This page brings together the documents that govern how you use Skypiom and how we handle your information. Skypiom (Pty) Ltd is based in Cape Town, South Africa and operates under South African law, including the Protection of Personal Information Act (PoPIA).
If your organisation has signed a Service Level Agreement with us, those documents apply to your organisation’s use of the platform and prevail over the general terms below where they differ. Community and Community Plus accounts are governed by the Community Terms, alongside the documents on this page.
Questions about any of these documents: info@skypiom.com.
Last updated: 22 October 2026.
AI Terms
1. Scope and status
1.1. These terms (“AI Terms”) apply to Livia, Skypiom’s AI help assistant, and to any other AI-powered feature of the Services (“AI Features”).
1.2. They form part of the agreement that governs your use of the Services (the “Governing Agreement”): the Community Terms for Community and Community Plus, or the signed Service Level Agreement and Data Processing Agreement for paid customers.
1.3. If these AI Terms conflict with the Governing Agreement on AI matters, these AI Terms prevail, except that limits and exclusions of liability are governed only by the Governing Agreement, and the Data Processing Agreement prevails over these AI Terms on the processing of Personal Information.
2. What Livia is
2.1. Livia is an automated AI assistant that answers questions about using Skypiom. Her responses are generated by AI, not written by a person.
2.2. Livia is designed to answer from Skypiom’s product documentation. Skypiom does not guarantee that any response is accurate, complete, current or suitable for your situation.
2.3. If Livia cannot help, she will say so and can raise a support ticket for a person to follow up, when you ask her to.
3. No advice, and your responsibility
3.1. Responses and generated content are not legal, financial, HR, compliance, regulatory, medical or other professional advice.
3.2. You must check anything important against official Skypiom documentation or Skypiom support before relying on it. You remain responsible for your own decisions, including compliance decisions.
3.3. Livia does not approve, grade, enrol, certify or take any compliance decision about any person.
4. Limits on what Livia will do
4.1. Livia only helps with using the Skypiom platform. She will not write, answer or explain course content, or assessment, exam or quiz questions and answers. Those belong to the course provider: contact your facilitator, instructor or training provider.
4.2. Livia is not an emergency or crisis service.
5. What you should not submit
5.1. Livia does not need personal information to answer platform questions. Do not enter passwords, identity or passport numbers, bank or card details, or special personal information (for example health, biometric, race or religious information).
5.2. Do not enter personal information about other people unless it is necessary and you have a lawful basis. You are responsible for what you enter.
6. Acceptable use
6.1. You must not: (a) try to manipulate Livia, bypass her limits or extract her instructions; (b) probe, scan or overload the AI Features; (c) use outputs to build or train a competing product or any AI model; (d) submit unlawful, infringing, harassing or harmful content; or (e) use automated tools to send messages without Skypiom’s written consent.
6.2. You must follow the usage policies of Skypiom’s AI provider, which Skypiom may notify to you. Skypiom may restrict or suspend access if you breach this clause.
7. AI Features that generate content
7.1. You supply the material (“Input”) and the AI Feature produces content (“Output”), such as draft courses or assessments.
7.2. Output may be inaccurate, incomplete, biased or similar to output given to others. You must review and validate Output before publishing it or relying on it, particularly for accredited, CPD or compliance material.
7.3. You must not use Output to make a decision that materially affects a person (for example employment or progression) without meaningful human review.
7.4. As between you and Skypiom, and to the extent the law allows, you own your Output. Skypiom gives no warranty that Output does not infringe third-party rights.
8. How data is handled
8.1. For Livia, Skypiom sends only the text of your message to its third-party AI provider. It does not send your name, email address, company, page address or ticket details. Your message may still contain anything you type.
8.2. For AI Features that generate content, your Input, which may include personal information, is sent to the AI provider to produce Output.
8.3. The AI provider may process data outside South Africa and may keep inputs and outputs for up to 30 days to detect abuse, after which they are deleted unless the law requires otherwise.
8.4. Skypiom has not enabled use of Inputs or Outputs to train the AI provider’s models.
8.5. Skypiom keeps Livia transcripts, including backups, for 365 days, and then deletes them. It keeps and may review them to secure the Services, resolve disputes, and provide evidence if a person abuses or attempts to abuse Livia.
8.6. The Privacy Policy and, for paid customers, the Data Processing Agreement apply to all processing under these AI Terms.
9. Disclaimers and liability
9.1. AI Features are provided “as is” and “as available”.
9.2. To the maximum extent permitted by law, Skypiom is not liable for loss arising from your reliance on Livia’s responses or on Output.
9.3. Skypiom’s liability is limited as set out in the Governing Agreement. Nothing in these AI Terms excludes or limits liability that the law does not allow to be excluded or limited.
10. Availability and changes
10.1. Skypiom may change, restrict or suspend AI Features, including through fair-use or token limits stated in your plan.
10.2. Skypiom may update these AI Terms as the Governing Agreement allows.
Community Terms
These terms govern access to and use of Skypiom Community and Community Plus. “Skypiom”, “we”, “us” and “our” mean Skypiom (Pty) Ltd (the “Company”). “You” means the person accepting these terms and, where applicable, the organisation on whose behalf that person acts. By creating an account, accepting these terms or using the services, you agree to them. If you do not agree, do not create or use an account.
1. Introduction
1.1. These terms apply specifically to the Skypiom Community and Community Plus services (the “Services”).
1.2. These terms operate in addition to Skypiom’s Website Terms of Use, Privacy Policy and AI Terms. If these terms conflict with the Terms of Use, these more specific terms prevail for use of the Services. The Privacy Policy continues to govern the processing of personal information.
1.3. You must be at least 18 years old, have legal capacity to accept these terms and use the Services only for lawful purposes.
1.4. If you create an account for an organisation, you confirm that you are authorised to bind that organisation to these terms.
2. Account and Access
2.1. You must provide accurate and current registration information and keep it updated.
2.2. You are responsible for keeping your login credentials confidential, for activity under your account and for promptly notifying Skypiom of suspected unauthorised access.
2.3. You are responsible for managing users invited to your account and ensuring their use of the Services complies with these terms.
2.4. The Services are intended for community, learning and workforce development purposes. You must not resell, sublicense or commercially exploit access to the Services, or use them to build or support a competing product.
3. Community and Community Plus Plans
3.1. Community is the free plan and includes up to 20 users, subject to the features, limits and fair-use rules displayed at sign-up or within the Services.
3.2. Community Plus is the only paid community plan available for self-service sign-up. Its current price, included features, user or usage limits, applicable taxes and billing currency will be shown before subscription and form part of the subscription.
3.3. Skypiom may change plan features, limits or availability. Where practicable, Skypiom will give reasonable advance notice of material changes. If a change materially reduces a paid Community Plus feature during a paid month, you may cancel before the change takes effect, subject to any rights under applicable law.
4. Community Plus Subscription, Payment and Cancellation
4.1. Community Plus is billed monthly in advance through a payment provider identified at checkout. By subscribing, you authorise recurring monthly charges to your selected payment method while the subscription remains active.
4.2. The subscription continues month to month unless cancelled. There is no fixed minimum term.
4.3. You may upgrade from Community to Community Plus at any time. The upgrade takes effect when checkout is completed and payment is successfully authorised. The applicable price and features will be shown before you confirm.
4.4. The payment provider processes payment information under its own terms and privacy notice. Skypiom does not store full card details.
4.5. You may cancel Community Plus at any time using the account controls or by contacting Skypiom. Cancellation takes effect at the end of the current paid month, and you retain access to Community Plus until that date.
4.6. Unused time in a paid month is not refunded or credited, except where required by law.
4.7. After the paid period ends, the account may revert to Community or another available free state, subject to the limits then in force. If your account exceeds those limits, Skypiom may restrict affected features or ask you to reduce usage, giving you a reasonable opportunity to do so.
