Privacy Policy

01 Who We Are

This Privacy Policy applies to Architelligence Consulting ("we", "us", "our"), a data architecture and enterprise consulting practice operated by Dariusz Cieslakiewicz, based in Cape Town, Western Cape, Republic of South Africa.

We operate the website at architelligence.co.za (the "Website"). As the operator of this Website and the entity that determines the purpose and means of processing personal information, we are the Responsible Party as defined under POPIA.

02 Definitions

In this Privacy Policy, the following terms carry the meanings assigned to them under POPIA and as further described below:

03 Information We Collect

We collect only the minimum personal information necessary for the purposes described in this Policy. We do not collect Special Personal Information through this Website.

We do not use advertising networks, behavioural tracking, cross-site tracking, or social media tracking pixels on this Website. We do not knowingly collect financial information, identity numbers, or Special Personal Information.

04 Purpose of Processing

In accordance with section 13 of POPIA, we process your personal information only for specific, explicitly defined, and legitimate purposes. We do not process personal information in a manner incompatible with these purposes.

• To respond to your enquiry or message submitted via the contact form.
• To communicate with you regarding potential or existing consulting engagements.
• To maintain records of client and prospective client correspondence for business purposes.
• To comply with applicable legal and regulatory obligations.
• To ensure the security and proper operation of this Website.

We will not use your personal information for unsolicited marketing without your prior consent. Any consent given may be withdrawn at any time by contacting us at the address in Section 14.

05 Lawful Basis for Processing

We rely on the following lawful grounds under section 11 of POPIA:

1. Consent (s.11(1)(a)): Where you voluntarily submit information through the contact form, your submission constitutes consent to process that information for the stated purpose.
2. Contractual necessity (s.11(1)(b)): Processing that is necessary to take steps at your request prior to entering into a contract, or to perform a contract to which you are a party.
3. Legitimate interest (s.11(1)(f)): Processing necessary for our legitimate business interests, including maintaining business records and ensuring Website security, provided these interests are not overridden by your rights.
4. Legal obligation (s.11(1)(c)): Where processing is required to comply with an obligation imposed by law, such as tax legislation or court orders.

06 How We Use Your Information

Your personal information is used solely in the manner described in this Policy. Specifically:

• Your name and email address are used to reply to your enquiry.
• The content of your message is used to understand your requirements and provide an appropriate response.
• We may retain correspondence for business record-keeping in accordance with applicable tax and commercial law requirements.
• Server log data is used to identify and mitigate security threats and to maintain website performance.

We will not sell, rent, trade, or otherwise commercialise your personal information. We will not use your information for automated decision-making or profiling that produces legal or similarly significant effects without your explicit consent.

07 Sharing of Personal Information

We treat your personal information with strict confidentiality. We do not sell or disclose your personal information to third parties except in the following limited circumstances:

• Service providers (Operators): We use third-party service providers to operate this Website, including our web hosting provider. These parties process personal information only on our behalf and in accordance with our instructions, and are bound by appropriate data processing agreements consistent with POPIA.
• Email delivery: If we use an SMTP or email service provider to send correspondence, your email address may be processed by that provider solely to deliver our reply.
• Legal requirement: We may disclose personal information where required to do so by law, regulation, court order, or lawful request by a competent authority.
• Protection of rights: We may disclose information where necessary to protect our legal rights or prevent fraud or harm.

Any Operator we engage is required, in terms of section 21 of POPIA, to treat personal information with the same level of protection as we do and to notify us immediately upon becoming aware of any security compromise.

08 Cookies & Tracking Technologies

Cookies are small text files placed on your device by a website. We use only the minimal cookies necessary for the operation of this WordPress-powered Website.

We do not use:

• Advertising or retargeting cookies
• Cookie-based analytics services (e.g. Google Analytics)
• Social media tracking cookies
• Any third-party cookies that track your behaviour across other websites

You may configure your browser to refuse cookies or to alert you when cookies are being sent. Note that disabling strictly necessary cookies may affect the functionality of this Website. In terms of the Electronic Communications and Transactions Act 25 of 2002 (ECT Act) and POPIA, you are entitled to know what data is collected through cookies. We fulfil this obligation through this Policy and our Cookie Policy.

