POP OFF PRIVACY POLICY

1           INTRODUCTION

1.1             Anna Wilhelmina Burger (identity number: 610614 0210 088), a sole proprietor trading as “Pop Off” (“Pop Off“) is committed to protecting and respecting your privacy. This Privacy Policy applies to information collected on Pop Off’s website located at www.pop-off.co.za (“Website“) and/or mobile application (the “App“) (collectively, the “Platform“).

1.2             This privacy policy (“Privacy Policy“) governs the processing (which includes the collection, use and sharing) of Personal Information by Pop Off which Pop Off may collect from you, or that you may provide to Pop Off either through the Website, the App or via email or other correspondence to Pop Off.

2           IMPORTANT NOTICE

2.1             Please read the terms of this Privacy Policy carefully to understand our views and practices regarding your Personal Information and how Pop Off will treat it.

2.2             By visiting the Platform and/or submitting Personal Information to Pop Off, you agree to the practices described in this Privacy Policy and you agree to Pop Off, it’s, agents and/or contractors and/or other third parties to process (which will include collecting, using and disclosing) your Personal Information for the purposes stated in this Privacy Policy.

2.3             If you do not agree to this Privacy Policy, please do not use the Platform. Any use by you of the Platform will be deemed to constitute your acceptance of the terms in this Privacy Policy.

3           DEFINITIONS

3.1             Unless otherwise determined by the context, the words and expressions used in this Privacy Policy shall bear the meaning assigned thereto as follows –

3.1.1                “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 —

3.1.1.1                   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;

3.1.1.2                   information relating to the education or the medical, financial, criminal or employment history of the person;

3.1.1.3                   any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person;

3.1.1.4                   the biometric information of the person;

3.1.1.5                   the personal opinions, views or preferences of the person;

3.1.1.6                   correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;

3.1.1.7                   the views or opinions of another individual about the person; and

3.1.1.8                   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.

3.1.2                “Processing / Process” means any operation or activity or any set of operations, whether or not by automatic means, concerning Personal Information, including –

3.1.2.1                   the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use;

3.1.2.2                   dissemination by means of transmission, distribution or making available in any other form; or

3.1.2.3                   merging, linking, as well as restriction, degradation, erasure or destruction of information.

4           PERSONAL INFORMATION POP OFF COLLECTS

4.1             In using or accessing the Platform, you may give Pop Off the following Personal Information:

4.1.1                Contact information, including your name, email address, mailing address, and phone number;

4.1.2                log-in information, including your Platform username and password;

4.1.3                information about your home, such as the area code or postal code where your home is located; and

4.1.4                details of your views or preferences.

4.2             Furthermore, in using or accessing the Platform, you will be required to provide Pop Off with the following documentation, which may include your Personal Information –

