Privacy Policy.
Privacy Policy
Effective Date: 10 April 2026
Kubeka Legacy Corp (Pty) Ltd, trading as Existence ("Existence," "we," "us," or "our"), is committed to protecting the privacy and personal information of our users. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you access or use our websites, mobile applications, and digital services, including Groove, TrueTime, CheatCodes, XFlush, and any other platforms we operate (collectively, the "Services"). We process personal information in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA) and other applicable data protection legislation. Please read this Privacy Policy carefully. By accessing or using our Services, you acknowledge that you have read, understood, and agree to the practices described in this policy.
1. Information We Collect
We may collect and process the following categories of personal information depending on which Services you use and how you interact with them:
1.1 Information You Provide Directly: This includes information you voluntarily provide when you register for an account, complete your profile, make a purchase, subscribe to a service, participate in a survey, contact our support team, or otherwise communicate with us. This may include your name, email address, telephone number, date of birth, gender, profile photograph, billing and payment information, postal address, and any other information you choose to provide.
1.2 Information Collected Automatically: When you access or use our Services, we automatically collect certain information about your device and your usage patterns. This includes your IP address, device type and model, operating system and version, unique device identifiers, browser type and version, language preferences, referring URLs, pages viewed, features used, time and date of access, duration of sessions, crash data, and other diagnostic information. For our mobile applications such as Groove, TrueTime, and CheatCodes, we may also collect information about your mobile network, app version, and in-app activity.
1.3 Location Information: With your consent, certain Services such as Groove may collect precise or approximate location information from your device using GPS, Wi-Fi, Bluetooth, or cellular network data. We use this information to provide location-based features, such as showing nearby events or venues. You may disable location services at any time through your device settings, although doing so may limit the functionality of certain features.
1.4 Information from Third Parties: We may receive personal information about you from third-party sources, including social media platforms (such as Facebook, Google, or Apple) when you use single sign-on features, payment processors, analytics providers, advertising partners, and publicly available databases. We may combine this information with other data we collect to improve and personalise your experience.
2. Purposes of Processing Your Personal Information
We process your personal information for the following purposes in accordance with Section 13 of POPIA: (a) To provide, maintain, and improve our Services, including creating and managing your account, processing transactions, and delivering customer support; (b) To personalise your experience by tailoring content, recommendations, and features based on your preferences and usage patterns; (c) To communicate with you regarding updates, promotions, new features, security alerts, and administrative messages related to our Services; (d) To process payments and subscriptions, including managing billing, invoicing, and resolving payment disputes; (e) To ensure the safety and security of our Services by detecting, investigating, and preventing fraud, abuse, and unauthorised access; (f) To conduct research and analytics to understand how users interact with our Services, enabling us to improve functionality and develop new features; (g) To comply with applicable laws, regulations, and legal obligations, including responding to lawful requests from government authorities; (h) To enforce our Terms of Service and other agreements; and (i) To facilitate business transfers in the event of a merger, acquisition, or sale of assets.
3. Legal Basis for Processing
Under POPIA and, where applicable, the General Data Protection Regulation (GDPR), we rely on the following legal bases for processing your personal information: (a) Consent: Where you have given us clear, voluntary, and informed consent to process your personal information for specific purposes, such as receiving marketing communications or enabling location services. You may withdraw your consent at any time by contacting us at support@existence-klcorp.com or adjusting your account settings, without affecting the lawfulness of processing carried out prior to withdrawal. (b) Contractual Necessity: Processing that is necessary for the performance of a contract to which you are a party, such as providing you with access to our Services and fulfilling subscription obligations. (c) Legal Obligation: Processing that is necessary for compliance with a legal obligation to which we are subject, including obligations under POPIA, the Companies Act 71 of 2008, the Electronic Communications and Transactions Act 25 of 2002, and tax legislation. (d) Legitimate Interest: Processing that is necessary for our legitimate interests or those of a third party, provided such interests are not overridden by your rights and freedoms. Our legitimate interests include fraud prevention, network and information security, and service improvement. (e) Protection of a Legitimate Interest of the Data Subject: Processing necessary to protect your legitimate interests where you are a child or are legally or physically unable to give consent.
