This Privacy Policy explains how Lizelle De Kok LLC, a limited liability company organised and existing under the laws of Delaware, collects, uses, stores, shares and otherwise processes personal information in connection with the Digital Magnetic System website, platform, Training Programme, optional Affiliate Programme and related Services made available by it.
This Privacy Policy applies generally to all Users of the Services, including Users located in South Africa. To the extent that any other applicable laws regulate the processing of personal information by LDK, LDK will process such personal information in accordance with those applicable laws.
DEFINITIONS
In this Policy, unless the context indicates otherwise:
"Affiliate Programme" means the optional referral programme operated by LDK under which approved Affiliates may earn a fixed commission for qualifying direct referrals, subject to the Terms of Service.
"Applicable Laws" means any law, regulation, code, guideline, direction, regulatory requirement, or legally binding industry rule applicable to a party from time to time.
"DMS Platform" means the Digital Magnetic System website, online portal, learning environment, systems, tools, software functionality, course dashboard, downloadable resources, and related infrastructure through which the Services are made available.
"LDK" means Lizelle De Kok LLC, a limited liability company organised and existing under the laws of Delaware, being the provider of the Services.
"Personal Information" shall bear the meaning assigned to it under Applicable Laws, including POPIA.
"Policy" means this Privacy Policy, as updated from time to time.
"POPIA" means the Protection of Personal Information Act 4 of 2013.
"Services" means the DMS Platform, the Training Programme, related digital content, support services, and any optional Affiliate Programme made available by LDK.
"Terms of Service" means LDK’s Terms of Service, as updated from time to time.
"Training Programme" means the online educational and training programme in the field of digital marketing and related business development made available through the DMS Platform, together with any included tools, templates, and learning resources.
"User" means any person who accesses or uses the Services, whether as a visitor, customer, student, account holder, or affiliate.
SCOPE OF THIS POLICY
This Privacy Policy applies to Personal Information collected or received by LDK when Users:
Visit the DMS Platform.
Create or use an account.
Purchase, access or use the Training Programme or other Services.
Communicate or correspond with LDK.
Apply to participate in, or participate in, the Affiliate Programme.
Submit forms, enquiries, feedback, testimonials or other information through the DMS Platform.
Otherwise interact with LDK in connection with the Services.
CATEGORIES OF PERSONAL INFORMATION
Depending on the nature of a User’s interaction with the Services, LDK may collect and process the following categories of Personal Information:
Information provided directly by Users, including names, email addresses, telephone numbers, billing addresses, country information, account credentials, profile information, support queries, correspondence, responses to forms or questionnaires, testimonials, feedback, and information provided in connection with the Affiliate Programme.
Payment-related information provided at checkout, it being recorded that card and similar payment credentials may be processed by third-party payment service providers rather than directly by LDK.
Technical and usage information collected automatically, including IP addresses, browser type and version, device type, operating system, approximate geographic location, referral source, pages viewed, clicks, session activity, access dates and times, and cookie or analytics-related information.
Affiliate Programme information, including affiliate profile details, unique referral links or codes, referral tracking data, records of qualifying referrals and commissions, payout details, tax-related information where required, and compliance-related information used to monitor promotional conduct and prevent fraud or unlawful practices.
Any other Personal Information reasonably required by LDK to operate, secure, maintain and improve the Services or to comply with Applicable Laws.
SOURCES OF PERSONAL INFORMATION
LDK may collect Personal Information:
Directly from Users.
Automatically through a User’s access to and use of the DMS Platform.
From payment processors, hosting providers, analytics providers, CRM systems, communications providers and other service providers engaged by LDK.
From cookies, pixels and similar technologies.
From social media platforms or public sources where Users interact with LDK or its content.
From third parties who refer Users to the Services, to the extent permitted by Applicable Laws.
PURPOSES OF PROCESSING
LDK may process Personal Information for the following purposes:
To create, administer and manage User accounts.
To provide access to the Training Programme and other Services.
To process purchases, payments, refunds and related transactions.
To communicate with Users regarding accounts, purchases, service notices, updates, support and administrative matters.
To operate, maintain, monitor, secure, troubleshoot and improve the DMS Platform and related systems.
To personalise the user experience and improve content delivery.
To administer the optional Affiliate Programme, including referral tracking, commission calculation, payout administration and compliance monitoring.
To detect, investigate, prevent or address fraud, misuse, unlawful conduct, breaches of the Terms of Service, or security incidents.
To comply with legal, regulatory, tax, accounting and reporting obligations.
To enforce LDK’s contractual and legal rights.
Where permitted by Applicable Laws, to send direct marketing or promotional communications relating to the Services, the Training Programme, updates or related offers.
LEGAL GROUNDS FOR PROCESSING
To the extent required by Applicable Laws, including POPIA where applicable, LDK will process Personal Information on one or more of the following grounds:
The data subject has consented to the processing.
The processing is necessary to conclude or perform a contract with the data subject.
The processing is necessary for compliance with a legal obligation imposed on LDK.
The processing protects a legitimate interest of the data subject.
The processing is necessary for pursuing the legitimate interests of LDK or a third party, provided such interests are not overridden by the rights of the relevant data subject.
The processing is otherwise lawful under Applicable Laws.
