Legal Notice

1. Introduction

MessageIQ ("we", "us", or "our"), operated by MessageIQ (Pty) Ltd and accessible at messageiq.co.za, is committed to protecting your personal information in accordance with the Protection of Personal Information Act, 4 of 2013 (POPIA) and applicable South African law.

This Privacy Policy explains how we collect, use, store, and protect your personal information when you use our website, digital marketing services, or communication platforms (email, SMS, and WhatsApp campaigns).

2. Information We Collect

2.1 Information You Provide

• Name, email address, phone number, and company details when you contact us or request a free audit
• Business information shared during onboarding or campaign briefings
• Billing and payment information for service agreements
• Communications, feedback, and correspondence with us

2.2 Information Collected Automatically

• IP address, browser type, and device information
• Pages visited, time spent, and referral sources via website analytics
• Email campaign engagement data (open rates, click-throughs, unsubscribes)
• SMS and WhatsApp delivery and read receipts where applicable

2.3 Information from Third Parties

• Data provided by clients for campaign deployment (contact lists, CRM exports)
• Platform data from Mailchimp, Klaviyo, HubSpot, ActiveCampaign, Salesforce Marketing Cloud, and SendGrid

3. How We Use Your Information

• To provide, manage, and improve our digital marketing and messaging services
• To communicate with you about your account, campaigns, and service updates
• To process payments and manage billing
• To conduct the Free Messaging Audit and deliver related recommendations
• To comply with legal obligations under South African law
• To send marketing communications where you have given consent (you may opt out at any time)
• To analyse and improve website performance and user experience

4. Legal Basis for Processing

• Contract performance - processing necessary to deliver our services to you
• Legitimate interests - improving our services and communicating with existing clients
• Consent - where you have explicitly agreed to receive marketing communications
• Legal obligation - compliance with applicable South African legislation

5. Sharing of Information

We do not sell your personal information. We may share it with:

• Service providers - third-party platforms used to deliver campaigns on your behalf
• Payment processors - to securely process transactions
• Legal authorities - where required by law or court order
• Business partners - only with your prior consent

6. Data Retention

We retain your personal information for as long as necessary to fulfil the purposes outlined in this policy, or as required by law. Campaign data is typically retained for 3 years following the end of a client engagement, unless a shorter period is requested.

7. Your Rights Under POPIA

• Access the personal information we hold about you
• Request correction of inaccurate information
• Request deletion of your information (subject to legal retention requirements)
• Object to the processing of your information
• Lodge a complaint with the Information Regulator of South Africa

8. Cookies

Our website uses cookies to analyse traffic and improve functionality. By continuing to use our site, you consent to the use of cookies in accordance with this policy. You may disable cookies through your browser settings, though some features may be affected.

9. Security

We implement reasonable technical and organisational measures to protect your personal information from unauthorised access, loss, or disclosure. No method of internet transmission is 100% secure, and we cannot guarantee absolute security.

10. Changes to This Policy

We may update this Privacy Policy from time to time. Changes will be posted on this page with a revised effective date. Continued use of our services constitutes acceptance of the updated policy.

1. Introduction & Acceptance

These Terms and Conditions ("Terms") govern your access to and use of the services provided by MessageIQ (Pty) Ltd ("MessageIQ", "we", "us"), including our website at messageiq.co.za, email marketing, SMS, WhatsApp campaign services, and the Free Messaging Audit tool.

By accessing our website or engaging our services, you confirm that you have read, understood, and agree to be bound by these Terms.

2. Services

MessageIQ provides digital marketing services to South African SMEs and businesses, including:

• Email campaign design, strategy, and deployment
• SMS marketing campaign management
• WhatsApp marketing campaigns
• Marketing automation and workflow setup
• Campaign analytics and reporting
• Free Messaging Audit assessments

3. Client Obligations

You agree to:

• Provide accurate, complete, and up-to-date information required for campaign execution
• Ensure all contact lists comply with POPIA and the Electronic Communications and Transactions Act, 25 of 2002
• Obtain all necessary consents from recipients before data is submitted for campaign purposes
• Not use our services for unlawful, deceptive, harassing, or abusive communications
• Pay invoices in accordance with agreed payment terms

4. Payment Terms

• Invoices are payable within 14 days of issue
• All prices are quoted in South African Rand (ZAR) and exclusive of VAT where applicable
• Late payments may attract interest at the prime lending rate plus 2% per annum
• MessageIQ reserves the right to suspend services for accounts in arrears exceeding 30 days

5. Intellectual Property

All content, templates, designs, reports, and strategies created by MessageIQ remain our intellectual property unless expressly transferred in writing. Upon full payment, clients receive a licence to use deliverables for their business purposes.

Client-provided materials remain the property of the client. You grant MessageIQ a limited licence to use such materials solely for delivering the agreed services.

6. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information shared during the engagement. This obligation survives termination for a period of 2 years.

7. Limitation of Liability

• MessageIQ's total liability shall not exceed the total fees paid in the 3 months preceding the claim
• We are not liable for indirect, incidental, consequential, or punitive damages
• We do not guarantee specific campaign results, open rates, or conversion outcomes
• We are not liable for platform outages or changes to third-party platform policies

8. Termination

Either party may terminate an ongoing service arrangement with 30 days written notice. MessageIQ may terminate immediately for material breach. Upon termination, all outstanding fees become immediately payable.

9. Third-Party Platforms

Our services integrate with Mailchimp, Klaviyo, HubSpot, ActiveCampaign, Salesforce Marketing Cloud, and SendGrid. MessageIQ is not responsible for outages or policy changes on these platforms.

10. Governing Law

These Terms are governed by the laws of the Republic of South Africa. Disputes shall be subject to the exclusive jurisdiction of the courts of Johannesburg, Gauteng.

1. General Disclaimer

The information provided on the MessageIQ website (messageiq.co.za) and through our services is for general informational and marketing purposes only. MessageIQ makes no representations or warranties regarding the completeness, accuracy, or suitability of the information provided.

2. No Guarantee of Results

Digital marketing outcomes - including email open rates, click-through rates, deliverability, SMS read rates, WhatsApp response rates, and ROI - are influenced by factors outside MessageIQ's control.

3. Free Messaging Audit

The Free Messaging Audit and any resulting recommendations are provided in good faith based on information supplied by the user. Audit findings are indicative only and do not constitute professional marketing, legal, or financial advice. MessageIQ accepts no liability for decisions made based on audit outputs.

4. External Links

Our website may contain links to third-party websites for convenience. MessageIQ does not endorse or accept responsibility for the content, privacy practices, or accuracy of any third-party site.

5. Third-Party Platform Dependency

MessageIQ's services depend in part on third-party platforms. We are not responsible for service interruptions, feature changes, or policy updates by these platforms that may affect campaign delivery or performance.

6. Compliance Responsibility

While MessageIQ follows best practices for compliant digital marketing, ultimate responsibility for ensuring compliance with POPIA, ECTA, and other applicable legislation rests with the client. Nothing in our services constitutes legal advice.

7. Website Availability

We do not guarantee that our website will be available at all times without interruption or free from errors. Access to and use of the website is at your own risk.

8. Limitation of Liability

To the fullest extent permitted by South African law, MessageIQ, its directors, employees, and agents shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from use of our website or services.

9. Governing Law

This Disclaimer is governed by the laws of the Republic of South Africa. Disputes shall be resolved under the jurisdiction of the courts of Johannesburg, Gauteng.