1. Purpose of this Privacy Policy

1.1 This Privacy Policy sets out the basis on which any Personal Information we collect from you, or that you provide to us, will be used, stored and processed by us (“Collect” or Collection”), when making use of our products and/or our services (“Products/Services”) on any of our platforms (herein after collectively referred to as our “Site/s”).

1.2. By continuing to use our Products/Services or any of our Sites, you are accepting and consenting to the practice described in this Privacy Policy. Therefore, please read carefully to understand our views and practices regarding your Personal Information (as defined below) and how we will treat it.

2. Interpretation and Definitions:

2.1. Words that are defined in the Protection of Personal Information Act No. 4 of 2013 (“POPIA”) and used in this Privacy Policy will bear the same meaning as in POPIA unless the context requires otherwise;

2.2. Reference to “consent” shall include any electronic means by which you convey your acceptance and acknowledgement that you agree to us processing your Personal Information, whether it be by the clicking of a button, subscribing, submitting or sending of a message, updating your profile or clicking “I Agree” button or pressing the “enter” button, or by any other means, to submit/convey any information to us;

2.3. Any reference to singular shall include plural, and any reference to a certain gender shall include the opposite gender.

3. Introduction:

3.1. We recognise the importance of protecting your privacy in respect of your Personal Information collected by us.

3.2. We are serious about the privacy of the personal information of our clients and third parties that deal with us and therefore treat it in the most secure way as reasonably possible and in a way that is aligned to the requirements of the Protection of Personal Information Act 4 of 2013 (“PoPIA”) of South Africa. For clarity, The Protection of Personal Information Act (PoPIA or the PoPI Act) is a piece of legislation which governs the law of data protection and privacy in South Africa, where the Music In Africa Foundation is registered.

3.3. Where there are reasonable grounds to believe that your Personal Information has been accessed or acquired by any unauthorized person, we will notify you and the Information Regulator which is appointed in terms of PoPIA.

3.4. We will delay notifying you of the unauthorized access or acquisition of your Personal Information if a public body responsible for detection, prevention or investigation of offences or the Information Regulator informs us that notifying you will impede a criminal investigation.

3.5. When we notify you of the compromise to the security of your Personal Information, we will provide you with sufficient information to allow you to take protective measures against the potential consequences of the compromise.

4. Consent:

By continuing to use our Products/Services and/or our Sites:

4.1. you agree to the terms set out in this Privacy Policy. If you do not agree with this Privacy Policy, please do not continue to use our Products/Services and/or our Site and/or the Products/Services provided by any of our partners; and

4.2. you agree that we may process your Personal Information for, amongst other things, (i) the purposes of providing you with access to our Products/Services, our Sites; and (ii) for any other purposes set out in this Privacy Policy.

5. Variation of Privacy Policy:

We reserve the right to vary the terms of this Privacy Policy. We reserve the right to change this Privacy Policy at any time. We do not undertake to provide you with personal notice of any changes. In the event of material changes, we will provide notice by means that are reasonable under the circumstances, such as by posting a notice on the Websites. Your continued use of the Websites following the posting of changes to this Privacy Policy means you accept those changes.

6. Information types and Collection:

6.1. The type of information collected by us is either information of a personal nature that you supply to us (such as your name address, email address, telephone number, company name etc), when you create an account, request for information, services and / or support, participate in surveys and the like; or content submitted by users in support of Music In Africa’s vision to act as a platform for the sharing and exchange of information relating to the African music industry. See our Terms of Use to see how contributions submitted as a way of sharing industry information or knowledge is dealt with.

When you register on any of our platforms and/or when we receive an enquiry, request or order, we may request, receive, store and record many details that are defined as personal information in PoPIA. We collect the consent, communications and other information you provide when you use our Products/Services, including when you sign up for an account, create or share content, and message or communicate with us via our Site or via any other means. Our systems automatically process content and communications you and others provide to analyse context and what’s in them for the purposes described below. We specifically process the following Personal Information about you:

• personal details such as your name; and a photograph;
• demographic information such as your gender; date of birth / age; nationality; salutation; title; and language preferences;
• where necessary, identifier information such as your passport or national identity number;
• contact details such as correspondence address; telephone number; email address; and details of your public social media profile(s);
• payment details such as billing address; payment method; bank account number or credit card number; invoice records; payment records; SWIFT details; payment amount; and payment date;
• employer details such as where you interact with us in your capacity as an employee of an organisation, the name, address, telephone number and email address of your employer, to the extent relevant; and
• content and advertising data such as records of your interactions with our online advertising and content, records of advertising and content displayed on pages displayed to you, and any interaction you may have had with such content or advertising;

6.2. Anonymous data Collection

You may, as a matter of principle, visit the Music In Africa portal (www.musicinafrica.net) without telling us who you are. We are notified merely of the name of your Internet Service Provider, the website from which you accessed our site, and which of our website pages you visit. This information is evaluated for statistical purposes and your anonymity as an individual user is preserved.

