Privacy Policy

TRIGGERFISH ANIMATION ACADEMY PRIVACY AND PERSONAL INFORMATION POLICY

Triggerfish Animation Academy (Pty) Ltd (reg: 2017/470162/0) (the “Academy”) adheres to the highest standards of protecting your personal information when using the Website and/or using the Services. As such, we have created these specific and detailed Privacy Policy terms for you to read and appreciate exactly how we safeguard your personal information and respect your privacy, to the highest standards. For more information regarding your personal information lawfully stored or used by the Website or the Academy, please contact academy@triggerfish.com who will gladly assist.

• Please note that the Academy is a private limited liability company duly registered and operating in accordance with the laws of South Africa.
• Not all terms are necessarily defined in order, or may be defined in our General Website Terms.
• Please ensure that you read all the provisions below, and our other Academy rules and policies which may apply from time to time and made available to you, to understand all of your, and our, rights and duties. 

1. Important information and who we are

• Purpose of this Privacy Policy

1. 1. 1. This Privacy Policy aims to give you information on how the Academy collects and processes your personal data through any form of your engagement with the Academy such as your engagement with us when contracting or corresponding with us, when using our Services, accessing or using the Website, or providing us with your personal information in any other way (such as when participating in surveys).
      2. This Privacy Policy complies with, and facilitates the obligations required from, the South African Protection of Personal Information Act, No. 4 of 2013 (“POPI”), as amended. 
      3. Users with citizenships from jurisdictions other than of South Africa, please note that the Academy complies with all South African data protection laws when processing your personal information pursuant to the Services as we are a South African entity operating in the South African market. Should foreign law be applicable in any regard to your use of the Services and/or the Website in any way, including how we may process your personal information, please contact the Academy at academy@triggerfish.com who will gladly engage you on its application and your rights.
      4. It is important that you read this Privacy Policy together with any other privacy policy or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you, so that you are fully aware of how and why we are using your data. This Privacy Policy supplements the other notices and is not intended to override them.

• By virtue of the comprehensive and very unique educational services we provide to our users, we do not process special categories of data but we do have to process limited data of minors (if a user is a minor). Parents/Guardians of such minor users understand and expressly consent to this processing. All such minor data is protected/secured at better standards than conventional data.

• Minors must only use the Website and Services using their parent’s devices and have their parent’s supervision and consent when doing so, where all minors’ parents/guardians will be liable for not only their child’s/ward’s use of the Services and Website but are also hereby providing their express consent to our processing of their child’s/ward’s personal data when using our Services and Website.

• Responsible Party and Operator Roles

1. 1. The Academy is the “Responsible Party” and is responsible for your personal data in instances where we decide the processing operations concerning your personal data. Sometimes we also operate as a “Operator” of personal data on behalf of a third-party Responsible Party, where that Responsible Party’s privacy terms will apply, but we will draw your attention to them, when applicable.
   2. We have appointed an Information Officer (“IO”) at the Academy who is responsible for overseeing questions in relation to this Privacy Policy. If you have any questions about this Privacy Policy, including any requests to exercise your legal rights, please contact the IO using the details set out below.

• Full name of legal entity: Triggerfish Animation Academy
• Name or title of data representative: Stuart Forrest
• Email address: academy@triggerfish.com
• Postal address: PO Box 210, Steenberg, Western 

Cape, 7945

• Telephone number: +27 21 713 4008

1. You have the right to make a complaint at any time to the South African regulator’s office (Information Regulator’s Office of South Africa). We would, however, appreciate the chance to deal with your concerns before you approach any such regulator, so please contact us in the first instance.

• Changes to the Privacy Policy and your Duty to Inform us of Changes

1. 1. 1. This Privacy Policy version was last updated on 28 September 2021 and historic versions are archived and can be obtained by contacting us.
      2. It is important that the personal data we hold about you is accurate and current. Please update your personal data yourself using the relevant prompts on the Website or keep us informed if your personal data changes during your relationship with us.

• Third-Party Links on Website or otherwise

1. 1. The Website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements or terms. When you leave our Website, or engage with such third parties, we encourage you to read the distinct privacy policy of every third-party you engage with.

• Personal information we collect from you:

1. 1. 1. Should you decide to register with or function as a user on the Website and/or use any the Academy Services, you thereby expressly consent to, and opt-in to the Academy collecting, collating, processing, and using the following types of information about you when you use the Website (“personal information”):
         1. Information provided by the user. The Academy collects personal information (that is information about the user that is personally identifiable like the user’s name, age, gender, email address, and other unique information such as user IDs and passwords, service preferences and contact preferences that are not otherwise publicly available);
         2. Information that is collected automatically. The Academy receives and stores information which is transmitted automatically from the user’s computer when the user browses the internet. This information includes information from cookies (which are described in clause 4.7 below), the user’s Internet Protocol (“IP”) address, browser type, web beacons, geo-locationary information, embedded web links, and other commonly used information-gathering tools. These tools collect certain standard information that your browser sends to the Website such as your browser type and language, access times, and the address from which you arrived at the Website. 
      2. Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update it. The Academy is however under no obligation to ensure that your personal information or other information supplied by you is correct.
      3. You warrant that the personal information disclosed to the Academy is directly from you as the user on the Website or in connection to the Services, and all such personal information is lawfully yours to provide.
      4. You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and, generally, not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.

