controller’. 


At Ubiquity AI, which operates both in Europe and Africa, we are committed to ensuring that your privacy is protected in accordance with applicable regulations. 


Should we ask you to provide certain information by which you can be identified when using this website, that information will only be used in accordance with this privacy statement.


Ubiquity AI may change this policy by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 6 October 2019.


Data we collect 


As part of our product offering (which may in future be facilitated via this website) and for marketing purposes, we may collect data from both our clients, other third parties and through our website (www.ubiquity-ai.com).  We develop transactional chatbots for our clients, which may pass on their customer records, which relate to services provided to that consumer by that services provider.  These records are stored on both our computer hard drives and the cloud. Our systems are only accessible by authorised staff and our data processors. We will never pass your details to  any third party (except for our business data processors) without your consent.


We may also periodically send marketing emails to subscribers using the email address which you have provided and with your permission. 


We use data processors to carry out some of our tasks, which include chatbot  services (human-machine data interfaces) on online platforms like WhatsApp, Messenger and or other online platforms, a website and marketing platform,  records of customer chatbot conversations, a cloud backup service, an invoicing system and online banking system. Our core business services are opt-in services and a consumer can revoke permission to use our services or personal data at any time. 


We only collect information that is adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed. We regularly review these data processors to check they comply/conform with POPIA and GDPR requirements, where applicable.


How does Ubiquity AI collect personal information?


The company collects information either directly from the data subject, the data subject’s service provider (which may be our client) and via other third parties. The source from which personal information was obtained, if not directly from the data subject, will ALWAYS be disclosed.


How long we keep your data


We keep your information in a secure database. We keep all records for seven years after no contact before deleting them, unless applicable laws require otherwise.


You can also contact us at any time to request any of the following regarding your personal data:


A complete copy of the data we hold for you


Deletion of your personal data in our database


Restriction of specific processing of your personal data


Rectification of any incorrect information in your data


Withdraw your consent for us to use the data we hold. 


Please note that your service provider may have provided your data to utilise our services - to provide you new and enhanced services - on their behalf. In certain instances you may have to contact your primary service provider directly to remove your data from their database. 


To contact us, email the Ubiquity AI data controller at info@ubiquity.co.za with the following information:


Full name

Address

Reason for the request

Description of request


For our email marketing subscribers, you can unsubscribe from our newsletters at any time, using the unsubscribe link on the email. Alternatively, you can contact us and ask to be removed from future mailings on info@ubiquity.co.za


Sharing of personal information


Ubiquity AI will only share your personal information with third parties if you have consented to such disclosure.


Where Ubiquity AI discloses personal information to any other third party, the third party will be obliged to use that personal information only for the reasons and purposes it was disclosed for. Ubiquity AI may be obliged to disclose your personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, or for the purposes of protecting the interest of clients, for example fraud prevention or to give effect to an agreement.


Securing personal information


Ubiquity AI will take all reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information. The company will store all the personal information in secured environments, for example on secured servers in a protected data centre.  We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorised access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.


Sensitive and private data exchange between our website and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures.


How you can review and correct your personal information


You can request to review your personal information contained in Ubiquity AI’s records at any time to correct or update the information. If the purpose for which your personal information was requested initially does not exist anymore, for example you may have opted out from a chatbot service, you may request information held by the company to be removed. However, Ubiquity AI can decline your request to delete the information from its records if other legislation requires the continued retention thereof or if it has been de-identified.


How we use cookies


We use cookies on this website. We use Google Analytics to process generalised web analytics. A cookie is a small file that asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic, personalises your experience or lets a site know if you have visited it before (so it can retain your preferences, orders info, and so on).


We use traffic log cookies to identify which pages are being visited. This helps us analyse data about web page traffic and improve our website in order to tailor it to your needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.


Acceptance of Ubiquity AI’s Privacy Policy


By using this website, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our website. Your continued use of the website following the posting of changes to this policy will be deemed your acceptance of those changes.


