Privacy Policy

Effective: Mar 11, 2026

A legal disclaimer

This Privacy Policy describes how UmPhakathi Design Studio (UDS) collects, uses and discloses information, and what choices you have with respect to the information. Updates in this version of the Privacy Policy reflect changes in data protection law. In addition, we have worked to make the Privacy Policy clearer and more understandable by: organizing it into the sections listed in the Table of Contents below, providing a series of examples that help illustrate how the policies may be implemented by UDS and defining and capitalizing a few terms that are used more than once for simplicity and brevity. When we refer to “UDS”, we mean the UDS entity that acts as the controller or processor of your information, as explained in more detail in the “Identifying the Data Controller and Processor” section below.

Privacy Policy

This Privacy Policy applies to UDS’s online on-demand staffing platform, including the associated UDS mobile and desktop applications (collectively, the “Services”), umphakathids.co.za and other UDS websites (collectively, the “Websites”) and other interactions (e.g., customer service inquiries, user conferences, etc.) you may have with UDS. If you do not agree with the terms, do not access or use the Services, Websites or any other aspect of UDS’s business.

This Privacy Policy does not apply to any third party applications or software that integrate with the Services through the UDS platform (“Third Party Services”), or any other third party products, services or businesses. In addition, a separate agreement governs delivery, access and use of the Services (the “Customer Agreement”), including the processing of any messages, files or other content submitted through Services accounts (collectively, “Customer Data”).

Information We Collect and Receive

UDS may collect and receive Customer Data and other information and data

(“Other Information”) in a variety of ways: Customer Data. Customers or individuals granted access to a UDS user account (“Authorized Users”) routinely submit Customer Data to UDS when using the Services. Other Information. UDS also collects, generates and/or receives Other Information:

Account Information. To create or update an account, you or your Customer (e.g., your employer) supply UDS with an email address ID number, phone number, password, domain and/or similar account details. For details on Account creation, click here. In addition, Customers that purchase a paid version of the Services provide UDS (or its payment processors) with billing details such as credit card information, banking information and/or a billing address.

Usage Information. Services Metadata. When an Authorized User interacts with the Services, metadata is generated that provides additional context about the way Authorized Users work. For example, UDS logs the Jobs and Training programs you confirm/cancel, clock in/out, and check in to. Log data. As with most websites and technology services delivered over the Internet, our servers automatically collect information when you access or use our Websites or Services and record it in log files. This log data may include the Internet Protocol (IP) address, the address of the web page visited before using the Website or Services, browser type and settings, the date and time the Services were used, information about browser configuration and plugins, language preferences and cookie data. Device information. UDS collects information about devices accessing the Services, including type of device, what operating system is used, device settings, application IDs, unique device identifiers and crash data. Whether we collect some or all of this Other Information often depends on the type of device used and its settings. Location information. We receive information from you, your Customer and other third parties that helps us approximate your location. We may, for example, use a business address submitted by your employer, or an IP address received from your browser or device to determine approximate location. UDS may also collect location information from devices in accordance with the consent process provided by your device.

Cookie Information. UDS uses cookies and similar technologies in our Websites and Services that help us collect Other Information. The Websites and Services may also include cookies and similar tracking technologies of third parties, which may collect Other Information about you via the Websites and Services and across other websites and online services.

Third Party Services. Customer can choose to permit or restrict Third Party Services for their accounts. Typically, Third Party Services are software that integrate with our Services, and Customer can permit its Authorized Users to enable and disable these integrations for their Accounts. Once enabled, the provider of a Third Party Service may share certain information with UDS. For example, if a cloud storage application is enabled to permit files to be imported to a Workspace, we may receive user name and email address of Authorized Users, along with additional information that the application has elected to make available to UDS to facilitate the integration. Authorized Users should check the privacy settings and notices in these Third Party Services to understand what data may be disclosed to UDS. When a Third Party Service is enabled, UDS is authorized to connect and access Other Information made available to UDS in accordance with our agreement with the Third Party Provider. We do not, however, receive or store passwords for any of these Third Party Services when connecting them to the Services.

Contact Information. In accordance with the consent process provided by your device, any contact information that an Authorized User chooses to import (such as an address book from a device) is collected when using the Services.

