PRIVACY POLICY
1. Introduction
1.1. This Privacy Policy constitutes a legal agreement between you and Fempreneurs (Pty) Ltd (“FEMPRENEURS”) and applies to all users of our website, related mobile – sites, and software applications, collectively referred to as “the Platform” used to access, advertise and/or purchase products and services.
1.2. For convenience and clarity, this Privacy Policy refers to Fempreneurs (Pty) Ltd as “FEMPRENEURS” or “we”, “us” or “our” and to you as “you” or “your”, as the context might indicate.
1.3. By using and accessing the Services (as defined in the Fempreneurs Terms of Service), you agree to be bound by this Privacy Policy.
1.4. This Privacy Policy explains, inter alia, the following:
1.4.1. our principles with respect to your data and your privacy;
1.4.2. the information we collect about you;
1.4.3. how we collect and use your personal information;
1.4.4. how your personal information is kept safe and secure;
1.4.5. how we share your personal information;
1.4.6. how we use cookies and similar technology;
1.4.7. your choices with respect to your personal information; and
1.4.8. how to contact us regarding privacy
2. Privacy Policy
2.1. This Privacy Policy is applicable when you access and use the Services and the Content (all as defined in the Terms of Service) and all related websites, tools, applications, data, software, and any services provided by us, all of which have been designed to give you control over the information you share with us and publish more generally. It is important that, when you engage with and/or use these tools, you disclose and share only such information that you want to share.
2.2. This Privacy Policy sets out how we deal with your personal information, as defined in privacy laws (the model for our Privacy Policy is the Protection of Personal Information Act Number 4 of 2013 (‘POPI’) and the General Data Protection Regulation 2016/679 (‘GDPR’), a regulation of European law on data protection and privacy for individuals).
2.3. Your rights under these privacy laws include:
2.3.1. Right of Access
This includes your right to access the Personal Information we gather about you and your right to obtain information about the sharing, storage, security, and processing of that information.
2.3.2. Right to Correction
This is your right to request correction of your Personal Information.
2.3.3. Right to Erasure
This is your right to request, subject to certain limitations, that your Personal Information be erased (“de–identified”) from our possession (also known as the “Right to be forgotten”). Our fulfilment of a request to delete your information might affect your use of the Services or prevent you from using the Services and may result in the closure of your account.
2.3.4. Right to Complain
You have the right to make a complaint regarding our handling of your Personal Information with the appropriate supervisory authority under POPI and the GDPR.
2.3.5. Right to Restrict Processing
This is your right to request restrictions on how and why your Personal Information is used or processed.
2.3.6. Right to Object
This is your right, in certain situations, to object to how or why your Personal Information is processed.
2.3.7. Right to Portability
This is your right to receive the Personal Information we have about you and the right to transmit it to another party.
2.3.8. Right to not be subject to Automated Decision–making
2.3.8.1. This is your right to object to (and prevent) any decision that could have a legal or similarly significant effect on you from being made solely under an automated process. This right is limited, however, if the decision is necessary for the performance of any contract between you and us, is allowed by applicable law, or is based on your explicit consent.
2.3.8.2. Many of these rights can be exercised by signing in and directly updating your account information. If you have questions about exercising these rights or need assistance, please contact us at su*****@fe*********.za
2.3.8.3. If you are at all concerned that this Privacy Policy is in any way incompatible with privacy laws in your country or the country from which you access the Services, you must notify us in writing by email sent to su*****@fe*********.za, providing sufficient detail to enable us to assess and rectify (if necessary), the suspected incompatibility.
3. Binding agreement
3.1. By checking the appropriate checkboxes in the User Registration Processes, you agree to conclude a Personal Information Privacy Agreement with us in respect of your use of the Services, in terms of which (as confirmed by your use of the Services) you are consenting to the use of your Personal Information in the manner set out in this Privacy Policy.
3.2. Please take some time to read this Privacy Policy, and make sure you agree with the manner of use and disclosure of your personal information. If you do not agree to any of the provisions of this Privacy Policy or if you are uncertain about any aspect of this Privacy Policy, immediately cease all use of the Services and raise your concerns with us by contacting us at su*****@fe*********.za
3.3. The terms and conditions of use and this Privacy Policy are associated by reference and must be read one in conjunction with the other.