4.8. If payment fails or becomes overdue, Skypiom may retry collection, suspend Community Plus features or downgrade the account after reasonable notice. You remain responsible for charges properly incurred before cancellation, suspension or downgrade.
5. Annual Price Adjustment
5.1. Skypiom may increase the Community Plus monthly price once in any 12-month period.
5.2. Skypiom will give at least 30 days’ notice by email or in-product notice before an increase takes effect. The revised price applies from the first billing date on or after the notice period.
5.3. You may cancel before the increase takes effect. Continued use after that date constitutes acceptance of the revised price, subject to applicable law.
6. Acceptable Use and User Content
6.1. You must comply with applicable law and must not use the Services to upload, store or share unlawful, infringing, harmful, misleading, abusive or malicious material.
6.2. You must not interfere with or compromise the security or availability of the Services; access another person’s account without permission; probe, scan or test Skypiom’s systems without authorisation; transmit malware; or misuse the Services in a way that harms Skypiom or another user.
6.3. You retain ownership of content you submit. You grant Skypiom a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, transmit, display and process that content only as needed to provide, secure and support the Services, comply with law and enforce these terms. Skypiom does not use your content, including messages to Livia, to improve the Services or to train any model, and has not enabled its AI provider to do so.
6.4. You confirm that you have the rights and lawful authority needed to submit your content and grant this licence. You are responsible for the legality, accuracy, quality and appropriateness of your content and for maintaining your own copies.
6.5. You must not upload personal information about another person unless you have a lawful basis and have provided any required notices or obtained any required permissions. Do not upload sensitive personal information unless the Service is expressly designed for it and you have confirmed that its processing is lawful.
7. Data Protection and Account Closure
7.1. Skypiom’s Privacy Policy explains how personal information is processed. Section 7.8 applies where Skypiom processes personal information on your behalf.
7.2. Where you upload information about learners, employees, members or other individuals, you are responsible for determining your lawful basis, providing required notices, responding to data-subject requests and complying with applicable data-protection law.
7.3. If an account has had no activity for six consecutive months, Skypiom may close it after sending at least 30 days’ notice to the account owner’s registered email address. “Activity” means a successful sign-in or another meaningful use of the account. You can prevent closure by signing in during the notice period.
7.4. Skypiom may suspend or close an account immediately where reasonably necessary to address a security risk, suspected fraud, unlawful activity, serious breach of these terms or risk to another user or Skypiom’s systems, subject to applicable law.
7.5. Following account closure, Skypiom will delete or de-identify personal information and account data within 90 (ninety) days, unless the law requires or permits longer retention. However, Livia transcripts, including backups, are deleted 365 days after they are created.
7.6. Skypiom may retain information for as long as required or permitted by law, to establish or defend legal claims, to maintain security or backups for a limited period, or where otherwise lawful. Retained information will be protected and used only for the relevant purpose.
7.7. You should export any content you wish to keep before closure. After deletion or de-identification, it may not be recoverable.
7.8. Where you upload personal information about learners, employees, members or other individuals, you are the responsible party and Skypiom acts as your operator. Skypiom will: (a) process that information only to provide, secure and support the Services and as these terms allow; (b) keep it confidential and protect it with appropriate, reasonable technical and organisational measures; (c) notify you promptly on becoming aware of unauthorised access to it; (d) use service providers, including hosting, communications and AI providers, to process it under written agreements that require them to keep it confidential and secure, and you authorise Skypiom to do so; (e) assist you, to the extent reasonably possible, to respond to requests from data subjects, and refer to you any such request it receives directly; and (f) transfer it outside South Africa only as POPIA permits. Skypiom’s liability under this section is subject to section 10.
8. Intellectual Property and Third-Party Services
8.1. Skypiom and its licensors own all rights in the Services, software, branding, documentation and materials supplied by Skypiom, excluding your content and third-party materials.
8.2. While your account is active and you comply with these terms, Skypiom grants you a limited, revocable, non-exclusive and non-transferable right to access and use the Services for their intended purpose. No other rights are granted.
8.3. You must not modify, translate, create derivative works from, reverse engineer, disclose, sell, lease, sublicense, copy, reproduce, transmit or distribute Skypiom materials except as expressly permitted by law or with Skypiom’s prior written consent.
8.4. The Services may link to or rely on third-party products, platforms, content or services, including payment and AI providers. Those third parties operate under their own terms and privacy notices, which also apply to their processing, and Skypiom is not responsible for services it does not control, to the maximum extent permitted by law.
9. Availability, Maintenance and Changes
9.1. Skypiom may modify, maintain, suspend or discontinue all or part of the Services.
9.2. Skypiom does not guarantee uninterrupted or error-free availability, compatibility with every device or browser, or that the Services will meet every requirement or produce a particular result.
9.3. Skypiom will use reasonable efforts to provide notice of planned material interruptions where practicable. You are responsible for suitable devices, connectivity and backups.
9.4. Your use of Livia and any AI Features is subject to the AI Terms which form part of these terms.
9.5. If the AI Terms conflict with these terms on AI matters, the AI Terms prevail, except that section 10 (Limitation of Liability) governs all liability, including liability connected with AI Features, and section 7.8 prevails over the AI Terms on the processing of personal information.
9.6. Livia’s responses may be inaccurate and are not professional advice. You must verify important information before relying on it.
10. Limitation of Liability
10.1. The Services are provided “as is” and “as available”. To the maximum extent permitted by law, Skypiom excludes all warranties, representations and conditions not expressly set out in these terms or required by law.
10.2. To the maximum extent permitted by law, Skypiom will not be liable for indirect, consequential, incidental, special, exemplary or punitive loss, or loss of profit, revenue, business, opportunity, goodwill, anticipated savings, data or use, arising from or connected with the Services, whether in contract, delict (including negligence), statute or otherwise, even if advised that such loss may occur.
10.3. To the maximum extent permitted by law, Skypiom’s total aggregate liability arising from or connected with the Services will be limited to the amount you paid Skypiom for Community Plus in the one month immediately before the event giving rise to the claim. If you use only the free Community plan, that limit will be zero to the extent the law permits.
10.4. Nothing in these terms excludes or limits liability, rights or remedies that applicable law does not permit to be excluded or limited, including liability for death or personal injury caused by negligence where such limitation is prohibited, fraud, or any non-excludable consumer right.
10.5. Liability exclusions and limitations in this section are material terms brought to your attention before acceptance. They apply only to the extent lawful. If any part is unenforceable, it will be read down to the minimum extent necessary and the remaining terms will continue to apply.
11. Suspension and Termination
11.1. You may stop using Community and close your account at any time. You may cancel Community Plus as described in section 4.
11.2. Skypiom may suspend, restrict or terminate access if you breach these terms, fail to pay, create a security or legal risk, or if Skypiom discontinues the relevant Service. Where practicable, Skypiom will give notice and a reasonable opportunity to remedy the issue.
11.3. Terms that by their nature should continue after termination will survive, including intellectual property, liability limits, indemnity, data retention, disputes and general provisions.
12. Indemnity
12.1. To the maximum extent permitted by law, you will indemnify and hold harmless Skypiom, its affiliates, officers, employees and service providers from third-party claims, losses, liabilities and reasonable costs arising from your content, unlawful use of the Services, breach of these terms or infringement of another person’s rights.
12.2. This indemnity does not apply to the extent a claim is caused by Skypiom’s own breach of law or non-excludable responsibility, and does not limit any rights you have under applicable consumer law.
13. General Terms
13.1. These terms, together with the Privacy Policy, the AI Terms and the Community Plus checkout details, form the agreement between you and Skypiom regarding the Services. Checkout details govern the specific Community Plus price and billing period.
13.2. Skypiom may update these terms and give reasonable notice of material changes. The revised terms apply from the stated effective date. If you do not agree, stop using the Services (including Livia and the AI Features) and/or cancel any paid subscription before the change takes effect, subject to applicable law.