Third Party Data. UDS may receive data about organizations, industries, Website visitors, marketing campaigns and other matters related to our business from parent corporation(s), affiliates and subsidiaries, our partners or others that we use to make our own information better or more useful. This data may be combined with Other Information we collect and might include aggregate level data, such as which IP addresses correspond to zip codes or countries. Or it might be more specific: for example, how well an online marketing or email campaign performed.

Additional Information Provided to UDS. We receive Other Information when submitted to our Websites or if you participate in a training program, contest, activity or event, apply for a job, request support, interact with our social media accounts or otherwise communicate with UDS.

Generally, no one is under a statutory or contractual obligation to provide any Customer Data or Other Information (collectively, “Information”). However, certain Information is collected automatically and, if some Information, such as Account setup details, is not provided, we may be unable to provide the Services.

How We Use Information

Customer Data will be used by UDS in accordance with Customer’s instructions, including any applicable terms in the Customer Agreement and Customer’s use of Services functionality, and as required by applicable law. UDS is a processor of Customer Data and Customer is the controller. Customer may, for example, use the Services to approve and decline staff, assign roles and configure settings, access, modify, export, share and remove Customer Data and otherwise apply its policies to the Services. UDS uses Other Information in furtherance of our legitimate interests in operating our Services, Websites and

business. More specifically, UDS uses Other Information:

To provide, update, maintain and protect our Services, Websites and business. This includes use of Other Information to support delivery of the Services under a Customer Agreement, prevent or address service errors, security or technical issues, analyse and monitor usage, trends and other activities or at an Authorized User’s request.
As required by applicable law, legal process or regulation. To communicate with you by responding to your requests, comments and questions. If you contact us, we may use your Other Information to respond.
To develop and provide search, learning and productivity tools and additional features. UDS tries to make the Services as useful as possible for Authorized Users. For example, we may improve search functionality by using Other Information to help determine and rank training levels and expertise to an Authorized User, make Services suggestions based on historical use and predictive models, identify organizational trends and insights, to customize a Services experience or create new productivity features and products.
To send emails and other communications. We may send you service, technical and other administrative emails, messages and other types of communications. We may also contact you to inform you about changes in our Services, our Services offerings, and important Services related notices, such as security and fraud notices. These communications are considered part of the Services and you may not opt out of them. In addition, we sometimes send emails about new product features, promotional communications or other news about UDS. These are marketing messages so you can control whether you receive them.
For billing, account management and other administrative matters. UDS may need to contact you for invoicing, account management and similar reasons and we use account data to administer accounts and keep track of billing and payments.

To investigate and help prevent security issues and abuse. If Information is aggregated or de-identified so it is no longer reasonably associated with an identified or identifiable natural person, UDS may use it for any business purpose. To the extent Information is associated with an identified or identifiable natural person and is protected as personal data under applicable data protection law, it is referred to in this Privacy Policy as “Personal Data.”

Data Retention

UDS will retain Customer Data in accordance with a customer’s instructions, including any applicable terms in the Customer Agreement and Customer’s use of Services functionality, and as required by applicable law. Depending on the Services plan, Customer may be able to customize its retention settings and apply those customized settings to their accounts. Customer may also apply different settings to messages, files or other types of Customer Data. The deletion of Customer Data and other use of the Services by Customer may result in the deletion and/or de-identification of certain associated Other Information. For more detail, please review the Help Centre or contact Customer. UDS may retain Other Information pertaining to you for as long as necessary for the purposes described in this Privacy Policy. This may include keeping your Other Information after you have deactivated your account for the period of time needed for UDS to pursue legitimate business interests, conduct audits, comply with (and demonstrate compliance with) legal obligations, resolve disputes and enforce our agreements.

Data Retention

How We Share and Disclose Information

This section describes how UDS may share and disclose Information. Customers

determine their own policies and practices for the sharing and disclosure of Information, and UDS does not control how they or any other third parties choose to share or disclose Information.