If you have any questions about this notice or Ubiquity AI’s treatment of your personal information, please address an email to info@ubiquity.co.za

POPI Privacy Policy


Where we refer to process, it means how we collect, use, store, make available, destroy, update, disclose, or otherwise deal with your Personal Information. As a general rule we will only process your personal information if this is required to deliver or offer a service or carry out a transaction.

In this Privacy Policy when we say “we” or “us” or “our” this includes our company and any of its subsidiaries.

If you use our services, you agree that we may process your personal information as explained in this Privacy Policy. Please read this Privacy Policy carefully because it may limit your rights.

We may change this Privacy Policy from time to time if the law or business practices require it.

The version of the Privacy Policy displayed on our website will apply to your interactions with us.

This Privacy Policy establishes a general standard for the appropriate protection of personal information within our company’s environment and it provides principles regarding the rights of individuals to privacy and to reasonable safeguards of their personal information.


What is personal information?


Personal information refers to any information that identifies you or specifically relates to you. Personal information includes, but is not limited to, the following information about you:

  • your marital status;

  • your national origin;

  • your age;

  • your language; birth place; education;

  • your financial history (like your income, third party payments made on your behalf and the like)

  • your identifying number (like an employee number, identity number or passport number);

  • your e-mail address; physical address; telephone number;

  • your biometric information (like fingerprints, your signature or voice);

  • your race; gender; sex; pregnancy status; ethnic origin; social origin; colour; sexual orientation;

  • your physical health; mental health; well-being; disability; religion; belief; conscience; culture;

  • your medical history; criminal history; employment history;

  • your personal views, preferences and opinions;

  • your confidential correspondence;

  • another’s views or opinions about you.

Personal information includes special personal information, as explained below.


When will we process your personal information?


We will only process your personal information for lawful purposes relating to our business if the following applies:

  • if you have consented to us processing your personal information;

  • if a person who is legally authorised by you, the law or a court, has consented;

  • if it is necessary to conclude or perform under a contract we have with you;

  • if the law requires or permits it;

  • if it is required to protect or pursue your, our, or a third party’s legitimate interest.


What is special personal information?


Special personal information is personal information about the following:

  • your race;

  • your ethnic origin;

  • your trade union membership;

  • your health;

  • your biometric information;

  • your criminal behaviour and alleged commission of an offence.

When will we process your special personal information?


We may process your special personal information in the following circumstances:

  • if you have consented to the processing;

  • if the information is being used for any human resource or payroll requirement;

  • if the processing is needed to create, use or protect a right or obligation in law;

  • if the processing is for statistical or research purposes and all legal conditions are met;

  • if the special personal information was made public by you;

  • if the processing is required by law;

  • if racial information is processed, and the processing is required to identify you; or if health information is processed, and the processing is to determine your insurance risk, or to comply with an insurance policy or to enforce an insurance right or obligation.

When and from where we obtain personal information about you


  • We collect personal information from you directly.

  • We collect information about you based on your use of our products or services.

  • We collect information about you based on how you engage or interact with us such as via our support desk, emails, letters, telephone calls, website and surveys.

  • We collect personal information from completed forms eg contact and billing information, booking forms, registration forms, feedback review forms, online enquiries and the like.

  • We collect personal information from 3rd parties that are directly integrated with our software platform.

  • We may collect personal information from a public record or if you have deliberately made the information public.

If the law requires us to do so, we will ask for your consent before collecting personal information about you from third parties.

