Malaika Data Repository application is owned by Andani Africa (“we”, “us”, “our”). The purpose of this Privacy Policy is to protect your privacy and ensure that your personal data is handled inaccordance with applicable data protection laws, including Protection of Personal InformationAct (“POPIA”), the European Union’s General Data Protection Regulation (“GDPR”) and otherapplicable privacy protection legislation.
This Privacy Policy sets out how we collect, use, disclose, and protect the personal data ofusers (“you”, “your”) who upload, share, and access information and documents through ourresearch-based user-generated content data repository application (“Malaika”).
1. Data Controller/Processor
1.1. Malaika is the Developer, Data Controller and/or Processor for the purposes of this Privacy Policy and applicable data protection laws.
2. Types of Data Collected
2.1. We collect and process the following categories of data:
2.2. User-Provided Data
2.2.1. Personal identifiers (name, email address, contact information)
2.2.2. Uploaded documents, images, and other files containing user-generated content
2.2.3. Metadata related to uploaded content (time, location, file type, etc.)
2.2.4. Payment Information including credit or debit card numbers, account numbers,card expiration dates, security codes and all other information provided by theUser in processing payment;
2.2.5. Any other data voluntarily provided via forms or correspondence
2.3 Automatically Collected Data
2.3.1. IP address
2.3.2. Device information
2.3.3. Browser type and version2
2.3.4 Usage and interaction data within Malaika
2.3.5 Cookies used for overall app usage improvement and similar tracking tools.
3. Legal Basis for Processing3.1. We process your personal data on the following lawful bases:
3.1.1. Consent: When you voluntarily submit personal data or content.
3.1.2. Performance of a Contract: Where processing is necessary for the performance ofour terms of service.
3.1.3. Legitimate Interests: For research, development, and analysis in the creativecultural industries.
3.1.4. Legal Obligation: Where processing is necessary for compliance with legalobligations.4. Purpose of Data Collection
4.1. We collect and process your data for:
4.1.1. Operating and maintaining Malaika
4.1.2. Facilitating research, development, and analysis in the creative cultural industries
4.1.3. Generating anonymised or aggregated reports
4.1.4. Improving user experience and Malaika functionality
4.1.5. Communicating updates, notices, or marketing (where permitted) Ensuringcompliance with legal obligations
5. Data Sharing and Disclosure
5.1 We may share your personal data as set out in the Terms of Service [INSERT LINK]:
5.1.1 With research partners, collaborators and/or other Malaika users inanonymised or aggregated form in accordance with POPIA and GDPRrequirements
5.1.2 With service providers (data hosting, IT services, analytics)
5.1.3 As required by law or legal processes in connection with a corporate transaction(merger, acquisition, asset sale)
5.1.4 Debt collectors for purposes of recovering any subscription fees owed by You.5.1.5 No personal data will be sold to third parties36. International Data Transfers
6.1 Given the global nature of Malaika, your personal data may be transferred to, stored,and processed in countries outside your country of residence, including countriesoutside of South Africa and the European Union (EU).
6.2 Where such transfers occur, we ensure appropriate safeguards such as:
6.2.1. EU Standard Contractual Clauses
6.2.2. Data processing agreements with service providers
7. Data Retention
7.1 We retain personal data only for as long as necessary to fulfil the purposes for which it was collected, including legal, accounting, and reporting obligations and accordancewith the applicable legislation and legislated retention periods. Uploaded UGC contentmay be retained for research archives unless a deletion request is submitted (seeSection 10).
8. Data Security
8.1 We implement appropriate technical and organisational security measures to protectpersonal data against unauthorised access, alteration, disclosure, or destruction atvarious intervals.
8.2 Where there is a shutdown or limited functionality of services for maintenance andsecurity checks, you will be notified periodically and through a pop-up notice onMalaika.