13.3. A waiver is effective only if made in writing. If a provision is unenforceable, it will be limited to the minimum extent necessary and the remaining provisions will continue to apply.
13.4. You may not transfer your account or rights under these terms without Skypiom’s prior written consent. Skypiom may transfer its rights and obligations as part of a corporate reorganisation, merger or sale, subject to applicable law.
13.5. Notices relating to the Services may be sent electronically to the email address registered to your account or displayed within the Services. Notices are deemed received when delivered to the applicable email system, subject to applicable law. You must keep your account contact details current.
13.6. Either party may update its notice details by written notice. A change takes effect seven days after receipt, unless otherwise stated.
14. Governing Law, Jurisdiction and Contact
14.1. These terms are governed by and interpreted in accordance with the laws of the Republic of South Africa.
14.2. The parties submit to the jurisdiction of the courts of Cape Town, Western Cape, without limiting any non-waivable consumer right to approach a court or dispute-resolution body with jurisdiction.
14.3. Skypiom’s address for service of legal documents is W17, Watershed, 17 Dock Road, V&A Waterfront, Cape Town 8002, South Africa.
14.4. General enquiries: info@skypiom.com. Support: support@skypiom.com. Telephone: +27 21 012 5600. Website: https://www.skypiom.com.
14.5. Before starting formal proceedings, the parties will try in good faith to resolve a dispute through written notice and discussion, except where urgent relief is needed.
15. Acceptance
15.1. By selecting “I agree”, creating or using a Skypiom account, you confirm that you have read, understood and accepted these terms in full.
Data Processing Agreement
Preamble
A. The Protection of Personal Information Act, 4 of 2013 (POPIA), as amended from time to time, has as its principal purpose regulating and controlling the processing of Personal Information by a Responsible Party.
B. To conduct its business and achieve its related objectives, the Customer collects and processes Personal Information about several individuals and legal entities who are referred to as Data Subjects under POPIA.
C. The Customer must comply with POPIA and with the Data Protection conditions that are outlined in it to process the Personal Information of Data Subjects.
D. To comply with this mandate and to pursue its business interests, the Customer may at times request third party Operators to process Personal Information that it has obtained from its Data Subjects, on its behalf.
E. The Customer shall obtain or have access to a written Agreement from the Operator before it discloses any Personal Information that it collects from Data Subjects to an Operator for further processing such Personal Information on its behalf in terms of POPIA.
F. The Customer wishes to supply the Operator with certain Personal Information pertaining to its Data Subjects, which it would like to be processed on its behalf by the Operator.
G. The Operator has agreed to process this Personal Information on behalf of the Customer, subject to the terms and conditions of this Agreement.
1. Definitions
1.1. Unless otherwise expressly stated, or the context otherwise requires, the words and expressions listed below shall, when used in this Agreement, including this introduction, bear the meanings ascribed to them:
1.1.1. “Agreement” means this data processing Agreement and any appendices and schedules attached hereto;
1.1.2. “Data Subject” refers to a person to whom the Personal Information relates;
1.1.3. “Main Agreement” means the agreement or series of agreements entered into between the Customer and the Operator, outside of this Agreement;
1.1.4. “Operator” means Skypiom (Pty) Ltd, a private company with registration number 2011/129576/07, with physical address at W17 Watershed, 17 Dock Road, V&A Waterfront, Cape Town, 8002 South Africa, email Address info@skypiom.com, and phone number +27 21 012 5600;
1.1.5. “Parties” means the Responsible Party and the Operator and “Party” means either one of them as the context may require/indicate;
1.1.6. “Personal Information” means personal information relating to any identifiable, living, natural person, and an identifiable, existing juristic person, including, but not limited to –
In the case of an individual:
1.1.6.1. name, contact details, date of birth, identity number, passport numbers, address, deeds, CIPC, fraud, and details about the individual’s employment and education; and
1.1.6.2. Special Personal Information including race, gender, national, ethnic or social origin, colour, physical or mental health, disability and biometric information, such as images.
In the case of a juristic person:
1.1.6.3. name, address, contact details, registration details, financials and related history, B-BBEE score card, registered address, description of operations, bank details, details about employees, business partners, customers, tax number, VAT number and other financial information; and
1.1.6.4. correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;
1.1.6.5. the views or opinions of another individual about the person; and
1.1.6.6. the name of the person if it appears with other Personal Information relating to the person or if the disclosure of the name itself would reveal information about the person.
1.1.7. “POPIA” means the Protection of Personal Information Act, Act 4 of 2013;
1.1.8. “Process or processing” means any operation or activity or any set of operations, whether or not by automatic means, performed by the Operator concerning a Data Subject’s Personal Information, including –
1.1.8.1. the collection, receipt, recording, organization, collation, storage, updating or modification, retrieval, alteration, consultation or use;
1.1.8.2. dissemination by means of transmission, distribution or making available in any other form; or
1.1.8.3. merging, linking, as well as restriction, degradation, erasure or destruction of information;
Notice to non-South African customers: “process” refers to the action of processing by a Responsible Party or by an Operator on its behalf.
As this Operator uses equipment (staff, equipment, etc.) in South Africa to process non-South African customers’ personal information, non-South African customers may need to further comply with their obligations in terms of POPIA, in addition to what is stated in this Agreement.
1.1.9. “Responsible Party” and “Customer” means the juristic person as outlined in the signed Service Level Agreement, including the respective registration number, physical address, email address and phone number;
1.1.10. “Services” means the services to be rendered and provided by the Operator to the Responsible Party, which include the provision and maintenance of Skypiom and its AI Features.
1.1.11. “AI Features” means Livia, the Operator’s AI assistant, and any other AI-powered feature of Skypiom;
1.1.12. “AI Terms” means the Operator’s AI Terms published at https://www.skypiom.com/legal, as updated from time to time in accordance with the Service Level Agreement;
1.1.13. “Sub-processor” means a third party appointed by the Operator that processes the Responsible Party’s Personal Information on the Operator’s behalf in the course of providing the Services; and
1.1.14. “Service Level Agreement” means the signed service level agreement entered into between the Operator and the Responsible Party for the provision of the Services, as amended from time to time.
2. Duration
2.1. This Agreement shall commence on the date on which the Operator first commenced providing the Services to the Responsible Party in terms of the Service Level Agreement.
3. Roles and Precedence
3.1. The Parties hereby acknowledge and agree that while the Operator provides the Services to the Customer and that in rendering the Services, the Customer remains the Responsible Party. The Operator will be acting as an operator on behalf of the Customer for the purposes of POPIA, and undertakes to comply with the terms of this Agreement when doing so.
3.2. The Parties acknowledge and agree that the terms of this Agreement, in so far as they relate to the protection and processing of Personal Information, shall take priority over any similar provisions contained in the Service Level Agreement between the Parties. In the event of a conflict between the terms of this Agreement and any similar provisions contained in the Service Level Agreement, the Parties agree that the terms of this Agreement shall prevail.
3.3. In the event of a conflict between this Agreement and the AI Terms on the processing of Personal Information, this Agreement prevails.
3.4. Despite clause 3.2, the Operator’s liability under or in connection with this Agreement is governed by clause 13.3.
4. Processing Personal Information Mandate
4.1. Subject to the terms of this Agreement, the Customer authorises the Operator, who hereby accepts such mandate, to process the Customer’s Personal Information solely for the purposes of providing the Services.
4.1.1. The Customer hereby grants to the Operator a mandate to process certain Personal Information, as defined under 1.1.6.
4.1.2. The Operator will not process the Responsible Party’s Personal Information for its own purposes, except that the Responsible Party authorises the Operator to keep and review Livia transcripts for the purposes of securing Skypiom, resolving disputes, and providing evidence if Livia is abused or an attempt is made to abuse her.