• How we use your personal information:

1. 1. 1. Any processing of your personal information will be reservedly for our legitimate business purposes and as a necessary function of your engagement with the Website and/or Services, and you have consented to this, but we will not, without your express consent:
         1. use your personal information for any purpose other than as set out below:
            1. in relation to the provision to you of the Services and/or access to the Website;
            2. to engage with you where you have entered any competition/s held by the Academy on the Website;
            3. to contact you regarding current or new services or any other product offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us, possible through that same correspondence to you);
            4. to inform you of new features, special offers and promotional competitions offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us, possible through that same correspondence to you); and
            5. to improve our product selection and your experience on our Website by, for example, monitoring your browsing habits, or tracking your activities on the Website; or
         2. disclose your personal information to any third party other than as set out below:
            1. to our employees and/or third-party service providers who assist us to interact with you via our Website, email or any other method, for your use of the Services, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;
            2. to other users who are using the Services and who need your information in order to use the Services themselves or to provide their own private services to you;
            3. to our sponsors, to report to them the total amount of users and subscribers to our Website (this excludes individual identifiable data, such as name and contact detail);
            4. to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity or the contravention of an applicable law, or to investigate violations of these Terms and/or the Website’s other policies; and
            5. to our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services etc). However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us, not for their own benefit and under the same standards as how we operate.
      2. We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property. In the event of a fraudulent online payment, the Academy is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.

• How we treat your personal information:

1. 1. 1. We will ensure that all of our employees, third-party service providers, divisions and partners (including their employees and third-party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations and process your personal information at standards equal to or higher than the Academy’s in relation to your personal information.
      2. We will:
         1. treat your personal information as strictly confidential, save where we are entitled to share it as set out in these Terms;
         2. take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
         3. provide you with reasonable access to your personal information to view and/or update personal details;
         4. promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
         5. provide you with reasonable evidence of our compliance with our obligations under these Terms on reasonable notice and request; and
         6. upon your request, promptly correct, return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged or entitled to retain (acknowledging that some Website and/or Service functionality might be lost if certain personal information is amended or destroyed).
      3. We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period. In some circumstances, other applicable national laws require us to retain your data beyond your request for its deletion, or beyond your direct engagement with the Academy. As such, we may retain your personal data in adherence with compulsory instructions from other applicable national laws, notwithstanding your application to have it deleted or amended.
      4. The Academy undertakes never to sell or make your personal information available to any third party other than as provided for in these Terms.
      5. Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence or fraud.
      6. If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than the Academy, the Academy shall not be liable for any loss or damage, howsoever arising, suffered by you as a result of the disclosure of such information to the third party, including another user. This is because we do not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.
      7. This Website may make use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which we may use) to recognise repeat users, facilitate the user’s on-going access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content, and to display more focused advertising to a user by way of third party tools. The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Please note that cookies may be necessary to provide you with certain features available on our Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website will therefore be limited. If you do not disable “cookies”, you are deemed to consent to our use of any personal information collected using those cookies, subject to the provisions of these Terms and the Website’s other policies.

• User rights and obligations:

1. 1. The user is entitled to request access to any relevant personal data held by the Academy and where such access is necessary for you to exercise and/or protect any of the user’s rights. For any personal data held by any third party, the user must approach that third party for the realisation of the user’s personal data rights with them, and not with the Academy.
   2. Users acknowledge that any content provided by users on the Website, including via a messaging system, enters an open, public forum, and is not confidential, where the author of which will be liable for that content, and not the Academy. 
   3. Users understand that there are risks involved in sharing personal information. By disclosing personal information such as the user’s name and email address, users acknowledge and understand that this information may be collected and used by a third party to communicate with you.
   4. By accepting these Terms, you have opted in to receive emails from the Academy, where your email address will be used to contact you from time to time and may also use it for security reasons to confirm your identity.
   5. The Academy agrees not to use the users’ provided email address in any manner that users do not consent to nor alert any other parties of the users’ address without the user’s consent.
   6. You have the right to opt-out of receiving email communication by following the directions posted on every email communication or by emailing us at academy@triggerfish.com.
   7. The Academy reserves the right to transfer your personal information in the event of a transfer of ownership, such as acquisition by, or merger with, another entity. If any acquiring entity should plan to materially change the Terms, the Academy will notify you beforehand.
   8. Circumstances may arise where, whether for strategic or other business reasons, the Academy decides to sell, buy, merge or otherwise reorganize its business. Such a transaction may involve the disclosure of personal information to prospective or actual purchasers, or the receipt of it from sellers. It is the Academy’s practice to seek reasonable protection for information in these types of transactions and notify you prior to any disclosure of personal information. Such disclosure will also be subject to these privacy terms.
   9. The Academy strives to keep the user’s personal information accurately recorded. The Academy provides a user with the reasonable ability to review and correct it or ask for anonymization, blockage, or deletion, as applicable. The deletion of any information may result in certain Website services being unavailable. Please contact academy@triggerfish.com to engage the Academy on such actions or requests.
   10. We also collect, use and share aggregated data or de-identified data such as statistical or demographic data for any purpose. Such de-identified or aggregated data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your usage data to calculate the percentage of users accessing a specific Website feature. However, if we combine or connect aggregated data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Policy.