The third parties from whom we may collect your personal information include, but are not limited to, the following:

  • companies associated with our company for any of the purposes identified in this Privacy Policy;

  • your spouse, dependents, partner, employer, and other similar sources;

  • people you have authorised to share your personal information, such as a person who makes a booking on your behalf or a medical practitioner for insurance purposes;

  • attorneys, tracing agents, debt collectors and other persons who assist with the enforcement of agreements;

  • payment processing services providers, merchants, banks and other persons who assist with the processing of your payment instructions;

  • insurers, brokers, other financial institutions or other organisations that assist with insurance and assurance underwriting, the providing of insurance and assurance policies and products, the assessment of insurance and assurance claims and other related purposes;

  • law enforcement and fraud prevention agencies and other persons tasked with the prevention and prosecution of crime;

  • regulatory authorities, industry ombudsman, governmental departments, local and international tax authorities;

  • trustees, executors or curators appointed by a court or legal authority;

  • our service providers, agents and sub-contractors and other persons we use to offer and provide services to you;

  • courts of law or tribunals;

  • participating partners, whether retail or online, in any customer loyalty reward programmes.


Reasons we need to process your personal information


We will process your personal information for the following reasons:

  • to provide you with products and services;

  • to market our products and services to you;

  • to respond to your enquiries and complaints;

  • to provide you with invoices, statements, reports, quotations and confirmations;

  • to comply with legislative, regulatory, risk and compliance requirements (including directives, sanctions and rules), voluntary and involuntary codes of conduct and industry agreements or to fulfil reporting requirements and information requests;

  • to conduct market and behavioural research, including scoring and analysis to determine if you qualify for products and services or to determine your credit or insurance risk;

  • to develop, test and improve products and services for you;

  • for historical, statistical and research purposes, like market segmentation;

  • to process payment instruments;

  • to create, manufacture and print payment advice;

  • to enable us to deliver documents or notices to you;

  • for security, identity verification and to check the accuracy of your personal information;

  • to communicate with you and carry out your instructions and requests;

  • for customer satisfaction surveys, promotional offerings;

  • insurance and assurance underwriting and administration;

  • to process or consider or assess insurance or assurance claims;

  • to provide insurance and assurance policies and products and related services;

  • to enable you to take part in customer loyalty reward programmes, to determine your qualification for participation, earning of reward points, determining your rewards level, monitoring your buying behaviour with our rewards partners to allocate the correct points or inform you of appropriate products and services you may be interested in or to inform our reward partners about your purchasing behaviour;

  • to enable you to take part in and make use of value-added services;

  • to assess our lending and insurance risks;

  • for any other related purposes.


How we use your personal information for marketing


  • We will use your personal information to market our products and services to you.

  • We will do this in person, by post, telephone, or electronic communication such as SMS, email and fax.

  • If you are not our customer, or in any other instances where the law requires, we will only market to you by electronic communication with your consent.

  • In all cases you can request us to stop sending marketing communications to you at any time.


When, how and with whom we share your personal information


In general, we will only share your personal information if any one or more of the following apply:

  • if you have consented to this;

  • if it is necessary to conclude or perform under a contract we have with you;

  • if the law requires it;

  • if it’s necessary to protect or pursue your, our, or a third party’s legitimate interests.

Where required, the company may share your personal information with the following persons. These persons have an obligation to keep your personal information secure and confidential:

  • other members of the company or appointed third parties (like its authorised agents, partners, contractors, cessionaries and suppliers) for any of the purposes identified in this Privacy Policy;

  • our employees as required by their employment conditions;

  • attorneys, tracing agents, debt collectors and other persons that assist with the enforcement of agreements;

  • payment processing services providers, merchants, banks and other persons that assist with the processing of your payment instructions;

  • law enforcement and fraud prevention agencies and other persons tasked with the prevention and prosecution of crime;

  • Regulatory authorities, industry ombudsmen, governmental departments, local and international tax authorities and other persons the law requires us to share your personal information with;

  • our service providers, agents and sub-contractors and other persons we use to offer and provide products and services to you;

  • persons to whom we have ceded our rights or delegated our obligations to under agreements, like where a business is sold;

  • courts of law or tribunals that require the personal information to adjudicate referrals, actions or applications;

  • trustees, executors or curators appointed by a court of law or legal authority;

  • participating partners in our customer loyalty reward programmes, where you purchase products and service or spend loyalty rewards;

  • our joint venture and other partners with whom we have concluded business agreements, for your benefit.