4.2.1                Your identity document (“ID“);

4.2.2                Your spouse’s / partner’s / next of kin’s ID;

4.2.3                Your children’s’ ID’s (birth certificates if minors) and adoption order/s if applicable;

4.2.4                Other heirs’ ID’s (birth certificates if minors);

4.2.5                Marriage certificate / declaration;

4.2.6                Ante nuptial contract;

4.2.7                Divorce order/s and agreement/s;

4.2.8                Tax number;

4.2.9                If widowed, death certificate of spouse;

4.2.10              First page of bank statements of all your bank accounts;

4.2.11              Front of all debit / credit cards;

4.2.12              Store account statement/s or front of card/s;

4.2.13              Shares certificate/s (listed and private) and/or portfolio valuation;

4.2.14              Unit trust statement/s;

4.2.15              RSA retail savings bond statement/s;

4.2.16              Insurance policy/s – property: structure and contents;

4.2.17              Insurance policy/s – all modes of transport and AA;

4.2.18              Pension fund policy;

4.2.19              Retirement annuity policy/s;

4.2.20              Life policy/s;

4.2.21              Funeral policy;

4.2.22              Provident fund policy;

4.2.23              Rental agreement/s;

4.2.24              Hire purchase agreement/s;

4.2.25              Home owners / body corporate levies agreement/s;

4.2.26              Municipal account/s;

4.2.27              Telephone, cellular phone and internet account/s;

4.2.28              Television licence, DSTV, Netflix account/s;

4.2.29              Apple, iCloud, Amazon account/s;

4.2.30              Post box rental account;

4.2.31              Magazine / newspaper subscription account/s;

4.2.32              Security company account;

4.2.33              Garden services / cleaning services account/s;

4.2.34              Gardener / housekeeper contract & UIF documents club;

4.2.35              Membership cards / accounts (gym, golf, etc.);

4.2.36              Proof of regular donations;

4.2.37              Any other accounts that you pay regularly;

4.2.38              Details of usufruct;

4.2.39              Details of fideicommissum;

4.2.40              Trusts documents of which you are a beneficiary or a trustee;

4.2.41              Surety / guarantee agreement;

4.2.42              Agreement/s of monies owed to you;

4.2.43              Title deed/s (residential and commercial property);

4.2.44              Time share certificate/s;

4.2.45              Seconal title deed/s;

4.2.46              Mineral rights certificate/s;

4.2.47              Registration certificate/s of all modes of transport;

4.2.48              Gun licence/s;

4.2.49              Valuation certificate/s;

4.2.50              Medical aid membership account/card;

4.2.51              Additional medical cover account;

4.2.52              Living will;

4.2.53              Organ donor certificate;

4.2.54              Readings, eulogy, music, poems etc. for your funeral/memorial/wake;

4.2.55              Will;

4.2.56              Foreign will;

4.2.57              Family agreement;

4.2.58              Leer of wishes; and

4.2.59              Business interests.

4.3             When you visit the Platform, Pop Off may collect your Internet Protocol (“IP“) address. An IP address is often associated with the portal you used to enter the Internet, like your Internet service provider (“ISP“), company, association, or university. While an IP address may reveal your ISP or geographic area, Pop Off cannot determine your identity solely based upon your IP address. However, Pop Off may link the last IP address you used to access the Platform to Personal Information you provide us.

4.4             Pop Off may also collect a unique identifier for your computer, mobile device, or other device used to access the Platform (“Device Identifier“). A Device Identifier is a number that is automatically assigned to the device you used to access the Platform. Pop Off may link the Device Identifier to other information about your visit, such as what pages you viewed, and to Personal Information you provide us, such as your name.

4.5             Pop Off may include small graphic images or other web programming code, called web beacons (also known as “pixel tags”, “web bugs” or “clear GIFs”), in our web and mobile pages and messages. The web beacons are minute graphics with a unique identifier. They are used to track the online movements of users of Pop Off’s Platform. In contrast to cookies, which are stored in your computer hard drive, web beacons are embedded invisibly on Internet pages. Web beacons help Pop Off better manage content on the Platform by informing Pop Off what content is effective, monitoring how users navigate the Platform, counting users of the Platform, and counting how many e-mails sent by Pop Off were actually opened.

4.6             When you use the App, the App may automatically collect and store some or all of the following information from your mobile device (“Mobile Device Information“), including, but not limited to –

4.6.1                the type of Internet browsers you use with the App;

4.6.2                your preferred area site;

4.6.3                your mobile operating system; and

4.6.4                your phone number or other identifiers assigned to your mobile device, including: the IP address of your mobile device, the manufacturer and model of your mobile device.

4.7             Pop Off may also collect information about how you use the App, such as the amount of time you spend using the App, how often you use the App, and actions you take in the App. In addition, Pop Off may gather information about the website from which you downloaded the App to help Pop Off determine what App download site is most effective (collectively “App Usage Information“).

4.8             Pop Off may link your Mobile Device Information and App Usage Information to Personal Information you have provided us, in which case Pop Off will treat the combined information as Personal Information.

5           USAGE OF PERSONAL INFORMATION COLLECTED

5.1             Pop Off collects only Personal Information that is necessary for the purposes described in this Privacy Policy. Pop Off will process Personal Information only in ways that are for, or compatible with, the business purposes for which the data was collected or that are subsequently authorised by the user. Pop Off takes reasonable steps to ensure that the information it collects is accurate, complete, current, and reliable for its intended use.

5.2             Pop Off will retain Personal Information only for as long as is necessary to accomplish Pop Off’s legitimate business purposes or for as long as may be permitted or required by applicable law.

5.3             Pop Off uses the information Pop Off collects to serve our customers, market and promote our services, and improve your experience at the Platform. Some examples include –

5.3.1                Facilitating the provision of services;

5.3.2                Communicating with you by email, telephone, or text message, in accordance with your wishes;

5.3.3                Sending you notifications, unless you have told Pop Off you do not want to receive such notifications;

5.3.4                Troubleshooting technical problems on the Platform;

5.3.5                Responding to questions and feedback;

5.3.6                Conducting research and analysis;

5.3.7                Continuously evaluating and improving the online and mobile user experience;

5.3.8                Preventing, discovering and investigating violations of this Privacy Policy or any applicable terms of service or terms of use for the Platform, and investigating fraud, chargebacks or other matters; and

5.3.9                Contacting you with regard to your use of the Platform and, in our discretion, changes to the Platform and/or the policies relating thereto.

5.4             Pop Off will not use the Personal Information which Pop Off collects for any purposes other than those purposes specified in paragraph 5.3 above.

5.5             Unless it is made explicitly clear to you beforehand, and you have given the necessary consent, your identity will not be disclosed by Pop Off to third parties.