5. Obligations of the Operator
5.1. The Operator acknowledges and agrees that the Operator shall –
5.1.1. comply with applicable South African data protection laws in the processing of the Customer’s Personal Information;
5.1.2. only process the Customer’s Personal Information for the duration of this Agreement or the Main Agreement, to the extent, and in such a manner, as is necessary for provision of the Services and in accordance with this Agreement;
5.1.3. take all reasonable steps to ensure the reliability and confidentiality of any employee, agent or contractor of the Operator who may have access to the Customer’s Personal Information. Ensuring in each case, that access is strictly limited to those individuals who need to know and/or access the relevant Customer Personal Information, as strictly necessary for the purposes of rendering the Services;
5.1.4. ensure that any employee, agent or contractor of the Operator is subject to confidentiality undertakings or professional or statutory obligations of confidentiality;
5.1.5. to the extent necessary and/or required, the Operator shall provide reasonable assistance to the Customer with any data protection impact assessments;
5.1.6. transfer the Responsible Party’s Personal Information outside South Africa only to a recipient that is subject to a law, binding corporate rules or a binding agreement that provides substantially similar protection to POPIA, or on another ground permitted by section 72 of POPIA; and
5.1.7. to the extent reasonably possible, assist the Responsible Party to respond to requests from Data Subjects exercising their rights under POPIA. If the Operator receives such a request directly, it will refer it to the Responsible Party and will not respond to it, unless the law requires otherwise.
6. Obligations of the Responsible Party
6.1. The Responsible Party acknowledges and agrees that the Responsible Party shall –
6.1.1. provide the Operator with a Data Subject Consent Form to be displayed to its direct users on Skypiom upon first login;
6.1.1.1. in the event that the Responsible Party does not provide a Data Subject Consent Form to the Operator then the Responsible Party agrees for the Operator to use its Data Subject Consent Form.
6.1.2. the Responsible Party acknowledges and agrees that the onus to obtain permission to process its Data Subject’s Personal Information rests solely with the Responsible Party.
6.1.3. inform its users that an AI assistant processes the messages they send to it, and that AI Features process content supplied by the Responsible Party, in each case through a third-party AI provider that may be outside South Africa, and not instruct its users to submit special Personal Information to Livia.
7. Security
7.1. In relation to the Customer’s Personal Information, the Operator shall:
7.1.1. secure the integrity and confidentiality of Personal Information in its possession or under its control by taking appropriate, reasonable technical and organisational measures to prevent –
7.1.1.1. loss of, damage to or unauthorised destruction of Personal Information; and
7.1.1.2. unlawful access to or processing of Personal Information.
7.1.2. take reasonable measures to –
7.1.2.1. identify all reasonably foreseeable internal and external risks to personal information in its possession or under its control;
7.1.2.2. establish and maintain appropriate safeguards against the risks identified;
7.1.2.3. regularly verify that the safeguards are effectively implemented; and
7.1.2.4. ensure that the safeguards are continually updated in response to new risks or deficiencies in previously implemented safeguards.
7.1.3. have due regard to generally accepted information security practices and procedures which may apply to it generally or be required in terms of specific industry or professional rules and regulations.
7.1.4. The Operator shall take into consideration in particular the risks associated with a breach of Personal Information when assessing the appropriate level of security.
8. Sub Processing and AI Features
8.1. The Responsible Party grants the Operator general authorisation to appoint Sub-processors to process the Responsible Party’s Personal Information for the purposes of providing the Services.
8.2. The Operator will give the Responsible Party at least 30 (thirty) days’ notice of any new or replacement Sub-processor, by email to the Commercial Contact Person named in the Service Level Agreement. The Responsible Party may object, on reasonable data-protection grounds, by written notice within 14 (fourteen) days of that notice, and the Parties will then try in good faith to resolve the objection. If it is not resolved within 30 (thirty) days, the Operator may withdraw or replace any affected feature on the notice required by the Service Level Agreement.
8.3. The Operator will bind each Sub-processor to written obligations that are materially equivalent to those in this Agreement, and remains responsible to the Responsible Party for its Sub-processors’ performance, subject to clause 13.3.
8.4. The Operator uses a third-party AI provider as a Sub-processor to provide Livia and the other AI Features. For Livia, the Operator sends the Sub-processor only the text of the user’s message, and does not send the user’s name, email address, company, page address or ticket details. For AI content generation, the Operator sends the Sub-processor the material that the Responsible Party supplies for that purpose.
8.5. The Sub-processor may keep inputs and outputs for up to 30 (thirty) days to detect abuse, after which they are deleted unless the law requires otherwise.
8.6. A Sub-processor’s own service providers are not Sub-processors for the purposes of this clause 8, and the Operator is not required to give notice of them.
9. Data Breaches
9.1. The Operator shall notify the Customer immediately upon the Operator becoming aware of a Personal Information data breach affecting the Customer’s Personal Information and shall provide the Customer with sufficient information to allow the Customer to meet any obligations to report and / or inform Data Subjects and regulatory authorities of the Personal Information data breach.
9.2. The Operator shall co-operate with the Customer and take reasonable steps as are directed by the Customer to assist in the investigation, mitigation and remediation of each such Personal Information data breach.
9.3. The Operator will notify the Responsible Party immediately upon becoming aware of a Personal Information data breach at a Sub-processor that affects the Responsible Party’s Personal Information, and clause 9.2 applies to it.
10. Deletion or Return of Personal Information
10.1. Subject to clause 10.2 and the other provisions of this Agreement, the Operator shall promptly but in any event no later than 90 (ninety) days after the date on which the Service Level Agreement, and in turn this Agreement, terminates (“Termination Date”), or upon written demand from the Responsible Party, return and/or delete and/or de-identify any Personal Information provided to the Operator for processing whether processed or not, together with any information relating thereto.
10.2. Livia transcripts, including backups, are deleted 365 (three hundred and sixty-five) days after they are created, whether or not this Agreement has terminated in the meantime. Personal Information held by a Sub-processor is deleted in accordance with clause 8.5.
11. Confidentiality
11.1. Subject to the provisions of this clause, each Party undertakes to keep confidential and not to disclose to any third Party, save as may be required in law or permitted in terms of this Agreement, the nature, content or existence of this Agreement and any and all information given by one Party to the other pursuant to this Agreement.
11.2. A Party will not make any disclosure regarding this Agreement without the prior written consent of the other Party, except in cases of disclosures or other statements required by law, in which case the Party subject to such disclosure is required to consult with the other Party in order to reach an agreement about the disclosure, which (unless agreed) must not exceed that required by law.
11.3. This clause shall not apply to any disclosure made by a Party to its professional advisors or consultants, provided that they have agreed to the same confidentiality undertakings, or to any judicial or arbitral tribunal or officer, in connection with any matter relating to this Agreement or arising out of it.
11.4. This clause 11 does not apply to the terms of this Agreement as published by the Operator on its website, or to the fact that the Parties have entered into it. The Responsible Party may disclose this Agreement to its users, Data Subjects, auditors and regulators where needed to demonstrate its compliance with POPIA.
12. Severability
12.1. If any one or more of the provisions of this Agreement shall be declared or adjudged (formally or informally) by competent authority to be illegal, invalid or unenforceable under any law applicable in any jurisdiction in which this Agreement is to be performed (“Severable Provision”), the Severable Provision shall be severable and divisible from the other terms and conditions of this Agreement, and if the Severable Provision is invalid or unenforceable, the Parties shall retain the right to enforce all the other terms of this Agreement and shall retain all such rights as are validly and enforceably conferred upon them by this Agreement.
12.2. The Parties record that they would have entered into this Agreement on all the other terms hereof even if the Severable Provision were not agreed upon and therefore record that the remainder of the provisions of this Agreement are intended to remain valid and enforceable even if the Severable Provision is invalid or unenforceable.