4. Personal information
Our Services require you to collect, process and provide your related Personal Information to us, including information that relates to you (for example name, age and related information). This information and any information that we have about you will be regarded and will be referred to in this Privacy Policy as Personal Information (“Personal Information”).
5. Voluntary submission of information
We do not assume any responsibility to check or correlate your Personal Information and, instead, we provide you with every opportunity to access and ensure the correctness of all your Personal Information. For this reason, you are responsible for ensuring the accuracy of all Personal Information we have about you.
6. How we collect your Personal Information
6.1. We collect information, including Personal Information, from you in a variety of ways. Whenever you use our Services, contact us electronically or use any of the tools, applications, data, or services provided by us, we automatically collect information about you.
6.2. We collect Personal Information only from those who submit such information. You can always, and you are entitled, to refuse to supply such Personal Information. Such refusal may however prevent you from engaging in certain of our Services.
7. Reasons for collecting your Personal Information
7.1. The following are the reasons why we collect your Personal Information:
7.1.1. to identify you properly and to personalise your experience;
7.1.2. to process your instructions or requests – to make your use of our Services as successful and effective as possible, we must find out exactly what you require from us;
7.1.3. to ensure that we meet your requirements, we may collect and analyse your Personal Information and combine all the information that we have about you to compile a profile of you for us to personalise and tailor our Services to meet your specific requirements to improve the functionality and operation of our Services, we may use Personal Information in the aggregate (de-identified and aggregated to prevent personal identification) to understand how some of you, as a group, use our Services; and
7.1.4. to improve our Services and customer service – we continually strive to improve our Service offerings based on the information and feedback we receive from you — your information helps us to respond more effectively to your service requests and support needs.
7.2. We may also collect non–personal identification information about you whenever you interact with our Services, including the browser name, the type of computer, mobile device, and technical information about your means of connection to our Services, such as the operating system and the Internet service providers used in the process.
8. Sharing of your Personal Information
8.1. Your Personal Information is used internally within FEMPRENEURS and may be analysed and shared with our trusted affiliates and advertisers, but then only as generic, aggregated, de–identified information not linked to any readily identifiable person. By agreeing to the terms and conditions of this Privacy Policy and by using the Services, you give your express consent thereto.
8.2. We will not sell, rent or provide your Personal Information to persons not associated with us for their independent use without your prior consent. If at any stage, after you have given us your consent, you no longer wish us to use or share your Personal Information with an affiliated party you may at any stage withdraw your consent and remove your Personal Information from all computers, data stores and mobile devices associated with our Services.
8.3. From time – to – time testimonials or other accolades are received that are capable of being published to the general public. Unless you specifically prohibit such publication, then by forwarding any such testimonials or accolades to us, you give express consent to us to publish such testimonials and accolades.
9. Protection of your Personal Information
9.1. We take all reasonable steps to protect your Personal Information from loss, misuse or unauthorised alteration.
9.2. We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorised access, alteration, disclosure or destruction of your Personal Information stored on our computer systems.
9.3. To implement and maintain such measures, we have in place policies, controls and related processes, which are reviewed and updated regularly. Our policies, controls and procedures include, inter alia:
9.3.1. physical, technical and network security;
9.3.2. access controls and monitoring of access;
9.3.3. secure storage, destruction and encryption of records of Personal Information;
9.3.4. Personal Information breach reporting and remediation; and
9.3.5. by way of written agreements, imposition of security and confidentiality obligations on third parties (based within or outside the borders of South Africa) who process Personal Information as part of rendering services to us.
9.4. When you register on our Services, you must provide a username and password. You are responsible for maintaining the secrecy and confidentiality of your username and password.
10. Correction and removal of Personal Information
If your Services account remains inactive (no access, no use) for longer than 6 (six) months, whether you decide to stop using our Services or you simply no longer use our Services or for any other reasons, we will be entitled, but not obliged, to remove your Personal Information from our Services if you have not already done so.
11. Cross-border data transfer
11.1. The owner of the FEMPRENEURS software is based in South Africa and your Personal Information is collected, stored, used and shared under POPI and GDPR privacy laws and regulations. However, from time to time, it may be necessary for us to transfer your Personal Information to another country in which the privacy laws may not be equivalent to POPI and the GDPR, and by using our Services you consent to the transfer to and the storage and processing of your Personal Information in such country under this Privacy Policy and applicable laws.