9. Your Rights (Under GDPR)9.1 You have the right to:
9.1.1 Access your personal data
9.1.2 Rectify inaccurate or incomplete data
9.1.3 Erase your personal data (“right to be forgotten”)
9.1.4 Restrict processing
9.1.5 Object to processing
9.1.6 Data portability
9.1.7 Withdraw consent at any time (without affecting prior lawful processing)
9.1.8 Lodge a complaint with a supervisory authority
9.2 To exercise these rights, please send an email to:[Insert Contact Email] compliance@malaika.cloud (needs to be bot/spam proof)
10. User-Generated Content (UGC)
10.1 By uploading content, you warrant that:
10.1.1 You own or have obtained all necessary rights and permissions to submit thecontent
10.1.2 The content does not infringe any third-party rights, including intellectual property, data protection, privacy, or publicity rights
10.1.3 The content is lawful and does not violate any applicable laws or regulations
10.2 You retain ownership of your UGC but grant us a worldwide, non-exclusive, royalty-free licence to use, store, reproduce, adapt, publish, and distribute the content forresearch, development, analysis, and reporting purposes
10.3 All content you upload, post, or submit to the App UGC is subject to the rules andpermissions set out in the App’s Clickwrap Agreement and Terms of Services.11. Andani Africa Indemnity and Warranties
11.1 Warranties by Andani Africa
11.1.1 Andani Africa warrants that:
11.1.2 Malaika has been developed in compliance with applicable data protection laws,including GDPR.
11.1.3 Reasonable security measures are in place to safeguard personal data.
11.2 Indemnity:
11.2.1 The Andani Africa shall not be held liable for 5
11.2.1.1 Any loss damage, or legal claims arising from UGC uploaded by third parties
11.2.1.2 Any misuse or unauthorised access resulting from user negligence
11.2.1.3 Any breach of intellectual property or privacy rights arising from user-uploadedcontent
11.3 Users agree to indemnify, defend, and hold harmless the developer and its affiliates,directors, officers, and employees from any claims, liabilities, damages, losses, orexpenses (including reasonable attorney’s fees) arising from their uploaded content, breach of this Privacy Policy, or violation of applicable laws.
12. Cookies
12.1 Andani Africa websites, online services, interactive applications, email messages,and advertisements may use “cookies” and other technologies such as pixel tags andweb beacons. These technologies help us to better understand user behaviorincluding for security and fraud prevention purposes, tell us which parts of ourwebsites people have visited, and facilitate and measure the effectiveness ofadvertisements and web searches.
12.2 Communications Cookies: used to enable network traffic to and from Andani Africas’ssystems, including by helping us detect any errors
12.3 Strictly Necessary Cookies: These cookies are set as required to provide a specificfeature or service that you have accessed or requested. For example, they allow usto display our websites in the proper format and language, to authenticate and verifyyour transactions.
12.4 Other Cookies: These cookies are used to understand how visitors interact with ourwebsites and online services, including by helping us to assess the effectiveness ofadvertisements and web searches. Andani also uses these cookies to rememberchoices you make while browsing, so we can provide you with a customised experience.
12.5 If you prefer that Andani not use cookies, we provide you with the means to disable their use. However, certain features may not be available if cookies are disabled.
13. Changes to This Privacy Policy
13.1 We may update this Privacy Policy from time to time. Changes will be communicated via Malaika or email where applicable.
14. Contact Information
14.1 If you have questions or concerns about this Privacy Policy or how your personal data is handled,
contact us at:
MALAIKA
Andani Africa
37 Bath Avenue
Rosebank
Johannesburg
2196
15. GOVERNING LAW
15.1 This Privacy Policy shall be governed by and construed in accordance with the laws ofthe Republic of South Africa.
16. INTERPRETATION
16.1 This Agreement shall be read alongside all other agreements and documentsrelevant to the privacy policy, including but not limited to:
16.1.1 Malaika Click Wrap Agreement
16.1.2 Malaika Terms of Service