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⚠ Draft pending attorney sign-off. This document still contains unresolved [PLACEHOLDER: …] items and must not be treated as final until they are completed and it is dated.

SparkED — Notice Regarding the Collection of Personal Information (Given in terms of section 18 of the Protection of Personal Information Act 4 of 2013)

This Notice is provided to you before, or at the time, your Personal Information is collected through SparkED. It should be read together with our full Privacy Policy and Terms of Service, which contain further detail.

1. Responsible Party

Incendio Digital Labs (Pty) Ltd, registration number [PLACEHOLDER], of [PLACEHOLDER: Registered Address], represented for the purposes of POPIA by its Information Officer, [PLACEHOLDER: Information Officer name and contact details].

2. What Information We Collect From You

When you register and use SparkED, we collect: your name, email address, phone number, WhatsApp number, job title, company name, bio, profile photograph, company logo, and social media or website links. If you choose to do so, you may also add the name and contact details of a third party as a Relationship Entry.

3. Purpose of Collection

We collect this information to: create and operate your account and Profile; enable you to share your Profile via Public Link, QR code, vCard, or NFC; provide customer support; process payment for paid plans; maintain the security of the Service; and comply with our legal obligations.

4. Source of the Information

We collect this information directly from you. Where you add a Relationship Entry, we collect the third party's details from you, on the basis of the warranty you give us that you have that person's consent (see clause 7.2 of our Terms of Service).

5. Whether Supplying This Information Is Voluntary or Mandatory, and the Consequences of Not Providing It

5.1 Your name and email address are mandatory. Without them, we cannot create an account or provide the Service to you.

5.2 All other information (phone number, WhatsApp number, job title, company, bio, photo, logo, social/website links, and Relationship Entries) is voluntary. If you choose not to provide it, this will only affect how complete your published Profile is; it will not prevent you from using the Service.

6. Law Authorising or Requiring the Collection

The collection of this information is authorised by, and processed in accordance with, POPIA, and, in relation to the contractual and billing aspects of the Service, the Electronic Communications and Transactions Act 25 of 2002 and the Consumer Protection Act 68 of 2008 (to the extent applicable).

7. Cross-Border Transfer

Yes. Some of our service providers process or store your information outside South Africa, namely Vercel, Neon, and Resend (United States), and Cloudflare (global network, including the United States). Paystack, our payment processor, is based in South Africa and Nigeria. See clause 7 of our Privacy Policy for the specific basis relied on under POPIA section 72 for these transfers.

8. Recipients / Categories of Third Parties

Your information may be shared with the sub-processors listed in clause 6 of our Privacy Policy, strictly to provide the Service. We do not sell your Personal Information. If you publish your Profile, any person who accesses it via a Sharing Method will see the information you have chosen to include.

9. Direct Marketing

Incendio does not currently send you direct marketing communications. If we introduce product update or marketing emails in future, we will obtain your prior opt-in consent before doing so, in accordance with POPIA section 69 and section 45 of the Electronic Communications and Transactions Act 25 of 2002. You will always be able to withdraw that consent and unsubscribe at any time.

10. Your Rights

You have the right to access, correct, or request deletion of your Personal Information, and to object to its processing, as described in our Privacy Policy. You can exercise most of these rights yourself using the self-service tools in your account settings, or by contacting deon@incendiogroup.co.za. You also have the right to complain to the Information Regulator.

11. Your Consent

By ticking the consent checkbox at registration, you confirm that you have read and understood this Notice, our Privacy Policy, and our Terms of Service, and you consent to the processing of your Personal Information as described. Your acceptance is recorded together with the specific date, time, and version of these documents then in force.