Privacy Policy

This Privacy Policy ("Policy") explains how Ngwarati Solutions (Private) Limited ("Ngwarati Solutions," "we," "us," or "our"), a company registered and operating in Harare, Zimbabwe, collects, uses, stores, discloses, and protects personal information when you ("you" or "the User") visit our website or engage our IT, Web Development, and Systems Design services.

This Policy applies to all visitors, clients, prospective clients, and any other individuals who access the Ngwarati Solutions website or provide personal information to us through any channel, including email, telephone, or in-person interaction.

By accessing or using our website and services, you acknowledge that you have read, understood, and agree to be bound by this Privacy Policy. If you do not agree with this Policy, please discontinue use of our website and services immediately.

This Policy is governed by and construed in accordance with the laws of the Republic of Zimbabwe, including the Data Protection Act (Chapter 11:22), the Cyber and Data Protection Act [Chapter 12:07], and the Access to Information and Protection of Privacy Act [Chapter 10:27], as amended from time to time.

Any dispute arising out of or in connection with this Policy shall be subject to the exclusive jurisdiction of the courts of Zimbabwe. Users accessing our website from jurisdictions outside Zimbabwe do so on their own initiative and are responsible for compliance with their local laws.

3.1 Information You Provide Directly

We collect personal information that you voluntarily provide when you contact us, request a quotation, or engage our services. This may include:

• •Personal Identification Data: Full name, email address, phone number, physical or postal address, company name, job title.
• •Service-Related Data: Project requirements, technical specifications, business information, and any other details you share in connection with our services.
• •Communication Records: Content of emails, messages, or other correspondence you send to us, including communications to info@ngwarati.com.
• •Billing Data: Payment information, invoicing details, and banking information required to process payments for our services.

3.2 Information Collected Automatically

When you visit our website, our servers may automatically collect certain technical data, including:

• •Log Data: IP address, browser type and version, operating system, referring and exit pages, date and time stamps, and clickstream data.
• •Device Data: Hardware model, unique device identifiers, screen resolution, and network information.
• •Cookies and Similar Technologies: Data collected through cookies, web beacons, and similar tracking technologies (see Section 7).

3.3 Information from Third Parties

We may receive information about you from third-party sources, such as business partners, referral sources, or publicly available databases, solely for the purpose of providing our services.

We process your personal information on the following legal bases:

• •(a) Consent: Where you have given clear, voluntary, and informed consent for a specific purpose.
• •(b) Contractual Necessity: Where processing is necessary to perform or enter into a contract with you for our services.
• •(c) Legitimate Interest: Where processing is necessary for our legitimate business interests, such as improving our services, website security, and fraud prevention, provided these interests do not override your rights.
• •(d) Legal Obligation: Where processing is required to comply with applicable law, regulation, or legal process.

We use the information we collect for the following purposes:

• •To provide, deliver, operate, and maintain our IT services, web development, and systems design solutions.
• •To process and fulfil service agreements, contracts, and invoices.
• •To communicate with you regarding inquiries, project updates, service changes, and administrative matters.
• •To send technical notices, security alerts, and support-related messages.
• •To monitor, analyse, and improve the functionality, performance, and security of our website.
• •To detect, prevent, and address fraud, abuse, security risks, and technical issues.
• •To comply with legal obligations and enforce our terms of service.
• •To conduct internal research and analytics for service improvement.

We will not use your personal information for purposes materially different from those described above without notifying you and, where required, obtaining your consent.

We retain your personal information only for as long as is reasonably necessary to fulfil the purposes for which it was collected, including:

• •Active client data: For the duration of our business relationship plus twenty-four (24) months following its termination, unless a longer period is required by law.
• •Prospective client inquiries: For twelve (12) months from the date of last contact if no engagement follows.
• •Financial and tax records: For a minimum of six (6) years, as required by applicable Zimbabwean tax and financial regulations.
• •Website log data: For a maximum of twelve (12) months, after which it is anonymised or deleted.

Upon expiry of the applicable retention period, personal information will be securely deleted or anonymised so that it can no longer be associated with you.

Our website may use the following categories of cookies and tracking technologies:

• •Strictly Necessary Cookies: Essential for website functionality, such as session management and security features. These cannot be disabled.
• •Analytical/Performance Cookies: Used to understand how visitors interact with our website, helping us improve user experience. These are only activated with your consent.
• •Functional Cookies: Enable enhanced functionality and personalisation, such as remembering your preferences.

When you first visit our website, a cookie consent banner will be displayed, allowing you to accept or decline non-essential cookies. You may withdraw your consent at any time by adjusting your browser settings or using the cookie management tool on our website. Please note that disabling certain cookies may affect the functionality of the website.

We do not sell, trade, or rent your personal information to third parties. We may disclose your information only in the following limited circumstances:

8.1 Third-Party Service Providers

We may share your information with carefully selected third-party providers who perform services on our behalf, including web hosting, cloud storage, email delivery, data analytics, and payment processing. All such providers are contractually required to:

• •Process personal data solely on our instructions and for the purposes we specify.
• •Maintain appropriate technical and organisational security measures.
• •Not use your personal data for their own purposes or disclose it to any other party.
• •Delete or return your personal data upon termination of the service agreement.

8.2 Legal Obligations and Protection of Rights

We may disclose your information where we believe, in good faith, that disclosure is necessary to:

• •Comply with applicable law, regulation, legal process, or enforceable governmental request.
• •Investigate or address potential violations of our terms, contracts, or policies.
• •Protect the rights, property, safety, or security of Ngwarati Solutions, our clients, or the public.
• •Defend against legal claims or proceedings.