13. Limited Remedy in the Event of Breach of this Agreement
13.1. In the event of any Party committing a breach of any of the terms of this Agreement (“Defaulting Party”) and failing to remedy such breach within a period of 10 (ten) days after receipt of a written notice from the other Party (“Aggrieved Party”) calling upon the Defaulting Party so to remedy, then the Aggrieved Party shall be entitled to claim specific performance of the terms of this Agreement and without further notice, claim and recover damages from the Defaulting Party, but shall not be entitled to cancel this Data Processing Agreement.
13.2. It is recorded for the avoidance of any doubt that any claim for damages is independent of and separate to any claim for specific performance.
13.3. The Operator’s liability under or in connection with this Agreement, including for the acts and omissions of its Sub-processors, is subject to the limitations and exclusions of liability in the Service Level Agreement.
14. Survival of Obligations
14.1. Any provision of this Agreement which contemplates performance or observance subsequent to any termination or expiration of this Agreement shall survive any termination or expiration of this Agreement and continue in full force and effect.
15. Notices and Legal Processes
15.1. Each Party chooses as its address the address set out in the Service Level Agreement for all purposes under this Agreement (“chosen address”), whether for serving any court process or documents, giving any notice, or making any other communications of whatsoever nature and for any other purpose arising from this Agreement (“notice”).
15.2. Any notice required or permitted under this Agreement shall be valid and effective only if in writing.
15.3. Any Party may by notice to the other Party change its chosen address to another physical address in the Republic of South Africa and such change shall take effect on the seventh day after the date of receipt by the Party who last receives the notice.
15.4. Any notice to a Party contained in a correctly addressed envelope and delivered by hand to a responsible person during ordinary business hours at its chosen address, shall be deemed to have been received on the date of delivery.
15.5. Notwithstanding anything to the contrary herein, a written notice actually received by a Party, including a notice sent by email, shall be an adequate notice to it notwithstanding that it was not sent or delivered to its chosen address.
16. Interpretation
16.1. Clause and paragraph headings are for purposes of reference only and shall not be used in interpretation.
16.2. Unless the context clearly indicates a contrary intention, any word connoting:
16.2.1. any gender includes the other two genders;
16.2.2. the singular includes the plural and vice versa;
16.2.3. natural persons include artificial persons and vice versa; and
16.2.4. insolvency includes provisional or final sequestration, liquidation or judicial management.
16.3. A reference to a Business Day is a reference to any day excluding Saturday, Sunday and a public holiday in the Republic of South Africa.
16.4. When any number of days is prescribed such number shall exclude the first and include the last day unless the last day falls on a Saturday, Sunday, or a public holiday in the Republic of South Africa, in which case the last day shall be the next succeeding Business Day.
16.5. A reference to an enactment is a reference to that enactment as at the date of signature hereof and as amended or re-enacted from time to time.
16.6. The rule of interpretation that a written agreement shall be interpreted against the Party responsible for the drafting or preparation of that agreement shall not apply.
16.7. If any provision in a definition is a substantive provision conferring rights or imposing obligations on any Party, notwithstanding that it is only in the definition clause, effect shall be given to it as if it were a substantive provision in the body of the Agreement.
16.8. The ejusdem generis rule shall not apply and accordingly, whenever a provision is followed by the word “including” and specific examples, such examples shall not be construed so as to limit the ambit of the provision concerned.
16.9. Where any term is defined within the context of any particular clause in this Agreement, then, unless it is clear from the clause in question that the term so defined has limited application to the relevant clause, the term so defined shall bear the meaning ascribed to it for all purposes in terms of this Agreement, notwithstanding that that term has not been defined in the definition clause.
17. Governing Law
17.1. The law governing this Agreement, including without limitation its interpretation and all disputes arising out of this Agreement, is the law of South Africa. The Parties submit to the exclusive jurisdiction of the courts of Cape Town, Western Cape, in respect of any matter arising from or in connection with this Agreement, including its termination, regardless of where the Personal Information is, will be, or was actually processed.
18. General & Miscellaneous
18.1. The Sole record of agreement: this Agreement constitutes the sole record of the agreement between the Parties with regard to the subject matter hereof. No Party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein.
18.2. No amendments except in writing: no addition to, variation of, or agreed cancellation of, this Agreement, shall be of any force or effect unless in writing and signed by or on behalf of the Parties.
18.3. Waivers: no relaxation or indulgence which any Party may grant to any other shall constitute a waiver or an estoppel of the rights of that Party and shall not preclude that Party from exercising any rights which may have arisen in the past or which might arise in future.
18.4. Approvals and consents: an approval or consent given by a Party under this Agreement shall only be valid if in writing and shall not relieve the other Party from responsibility for complying with the requirements of this Agreement nor shall it be construed as a waiver of any rights under this Agreement except as and to the extent otherwise expressly provided in such approval or consent, or elsewhere in this Agreement.
18.5. Counterparts: this Agreement may be executed in any number of counterparts and by different parties in separate counterparts. Each counterpart when so executed shall be deemed to be an original and all of which together shall constitute one and the same agreement.
18.6. Legal Costs: except as otherwise specifically provided herein, each Party will bear and pay its own legal costs and expenses of and incidental to the negotiation, drafting, preparation and implementation of this Agreement.
18.7. Legal Advice: each Party hereby acknowledges and agrees that it has been free to secure independent legal and other professional advice as to the nature and effect of this Agreement and it has either taken such independent advice or has dispensed with the necessity of doing so. Further that all of the provisions of this Agreement and the restrictions contained herein are fair and reasonable in all the circumstances and are in accordance with the Party’s intentions.
18.8. Assignment: No Party may cede, delegate or assign its rights or obligations in terms of the provisions of this Agreement to any third party without the prior written consent of the other Parties first being obtained. Subject to the limitation on the transferability of this Agreement contained herein, this Agreement will be binding upon and inure to the benefit of the heirs, legatees, legal representatives, successors and assigns of the Parties hereto.
PAIA & PoPIA Manual
Privacy Policy
Read this policy carefully before browsing this website or using any of Skypiom’s services. Your continued use of this website and our services indicates that you have both read and agree to the terms of this privacy policy. You cannot use this website or our services if you do not accept this policy. All sections of this policy are applicable to you unless the section expressly states otherwise.
1. General
1.1. For the purposes of this section, Personal Information will be understood in accordance with the definition provided in the Protection of Personal Information Act 4 of 2013 (“the Act”). We also subscribe to the principles for electronically collecting Personal Information outlined in the Act, and the further legislation referred to therein. We endeavour to ensure the quality, accuracy and confidentiality of Personal Information in our possession.
1.2. In adopting this Privacy Policy, we wish to balance our legitimate business interests and your reasonable expectation of privacy. Accordingly, we will take all reasonable steps to prevent unauthorised access to, or disclosure of your Personal Information. However, it is impossible to guarantee that your Personal Information shall be 100% secure.
1.3. In utilising our website, using our services or otherwise if your information is submitted to us through a lead generation service, you may be asked to provide information, including (“Personal Information”) –
1.3.1. First Name
1.3.2. Surname
1.3.3. Email
1.3.4. Phone Number
1.3.5. Company Name
Your Personal Information may change. Please notify us within seven days of the change and provide us with the updated information so that we can update your Personal Information.
1.4. Your Personal Information may change. Please notify us within seven days of the change and provide us with the updated information so that we can update your Personal Information.
1.5. We will attempt to limit the types of Personal Information we process to only that to which you consent (for example, in the context of online registration, newsletters, message boards, surveys, polls, professional announcements, SMS, lead generation, MMS and other mobile services). Where necessary, we will seek to obtain your specific consent in future instances should we deem same required by law and where your consent herein might not be sufficient.
1.6. We will not collect, use or disclose sensitive information (such as information about racial or ethnic origins or political or religious beliefs, where relevant) except with your specific consent or in the circumstances permitted by law.
