Hi there, we’re JsCluster Group of 173 Oxford Road, Rosebank, Johannesburg, 2196 - South Africa and welcome to our privacy policy. This policy sets out how we handle your personal information if you’re an JsCluster user or visitor to our Sites. It applies across all our sites, including jscluster.elements, jscluster.templates, and jscluster.shopping (the “Sites”) and our products, features, services, applications, programs, and other technologies we may develop or use from time to time (the “Elements”). This policy applies to us and our affiliates, including Creative Elements, and JsCluster Sites.
All JsCluster Group employees, agents and contractors are responsible for protecting personal information collected and processed by JsCluster. It is the responsibility of all JsCluster Group employees, agents and contractors to assist in the protection of personal information by acting in accordance with this policy.
When we say ‘we’, ‘us’, ‘JsCluster Group’, or ‘JsCluster’ it’s because that’s who we are and we own and run the Sites and/or Elements.
If you are in a country whose privacy laws use the concept of data controller and processor, for example in the European Economic Area (“EEA”), United Kingdom (“UK”), or Mexico, then:

1. We are the ‘data controller’ of personal information related to your account, and to the delivery of our services to you;
2. Be aware that PayPal acts as an independent data controller in the context of processing your personal information.

When we say ‘policy’ we’re talking about this privacy policy. when we say ‘user terms’ we’re talking about the rules for using each of the Sites and/or Products. The rules vary by product and each product makes them separately available and seeks consent to them separately from this policy.

How Personal Information is Collected

We collect personal information:

1. Directly when you provide it to us. For example, when you complete forms such as registration, logins, email list, contac or competition registrations, when you submit feedback or send us any other type of communication, or when you make transactions such as buying or providing services on our Sites or Products;
2. Automatically as you navigate through the Sites and/or Products;
3. indirectly through other businesses that provide services associated with the Sites and/or Products, when you use those services.

As an operator of digital content marketplaces and services, we have a legitimate interest in verifying the identity of our creators. We believe that knowing who our creators are will strengthen the integrity of our marketplaces and services by reducing fraud, making creators more accountable for their content and giving JsCluster and customers the ability to enforce contracts for creators who break the rules. JsCluster also has certain legal obligations that require us to know who our creators are in certain circumstances. In light of this, if you are an creator we will verify your identity, in particular, your name, full address and date of birth by asking you to show us a Photo ID document. The verification procedure is called JsCluster Verify. As part of JsCluster Verify, you will be asked to take a selfie which will then be compared against your Photo ID document using facial recognition technology. We will use your Photo ID document and your selfie solely to carry out JsCluster Verify and delete it after the completion of this process. If you are located in South Africa, Africa and sub regions, we will only process your biometric information or other sensitive personal information with your explicit consent.

How we Use Personal Information

We will use your personal information: to perform our contractual obligations towards you as you browse and use the Sites and/or Products in particular, by facilitating and processing transactions that take place on the Sites and/or Products, such as when you purchase an item from our marketplace or service;
when it is necessary for purposes which are in our, or third parties’, legitimate interests. These interests include:

1. Providing the services described on the Sites and/or Products;
2. Verifying your identity when you sign in to any of our Sites and/or Products;
3. Operating the Sites and/or Products;
4. Responding to support tickets, and helping facilitate the resolution of any disputes;
5. Updating you with operational news and information about our Sites and/or Products e.g. to notify you about changes to our Sites and/or Products, outages;
6. Carrying out technical analysis to determine how to improve the Sites and/or Products we provide and to create new Sites and/or Products;
7. Monitoring activity on the Sites and/or Products, e.g. to identify potential fraudulent activity and to ensure compliance with the user terms that apply to the Sites and/or Products;
8. Managing our relationship with you, e.g. by responding to your comments or queries submitted to us on the Sites and/or Products or asking for your feedback or whether you want to participate in a survey;
9. Managing our legal and operational affairs (including, managing risks relating to content and fraud matters);
10. Training JsCluster Group staff about how to best serve our user community;
11. Improving existing and creating new products and services;
12. Providing general administrative and performance functions and activities;
13. Verifying your identity including by comparing a selfie taken by you against your Photo ID document using facial recognition technology (subject to your explicit consent if required by applicable law);
14. Processing your job application to JsCluster Group; and
15. Using data analytics to measure the effectiveness of advertising and marketing of the Sites, and improve the optimization of our Sites and/or Products (including by way of data analytics tools);

