At Kunye Cloud, we are committed to protecting your personal information when we process it through your use of our Services or the Platform (being the web application we operate at kunye.cloud and any related applications, databases, user interfaces, or services) (the “Platform”), or when you provide us with your personal information in any other way. We have created this privacy notice (“Privacy Notice”) to explain how we collect, process and safeguard your personal information to respect your privacy and comply with the Protection of Personal Information Act 4 of 2013 (“POPIA”).

Kunye Cloud is a private company duly registered and operating in accordance with the laws of the Republic of South Africa.

Please ensure that you read all the provisions below to understand all of your rights and duties.

Kunye Cloud is a “Responsible Party” (as defined under POPIA) when we collect personal information from you in connection with your use of the Platform, including your account information, billing and payment data, website usage data, and communications with us.

In certain instances, Kunye Cloud operates as an “Operator” (as defined under POPIA) on behalf of a customer who uses our Services. When a customer connects its shared email mailbox to the Platform, Kunye Cloud processes the personal information contained in those emails (including email content, attachments, and metadata) on behalf of that customer, who is the Responsible Party for that information. In that case, the customer’s own privacy notice governs the processing of the personal information contained in those emails, and any data subject requests relating to that information should be directed to the relevant customer.

The terms on which Kunye Cloud processes personal information as an Operator on behalf of business customers are set out in our SaaS Subscription Agreement.

When we act as Responsible Party, we process personal information relating to visitors to our website, account holders and authorised users, our direct customers and prospective customers, our suppliers and service providers, and individuals who correspond with us.

When we act as Operator for a customer, we process personal information contained in that customer’s emails and account content. This may include personal information of the customer’s employees, contractors and authorised users, the customer’s own customers and end users, and any other individuals whose personal information appears in emails, attachments or other content submitted to the Platform by or on behalf of the customer.

Legal entity:                                                Kunye Cloud (Pty) Ltd

Information Officer:                         Alister Brown

Email address:                                        alister@kunye.cloud

Physical and postal address:  32 Restio Road, Blouberg Hills Estate, Big Bay, 7441

Contact telephone number:    (021) 447 4181

You have the right to lodge a complaint at any time with the Information Regulator of South Africa. We would, however, appreciate the opportunity to address your concerns before you approach the Regulator, so please contact us first.

The Information Regulator of South Africa can be contacted at:

Postal address:             JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001

Email:                                      POPIAComplaints@inforegulator.org.za (for POPIA complaints); or PAIAComplaints@inforegulator.org.za (for PAIA complaints)

Telephone:                        (010) 023 5200

Website:                              https://inforegulator.org.za

We may update this Privacy Notice from time to time to reflect changes to our practices or for legal, regulatory, or operational reasons. Where we make material changes, we will notify you by email or by a prominent notice on the Platform before the changes take effect. Your continued access or use of our Services after the changes take effect constitutes your acceptance of the updated Privacy Notice.

Previous versions of this Privacy Notice are archived and can be provided on request.

It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your relationship with us.

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

We may collect, use, store, and transfer different kinds of personal information about you which we have grouped together as follows:

• Identity Data including full name or the information about your company such as company name, address and/or company registration details.
• Contact Data including email address and contact numbers.
• Account Data including all information available in your email account that is managed using the Platform and our software, including emails sent and received and all attachments including links, documents and images.
• Financial Data including bank account details, third-party payment provider information and payment card details (which we do not store but is processed by our payment service provider).
• Transaction Data including details about payments to and from you, contracts, contractual terms, contract fees, signups, subscriptions, invoices and other details of products and services you have obtained from us or provide to us.
• Technical Data including internet protocol address/es, login data, browser type and version, time zone setting and location, cookies, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access the Platform.
• Usage Data including information about how you use our Platform and Services.
• Marketing and Communications Data including messages sent to us, your preferences in receiving notices and marketing from us and our third parties and your communication preferences as well as details of which communications were sent to you and how they were sent.

We also collect, use, and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal information but is not considered personal information 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 Platform feature. However, if we combine or connect Aggregated Data with your personal information so that it can directly or indirectly identify you, we treat the combined data as personal information which will be used in accordance with this Privacy Notice.

Where we need to collect personal information by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with services or allow you to provide us with your Services). In this case, we may have to cancel your access to the Platform or Services, but we will notify you if this is the case at the time.