Customer’s Instructions. UDS will solely share and disclose Customer Data in accordance with a Customer’s instructions, including any applicable terms in the Customer Agreement and Customer’s use of Services functionality, and in compliance with applicable law and legal process.
Displaying the Services. When an Authorized User submits Other Information, it may be displayed to other Authorized Users on the platform. For example, an Authorized User’s email address may be displayed with their Workspace profile. Please consult the Help Centre for more information on Services functionality.
Customer Access. Owners, administrators, Authorized Users and other Customer representatives and personnel may be able to access, modify or restrict access to Other Information. This may include, for example, your employer using Service features to export Job card logs, the administrator accessing or modifying your profile details. For information about your Workspace settings, please see https://UDSapp.com/account/settings.
Third Party Service Providers and Partners. We may engage third party companies or individuals as service providers or business partners to process Other Information and support our business. These third parties may, for example, provide virtual computing and storage services. Additional information about the sub-processors we use to support delivery of our Services is set forth at UDS Sub-processors.
Third Party Services. Customer may enable or permit Authorized Users to enable Third Party Services. When enabled, UDS may share Other Information with Third Party Services. Third Party Services are not owned or controlled by UDS and third parties that have been granted access to Other Information may have their own policies and practices for its collection and use. Please check the privacy settings and notices in these Third Party Services or contact the provider for any questions.
Corporate Affiliates. UDS may share Other Information with its corporate affiliates, parents and/or subsidiaries.
During a Change to UDS’s Business. If UDS engages in a merger, acquisition, bankruptcy, dissolution, reorganization, sale of some or all of UDS’s assets or stock, financing, public offering of securities, acquisition of all or a portion of our business, a similar transaction or proceeding, or steps in contemplation of such activities (e.g. due diligence), some or all Other Information may be shared or transferred, subject to standard confidentiality arrangements.
Aggregated or De-identified Data. We may disclose or use aggregated or de-identified Other Information for any purpose. For example, we may share aggregated or de-identified Other Information with prospects or partners for business or research purposes, such as telling a prospective UDS customer the average amount of time spent on Jobs and training programs.
To Comply with Laws. If we receive a request for information, we may disclose Other Information if we reasonably believe disclosure is in accordance with or required by any applicable law, regulation or legal process. Please see the Data Request Policy to understand how UDS responds to requests to disclose data from government agencies and other sources.
To enforce our rights, prevent fraud, and for safety. To protect and defend the rights, property or safety of UDS or third parties, including enforcing contracts or policies, or in connection with investigating and preventing fraud or security issues.
With Consent. UDS may share Other Information with third parties when we have consent to do so.

How We Share and Disclose Information

This section describes how UDS may share and disclose Information. Customers

determine their own policies and practices for the sharing and disclosure of Information, and UDS does not control how they or any other third parties choose to share or disclose Information.

Customer’s Instructions. UDS will solely share and disclose Customer Data in accordance with a Customer’s instructions, including any applicable terms in the Customer Agreement and Customer’s use of Services functionality, and in compliance with applicable law and legal process.
Displaying the Services. When an Authorized User submits Other Information, it may be displayed to other Authorized Users on the platform. For example, an Authorized User’s email address may be displayed with their Workspace profile. Please consult the Help Centre for more information on Services functionality.
Customer Access. Owners, administrators, Authorized Users and other Customer representatives and personnel may be able to access, modify or restrict access to Other Information. This may include, for example, your employer using Service features to export Job card logs, the administrator accessing or modifying your profile details. For information about your Workspace settings, please see https://UDSapp.com/account/settings.
Third Party Service Providers and Partners. We may engage third party companies or individuals as service providers or business partners to process Other Information and support our business. These third parties may, for example, provide virtual computing and storage services. Additional information about the sub-processors we use to support delivery of our Services is set forth at UDS Sub-processors.
Third Party Services. Customer may enable or permit Authorized Users to enable Third Party Services. When enabled, UDS may share Other Information with Third Party Services. Third Party Services are not owned or controlled by UDS and third parties that have been granted access to Other Information may have their own policies and practices for its collection and use. Please check the privacy settings and notices in these Third Party Services or contact the provider for any questions.
Corporate Affiliates. UDS may share Other Information with its corporate affiliates, parents and/or subsidiaries.
During a Change to UDS’s Business. If UDS engages in a merger, acquisition, bankruptcy, dissolution, reorganization, sale of some or all of UDS’s assets or stock, financing, public offering of securities, acquisition of all or a portion of our business, a similar transaction or proceeding, or steps in contemplation of such activities (e.g. due diligence), some or all Other Information may be shared or transferred, subject to standard confidentiality arrangements.
Aggregated or De-identified Data. We may disclose or use aggregated or de-identified Other Information for any purpose. For example, we may share aggregated or de-identified Other Information with prospects or partners for business or research purposes, such as telling a prospective UDS customer the average amount of time spent on Jobs and training programs.
To Comply with Laws. If we receive a request for information, we may disclose Other Information if we reasonably believe disclosure is in accordance with or required by any applicable law, regulation or legal process. Please see the Data Request Policy to understand how UDS responds to requests to disclose data from government agencies and other sources.
To enforce our rights, prevent fraud, and for safety. To protect and defend the rights, property or safety of UDS or third parties, including enforcing contracts or policies, or in connection with investigating and preventing fraud or security issues.
With Consent. UDS may share Other Information with third parties when we have consent to do so.