1.7. By agreeing to the terms contained in this Privacy Policy, you acknowledge that we use your Personal Information in relation to:
1.7.1. Registration for our service, processing a user request, contacting you if more information is required, verifying the accuracy of our records or contacting you regarding customer satisfaction surveys;
1.7.2. Responding to any queries or requests you may have;
1.7.3. We may contact existing customers about our own similar products and services (and they may opt out at any time). We send other direct marketing by electronic communication only with the recipient’s separate consent;
1.7.4. In order to improve our services and service selections and user experience on our website, for example by monitoring browsing habits;
1.7.5. Providing, securing and supporting our services, including our AI assistant, and keeping records for security, dispute resolution and as evidence in the event of abuse; and
1.7.6. Collecting certain technical information, including the operating system and browser version, cookies and links, as set out in more detail in clauses 4, 5 and 6.
1.8. Although absolute security cannot be guaranteed on the internet, we have in place up-to-date, reasonable technical and organisational security measures to protect your Personal Information against accidental or intentional manipulation, loss, misuse, destruction or against unauthorised disclosure or access to the information we process online.
1.9. While we cannot ensure or warrant the security of any Personal Information you provide us, we will continue to maintain and improve these security measures over time in line with legal and technological developments.
1.10. We store your Personal Information directly, or alternatively, store your Personal Information on, and transfer your Personal Information to, a central database. If that database or any of our service providers is located in a country that does not have substantially similar laws which provide for the protection of Personal Information, we will take reasonable steps to ensure that your Personal Information is protected in that jurisdiction, as POPIA requires.
1.11. By using our website, you consent to the possible transfer of information to a country outside of your country of residence, which may have data protection rules that differ from that applicable to your country.
1.12. Your information will not be stored for longer than is necessary for the purposes described in this Privacy Policy or as required by applicable legislation.
1.13. The Personal Information we collect from you shall only be accessed by our employees, representatives and consultants on a need-to-know basis, and subject to reasonable confidentiality obligations binding such persons.
1.14. We may disclose personally identifying information to law enforcement, government officials, fraud detection agencies, or other third parties where we in good faith believe that the sharing of Personal Information is necessary for the prevention of physical harm or financial loss, the reporting of suspected illegal activity, or to investigate violations of the Privacy Statement;
1.15. Your Personal Information may be used or disclosed if we are required to do so by law, subpoena, court order or legal process, or to protect and defend our rights and property.
1.16. We shall have the right, but shall not be obliged, to monitor or examine any information and materials including any website link that you publish or submit to us for publishing on the website. You shall be solely responsible for the contents of all material published by yourself.
1.17. We constantly review our systems and data to ensure the best possible service to you. We do not accept any users, or representatives of users, under 18 years of age or who otherwise do not have the relevant capacity to be bound by this Privacy Policy.
1.18. We do not sell or rent your Personal Information to any third party or use your e-mail address for unsolicited mail. We use service providers, such as hosting, communication, analytics and AI providers, to operate our website and services, and we disclose Personal Information to authorities only where the law requires. Any emails sent by us will only be in connection with the provision of our services and/or the marketing thereof and you will have the right to opt out at any time.
2. Your Rights
2.1. You have the right to –
2.1.1. access your Personal Information stored and processed by us. This may be done by emailing our Information Officer at info@skypiom.com;
2.1.2. rectification of Personal Information that we hold on your behalf, in instances where such Personal Information is incorrect or incomplete;
2.1.3. erasure of Personal Information if such information is no longer needed for the original processing purpose, alternatively you withdraw consent and there is no other reason or justification to retain such Personal Information, further alternatively, if you have objected to such Personal Information being processed and there is no justified reason for the processing of such Personal Information;
2.1.4. restrict/suspend processing of Personal Information to only that which is strictly necessary for us to perform our services to you;
2.1.5. to lodge a complaint with the Information Regulator (https://inforegulator.org.za, enquiries@inforegulator.org.za, +27 (0)10 023 5200) or the data protection authority in your territory, if we breach any of the terms of this Privacy Policy;
2.1.6. withdraw your consent at any time, if processing of Personal Information is based on consent;
2.1.7. object to processing of Personal Information, if such processing is based on legitimate interests; and
2.1.8. object to the processing of Personal Information for direct marketing purposes.
2.2. In the event that we become aware of unauthorised use, disclosure, or processing of the User’s Personal Information, we will notify you as per our legal obligations.
2.2. Requests, objections and complaints under this clause are free of charge and may be made by email to info@skypiom.com or by any other means by which you reasonably communicate with us. The forms for access, objection and correction requests are published by the Information Regulator.
3. Disclosure of Personal Information
3.1. We do not disclose your Personal Information except as set out in this Policy.
3.2. We use service providers that process Personal Information on our behalf (including providers of hosting, communications, analytics and AI functionality) and, where we act as a customer’s operator, sub-processors in accordance with our agreement with that customer.
4. Log Files, Website-Related Technical Information and Information Processing
4.1. We have integrated various tools from different companies into our website, which allow us to evaluate your behaviour or to establish links with other websites. When you visit the website we may collect information, such as your IP address, the name of your ISP (Internet Service Provider), your browser, the website from which you visit us, the pages on our website that you visit and in what sequence, the date and length of your visit, and other information concerning your computer’s operating system, language settings, and broad demographic information. This information is aggregated and anonymous data and does not identify you specifically. However, you acknowledge that this data may be able to be used to identify you if it is aggregated with other Personal Information that you supply to us. This information is shared with the analytics and security providers described in this policy and is otherwise used within the company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above, without your explicit permission.
4.1.1. Google Analytics is a web analytics service. Web analysis is the gathering, collection and analysis of data about the behaviour of visitors to websites. Among other things, a web analysis service collects data on which website a data subject has come to a website from (so-called referrers), which subpages of the website were accessed or how often and for which period of time a subpage was viewed. A web analysis is mainly used to optimise a website and for the cost-benefit analysis of Internet advertising.
4.1.1.1. The operator of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.
4.1.1.2. Google Analytics uses cookies. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. Google might transfer the Personal Information collected via this technical procedure to third parties. As IP anonymisation is activated on our website, your IP address will be shortened by Google within Member States of the European Union or other states in agreement with the European Economic Area. Only in exceptional cases, the full IP address is sent to and shortened by a Google server in the USA. On behalf of the operator of the website, Google will use this information to evaluate your use of the website, compile reports on website activity and to provide further services related to website and internet use to us. The IP address transferred through your browser to Google Analytics will not be combined with other data held by Google. In addition, this website uses the Analytics feature UserID to track interaction data. This User ID will be additionally anonymised and encrypted and will not be linked with other data. You can prevent the storage of cookies by a corresponding setting of your browser software; however, please note that if you do this, you may not be able to use all the features of this website to the fullest extent possible. In addition, you may prevent the collection of the data generated by the cookie and related to your use of the website (including your IP address) by Google as well as the processing of this data by Google by downloading and installing the browser plug-in available under the following link: https://tools.google.com/dlpage/gaoptout?hl=en. This browser add-on informs Google Analytics via JavaScript that no data and information about website visits may be transmitted to Google Analytics. In addition, a cookie already set by Google Analytics can be deleted at any time via the Internet browser or other software programs. Further information and Google‘s applicable privacy regulations can be found at https://policies.google.com/privacy?hl=en and https://marketingplatform.google.com/about/
4.1.1.3. The following link provides a further explanation of Google Analytics https://marketingplatform.google.com/about/. Our website also uses Google Analytics performance reports relating to demographics and interests and reports on Google Display Network impressions. You can disable Google Analytics for display advertising and customise the ads on the Google Display Network by visiting the ad settings at this link: https://www.google.com/ads/preferences?continue=aHR0cHM6Ly9hZHNzZXR0aW5ncy5nb29nbGUuY29tL2Fub255bW91cw%3D%3D.