09 Security of Personal Information

We implement appropriate technical and organisational security measures to protect your personal information against accidental loss, unauthorised access, alteration, disclosure, or destruction, in accordance with section 19 of POPIA and the Conditions for the Lawful Processing of Personal Information.

• This Website is served over HTTPS (TLS encryption) to protect data in transit.
• Contact form submissions are transmitted using encrypted connections.
• Access to stored correspondence is restricted to authorised personnel only.
• We maintain up-to-date software, including the WordPress core and plugins, to minimise security vulnerabilities.

10 Retention of Personal Information

We retain personal information only for as long as is necessary to fulfil the purpose for which it was collected, or as required by applicable law, whichever is longer. This is consistent with section 14 of POPIA.

• General enquiry correspondence: Retained for a maximum of 3 years from the date of the last interaction, unless a consulting relationship develops.
• Client correspondence and records: Retained for a minimum of 5 years following the conclusion of an engagement, as required by the Companies Act 71 of 2008 and the South African Revenue Service (SARS) requirements.
• Server log data: Typically retained for 90 days by our hosting provider, subject to their own retention policies.

Upon expiry of the applicable retention period, personal information will be securely destroyed or anonymised so that it can no longer be attributed to a specific data subject.

11 Cross-Border Transfers of Personal Information

Where your personal information is transferred to a country outside the Republic of South Africa, we ensure that such transfer complies with section 72 of POPIA. Specifically, personal information will only be transferred to a foreign country or international organisation if:

• The recipient country has equivalent or adequate data protection legislation in place;
• You have consented to the transfer; or
• The transfer is necessary for the performance of a contract with you or in your interest.

Our web hosting and email services may process data in jurisdictions outside South Africa, including within the European Economic Area (EEA), which provides adequate protection under POPIA. We select service providers that offer appropriate data processing terms and safeguards.

12 Your Rights as a Data Subject

Under POPIA and applicable South African law, you have the following rights with respect to your personal information. To exercise any of these rights, please contact our Information Officer (see Section 14).

We will respond to any rights request within 30 days of receipt. We will not charge a fee for requests made in good faith. If a request is manifestly unfounded or excessive, we reserve the right to decline or charge a reasonable fee, and will notify you accordingly.

13 Children's Privacy

This Website is directed at business professionals and enterprises and is not intended for use by persons under the age of 18. We do not knowingly collect personal information from children. If you believe a child has submitted personal information through this Website, please contact us immediately and we will take steps to delete such information without delay.

The processing of personal information of children is subject to additional restrictions under section 34 of POPIA, and we do not engage in such processing through this Website.

14 Information Officer

In accordance with section 55 of POPIA, we have designated an Information Officer who is responsible for encouraging compliance with the conditions for the lawful processing of personal information and dealing with requests made to us. The Information Officer for Architelligence Consulting is:

All requests to exercise your rights, privacy enquiries, or concerns should be directed in writing to the Information Officer at the email address above. Please include "POPIA Request" in the subject line and provide sufficient information to verify your identity before we process your request.

15 Complaints to the Information Regulator

If you are not satisfied with our response to your privacy concern or rights request, or if you believe that we have processed your personal information in contravention of POPIA, you have the right to lodge a complaint directly with the South African Information Regulator. The Regulator has the authority to investigate complaints and enforce compliance with POPIA.

We encourage you to contact us first so that we may attempt to resolve your concern before escalating to the Regulator. We are committed to addressing all legitimate concerns in good faith and within the timeframes prescribed by POPIA.

16 Changes to This Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our practices, legal requirements, or the services we offer. The "Last reviewed" date at the top of this page will be updated accordingly.

We encourage you to review this Policy periodically. Where changes are material, we will take reasonable steps to notify you — for example, by prominently displaying a notice on the Website or by direct communication where we hold your contact details and you have a reasonable expectation of such notification.

Your continued use of this Website following any update constitutes acceptance of the revised Policy. If you do not agree with any changes, you should discontinue your use of this Website and contact us to have your personal information deleted.