Subject to your consent (where required), and unless you have opted out of receiving marketing communications, providing you with marketing information about products and services which we feel may interest you. You can opt out of such communications by following the unsubscribe mechanism on any communication, or by otherwise contacting us.
Subject to your consent (where required), customising our services and websites, like advertising that appears on the Sites in order to provide a more personalised experience;
For purposes which are required by law, or, where we have a legitimate interest, to respond to and/or defend ourselves against complaints, disputes or legal claims; br For the purpose of responding to requests by government, a court of law, or law enforcement authorities; or where we require your personal information to comply with legal or contractual obligations.
If we can’t collect and use data for these purposes, then we may not be able to manage our contractual relationship with you, provide you with the Sites and/or Products, or meet legal obligations placed on us. In all other cases, provision of requested personal information is optional.

When we disclose your personal information

We will disclose personal information to the following recipients:

1. Companies that are in the JsCluster Group, including but not limited to those which are located in South Africa and Cameroon;
2. If applicable, authors of any items or services made available to you, so they can facilitate support and license validation, who may be located in any of the countries our products are available in;
3. The Subscriber of the account, if you’re a member of a team, agency or other organisation that uses our Sites and/or Products;
4. If applicable, anyone who uses assets that you have made available through our Sites and/or Products;
5. Subcontractors and service providers who assist us in connection with the ways we use personal information (as set out above), in particular: website hosting providers, technical and customer support services, recruitment agencies, marketing and analytics services, security and fraud prevention services payment processing services which are located in South Africa, Ivoty Cost and Cameroon; identification verification services and operational tooling services. Noting that our subcontractors and services providers may also transfer and access such information from other countries in which they have operations;
6. Our professional advisers (lawyers, accountants, financial advisers etc.) which are located in various countries;
7. Regulators and government authorities in connection with our compliance procedures and obligations;
8. Purchaser or prospective purchaser of all or part of our assets or our business, and their professional advisers, in connection with the purchase;
9. Third party to respond to requests relating to a criminal investigation or alleged or suspected illegal activity;
10. Third party, in order to enforce or defend our rights, or to address financial or reputational risks;
11. Rights holder in relation to an allegation of intellectual property infringement or any other infringement; and
12. Any other recipients where we are authorised or required by law, or requests by government, a court of law, or law enforcement authorities, to do so.

Where we Transfer and/or Store your Personal Information

We are based in South Africa and Cameroon so when your data is transferred to us it will be processed in those countries. Some of the recipients we have described above, and to whom we disclose your personal information, are based around the world. Thus they may not provide the same protections as the data protection laws where you are based. When we transfer data to these recipients, we do this on the basis of this policy and we will ensure that relevant safeguards are in place to afford adequate protection for your personal information and we will comply with applicable data protection laws. We also take care to work with subcontractors and service providers who we believe maintain an acceptable standard of data security compliance.
Where you are located in South Africa or Cameroon, by providing us with your personal information, you authorise us to disclose that personal information to the recipients described in the section above (including those recipients that may not be required to protect your personal information in a way that provides comparable safeguards to those under the data protection laws where you are based).

How we keep your Personal Information Secure

We store personal information on secure servers that are managed by us and our service providers, and occasionally hard copy files that are kept in a secure location. We use reasonable organizational, technical and administrative measures designed to protect against unauthorized access, misuse, loss, disclosure, alteration and destruction of the personal information we process, including username and password authentication, two-factor authentication, and data encryption where appropriate. Unfortunately, data transmission over the internet cannot be guaranteed as completely secure. Therefore, while we strive to protect your personal information, we cannot guarantee its security.

Your rights Relating to your Personal Information

Depending on the jurisdiction you are located in, you may have the following rights, as provided under applicable law and subject to any limitations in such law:

1. To access the personal information we hold about you;
2. To request we correct any inaccurate personal information we hold about you;
3. To request we delete any personal information we hold about you;
4. To restrict the processing of personal information we hold about you;
5. To object to the processing of personal information we hold about you; and/or;
6. To receive any personal information we hold about you in a structured and commonly used machine readable format or have such personal information transmitted to another company.