4.1.2. We use Google AdWords service to advertise on the Google search result page. Google uses cookies to serve ads based on your past visits on our website. For more information on Google AdWords services and how to opt-out, please refer to Google specific privacy policy please visit this link: https://policies.google.com/privacy and settings for Google ads please visit this link: https://adssettings.google.com/authenticated.
4.1.3. Please note that using this website requires the use of the above integrations and technology and that your use of this website is taken as consent to the processing of your Personal Information in this regard.
4.1.4. We use Apollo.io as a third-party service provider to collect and analyse information about visits to our Website for business-development and marketing purposes. This may include technical information, browsing activity and information relating to the organisation associated with a visit. Apollo processes such information in accordance with applicable data-protection laws and its Privacy Policy.
5. Cookies
5.1. As previously outlined we use cookies. A cookie is a small piece of information stored on your computer or smart phone by the web browser. The two types of cookies used on the website are described below:
5.1.1. “Session cookies”: These are used to maintain a so-called ‘session state’ and only lasts for the duration of your use of the website. A session cookie expires when you close your browser, or if you have not visited the server for a certain period of time. Session cookies are required for the website to function optimally, but are not used in any way to identify you personally.
5.1.2. “Permanent cookies”: These cookies permanently store a unique code on your computer or smart device hard drive in order to identify you as an individual user. No Personal Information is stored in permanent cookies. You can view permanent cookies by looking in the cookies directory of your browser installation. These permanent cookies are not required for the website to work, but may enhance your browsing experience.
5.1.3. Please note that using the website requires the use of the above cookies and technology and that your use of our website is taken as consent to the processing of your Personal Information in this regard.
6. Turnstile Privacy Addendum
6.1. Introduction
6.1.1. Turnstile, developed by Cloudflare, Inc. (Cloudflare), is a pro-privacy website security tool that processes minimal Signals (as defined below) solely to protect web properties against malicious activity by distinguishing human users from bots and blocking bot traffic.
6.1.2. Cloudflare does not control whether a website chooses to use Turnstile; instead, Cloudflare make Turnstile available to any website that is looking for a way to detect and block bot traffic.
6.2. Scope of this Addendum
6.2.1. This Turnstile Addendum is supplemental to Cloudflare’s main Privacy Policy. It provides additional information specific to your use and interaction with Turnstile. This Addendum also applies to the personal data processed using Cloudflare’s Challenge Platform, and any reference to “Turnstile” in this addendum applies equally to the Challenge Platform.
6.2.2. The Cloudflare Privacy Policy continues to apply to your use and interaction with Turnstile, except where this Turnstile Addendum provides more specific information. In those cases, the more specific information will apply instead.
6.3. Information Turnstile Collects
6.3.1.Cloudflare Turnstile processes a variety of client-side signals (“Signals”) such as client IP address, TLS Fingerprint, User-Agent Header and Sitekey and associated origin. Cloudflare does not have the ability to directly identify any individuals from any of the Signals Turnstile collects, including IP addresses.
6.4. How Turnstile Uses Information It Collects
6.4.1. Bot detection and blocking
6.4.1.1. Turnstile is a tool to protect web properties by distinguishing human users from bots and blocking any detected bot traffic that could otherwise harm the safety and security of that property. It does so by evaluating the Signals listed above specific to both the website visitor and the website visited. The purpose of collecting these Signals is not to identify, profile or target any individuals but solely to detect and block bots. The Signals collected by Turnstile are strictly necessary for this purpose (i.e. detecting and blocking bots to enable visitors to enjoy a safe and secure experience when visiting websites that have implemented Turnstile).
6.4.1.2. Cloudflare is a data processor of Signals that it processes to provide the Turnstile service to its customers, that is, securing its customers’ websites. This means that Cloudflare processes Signals for this purpose on behalf of, and pursuant to instructions issued by, its website operator customers (who are the data controllers of any data processed for this purpose). If you have questions, or wish to exercise any data protection rights, regarding Cloudflare’s processing of Turnstile data to provide its service, please contact the relevant website operator.
6.4.2. Improving Turnstile’s bot detection capabilities
6.4.2.1. Cloudflare also processes the Signals described in this Privacy Notice to improve Turnstile. This is necessary to refine and improve its bot detection algorithms in order to respond to evolving bot threats, and to maintain the security of the web properties that website visitors choose to visit.
6.4.2.2. Cloudflare is a data controller of Signals that we process to improve Turnstile’s bot detection capabilities. This Turnstile Privacy Notice (in conjunction with Cloudflare’s main Privacy Policy) governs its processing of Signals for this purpose.
6.5. Notice to EU and UK Residents
6.5.1. To the extent that the data described in the Turnstile Privacy Notice qualifies as personal data, then:
6.5.1.1. When processing this personal data as a processor to protect its customers’ websites, its customers, as controllers, determine the lawful basis of this processing, and Cloudflare processes this data under their instruction and on their behalf; and
6.5.1.2. When processing this personal data as a controller, Cloudflare relies on its legitimate interests in improving the effectiveness of Turnstile’s bot detection capabilities to process this Turnstile data.
6.6. Cookies
6.6.1. The Signals collected by Turnstile are strictly necessary for the purpose of detecting and blocking bots to enable visitors to enjoy a safe and secure experience when visiting websites that have implemented Turnstile.
6.6.2. For more information about the cookies used by Cloudflare, please check Cloudflare’s Cookie Policy and Cloudflare’s Turnstile Developer Docs.
6.7. Contact for Privacy Concerns
6.7.1. If you have questions or concerns about this Turnstile Privacy Notice or your personal data processed through Turnstile, please contact Cloudflare’s Data Protection Officer at dpo@cloudflare.com.
7. Links from the website
7.1. The services available through the website, may contain links to other third party websites, including (without limitation) social media platforms, payment gateways, appointment scheduling and/or live chat platforms (“Third Party Websites”). If you select a link to any Third Party Website, you may be subject to such Third Party Website’s terms and conditions and/or other policies, which are not under our control, nor are we responsible therefore.
7.2. Hyperlinks to Third Party Websites are provided “as is”, and we do not necessarily agree with, edit or sponsor the content on Third Party Websites.
7.3. We do not monitor or review the content of any Third Party Website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of other websites, either.
7.4. You should evaluate the security and trustworthiness of any Third Party Website before disclosing any Personal Information to them.
7.5. We do not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of your Personal Information, as we cannot regulate or control how the third party uses your Personal Information.
8. Application Of The Electronic Communications And Transactions Act 25 Of 2002 (“Ect Act”)
8.1. Data Messages (as defined in the ECT Act) will be deemed to have been received by us if and when we respond to the Data Messages.
8.2. Data Messages sent by us to you will be deemed to have been received by yourself in terms of the provisions specified in section 23(b) of the ECT Act.
8.3. You acknowledge that electronic signatures, encryption and/or authentication are not required for valid electronic communications between us and yourself.
8.4. Information to be provided in terms of section 43(1) of the ECT Act:
8.5. You warrant that Data Messages sent to us from any electronic device, used by yourself, from time to time or owned by yourself, were sent and or authorised by yourself, personally.
8.6. This website is owned and operated by Skypiom (Pty) Ltd.
8.7. Address for service of legal documents: W17, Watershed, 17 Dock Road, V&A Waterfront, Cape Town 8002, South Africa.
8.8. Contact Number: +27 21 012 5600.
8.9. Website URL: https://www.skypiom.com
8.10. Email address: info@skypiom.com
9. Lodging of Complaints
9.1. We only process your Personal Information in compliance with this Privacy Policy and in accordance with the relevant data protection laws. If, however you wish to raise a complaint regarding the processing of your Personal Information or are unsatisfied with how we have handled your Personal Information, you have the right to lodge a complaint with the Information Regulator, whose details appear in clause 2.1.5, or with the supervisory authority in your country.
