Privacy Policy for LoadXchange (Pty) Limited

Introduction and Application

This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use Our Services and tells You about Your privacy rights and how the law protects You.

This Privacy Policy applies to you when you visit Our Website, register and use Our Platform, use our social media platforms, or make use of our Services as a customer, Load Owner or Transporter, or in respect of Personal Information from suppliers/service providers and/or from individuals in relation to recruitment or if you are an employee of the Company.

You agree to the collection and use of Your information in accordance with this Privacy Policy.

Interpretation and Definitions

The words of which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions:

• Company (referred to as either "the Company", "LX", "LX Connect", "We", "Us" or "Our" in this Policy) refers to LoadXchange (Pty) Limited with registration number 2025/698194/07 and registered address situated at 11 Middle Road, Sunrella, Lanseria, Johannesburg, Gauteng.
• Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
• Country refers to: South Africa.
• Device means any device that can access the Services such as a computer, a cellphone or a digital tablet.
• Load Owner refers to a natural person or verified juristic person (including a shipper or broker) with a load requiring transportation and registered as such on Our Platform.
• Person means natural person or a juristic person.
• Personal Information means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to:
  • information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person;
  • information relating to the education or the medical, financial, criminal or employment history of the person;
  • any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person;
  • the biometric information of the person;
  • the personal opinions, views or preferences of the person;
  • correspondence sent by the person that is implicitly or explicitly of a private or confidential nature;
  • the views or opinions of another individual about the person;
  • 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.
• Platform means the Company's secure digital freight marketplace for Load Owners and Transporters in the SADC region.
• POPI Act means the Protection of Personal Information Act (Act 4 of 2013).
• Processing means any operation or activity or any set of operations, whether or not by automatic means, concerning Personal Information, including collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use; dissemination by means of transmission, distribution or making available in any other form; or merging, linking, as well as restriction, degradation, erasure or destruction of information.
• Services refers to the Services provided by the Company to You, being the connection of verified Load Owners (Shippers & Brokers) with Transporters across the SADC region on a secure digital marketplace for freight purposes and related services.
• Special Personal Information means personal information concerning the religious or philosophical beliefs, race or ethnic origin, trade union membership, political persuasion, health or sex life or biometric information of a person, or the criminal behaviour of a person.
• Transporter refers to a natural or juristic person registered with Our Platform who renders bulk transportation services and owns haulage trucks and is duly registered as such with the Company laws of their respective country.
• Website refers to the LoadXchange website, accessible from https://lxconnect.africa
• You means the person accessing or using the Services, including a Load Owner or Transporter or their respective employees and representatives, or if applicable Your parent or legal guardian, or the company, or other legal entity on behalf of which such person is accessing or using the Services.

Collecting and Using Your Information

Should You:

• use Our Services,
• register as a Load Owner or Transporter,
• act as Our service provider, or
• apply for a position with the Company, or
• be an employee of the Company,

We may ask You to provide Us with certain Personal Information or You may, of your own accord, provide Us with Personal Information.

We may also collect Personal Information about You:

• directly from You;
• in the course of any agreement that we may have concluded with You;
• in the course of providing Services to You;
• from publicly available information;
• when You visit or interact with Our Website, Our Platform or any of Our social media platforms;
• when You visit Our offices;
• when You communicate with Us via email or other means;
• from third parties who are authorised to provide Us with Your Personal Information.

The Personal Information collected from You or in respect of You may include, but is not limited to: first name and last name, title, company name, company registration number, phone number, address, email address, photograph, demographic information, gender, date of birth, Identity Number, Passport Number, nationality, language preferences, utility provider details, bank statements, agreements with third parties, employee or employer details, records of any interactions with Us, billing and payment details such as bank account numbers, data relating to visits to our Website, Our Platform and other applications, and any other Personal Information You may provide to Us.

If we need to Process any of Your Special Information, we shall only do so for a legitimate purpose, in accordance with applicable law.

Tracking Technologies and Cookies

We use Cookies and similar tracking technologies to track the activity on Our Services and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyse Our Services.