6.3. Cookies

We may place a “cookie” on your computer. A cookie is a small amount of data, which often includes an anonymous unique identifier, sent to your browser from a website’s computers and stored on your computer’s hard drive. We may use cookies to keep track of your choice of language and home page preference and to gather usage data that will help us generally improve the quality of our Website. Should you not want us to send you cookies, there is a simple procedure in most browsers that allows you to deny or accept cookies.

6.4. Use Of IP Address

An IP address is a number that is automatically assigned to a computer whenever it is connected to the Internet.  We may collect IP addresses for the purposes of system administration and to audit the use of the Web Site. We do not link IP addresses to personal information, which means that your session may remain anonymous.  However, the Owner cannot guarantee that this will always be the case.  For example, it may be necessary to identify a particular user when it is necessary to enforce compliance with the Terms and Conditions or to protect our service website or other interests.

6.5. Personally, Identifiable Information

We may collect information that can be used to identify you (Personally Identifiable Information). Please note that we only collect Personally Identifiable Information when you specifically provide it to us such as to register for our newsletter or directory, in response to a survey or when registering for personal services. You may also be asked to create a user account and provide certain information including your name, email addresses, physical address, and telephone number. When you create a user account on our website and sign in to your account, you are not anonymous to us.

7. When will we process your Personal Information?

Personal Information may be processed by us when:

1. you visit, browse, register, subscribe and/or apply for and use our Products/Services and/or our Site;
2. you register to receive any notifications from us in respect of our email authentication service and/or our text message authentication service;
3. you register to attend, and thereafter attend our physical events;
4. we carry out research;
5. when or if required by law; and
6. when and if it is in your best interest.
7. You acknowledge that all Personal Information processed by us may be stored by us and used, inter alia, for any of the purposes, but not exclusively, listed in this policy.

8. How do we use your Personal Information (Purpose of Processing)

Personal information submitted on the portal will be used for the purposes specified in this privacy policy or in relevant parts of the website. The information  is generally used to process your requests and transactions, to ensure that we provide you with the highest quality service possible, to interact with you regarding opportunities that may be of interest to you and to, as much as is possible, customise your experience on the site.

1. In particular we may use your personal information to:
2. monitor the website;
3. improve your browsing experience by personalising the website;
4. enable your use of the services available on the website
5. send you email notifications which you have specifically requested
6. send to you our newsletter
7. deal with enquiries and complaints made by or about you relating to the website; and

Note: The emails that we send contain links that enable you to “unsubscribe” from such mailings.

9. Sharing of your Personal Information:

We will not disclose any of your Personal Information to any person, except when we have your consent and/or permission to do so or where we are required to do so in terms of law or if same is in your best interest;

9.1. You agree that your Personal Information may be shared:

Where the law requires that we disclose your Personal Information to a party, and where we have reason to believe that a disclosure of Personal Information is necessary to identify, contact or bring legal action against a party who may be in breach of the terms or may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other users, or anyone else that could be harmed by such activities, or where the disclosure of your Personal Information would be in your best interest.

10. Other interactions with your Personal Information:

PoPIA requires us to ensure that we hold correct and updated personal  information and, hence, we may need to update your personal information from time to time, and request your assistance in doing so. The request will be sent via email or otherwise, whatever is most reasonable in the circumstances.

11. Disclosures

We may disclose information about you to any of our employees, officers or agents, insofar as reasonably necessary for the purposes as set out in this privacy policy.

1. In addition, we may disclose information about you:
2. to the extent that we are required to do so by law;
3. in connection with any legal proceedings or prospective legal proceedings;
4. in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk)

Except as provided for in this privacy policy and in our Terms Of Use, we will not provide, share, sell or rent your information to third parties.

12. Security Of Your Personal Data

We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information. We will store all the personal information you provide on our secure (password- and firewall- protected) servers. Data transmission over the internet is, however, inherently insecure, and we cannot guarantee the security of data sent over the internet. You are responsible for keeping your password and user details confidential. We will not ask you for your password.

13. Deleting Your Data

You can delete your data or information at any time. The deletion is done in two ways:

1. Deleting all of your information or account at one go: This process removes all the data linked to your profile or account on Music In Africa including email addresses, phone details, messages and other content linked to your account.  To do this, send an email to info@musicinafrica.net with the subject line Account Deletion. Your account and data will be deleted upon verification of the request. Please note that we follow a strict deletion process to make sure that your data is safely and completely removed from our servers or retained only in anonymized form. We try to ensure that our services protect information from accidental or malicious deletion. Because of this, there may be delays between when you delete something and when copies are deleted from our active and backup systems.
2. Deleting parts of the data or information associated to your account: You may want to delete parts of the data or content you provide on your account. This can be done at any time by logging on to your profile and selecting the particular things you want to delete.

14. Third Party Websites

The portal contains links to other websites. We are not responsible for the privacy policies or practices of third party websites.

15. Contact Details:

You may contact us at:

THE INFORMATION OFFICER

MUSIC IN AFRICA FOUNDATION (Registration Number: 133-617-NPO)

Attention:        The Information Officer

Address:           3rd Floor, 158 Jan Smuts Avenue, Johannesburg, South Africa

Contact Number: +27 (0)10 140 1317

Website Address: www.musicinafrica.net Email: admin@musicinafrica.net

Last updated:   20 January 2023