4. How We Share Your Information
We do not sell your personal information. We may share your information with the following categories of recipients: (a) Service Providers: We engage trusted third-party companies and individuals to perform services on our behalf, such as cloud hosting (e.g., Google Cloud Platform), payment processing, email delivery, analytics, customer support, and marketing. These service providers are contractually obligated to use your information only as necessary to provide services to us and in accordance with this Privacy Policy. (b) Business Partners: We may share aggregated or de-identified information with business partners for joint marketing initiatives, co-branded services, or collaborative research. Such information cannot reasonably be used to identify you. (c) Legal and Regulatory Authorities: We may disclose your information where required by law, regulation, or legal process, or in response to a lawful request by public authorities, including to meet national security or law enforcement requirements under South African law. (d) Corporate Transactions: In the event of a merger, acquisition, reorganisation, bankruptcy, or sale of all or a portion of our assets, your personal information may be transferred as part of that transaction. We will notify you of any such change in ownership or control of your personal information. (e) With Your Consent: We may share your personal information with third parties when you have given us explicit consent to do so. (f) Other Users: Certain features of our Services may allow you to share information with other users, such as public profiles, comments, or content you post. Information you choose to make public is your responsibility.
5. International Data Transfers
Our Services are hosted on Google Cloud Platform, and your personal information may be transferred to, stored, and processed in countries outside of South Africa, including countries within the European Economic Area, the United States, and other jurisdictions where our service providers operate. In accordance with Section 72 of POPIA, we will only transfer your personal information to a foreign country if: (a) the recipient country has adequate data protection laws; (b) the recipient is bound by a contract or binding corporate rules that provide adequate protection; (c) you have consented to the transfer; or (d) the transfer is necessary for the performance of a contract between you and us. Where your information is transferred to countries subject to the GDPR or UK GDPR, we ensure that appropriate safeguards are in place, such as Standard Contractual Clauses approved by the European Commission. We take all reasonable steps to ensure that your personal information is treated securely and in accordance with this Privacy Policy wherever it is processed.
6. Data Retention
We retain your personal information only for as long as is necessary to fulfil the purposes for which it was collected, as described in this Privacy Policy, and in compliance with Section 14 of POPIA. The retention period is determined based on the following criteria: (a) the duration of your active account or use of our Services; (b) whether there is a legal, contractual, or regulatory obligation requiring retention, such as tax records (retained for a minimum of five years under the Tax Administration Act 28 of 2011), financial records (retained for a minimum of five years under the Companies Act), or records required for legal proceedings; (c) whether retention is advisable in light of our legal position, including statutes of limitation, litigation, or regulatory investigations; and (d) any guidance issued by the Information Regulator of South Africa. When your personal information is no longer required, we will securely delete or de-identify it in accordance with our data retention and destruction policies. De-identified information that cannot reasonably be re-linked to you may be retained indefinitely for analytical and statistical purposes.
7. Children's Privacy
Our Services are not directed at children under the age of 18 years. We do not knowingly collect personal information from children under 18. In accordance with Section 35 of POPIA, the processing of personal information of a child is prohibited unless it is carried out with the prior consent of a competent person (such as a parent or guardian), or is necessary for the establishment, exercise, or defence of a right or obligation in law. If we become aware that we have inadvertently collected personal information from a child without appropriate consent, we will take immediate steps to delete such information from our records. If you are a parent or guardian and believe that your child has provided us with personal information, please contact us at support@existence-klcorp.com so that we can take appropriate action.
8. Your Rights as a Data Subject
Under POPIA and, where applicable, the GDPR, you have the following rights in relation to your personal information: (a) Right of Access (Section 23 of POPIA): You have the right to request confirmation of whether we hold personal information about you and to request access to such information, including a description of the information, the categories of recipients to whom it has been disclosed, and the purpose of processing. (b) Right to Correction (Section 24 of POPIA): You have the right to request the correction or deletion of personal information that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading, or obtained unlawfully. (c) Right to Deletion: You have the right to request the deletion or destruction of your personal information where it is no longer necessary for the purpose for which it was collected, or where you withdraw your consent and no other legal basis for processing exists. (d) Right to Object (Section 11(3) of POPIA): You have the right to object to the processing of your personal information on reasonable grounds relating to your particular situation, unless legislation provides for such processing. You also have the right to object to the processing of your personal information for purposes of direct marketing by means of unsolicited electronic communications. (e) Right to Restrict Processing: Where applicable under the GDPR, you have the right to request that we restrict the processing of your personal information in certain circumstances, such as where you contest the accuracy of the information or object to its processing. (f) Right to Data Portability: Where applicable under the GDPR, you have the right to receive your personal information in a structured, commonly used, and machine-readable format, and to transmit that information to another controller. (g) Right to Lodge a Complaint: You have the right to lodge a complaint with the Information Regulator of South Africa if you believe that your personal information has been processed in violation of POPIA. You may also lodge a complaint with the relevant supervisory authority in the European Union or United Kingdom if applicable.
