Legal
Privacy Policy
This policy explains what personal information FM Digital Solutions collects, why we collect it, who sees it, how long we keep it, and how you can control it. We follow the Protection of Personal Information Act 4 of 2013 (POPIA). We have written it in plain language on purpose.
1. Who is responsible
FM Digital Solutions, a digital studio based in Cape Town, South Africa, is the responsible party for personal information collected through fmdigitalsolutions.co.za and through our own communication with you.
- Business details. FM Digital Solutions (sole proprietor), Cape Town, South Africa
- Information Officer. Gameed Omar, Founder (registered Information Officer)
- Contact. admin@fmdigitalsolutions.co.za
2. What this policy covers
This policy covers this website, enquiries you send us, and the information we hold about you when you are a client or a prospective client of FM Digital Solutions.
It does not cover our separate products. Find My Nursery (findmynursery.net) and Find My Creator (fmc.fmdigitalsolutions.co.za) are operated under their own privacy policies and terms. When we build or manage a website for a client, the client decides what happens to the information that website collects. Section 13 explains this.
3. What we collect
Information you give us
- Enquiry forms. Your name and email address (required), your WhatsApp number (optional), your message, and your answers to the questions for the service you picked. Those answers can include a project description, a current website address, a timeline, a budget range, a school name and your role.
- Email and WhatsApp. Anything you send us directly, including attachments.
- Project information. If we work together: your contact and business details, content and images you supply, and access details you share so we can do the work, such as logins to a hosting or website account.
- Payment records. Invoices and proof of payment. We do not collect or store card numbers on this website.
Information collected automatically
- With each enquiry: the page you sent it from, the button you used, the time, and a one-way hashed version of your IP address. We use the hash to limit spam and repeated submissions. We cannot turn it back into your IP address.
- Server logs. Our hosting provider records standard technical data such as IP address, browser type and the pages requested. This is used to run and secure the site.
We do not knowingly collect special personal information (such as health, religion, race or criminal records) and we ask you not to send it to us.
4. Why we use it
POPIA requires us to have a lawful reason for each use of your information. These are ours:
- To reply to your enquiry and prepare a proposal. You ask us to do this when you submit the form, and you agree to it by ticking the consent box on the form.
- To carry out a project and manage our relationship with you. This is needed to perform our agreement with you.
- To invoice you, keep financial records and meet tax and other legal duties. The law requires this.
- To keep this website secure and prevent spam and abuse. This is a legitimate interest of ours that does not override your privacy.
- To improve our work and our site. We only use information we already hold, and never in a way that identifies you publicly.
We do not sell your personal information. We only use it for the purposes above, or for a purpose closely related to them.
5. What is required and what is optional
Giving us your name and email address is voluntary, but we cannot reply to you without them. Your WhatsApp number, budget range and other answers are optional. If you leave them out, we may need to ask you for the detail later. No law requires you to give us this information.
6. Cookies and tracking
This website uses only the cookies and storage it needs to work, such as keeping you logged in if you are a site administrator. We do not run advertising cookies, we do not use analytics or tracking scripts, and our fonts are served from our own server rather than a third party.
Some pages link to other sites, including social media and our other products. Those sites have their own cookies and policies. If we ever add analytics or similar tools, we will update this policy and ask for your consent first where the law requires it.
7. Marketing
We do not send unsolicited marketing messages. We use your email address and WhatsApp number to deal with your enquiry or project. If we want to send you news or offers, we will only do so if you have agreed or are an existing client being told about similar services, and every message will tell you how to opt out. You can opt out at any time by emailing admin@fmdigitalsolutions.co.za.
8. Who we share it with
We share personal information only where we need to, with these kinds of providers:
- Hosting and infrastructure providers that store this website and its database.
- Email and messaging services that deliver our emails, and WhatsApp if you contact us there.
- Accountants, bookkeepers and professional advisers who need payment and invoice records.
- Payment and banking services when you pay us.
- Authorities and courts where the law requires or allows us to disclose information.
Providers that process information for us do so under agreements or terms that require them to protect it and use it only for our purposes. If our business is ever sold or restructured, your information may be transferred as part of that, and the new owner will have to honour this policy.
9. Information sent outside South Africa
Some of our providers, including hosting and email services, may store or process information in other countries. POPIA allows this where the recipient is bound by law, a binding agreement or binding rules that give substantially similar protection, where you consent, or where it is needed to carry out our agreement with you. We only use providers that meet one of these tests.
10. How long we keep it
- Enquiries that do not become a project: up to 24 months after your last contact, then deleted or anonymised.
- Client project records and correspondence: for the life of the relationship and a reasonable period after it ends, so that we can support the work and deal with disputes.
- Invoices and financial records: at least five years, as South African tax law requires.
- Access credentials you share with us: removed from our systems when the project or support period ends.
You can ask us to delete your information earlier, subject to records we must keep by law.
11. How we protect it
We use reasonable technical and organisational measures to protect personal information from loss, misuse and unauthorised access. These include secure hosting, encrypted connections, restricted access to enquiry messages, spam controls, and keeping software up to date. No system is completely secure, and we cannot promise absolute security.
If we become aware that your information has been accessed without authority, we will tell you and the Information Regulator as soon as reasonably possible, as POPIA requires.
12. Children
Our website and services are for businesses and adults. We do not knowingly collect personal information from anyone under 18. If you think a child has sent us information, email us and we will delete it.
Some of our clients are schools and early childhood centres. If you are a client and your website will include photos or details of children, you are responsible for getting the consent of each child's parent or guardian. Please do not send us children's personal information unless the project needs it.
13. When we build sites for clients
When we build, host or maintain a website for a client, the client is the responsible party for the visitor information that site collects, and we act as the client's operator. We process that information only on the client's instructions and keep it confidential and secure. The client must have its own privacy policy for its website. If you have a question about a site we built for someone else, contact that business first.
14. Your rights
Under POPIA you may:
- ask us to confirm whether we hold personal information about you and to give you access to it;
- ask us to correct information that is wrong, out of date or incomplete;
- ask us to delete or destroy information we no longer have a lawful reason to keep;
- object to us processing your information, or withdraw your consent, at any time (this does not affect processing already done); and
- ask us to stop direct marketing.
Email admin@fmdigitalsolutions.co.za with your request. We may ask you to confirm your identity first so that we do not give your information to someone else. We aim to reply within 30 days.
15. Complaints
If you are not happy with how we handle your information, please contact us first so we can try to put it right. You also have the right to complain to the Information Regulator of South Africa at inforegulator.org.za.
16. Changes to this policy
We may update this policy as our work or the law changes. The date at the top shows when it last changed. If we make a material change, we will tell people we are in contact with. Your use of the site after a change means you accept the updated policy, but your rights under POPIA always stay the same.
See also our Terms of Service.