Last updated: 24 October 2026

1. Introduction
Brainergy Marketing Solutions (Pty) Ltd (“BMS”, “we”, “us” or “our”) respects your privacy and is committed to protecting your personal information.

This Privacy Policy explains how we collect, use, store and protect personal information when you visit our website, www.brainergy.co.za, enquire about our services, subscribe to a website plan or communicate with us.

We process personal information in accordance with applicable South African laws, including the Protection of Personal Information Act 4 of 2013 (POPIA).

2. Personal Information

We may collect the following information, depending on how you interact with us:

•  Contact information: Your name, email address, telephone number and business contact details.
• Business information: Your business name, registration details, industry and other information relevant to the services you request.
• Enquiry information: Details you provide when requesting a quotation, submitting a contact form or communicating with us through email or WhatsApp.
• Website project information: Business descriptions, logos, photographs, website content, social media links and other materials you provide for website design, development or management.
• Subscription and service information: Your selected plan, service preferences, payment-related records and communications concerning your subscription.
• Technical information: Information such as your IP address, browser type, device information and website usage data, where collected through hosting systems, server logs, cookies or analytics tools.

Please do not submit sensitive personal information through our website unless it is necessary for a specific service and we have provided an appropriate way to submit it.

3. How We Use Your Information

We may use your personal information to:

• Respond to enquiries and provide quotations.
• Provide business support, branding, marketing and website services.
• Create, host, maintain and update websites.
• Manage subscriptions, payments and customer accounts.
• Communicate service updates, requests and important notices.
• Improve our website, services and customer experience.
• Maintain business records and meet legal or regulatory obligations.
• Protect our website, systems, clients and business against fraud, misuse and security threats.
• Send relevant marketing communications where permitted by law.

We will only process personal information for purposes that are lawful, reasonable and related to our business activities.

4. Lawful Processing of Personal Information

We process personal information where there is a lawful basis to do so under applicable law. This may include:

• Your consent.
• Taking steps at your request before entering into a contract.
• Performing a contract with you.
• Complying with a legal obligation.
• Protecting legitimate interests where permitted by law.

Where processing relies on consent, you may withdraw your consent, subject to applicable legal requirements. Withdrawing consent does not affect processing lawfully carried out before the withdrawal.

5. Sharing of Personal Information

We do not sell your personal information to third parties.

We may share relevant information with trusted service providers when necessary to operate our business and deliver our services. These may include:

• Website hosting and domain registration providers.
• Payment processing and accounting service providers.
• Email, communication and customer support platforms.
  – Website security, maintenance and analytics providers.
• Professional advisers and business partners involved in delivering a requested service.
• Government authorities, regulators or other parties where disclosure is required or permitted by law.

We aim to ensure that service providers handling personal information on our behalf are subject to appropriate confidentiality and security obligations.

6. Website Hosting and Third-Party Services

Our website and client services may use third-party technologies, integrations, plugins and platforms to provide features such as hosting, security, maps, social media links, analytics and online payments.

These providers may process certain information in accordance with their own privacy policies and terms.

Where personal information is transferred outside South Africa, we will take reasonable steps to ensure that the transfer meets the requirements of POPIA.

We are not responsible for the privacy practices of independent third-party websites or services. We encourage you to review their privacy policies before sharing personal information with them.

7. Cookies and Website Analytics

Our website may use cookies and similar technologies to support website functionality, improve performance, understand visitor behaviour and maintain security.

Where applicable, cookies may collect technical information about your device and browsing activity.

You can manage or disable cookies through your browser settings. However, disabling certain cookies may affect website functionality.

Where required, we will obtain consent before using cookies or similar technologies that require it.

For more information, please refer to our Cookie Policy.

8. Direct Marketing and Communications

We may contact you about enquiries, quotations, subscriptions, ongoing projects and services you have requested.

We may also send promotional communications where permitted by law. Where consent is required, we will obtain it before sending such communications.

You may opt out of promotional communications at any time by following the unsubscribe instructions provided or contacting us directly.

Opting out of marketing communications will not prevent us from sending essential service-related or legally required notices.

9. How We Protect Your Information

We take reasonable technical and organisational measures to protect personal information against loss, unauthorised access, disclosure, alteration or misuse.

These measures may include access controls, security monitoring, software updates, secure hosting arrangements and appropriate confidentiality procedures.

However, no method of transmitting or storing information electronically is completely secure. We cannot guarantee absolute security.

If a security compromise involving personal information occurs, we will take appropriate steps in accordance with applicable legal requirements.

10. How Long We Keep Your Information

We retain personal information only for as long as reasonably necessary to fulfil the purposes for which it was collected, provide our services, resolve disputes and meet applicable legal or contractual obligations.

Information may be retained for longer where required by law.

When personal information is no longer required, we will take reasonable steps to delete, destroy or de-identify it securely, where appropriate and legally permissible.

11. Your Rights Under POPIA

Subject to applicable law, you may have the right to:

• Request access to personal information we hold about you.
• Request the correction or deletion of inaccurate, irrelevant, excessive, outdated or unlawfully obtained information.
• Object to certain types of processing.
• Withdraw consent where processing is based on consent.
• Object to the use of your personal information for direct marketing.
• Request information about how your personal information has been used.
• Lodge a complaint with the Information Regulator of South Africa.

To exercise your rights, please contact us using the details provided below. We may need to verify your identity before processing a request and may be required to retain certain information under applicable law.

12. Children’s Privacy

Our website and services are intended primarily for businesses, entrepreneurs and individuals seeking business-related support.

We do not knowingly collect children’s personal information for purposes that are unlawful under applicable data protection legislation. Where personal information relating to a child is required for a legitimate purpose, we will handle it in accordance with applicable legal requirements.

13. Links to Other Websites

Our website may contain links to third-party websites, platforms and social media services.

Once you leave our website, the collection and use of your information by those third parties are governed by their respective privacy policies. We encourage you to review those policies before providing personal information.

14. Changes to This Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our services, website technologies or legal obligations.

The latest version will be published on our website with the updated date. We encourage visitors and clients to review this page periodically.

15. Contact Us

If you have questions about this Privacy Policy, wish to exercise your rights under POPIA or have a concern about how we handle personal information, please contact us:

Brainergy Marketing Solutions (Pty) Ltd
Email: info@brainergy.co.za
Website: https://brainergy.co.za
Telephone: +27 71 821 3727

We will review privacy-related requests and respond within a reasonable period, subject to applicable legal requirements.

16. Information Regulator of South Africa

If you believe that your personal information has been handled unlawfully, you may lodge a complaint with the Information Regulator of South Africa.

Website: https://inforegulator.org.za/

The Information Regulator provides guidance on POPIA and the procedures for submitting complaints.