We use different methods to collect personal information from and about you, including through:

• Direct interactions: You may give us your personal information by using our Services, or by corresponding with us through the Platform, by email or otherwise. This includes personal information you provide when you use our Services, use our Platform, contract with us, provide any services to us as a service provider or independent contractor on contract with us, request information to be sent to you, or give us feedback.
• Automated technologies or interactions: As you interact with our Platform, we may automatically collect Technical Data and Usage Data about your equipment, browsing actions and patterns. We may collect this personal information by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other Platforms employing our cookies.
• Third parties: We may receive personal information about you from various third parties such as analytics providers, payment service providers, and messaging platforms.

We will only use your personal information when the law allows us to and for legitimate reasons. Most commonly, we will use your personal information in the following circumstances:

a) where we have your express consent to do so;

b) where we need to consult with you or perform on the Subscription Agreement or any other contract we are about to enter into or have entered into with you;

c) where it is necessary for our legitimate business interests (or those of a third party) and your interests and fundamental rights do not override those interests; and/or

d) where we need to comply with a legal or regulatory obligation.

Most of the personal information you give us is provided voluntarily, but some is required by law or under our contract with you. In particular:

a) Identity Data, Contact Data and, where applicable, Financial Data are required to enter into and perform our contract with you for the Services, and to meet our legal obligations.

b) Technical Data and Usage Data are collected automatically as you use the Platform. You may limit some collection through your browser or device settings, but doing so may affect your ability to use certain features.

c) Marketing preferences are voluntary and you may change them at any time.

If you choose not to provide information that is required by law or contract, you may not be able to use the Platform or we may not be able to provide the Services, open or maintain your account, or perform our obligations to you.

We collect and process your personal information under the authority of, and to comply with, several South African laws, including:

a) the Protection of Personal Information Act 4 of 2013 (POPIA);

b) the Companies Act 71 of 2008;

c) the Electronic Communications and Transactions Act 25 of 2002;

d) the Consumer Protection Act 68 of 2008;

e) the Financial Intelligence Centre Act 38 of 2001 (where applicable to customer onboarding and payment verification);

f) the Income Tax Act 58 of 1962 and the Value-Added Tax Act 89 of 1991 (for invoicing, tax reporting and record-keeping); and

g) any other law that applies to our business or the Services from time to time.

We have set out below the purposes for which we will process your personal information, which include:

a) to engage with you after you have contacted us via the Platform or otherwise;

b) to allow you to use our Services and to provide you with our Services as contracted;

c) to contract with you as a service provider to Kunye Cloud;

d) to provide it to our authorised service providers who need your personal information to provide their services to you (such as our payment gateway);

e) to process and service your payment for any Services rendered by Kunye Cloud or its service providers;

f) to manage payments, fees, and charges;

g) to meet our regulatory and compliance requirements;

h) to manage our relationship with you which may include notifying you about changes to our Terms, Privacy Notice, or Services or the delivery of communications and the effectiveness thereof;

i) to administer and protect our company, Platform and Services (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data);

j) to use data analytics to improve our Platform, Services, client relationships and experiences; and

k) to provide you with direct marketing and make suggestions about Services that may be of interest.

You may receive marketing communications from us if you are an existing customer, or have requested our Services, or have requested information from us, or have otherwise provided us with your details.

You can ask us to stop sending you marketing messages at any time by using the built-in prompts or contacting us and requesting us to cease or change your marketing preferences. Where you opt-out of receiving marketing messages, this opt-out will not apply to other personal information of yours which we process for another lawful basis.

We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules and where required or permitted by law.

We may have to share your personal information with the parties set out below for the purposes set out above.

Internal third parties including other entities or parties affiliated to Kunye Cloud, and their respective directors and employees, acting as joint responsible parties or operators.

External third parties including:

a) authorised third-party service providers under contract with Kunye Cloud who need your personal information to provide their services to you pursuant to your use of our Services;

b) service providers and contractors providing their services to us and acting as operators of your personal information on instruction from us;

c) South African or other national governments and/or their respective authorities pursuant to our adherence with legislative requirements, such as tax; and

d) professional advisers acting as operators or joint responsible parties including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services as required.