11.2. When transferring your Personal Information outside the geographic borders of South Africa, we will ensure that we do so under the requirements for lawful transfer outside South Africa as set by POPI.
12. Personal Information disclosed by you to a third party
We do not exercise control over affiliate parties’ privacy policies and you should refer to the privacy policy of any such affiliate party to see how that party protects your privacy.
13. Cookies
13.1. Our Services make use of cookies to enhance your experience. Cookies are data exchanged between our servers and your browser or mobile device for record–keeping purposes, to provide your web browser or mobile device with a memory of your previous uses of our Services and sometimes to collect information about the User.
13.2. You agree that our Services is permitted to send cookies from our Services to your computer or mobile device unless you, by choice, set your web browser or mobile device to refuse cookies or to alert you when cookies are being sent. If you do, some parts of our Services and Services may not function properly.
14. E-mail
14.1. The e-mail addresses provided by you may be used to send information and updates about our Services. It may also be used to respond to your inquiries and other requests or questions. If you opt – into our mailing list, you will receive an e-mail that may include company news, updates, and related product or service information. If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each e-mail.
14.2. We may send you promotional information we think may be of interest to you. If any of this promotional information relates to products, promotions, news or services of an affiliate party, and if you indicate that you would like more details, we may inform the affiliated party to contact you directly. By accepting this Privacy Policy, you consent to being contacted by affiliated parties directly.
15. Warranty and indemnity
15.1. We use every reasonable endeavour to ensure that data and information stored by and supplied through our Services are secure, current and accurate.
15.2. Notwithstanding the above, FEMPRENEURS provides the Services and the data and information therein as is and without any warranties either express or implied, including any implied warranties of correctness or currentness of information, merchantability, non-infringement of third-party rights, freedom from viruses or harmful code or fitness for a particular purpose and neither we nor any of our representatives (including information providers, suppliers, officers, employees, agents or telecommunications or internet service providers) shall be liable to you or any person claiming through you for any direct, indirect, incidental, special, or consequential damages arising out of the use of our Services.
15.3. Should you disclose your Personal Information to any third party other than FEMPRENEURS, we will not be liable for any loss or damage arising or suffered by you as a result of the disclosure of such Personal Information to any third party. This is because we do not regulate or control how that third party uses your Personal Information. You should always ensure that you read the privacy policy of any third party.
16. Warning
Even with the use of encryption, the Internet is not a secure medium and privacy cannot be ensured, whilst we make every effort to protect your information and Personal Information in particular, it must be appreciated that it is nevertheless possible for information on our Services to be accessed without our permission.
17. Changes to Privacy Policy
We may, in our sole discretion, update this Privacy Policy at any time. When we do, we will revise the update date at the top of this Privacy Policy document. We encourage you to check frequently for any changes to this Privacy Policy and to stay informed about how we are helping to protect the Personal Information we collect. You acknowledge and agree that it is your responsibility to review this Privacy Policy periodically and become aware of modifications.
18. PAIA Manual
You can exercise all your rights as set out above by referring to our process set out in our PAIA Manual [send requests to: su*****@fe*********.za].
19. Children
19.1. Neither our Services nor the Services are directed at children. We do not knowingly accept online Personal Information from children under the age of 18.
19.2. If you are under the age of 18 or otherwise would be required to have a parent or guardian’s consent to share Personal Information with us, you must ensure that you obtain the necessary parent or guardian’s consent before you share Personal Information with us. Alternatively, you must not send any information about yourself to us.
19.3. FEMPRENEURS may not sell liquor, tobacco or other products similarly regulated to you if you are under the age of 18 regardless of whether you are supervised by a parent or guardian. FEMPRENEURS reserves the right to request you to provide proof of your age before receiving any such products ordered via the Platform.
20. Complaint to Information Regulator
20.1. If you have any complaints about this Privacy Policy or our compliance with this Privacy Policy you can lodge a complaint with the Information Regulator.
20.2. The contact details of the Information Regulator are available on its website at: https://justice.gov.za/inforeg/