Under what circumstances will we transfer your information to other countries?

We will only transfer your personal information to third parties in another country in any one or more of the following circumstances:

  • where the transfer is necessary to enter into or perform under a contract with you, or a contract with a third party that is in your interest;

  • where you have consented to the transfer;

  • where it is not reasonably practical to obtain your consent, the transfer is in your interest

  • where your personal information will be adequately protected under the other country’s laws or an agreement with the third party recipient.​​


This transfer will take place within the requirements and safeguards of the law. Where possible, the party processing your personal information in the other country will agree to apply the same level of protection as available by law in our country or if the other country’s laws provide better protection, the other country’s laws would be agreed to and applied.

Your duties and rights about the personal information we have about you:

  • You must provide proof of identity when enforcing the rights below.

  • You must inform us when your personal information changes.

Please refer to our Promotion of Access to Information Act 2 of 2000 Manual (PAIA Manual above) for further information on how you can give effect to the rights listed below.

You have the right to request access to the personal information we have about you by contacting us. This includes requesting:

  • confirmation that we hold your personal information;

  • a copy or description of the record containing your personal information; and

  • the identity or categories of third parties who have had access to your personal information.


We will attend to requests for access to personal information within a reasonable time. You may be required to pay a fee to receive copies or descriptions of records, or information about third parties. We will inform you of the fee before attending to your request.

Please note that the law may limit your right to access information.

You have the right to request us to correct or delete the personal information we have about you if it is inaccurate, irrelevant, excessive, out of date, incomplete, misleading, obtained unlawfully or we are no longer authorised to keep it. You must inform us of your request in writing. Please refer to our PAIA Manual for further information in this regard, like the process you should follow to give effect to this right. It may take up to 15 business days for the change to reflect on our systems. We may request documents from you to verify the change in personal information.

A specific agreement that you have entered into with us may determine how you must change your personal information provided at the time when you entered into the specific agreement. Please adhere to these requirements. If the law requires us to keep the personal information, it will not be deleted upon your request. The deletion of certain personal information may lead to the termination of your business relationship with us.

You may object on reasonable grounds to the processing of your personal information. We will not be able to give effect to your objection if the processing of your personal information was and is permitted by law; you have provided consent to the processing and our processing was done according to your consent or the processing is necessary to conclude or perform under a contract with you.

Where you have provided your consent for the processing of your personal information, you may withdraw your consent. If you withdraw your consent we will explain the consequences to you. We may proceed to process your personal information even if you have withdrawn your consent if the law permits or requires it. It may take up to 15 business days for the change to reflect on our systems. During this time we may still process your personal information. You must inform us of any objection in writing. Please refer to our PAIA Manual for further information in this regard, like the process you should follow to give effect to this right.

You have a right to file a complaint with us or any Regulator with jurisdiction about an alleged contravention of the protection of your personal information by us. We will address your complaint as far as possible.


How we secure your personal information

We will take appropriate and reasonable technical and organisational steps to protect your personal information according to industry best practices. Our security measures (including physical, technological and procedural safeguards) will be appropriate and reasonable. This includes the following:

  • keeping our systems secure (like monitoring access and usage);

  • storing our records securely;

  • controlling the access to our buildings, systems and/or records;

  • safely destroying or deleting records;

  • ensuring compliance with international security standards.


How long do we keep your personal information?

We will keep your personal information for as long as:

  • the law requires us to keep it;

  • a contract between you and us requires us to keep it;

  • you have consented for us to keep it;

  • we are required to keep it to achieve the purposes listed in this Privacy Policy;

  • we require it for statistical or research purposes;

  • a code of conduct requires us to keep it;

  • we require it for our lawful business purposes.

Please note: We may keep your personal information even if you no longer have a relationship with us, for the historical data that may be required by your employer.