The technologies We use may include:

• Cookies or Browser Cookies. A cookie is a small file placed on Your Device. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Services.
• Flash Cookies. Certain features of our Service may use local stored objects (or Flash Cookies) to collect and store information about Your preferences or Your activity on Our Services.
• Web Beacons. Certain sections of our Services and our emails may contain small electronic files known as web beacons that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics.

Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser.

We may use both Session and Persistent Cookies for the following purposes:

• Necessary / Essential Cookies (Session Cookies) – These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts.
• Cookies Policy / Notice Acceptance Cookies (Persistent Cookies) – These Cookies identify if users have accepted the use of cookies on the Website.
• Functionality Cookies (Persistent Cookies) – These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference.

Purpose of Processing and Legal Basis for Processing

The Company will Process Your Personal Information in the ordinary course of the business and in relation to providing the Services. We will primarily use Your Personal Information only for the purpose for which it was originally or primarily collected. We may use your Personal Information for a further purpose only if such purpose constitutes a legitimate interest and is closely related to the original or primary purpose for which the Personal Information was collected.

Your Personal Information may be Processed for the following purposes:

• To provide and maintain the Services, including to monitor the usage of our Services and to contact you in relation to the Services.
• To enter into or perform in terms of an agreement to which You are a party.
• To comply with any legislation, regulation, policy and/or directive in relation to the Company, including fraud prevention.
• To protect Your legitimate interests.
• To pursue a legitimate interest of the Company or a third party to whom the Personal Information is supplied.
• Transfer to or share with Our employees, service providers, agents, other companies within Our group and other third parties for the purposes as set out in this Policy.
• To provide You with news, special offers and general information about other services which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
• To manage Your requests: To attend and manage Your requests/instructions to Us.
• For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets.
• For other purposes: We may use Your information for data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve Our Services.

Retention and Storage of Your Personal Information and Your Rights

The Company will retain Your Personal Information only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Information to the extent necessary to comply with our legal obligations, resolve disputes, and enforce our legal agreements and policies.

You have the following Rights in relation to Your Personal Information:

• Right to, upon having provided adequate proof of identification, request the Company to confirm, free of charge, whether or not the Company holds Personal Information about You.
• Right to request the record or a description of Your Personal Information (including information about the identity of third parties who have or have had access to Your Personal Information), at a prescribed fee, within a reasonable time, in a reasonable manner and format.
• Right to, in the prescribed manner, request the correction of Your Personal Information.
• Right to, in the prescribed manner, request the destruction or deletion of Your Personal Information, subject thereto that the Company is no longer entitled/required to retain Your Personal Information.
• Right to object to the processing of Your Personal Information, at which time this consent will be retracted (which retraction will not affect previous collection and/or processing).
• Right to lodge a complaint to the Information Regulator, in the prescribed manner and form.

We will use our best endeavours to keep Your Personal Information that we collect accurate, complete and up to date. You can exercise Your Rights by contacting the Information Officer at the email address provided below.

Transfer of Your Information

Your information, including Personal Information may be subject to cross border transfer (i.e. transfer outside of the Country) and processing and/or retention by third parties in countries that have data laws, regulations and/or legislation that offers similar protection in respect of personal information as the POPI Act or to countries which offer less protection. By acceptance of this Policy You consent to such transfer.

If it is the intention of the Company to transfer unique identifier information where these are used for a purpose other than the one for which the unique identifier was specifically intended (at collection) and is linked with information processed by another or other responsible parties; or to transfer the Special Personal Information or the Personal Information of children (persons below the age of 18) to a third party in a foreign country that does not offer an adequate level of protection similar to the POPI Act, the Company will seek the prior authorisation from the Information Regulator.

Security of Your Personal Data

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

We will ensure that our hosting service provider(s) attend to hosting of our server(s), Website, Platform and other applications that uses firewalls and other applicable security measures to prevent interference and unauthorised access to Your Personal Information.

Authorisations to access Your Personal Information will be limited to those who are required to access such Personal Information for the purposes as set out in this Policy.

Links to Other Websites

Our Services may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Changes to This Privacy Policy

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on Our Website, Our Platform and social media platforms and by way of communication, whether by email or otherwise of the new policy to You.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on our Website and/or provided to You.

Contact Us

Details of the Company Information Officer:

If you have any questions about this Privacy Policy, You can contact the Information Officer using the details above.