We may also share your personal information with third parties to whom we choose to sell, transfer, or merge parts of our company or our assets. Alternatively, we may seek to acquire other organisations or merge with them. If a change happens to our company, we may continue to use your personal information in the same way as set out in this Privacy Notice.

We require all third parties to respect the security of your personal information and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal information for their own purposes and only permit them to process your personal information in accordance with our instructions and standards.

The Platform 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 platform can use (and which we may use) to recognise repeat users, facilitate the user’s ongoing access to and use of a platform, and allow a platform to track usage behaviour and compile aggregate data that will allow the platform operator to improve the functionality of the platform and its content.

We use the following types of cookies:

Essential cookies: These are necessary for the Platform to function properly and cannot be disabled. They include cookies that enable you to log in to your account and use the core features of the Services.

Analytics cookies: These help us understand how you interact with the Platform by collecting information about pages visited, features used, and usage patterns. We use this data to improve the Platform and our Services.

When you first visit the Platform, we will ask for your consent before placing any non-essential cookies (including analytics cookies) on your device. You can manage your cookie preferences at any time through the cookie settings on our Platform, or through your browser settings. If you choose to disable non-essential cookies, you will still be able to use the Platform, although some features may be limited.

Essential cookies do not require your consent as they are necessary for the Platform to function. For all other cookies, we rely on your informed, voluntary consent.

We may share and process your personal information outside of South Africa for the purpose of cloud storage or to engage with third-party service providers such as software providers and contractors.

Our primary hosting infrastructure is provided by Amazon Web Services (AWS) in the Africa (Cape Town) region, with failover and backup infrastructure in other AWS regions outside South Africa. The categories of personal information that may be processed or transferred outside South Africa include Identity Data, Contact Data, Account Data (including email content, metadata and attachments), Technical Data, and Usage Data.

Whenever we transfer your personal information out of South Africa, we will ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

a) we will only transfer your personal information to countries that have appropriate data protection legislation in place similar to that of South Africa; and/or

b) where we use service providers, we will use specific contracts or clauses which ensure personal information is processed and secured lawfully.

We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used, or accessed in an unauthorised way, altered, or disclosed by implementing reasonable, technical, and organisational measures in line with best industry practice. We also limit access to your personal information to those employees, agents, contractors and other third parties who have a legitimate need to know. They will only process your personal information on our instruction and are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal information breach and will notify you and the Information Regulator of a breach in accordance with the requirements of POPIA. Where a security breach affects personal information for which a customer is the Responsible Party, we will notify the customer, and the customer will be responsible for any notifications to affected data subjects and the Information Regulator.

We will only retain your personal information for as long as necessary to fulfil the purpose we collected it for, including any legal, accounting, or reporting requirements.

The following retention periods apply to the main categories of personal information we collect:

• Account and Identity Data: Retained for the duration of your account and for 12 months after account closure or termination, unless a longer period is required by law.
• Financial and Transaction Data: Retained for the duration of your account and for 5 years after account closure in accordance with applicable tax and accounting legislation.
• Technical and Usage Data: Retained for up to 24 months from the date of collection.
• Marketing and Communications Data: Retained until you opt out of marketing communications or close your account, whichever is earlier.
• Account Data processed as Operator: retained for the duration of our Agreement with the relevant business customer. On termination, such Account Data is returned or deleted within 30 days in accordance with the terms of that Agreement.

We may also anonymise your personal information (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

You have rights in relation to your personal information where we are the relevant Responsible Party over such personal information. Please contact us to find out more about, or exercise, these rights:

a) request access to your personal information;

b) request correction of your personal information;

c) request erasure of your personal information;

d) object, on reasonable grounds, to the processing of your personal information, and to object at any time and without charge to the processing of your personal information for the purpose of direct marketing;

e) request a restriction of processing your personal information;

f) request transfer of your personal information; and/or

g) right to withdraw consent.

Where Kunye Cloud processes personal information as an Operator on behalf of a customer, any data subject requests relating to that information should be directed to the relevant customer in the first instance, as the customer is the Responsible Party for that data.

You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal information (or to exercise any of your other rights). This is a security measure to ensure that personal information is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

If you are a citizen of, or ordinarily resident in, a jurisdiction other than South Africa, please note that we process your personal information under South African data protection laws. If foreign law applies to your use of the Services or the Platform, please contact us and we will engage with you on your rights.

Last updated: 22 April 2026