8.3 Business Transfers

In the event of a merger, acquisition, reorganisation, or sale of all or a portion of our assets, your personal information may be transferred to the acquiring entity. We will notify you of any such change and provide you with the option to delete your data before the transfer, where practicable.

We implement reasonable administrative, technical, and physical safeguards designed to protect your personal information from unauthorised access, alteration, disclosure, or destruction. These measures include, but are not limited to:

• •Encryption of data in transit and at rest where technically feasible.
• •Access controls limiting personal data access to authorised personnel only.
• •Regular security assessments and vulnerability testing.
• •Secure disposal of data that is no longer required.

Notwithstanding the foregoing, no method of transmission over the internet or method of electronic storage is completely secure. While we strive to protect your personal information, we cannot guarantee its absolute security. You acknowledge that you transmit personal information to us at your own risk, and Ngwarati Solutions shall not be held liable for any unauthorised access or breach that occurs despite our implementation of commercially reasonable security measures.

In the event of a personal data breach that is likely to result in a risk to your rights and freedoms, we will:

• •Notify the relevant Zimbabwean data protection authority within seventy-two (72) hours of becoming aware of the breach, where required by law.
• •Notify affected individuals without undue delay where the breach is likely to result in a high risk to their rights and freedoms.
• •Document the breach, its effects, and the remedial actions taken.

The notification will include, to the extent known, the nature of the breach, the categories and approximate number of individuals affected, the likely consequences, and the measures taken or proposed to address the breach.

Subject to applicable law, you have the following rights in relation to your personal information:

• •Right of Access: You may request a copy of the personal information we hold about you.
• •Right to Rectification: You may request correction of inaccurate or incomplete personal information.
• •Right to Erasure: You may request deletion of your personal information where it is no longer necessary for the purpose for which it was collected, subject to legal retention obligations.
• •Right to Restriction: You may request that we restrict processing of your personal information in certain circumstances.
• •Right to Object: You may object to processing of your personal information based on legitimate interests.
• •Right to Data Portability: You may request to receive your personal information in a structured, commonly used, and machine-readable format, where technically feasible.
• •Right to Withdraw Consent: Where processing is based on consent, you may withdraw your consent at any time without affecting the lawfulness of processing carried out prior to withdrawal.

To exercise any of these rights, please submit a written request to info@ngwarati.com. We will respond to valid requests within thirty (30) days. We may ask you to verify your identity before fulfilling your request. We reserve the right to charge a reasonable fee for manifestly unfounded or excessive requests.

By providing personal information to us, you represent and warrant that:

• •All information you submit is accurate, complete, and lawful.
• •You have the legal right and authority to provide such information, and it does not infringe upon the rights of any third party.
• •You will not submit any information that is false, misleading, defamatory, harmful, or in violation of any applicable law.
• •You are responsible for maintaining the confidentiality of any login credentials or account information associated with our services.

Ngwarati Solutions shall not be liable for any loss, damage, or legal consequence arising from your submission of false, inaccurate, or unlawful information.

Our website and services are not directed to individuals under the age of eighteen (18). We do not knowingly collect personal information from minors. If we become aware that we have collected personal information from a child under 18 without parental consent, we will take reasonable steps to delete such information promptly. If you believe we may have collected data from a minor, please contact us immediately.

Our website may contain links to third-party websites, applications, or services that are not operated or controlled by Ngwarati Solutions. This Policy does not apply to such third-party sites. We are not responsible for the privacy practices, content, or security of any third-party websites. We strongly encourage you to review the privacy policies of any third-party site before providing your personal information. Any interaction you have with third-party websites is at your own risk.

Some of our third-party service providers may be located outside of Zimbabwe. In such cases, your personal information may be transferred to and processed in countries outside of Zimbabwe. Where such transfers occur, we will take reasonable steps to ensure that your personal information receives an adequate level of protection consistent with this Policy and applicable Zimbabwean law. By using our services, you consent to such transfers, provided we have implemented appropriate safeguards.

To the maximum extent permitted by the laws of Zimbabwe:

• •Ngwarati Solutions shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to any data incident, including unauthorised access, loss, or breach of personal information, regardless of the cause of action or theory of liability.
• •Our total aggregate liability to any individual in connection with this Privacy Policy shall not exceed the total fees paid by that individual to Ngwarati Solutions in the twelve (12) months preceding the event giving rise to the claim.
• •We shall not be liable for any breach or data loss resulting from circumstances beyond our reasonable control, including but not limited to force majeure events, acts of government, telecommunications failures, or cyberattacks that overcome commercially reasonable security measures.

Nothing in this clause excludes or limits our liability for fraud, wilful misconduct, or any liability that cannot be excluded or limited under applicable law.

You agree to indemnify, defend, and hold harmless Ngwarati Solutions, its directors, officers, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• •Your breach of this Privacy Policy or any applicable law.
• •Your submission of false, inaccurate, or unlawful information.
• •Your use of our website or services in a manner that infringes the rights of any third party.
• •Any claim by a third party resulting from your acts or omissions in connection with our services.

We reserve the right to update or modify this Privacy Policy at any time. When we make material changes, we will:

• •Update the "Effective Date" and "Last Updated" date at the top of this Policy.
• •Post a notice on our website for a minimum of thirty (30) days.
• •For active clients, send an email notification to the last known email address on file, at least fourteen (14) days before the changes take effect.

Your continued use of our website or services after the updated Effective Date constitutes your acceptance of the revised Privacy Policy. If you do not agree to the revised Policy, you must discontinue use of our website and services and may request deletion of your data in accordance with Section 11.

If any provision of this Privacy Policy is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable, while preserving its original intent.

This Privacy Policy, together with our Terms of Service and any applicable Data Processing Agreements, constitutes the entire agreement between you and Ngwarati Solutions with respect to the collection, use, and processing of your personal information.