Privacy Policy 2025
Malaika Data Repository application is owned by Andani Africa (“we”, “us”, “our”). The purpose of this Privacy Policy is to protect your privacy and ensure that your personal data is handled in accordance with applicable data protection laws, including Protection of Personal Information Act, the European Union’s General Data Protection Regulation (GDPR) and other applicable privacy protection legislation.
This Privacy Policy sets out how we collect, use, disclose, and protect the personal data of users (“you”, “your”) who upload, share, and access information and documents through our research-based user-generated content data repository application (“Malaika”).
1. Data Controller/Processor
1.1. Malaika is the Data Controller and/or Processor for the purposes of this Privacy Policy and applicable data protection laws.
2. Types of Data Collected
2.1. We collect and process the following categories of data:
2.2. User-Provided Data
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2.2.1. Personal identifiers (name, email address, contact information)
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2.2.2. Uploaded documents, images, and other files containing user-generated content
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2.2.3. Metadata related to uploaded content (time, location, file type, etc.)
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2.2.4. Any other data voluntarily provided via forms or correspondence
2.3 Automatically Collected Data
2.3.1. IP address
2.3.2. Device information
2.3.3. Browser type and version
2.3.4 Usage and interaction data within Malaika
3. Legal Basis for Processing
3.1. We process your personal data on the following lawful bases:
3.1.1. Consent: When you voluntarily submit personal data or content.
3.1.2. Performance of a Contract: Where processing is necessary for the performance of our terms of service.
3.1.3. Legitimate Interests: For research, development, and analysis in the creative cultural industries.
3.1.4. Legal Obligation: Where processing is necessary for compliance with legal obligations.
4. Purpose of Data Collection
4.1. We collect and process your data for:
4.1.1. Operating and maintaining Malaika
4.1.2. Facilitating research, development, and analysis in the creative cultural industries
4.1.3. Generating anonymised or aggregated reports
4.1.4. Improving user experience and Malaika functionality
4.1.5. Communicating updates, notices, or marketing (where permitted) Ensuring compliance with legal obligations
5. Data Sharing and Disclosure
5.1 We may share your personal data:
5.1.1 With research partners and collaborators in anonymised or aggregated form
5.1.2 With service providers (data hosting, IT services, analytics)
5.1.3 As required by law or legal processes in connection with a corporate transaction (merger, acquisition, asset sale)
5.1.4 Debt collectors for purposes of recovering any subscription fees owed by You.
5.2 No personal data will be sold to third parties.
6. International Data Transfers
6.1 Given the global nature of Malaika, your personal data may be transferred to, stored, and processed in countries outside your country of residence, including countries
outside of South Africa and the European Union (EU).
6.2 Where such transfers occur, we ensure appropriate safeguards such as:
6.2.1. EU Standard Contractual Clauses
6.2.2. Data processing agreements with service providers
7. Data Retention
7.1 We retain personal data only for as long as necessary to fulfil the purposes for which it was collected, including legal, accounting, and reporting obligations and accordance with the applicable legislation and legislated retention periods. Uploaded UGC content may be retained for research archives unless a deletion request is submitted (see Section 10).
8. Data Security
8.1 We implement appropriate technical and organisational security measures to protect personal data against unauthorised access, alteration, disclosure, or destruction at various intervals.
8.2 Where there is a shutdown or limited functionality of services for maintenance and security checks, you will be notified periodically and through a pop-up notice on Malaika.
9. Your Rights (Under GDPR)9.1 You have the right to:
9.1.1 Access your personal data
9.1.2 Rectify inaccurate or incomplete data
9.1.3 Erase your personal data (“right to be forgotten”)
9.1.4 Restrict processing
9.1.5 Object to processing
9.1.6 Data portability
9.1.7 Withdraw consent at any time (without affecting prior lawful processing)
9.1.8 Lodge a complaint with a supervisory authority
9.2 To exercise these rights, please send an email to: compliance [at] malaika .cloud (needs to be bot/spam proof)
10. User-Generated Content (UGC)
10.1 By uploading content, you warrant that:
10.1.1 You own or have obtained all necessary rights and permissions to submit the content
10.1.2 The content does not infringe any third-party rights, including intellectual property, data protection, privacy, or publicity rights
10.1.3 The content is lawful and does not violate any applicable laws or regulations
10.2 You retain ownership of your UGC but grant us a worldwide, non-exclusive, royalty-free licence to use, store, reproduce, adapt, publish, and distribute the content for
research, development, analysis, and reporting purposes
11. Developer Indemnity and Warranties
11.1 Warranties by Developer
11.1.1 The developer warrants that:
11.1.2 Malaika has been developed in compliance with applicable data protection laws, including GDPR.
11.1.3 Reasonable security measures are in place to safeguard personal data.
11.2 Indemnity:
11.2.1 The developer shall not be held liable for:
11.2.1.1 Any loss damage, or legal claims arising from UGC uploaded by third parties
11.2.1.2 Any misuse or unauthorised access resulting from user negligence
11.2.1.3 Any breach of intellectual property or privacy rights arising from user-uploaded content
11.3 Users agree to indemnify, defend, and hold harmless the developer and its affiliates, directors, officers, and employees from any claims, liabilities, damages, losses, or expenses (including reasonable attorney’s fees) arising from their uploaded content, breach of this Privacy Policy, or violation of applicable laws.
12. Changes to This Privacy Policy
12.1 We may update this Privacy Policy from time to time. Changes will be communicated via Malaika or email where applicable.
13. Contact Information
13.1 If you have questions or concerns about this Privacy Policy or how your personal data is handled, contact us at:
MALAIKA
Andani Africa
37 Bath Avenue
Rosebank
Johannesburg
2196
14. GOVERNING LAW14.1 This Privacy Policy shall be governed by and construed in accordance with the laws of the Republic
of South Africa.