Please note that, prior to any response to the exercise of such rights, we may require you to verify your identity or confirm the specific right that you’re seeking to exercise, by providing any or all of the following information, in accordance with the provisions of the applicable law in each country: (i) name and address or other means to communicate the response to your request; (ii) documents proving your identity or, of your legal representative, if applicable; (iii) a clear and precise description of the personal information in respect of which the applicable right applies; (iv) the express manifestation to revoke your consent to the processing of your personal information and, therefore, not to use it; and (v) any other element that facilitates the location of the personal information.
If you seek to exercise any of the rights described apart from those mentioned above, we may need to pass on costs that are strictly necessary for the reproduction, modification or sending of personal information to you. Otherwise, your exercise of these rights will be free of charge.
These rights are limited in some situations – for example, if we can demonstrate that we have a legal requirement to process your personal information. In some instances, this means that we may retain some data even if you withdraw your consent. Note that a request to limit the collection, use, disclosure and storage of your personal information and/or the deletion of personal information during your relationship with JsCluster Group will be taken into consideration in accordance with the internal procedures, legal needs and legal obligations that JsCluster Group may be subject to under applicable legislation in each country.
You can access or correct some of the personal information that we collect about you by logging in to your account. You can also close the account you have with us for any of our Sites at any time. To make a request to exercise any other rights you have, contact us using the contact form.

Marketing choices Regarding your Personal Information

We may send you marketing communications by email about products and services that we feel may be of interest to you and will obtain your consent, where it is required by law. You can ‘opt-out’ of such communications if you would prefer not to receive them in the future by using the “unsubscribe” facility provided in the communication itself.
You also have choices about cookies, as described below. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject cookies some parts of our Sites may not work properly in your case.

Cookies and Web Analytics

When you visit our Sites, we automatically collect certain information including:

1. Your IP address or proxy server IP address;
2. The domain name you requested;
3. The name of your internet service provider is sometimes captured depending on the configuration of your ISP connection;
4. The date and time of your visit to the website;
5. The length of your session;
6. The pages which you have accessed;
7. The number of times you access our sites within any month;
8. The file URL you look at and information relating to it;
9. The website which referred you to our Sites;
10. The operating system which your computer uses; and
11. The technical capabilities of your web browser.

We may use cookies to understand your behavior as a user of our Sites and give you a better experience when browsing our Sites, in case you would like to disable them or configure their use, you may consult the “Settings” section of your browser.
Occasionally, we will use third party advertising companies to serve ads based on prior visits to our Sites. For example, if you visit our Sites, you may later see an ad for our products and services when you visit a different Site. Read more about your options in our cookie policy. However, please note that JsCluster is only responsible for data collected directly on our Sites. We cannot in any way be responsible for the collection and/or processing of your personal information on any third party website, therefore we recommend that you consult the third party’s privacy notice and policies before providing any personal information.

Information you make Public or give to Others

If you make your personal information available to other people, we can’t control or accept responsibility for the way they will use or manage that data. There are lots of ways that you can find yourself providing information to other people, like when you post a public message on a post(profile) thread, share information via social media, or make contact with another user (such as a third party Creators) whether via our Sites and/or Products or directly via email. Before making your information publicly available or giving your information to anyone else, think carefully. If giving information to another user via our Sites and/or Products, ask them how they will handle your information. If you’re sharing information via another website, check the privacy policy for that site to understand its information management practices as this policy will not apply.

How long we keep your Personal Information and how you can Manage or Delete your Personal Information

We retain your personal information for as long as is necessary for the purposes outlined in this policy. To determine the appropriate retention period for your personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we use your personal information and whether we can achieve those purposes through other means, and other applicable legal requirements.
If you no longer want us to provide you with the JsCluster Group services, or if you would like to exercise any of the rights set out above, please: contact our Data Protection Officer in writing or submit a request form through our help centre.
Please note that if you request the erasure of your personal information we may retain information from deleted accounts as necessary for our legitimate business interests, to comply with the law, prevent fraud, collect fees, resolve disputes, troubleshoot problems, assist with investigations or requests by government, a court of law, or law enforcement authorities, enforce the terms of service and take other actions permitted by law. Any information we retain will be handled in accordance with this policy.

Complaints

If you contact us with a complaint about our handling of your information, we will acknowledge receipt of the complaint, attend to all complaints promptly and seek to resolve any complaint as soon as reasonably practicable.
If you have unresolved concerns after contacting us, you may also have the right to complain to data protection authorities. The relevant data protection authority will be the data protection authority of the country: (i) of your habitual residence; (ii) of your place of work; or (iii) in which you consider the alleged infringement has occurred. the competent authority will handle personal information protection matters in its National Institute for Transparency, Access to Information and Protection of Personal Data.

Changes To This Privacy Policy