10. Changes to the Policy
10.1. The privacy policy may be modified by us at our sole discretion at any time. You are responsible for checking the Privacy Policy regularly and making sure that you are satisfied with the changes. If you are not satisfied you must refrain from using the website.
10.2. Changes to this Privacy Policy will only take effect after they are displayed on the website. By continuing to use the website following such amendments, you are deemed to agree with the changes.
11. AI Assistant and AI Features
11.1. Our AI assistant, Livia, and our other AI-powered features (“AI Features”) use a third-party AI provider. We send the provider the text of the messages you type to Livia, and for AI Features the content a customer supplies. For Livia we do not send your name, email address, company, page address or ticket details.
11.2. Please do not enter personal information in messages to Livia. Anything you type is processed as described here.
11.3. The AI provider may process this information outside South Africa. It may keep it for up to 30 days to detect abuse, and then deletes it unless the law requires otherwise. We have not enabled use of your messages to train the provider’s models.
11.4. We keep a transcript of your conversations with Livia, including in backups, for 365 days to protect the security of our services, resolve disputes, and provide evidence if Livia is abused or an attempt is made to abuse her. We then delete the transcript and its backups.
11.5. Where your organisation is our customer, we process your information on its behalf as its operator, and your organisation’s privacy notice also applies. Requests relating to that information should be made to your organisation.
Terms of Use
1. Introduction
1.1. These terms and conditions will apply in respect to your use of the website https://www.skypiom.com (the “Website”).
1.2. The current version of these terms will govern both the Company’s and your rights and obligations each time you access the Website.
1.3. By using this Website, you agree to accept the terms contained herein.
1.4. You cannot use this Website if you do not accept these terms. All sections of these terms are applicable to you unless the section expressly states otherwise.
1.5. By accessing the Website, you warrant that your use of the Website is for lawful purposes, you are over 18 years of age, and you can legally conclude an agreement with the Company.
1.6. Should you not agree to the terms contained herein, you must immediately desist from using this Website.
2. Intellectual Property Rights
2.1. For purposes of these terms, Intellectual Property Rights means all intellectual property rights including, patents, designs, copyright, trademarks, trade secrets and know-how, applications and registrations, renewals, and extensions.
2.2. The Company and/or the Company’s licensors own all the Intellectual Property Rights and materials as are contained on this Website.
2.3. You are granted a limited license only for purposes of utilising this Website and you agree that you will not –
2.3.1. Modify, port, translate, localise, or create derivative works of the Company’s content.
2.3.2. Decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques or algorithms contained or incorporated in any Company content.
2.3.3. Disclose any of the Company content.
2.3.4. Sell, lease, license, sublicense, copy, market, reproduce, transmit or distribute the Company’s content.
2.3.5. Knowingly take any action that would cause any of the Company content to be placed in the public domain.
3. Restrictions and Personal Information
3.1. We do not sell or rent your Personal Information. We use service providers to help us operate our Website and services, as described in our Privacy Policy.
3.2. By using the Website and providing your Personal Information as defined in the Protection of Personal Information Act 4 of 2013 (POPIA), you acknowledge that your Personal Information will be processed as described in our Privacy Policy.
3.3. By submitting your Personal Information, you agree that a member of the Skypiom team may contact you about your enquiry and for support. We send direct marketing by electronic communication only to existing customers about our own similar products and services (and you may opt out at any time), or to others with their separate consent.
4. Links to other Websites
4.1. External links may be provided for your convenience; however, the Company makes no representations whatsoever about any third-party website or its content.
4.2. Use of any external links provided is entirely at your own risk. It is your responsibility to ensure that you obtain all relevant information and that you read the privacy and security policy displayed on any third-party Website.
4.3. The Company has no control over such third-party websites and will not be liable for any loss or damage that you may suffer, because of your use of third-party websites.
5. No Warranties
5.1. This Website is provided “as is” with all faults, and the Company expresses no representations or warranties, of any kind related to this Website or the materials contained on this Website.
5.2. The Company cannot guarantee or warrant that any file downloaded from this Website or delivered to you will be free of infection or virus, worms, trojan horses or other code that has contaminating or destructive qualities. You are responsible for implementing appropriate processes, systems and procedures to circumvent this type of issue.
6. Limitation of Legal Liability and Indemnification
6.1. To the maximum extent permitted by law, in no event shall the Company, or any of its officers, directors and employees, be held liable for anything arising out of or in any way connected with your use of this Website whether or not such liability is under contract, delict or otherwise.
6.2. You indemnify the Company, or any of its officers, directors and employees (“Indemnified Parties”) and agree to keep the Indemnified Parties indemnified, from and against any claim, loss, damage, cost or expense that they or any third-party may suffer or incur as a result of or in connection with your improper use of or conduct in connection with this Website, including any breach by yourself of these terms or any applicable law or licensing requirements.
6.3. In addition to the warranties and indemnities set out above, you hereby agree to hold harmless the Indemnified Parties from any claims, damages, obligations, losses, liabilities, costs or debt, and expenses arising from –
6.3.1. Your violation of any provision of these terms;
6.3.2. Your violation of any third party right including any Intellectual Property Right, or other property or privacy right.
6.3.3. Any claim that your content has caused damage to a third-party.
6.4. To the extent that the Company’s liability cannot be excluded by law, the Company’s maximum liability, whether in contract, equity, statute or tort (including negligence), to you will be limited to the minimum amount imposed by such law.
6.5. Notwithstanding anything to the contrary in these Terms, in no circumstances will the Company be liable for any indirect, punitive or consequential loss or damages, loss of income, profits, goodwill, data, contracts, use of money or any loss or damages arising from or in any way connected to interruption of this Website of any type, whether in delict, contract or otherwise.
7. Severability
7.1. If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
8. Variation of Terms
8.1. To the extent permitted by law, the Company is permitted to revise these Terms at any time as it sees fit, without prior notice to yourself, and any revisions to the Terms will take effect when posted on this Website, unless a later date is stated in the revised Terms.
8.2. Your continued use of this Website will be construed as your consent to the amended or updated Terms, and will be conditional upon the Terms in force at the time of use.
8.3. Your only remedy, should you not agree to these amended Terms, is to stop the use of this Website.
9. Legal Assignment
9.1. The Company is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However you are not allowed to assign, transfer, or subcontract any of its rights and/or obligations under these Terms.
10. Entire Agreement
10.1. These Terms constitute the entire agreement between the Company and yourself in relation to your use of this Website (unless a more specific agreement has been entered into in this regard).
11. Governing Law & Jurisdiction
11.1. These Terms will be governed by and interpreted in accordance with the laws of the Republic of South Africa.
11.2. The parties submit to the jurisdiction of the courts of Cape Town, Western Cape, without limiting any right a user may have under applicable law to approach another court or body with jurisdiction.
12. Domicilium Citandi Et Executandi and Contact Information
12.1. A User and the Company choose as their respective domicilium citandi et executandi for the purpose of legal proceedings and for the purpose of giving or sending any notice provided for or necessary of these Terms, the following –
12.1.1. The Company: W17, Watershed, 17 Dock Road, V&A Waterfront, Cape Town 8002, South Africa. info@skypiom.com.
12.1.2. User: The address as provided when registering on this Website, or if no registration is applicable on the Website, as nominated by the User.
12.2. Both a User and the Company may change its domicilium to any other physical address or email address by written notice to the other to that effect. Such change of address will be effective 7 (seven) days after receipt of notice of change of domicilium.
12.3. All notices to be given in terms of these Terms will –
12.3.1. be given in writing;
12.3.2. be delivered or sent by email; and
12.3.3. be presumed to have been received on the date of delivery.
12.4. Notwithstanding the above, any notice actually received by the other will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with the provisions of this clause.
12.5. Where a User has provided a physical address, legal process that begins proceedings against that User must be served at that address. E-mail is not sufficient for that purpose.