Security

UDS takes security of data very seriously. UDS works hard to protect Other Information you provide from loss, misuse, and unauthorized access or disclosure. These steps take into account the sensitivity of the Other Information we collect, process and store, and the current state of technology. UDS has received internationally recognized security certifications for ISO 27001 (information security management system) and ISO 27018 (for protecting personal data in the cloud). To learn more about current practices and policies regarding security and confidentiality of the Services, please see our Security Practices. Given the nature of communications and information processing technology, UDS cannot guarantee that Information, during transmission through the Internet or while stored on our systems or otherwise in our care, will be absolutely safe from intrusion by others.

Age Limitations

To the extent prohibited by applicable law, UDS does not allow use of our Services and Websites by anyone younger than 18 years old. If you learn that anyone younger than 18 has unlawfully provided us with personal data, please contact us and we will takes steps to delete such information.

Changes to This Privacy Policy

UDS may change this Privacy Policy from time to time. Laws, regulations and industry standards evolve, which may make those changes necessary, or we may make changes to our business. We will post the changes to this page and encourage you to review our Privacy Policy to stay informed. If we make changes that materially alter your privacy rights, UDS will provide additional notice, such as via email or through the Services. If you disagree with the changes to this Privacy Policy, you should deactivate your Services account.

Data Protection Officer

To communicate with our Data Protection Officer, please email dpo@umphakathids.co.za

Identifying The Data Controller And Processor

Data protection law in certain jurisdictions differentiates between the “controller” and “processor” of information. In general, Customer is the controller of Customer Data. In general, UDS is the processor of Customer Data and the controller of Other Information. UmPhakathi Design Studio (Pty) Ltd, a South African based company is the controller of Other Information and a processor of Customer Data relating to Authorized Users who use Accounts established for Customers in the Republic of South Africa.

Your Rights

Individuals located the Republic of South Africa have certain statutory rights in relation to their personal data. Subject to any exemptions provided by law, you may have the right to request access to Information, as well as to seek to update, delete or correct this Information. You can usually do this using the settings and tools provided in your Services account. If you cannot use the settings and tools, contact Customer for additional access and assistance. Please check https://umphakathids.co.za/account/settings for Customer contact information.

To the extent that UDS’s processing of your Personal Data is subject to the General Data Protection Regulation, UDS relies on its legitimate interests, described above, to process your data. UDS may also process Other Information that constitutes your Personal Data for direct marketing purposes and you have a right to object to UDS’s use of your Personal Data for this purpose at any time.

Data Protection Authority

Subject to applicable law, you also have the right to (i) restrict UDS’s use of Other Information that constitutes your Personal Data and (ii) lodge a complaint with your local data protection authority or the Information Regulator, which is UDS’s lead supervisory authority in the Republic of South Africa. If you are a resident of the Republic of South Africa and believe we maintain your Personal Data within the scope of the Protection of Personal Information’s Act (POPI Act), you may direct questions or complaints to our lead supervisory authority:

The Information Regulator (South Africa)

SALU Building,
316 Thabo Sehume Street,
PRETORIA

Ms Mmamoroke Mphelo

Tel: 012 406 4818

Fax: 086 500 3351

inforeg@justice.gov.za