COOKIES AND TRACKING
LDK may use cookies, pixels, tags, SDKs and similar technologies to:
Enable the functionality of the DMS Platform.
Remember User preferences.
Analyse traffic, performance and usage trends.
Track referrals and affiliate attribution.
Improve the performance and user experience of the Services.
Support marketing and remarketing activities where permitted by Applicable Laws.
Users may be able to manage certain cookies through browser settings or any cookie management tool made available through the DMS Platform. Disabling cookies may affect the functionality or availability of certain aspects of the Services.
DISCLOSURE
LDK may disclose Personal Information to:
Payment processors and financial service providers.
Hosting providers, cloud service providers, software vendors, analytics providers, IT support providers and other service providers that support the operation of the Services.
Customer support, CRM, communications and email service providers.
Service providers or administrators involved in the operation of the Affiliate Programme.
Professional advisers, auditors, insurers and legal counsel.
Regulators, courts, law enforcement agencies or other authorities where required or permitted by Applicable Laws.
A purchaser, successor, investor or transaction counterparty in connection with any merger, acquisition, financing, sale of assets or business restructuring, subject to any safeguards required by Applicable Laws.
LDK does not sell Personal Information to unrelated third parties for their own independent commercial use, unless such disclosure is expressly disclosed to Users and lawfully permitted.
CROSS-BORDER TRANSFERS
Because LDK is organised as an LLC and may use international service providers, systems or infrastructure, Personal Information may be transferred to, stored in, or accessed from jurisdictions outside South Africa.
Where POPIA or other Applicable Laws apply to cross-border transfers of Personal Information, LDK will take reasonable steps to ensure that such transfers take place in accordance with those Applicable Laws, including by ensuring that the recipient is subject to adequate legal protections, binding contractual obligations, or other lawful transfer mechanisms.
SECURITY
LDK implements reasonable technical, organisational and administrative safeguards designed to protect Personal Information against loss, misuse, unauthorised access, disclosure, alteration and destruction.
Notwithstanding the safeguards implemented by LDK, no method of transmission over the internet and no method of electronic storage is completely secure. Accordingly, LDK does not warrant or guarantee the absolute security of any Personal Information transmitted to or processed through the Services.
RETENTION
LDK retains Personal Information only for as long as reasonably necessary to fulfil the purposes for which it was collected or processed, including for purposes of:
Providing the Services.
Maintaining business, financial and operational records.
Complying with legal, tax, accounting or regulatory obligations.
Resolving disputes.
Enforcing the Terms of Service or other legal rights.
The retention periods may vary depending on the nature of the information, the purpose of processing and the requirements of Applicable Laws.
DATA SUBJECT RIGHTS
Subject to Applicable Laws, including POPIA where applicable, data subjects may have the right to:
Request confirmation as to whether LDK holds Personal Information relating to them.
Request access to Personal Information held by LDK.
Request the correction, updating or deletion of Personal Information that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or unlawfully obtained.
Object, on reasonable grounds relating to a particular situation, to the processing of Personal Information.
Object to the processing of Personal Information for purposes of direct marketing.
Withdraw consent where processing is based on consent, without affecting the lawfulness of processing prior to such withdrawal.
Lodge a complaint with the relevant supervisory authority, including the Information Regulator in South Africa where applicable.
Any of the abovementioned requests may be submitted using the contact details set out below. LDK may require reasonable proof of identity before giving effect to any request.
CHILDREN
The Services are not directed at children, and LDK does not knowingly collect Personal Information from children except where lawfully authorised and where any required consent has been obtained in accordance with Applicable Laws.
If any person believes that Personal Information relating to a child has been provided to LDK without proper authority, LDK should be contacted so that appropriate steps may be taken.
DIRECT MARKETING
Where permitted by Applicable Laws, LDK may send Users promotional communications regarding the Training Programme, the Services, updates, related content or other offers.
Users may opt out of receiving direct marketing communications at any time by using the unsubscribe mechanism included in the communication or by contacting LDK.
LDK may nevertheless send operational, transactional or service-related communications where necessary for the provision of the Services or the administration of the User relationship.
THIRD-PARTY SERVICES
The DMS Platform may contain links to third-party websites, products, plugins or services. LDK is not responsible for the privacy practices, content or conduct of such third parties, and Users should review the relevant third-party privacy notices before engaging with them.
REVISIONS TO THIS PRIVACY POLICY
LDK may update or amend this Privacy Policy from time to time.
If LDK makes a material change to this Privacy Policy, it will take reasonable steps to notify Users, including by posting the updated Privacy Policy on the DMS Platform, updating the "Last updated" date, or providing notice by email or through the DMS Platform.
The updated Privacy Policy will become effective on the date reflected in the "Last updated" field or on any later effective date specified by LDK.
Continued access to or use of the Services after that date will constitute acknowledgement of the updated Privacy Policy, subject to any rights available to Users under Applicable Laws.
CONTACT DETAILS
Any questions, requests or complaints regarding this Privacy Policy may be directed to:
LIZELLE DE KOCK LLC
Address: 131 Continental Dr, Suite 305, Newark, DE 19713
Attention: Lizelle de Kock
Email: [email protected]
Users located in South Africa who are dissatisfied with the outcome of any privacy-related request or complaint may, where applicable, lodge a complaint with the Information Regulator.