To exercise any of these rights, please contact us at support@existence-klcorp.com. We will respond to your request within a reasonable time and in any event within 30 days of receiving your request, as required by POPIA. We may request additional information from you to verify your identity before processing your request. There is no fee for exercising your rights, unless your request is manifestly unfounded or excessive, in which case we may charge a reasonable fee or refuse to act on the request.
9. Data Security
We take the security of your personal information seriously and implement appropriate technical and organisational measures to protect it against unauthorised or unlawful processing, accidental loss, destruction, or damage, in accordance with Section 19 of POPIA. These measures include, but are not limited to: encryption of data in transit using TLS/SSL protocols and at rest using industry-standard encryption algorithms; secure access controls, including multi-factor authentication for administrative access; regular security assessments, vulnerability scans, and penetration testing; employee training on data protection and information security best practices; incident response procedures to detect, report, and investigate personal data breaches; and physical security measures for any premises where personal information is stored. Despite our efforts, no method of transmission over the internet or method of electronic storage is completely secure. While we strive to protect your personal information, we cannot guarantee its absolute security. In the event of a data breach that is reasonably likely to result in a risk to your rights and freedoms, we will notify you and the Information Regulator as required by Section 22 of POPIA.
10. Cookies and Tracking Technologies
We use cookies and similar tracking technologies to collect information about your browsing activity and to enhance your experience on our Services. For detailed information about the types of cookies we use, how we use them, and your choices regarding cookies, please refer to our Cookie Policy, which forms part of this Privacy Policy. You can manage your cookie preferences through your browser settings or through any cookie consent mechanism we provide on our websites.
11. Third-Party Links and Services
Our Services may contain links to third-party websites, applications, or services that are not owned or controlled by Existence. This Privacy Policy does not apply to the practices of third parties. We are not responsible for the privacy practices, content, or security of any third-party websites or services. We encourage you to read the privacy policies of any third-party websites or services you visit or interact with. The inclusion of a link to a third-party website does not imply endorsement of that website by Existence.
12. Direct Marketing
In accordance with Section 69 of POPIA and the Consumer Protection Act 68 of 2008, we will only send you direct marketing communications by electronic means if you have given us your prior consent (opt-in) or if you are an existing customer and the marketing relates to similar products or services. Every marketing communication we send will include a clear and easy mechanism for you to opt out of receiving future marketing messages. You may also opt out at any time by contacting us at support@existence-klcorp.com or by adjusting your notification preferences within your account settings. Please note that even if you opt out of marketing communications, we may still send you non-promotional messages related to your account, transactions, or the administration of our Services.
13. Automated Decision-Making and Profiling
We may use automated decision-making processes, including profiling, to personalise your experience, recommend content, detect fraud, and improve our Services. In accordance with Section 71 of POPIA, you have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. If we make a decision based solely on automated processing that significantly affects you, we will inform you of the logic involved and provide you with an opportunity to make representations. You may contact us at support@existence-klcorp.com to request human intervention in any automated decision that affects you.
14. Changes to This Privacy Policy
We may update this Privacy Policy from time to time to reflect changes in our practices, technologies, legal requirements, or for other operational reasons. When we make material changes, we will notify you by posting the updated Privacy Policy on our websites, updating the "Effective Date" at the top of this document, and, where appropriate, providing additional notice such as an in-app notification or an email to the address associated with your account. We encourage you to review this Privacy Policy periodically to stay informed about how we are protecting your information. Your continued use of our Services after the effective date of any changes constitutes your acceptance of the updated Privacy Policy. If you do not agree with any changes, you should discontinue your use of the Services and contact us to request deletion of your personal information.
15. Information Officer and Contact Details
In accordance with Section 55 of POPIA, we have appointed an Information Officer who is responsible for ensuring compliance with the conditions for the lawful processing of personal information. If you have any questions, concerns, or requests regarding this Privacy Policy or our data processing practices, please contact us using the following details:
Kubeka Legacy Corp (Pty) Ltd, trading as Existence
Address: Katherine St &, Centex Cl, Strathavon, Sandton, 2196, South Africa
Email: support@existence-klcorp.com
If you are not satisfied with our response to your complaint or believe that your personal information is being processed in violation of POPIA, you have the right to lodge a complaint with the Information Regulator of South Africa:
The Information Regulator (South Africa)
JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001
Email: inforeg@justice.gov.za
Website: https://inforegulator.org.za
By using our Services, you acknowledge that you have read, understood, and agree to be bound by this Privacy Policy. If you do not agree with this Privacy Policy, please do not access or use our Services.