6           TRANSFER OF PERSONAL INFORMATION TO THIRD PARTIES AND CROSS BORDER TRANSFERS

6.1             Pop Off may be required to disclose Personal Information in response to a court order, subpoena, civil discovery request, other legal process, or as otherwise required by law as per statutory authorities and/or the lawful order of any Court or Tribunal. Pop Off may disclose account and other Personal Information when Pop Off believes disclosure is necessary to comply with the law or to protect the rights, property, or safety of Pop Off, its users or others. This includes exchanging Personal Information with other companies and organisations for fraud prevention.

6.2             Pop Off will comply with the Protection of Personal Information Act No. 4 of 2013 (“POPIA“) and, where relevant, the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (“GDPR“) before transferring Personal Information to a third party who is not a contractor of Pop Off. Before transferring Personal Information to a third-party contractor, such as an authorised service provider, Pop Off will obtain assurances from the agent that it will process Personal Information in a manner consistent with this Privacy Policy. Where Pop Off learns that a third party contractor is using or disclosing Personal Information in a manner contrary to this Privacy Policy, Pop Off will take reasonable steps to prevent such use or disclosure.

6.3             Pop Off reserves the right to disclose and transfer your information, including your Personal Information to a subsequent owner, co-owner, or operator of the Platform or successor database.

7           PROCESSING OF PERSONAL INFORMATION OF CHILDREN

7.1             Section 34 of POPIA and Article 8 of the GDPR, respectively, generally prohibit Pop Off from processing Personal Information concerning children. Thus, Pop Off does not collect any information from anyone under 18 years of age. The Platform, and products and services offered through it, are all directed to people who are at least 18 years old or older. If you are under the age of 18, you are not authorised to use the Platform.

7.2             To the extent that Pop Off processes the Personal Information of one or more of your children who are under the age of 18 (i.e. by providing Pop Off with your minor child’s ID or birth certificate), you hereby—

7.2.1                warrant that you are the such child’s parent or legal guardian; and

7.2.2                consent to the Processing of the Personal Information of such child by Pop Off.

8           SECURITY

8.1             The security and confidentiality of your Personal Information is important to us. Pop Off have implemented technical, administrative, and physical security measures to protect your Personal Information from unauthorised access or disclosure and improper use.

8.2             Pop Off are committed to ensuring that our security measures which protect your Personal Information are continuously reviewed and updated where necessary.

8.3             It is important for you to protect yourself against unauthorised access to your account password and to your computer or cell phone. Be sure to log out of your account or to close your browser after you have completed your visit to the Platform.

8.4             Whilst Pop Off will do all things reasonably necessary to protect your Personal Information, Pop Off cannot guarantee nor does Pop Off accept any liability of whatsoever nature for any unauthorised or unlawful disclosure and/or use of your Personal Information by any third parties (including third party service providers) who are not subject to our control, unless such disclosure and/or use is as a result of our gross negligence.

9           DATA SUBJECT ACCESS AND PARTICIPATION

9.1             Upon reasonable request and in accordance with applicable law, Pop Off will grant users reasonable access to their Personal Information and will permit them to correct, amend or delete Personal Information that is incomplete or inaccurate.

9.2             Should you so request, Pop Off will provide you with the record or a description of the Personal Information which Pop Off have about you, including information about the identity of all third parties who have, or have had, access to the Personal Information: (i) within a reasonable time (and in any event within one month of receipt of the request if you are a European Union (“EU“) citizen); (ii) at a prescribed fee, if any; (iii) in a reasonable manner and format; and (iv) in a form that is generally understandable.

9.3             If you are an EU citizen and Pop Off do not take action at your request, Pop Off shall inform you without delay (and at least within one month of receipt of the request) of the reasons for not taking action and of your option to lodge a complaint with the Information Regulator or other supervisory authority and to seek a judicial remedy.

9.4             You may contact admin@pop-off.co.za in order to update, correct, or delete your Personal Information. You may also update, correct, and delete some of your Personal Information through your account on the Platform. Pop Off will take reasonable steps to ensure that all Personal Information is kept as accurate, complete and up-to-date as reasonably possible but may not always expressly request you to verify and update your Personal Information, unless this process is specifically necessary. Pop Off expects that you will notify Pop Off from time to time in writing of any updates required in respect of your Personal Information.

9.5             In addition, you may cancel or modify the email communications you have chosen to receive from the Platform by following the instructions contained in emails from us.

10        RETENTION, STORAGE, ARCHIVE AND DISPOSAL

10.1           Pop Off will not keep your Personal Information for longer than is required to fulfil the purpose(s) for which Pop Off collected it, unless longer storage is authorised or required by law.

10.2           Pop Off will maintain a record of all of our processing activities in relation to your Personal Information which is under its control.

11        BREACH OF PERSONAL INFORMATION

11.1           If you have a complaint concerning Pop Off’s processing of Personal Information, you should submit the complaint to admin@pop-off.co.za.  Pop Off will investigate and attempt to resolve such complaints in accordance to the provisions contained in POPIA and the GDPR.

11.2           Pop Off will immediately notify you of any breach which occurs in relation to your Personal Information and/or any infringements of POPIA and/or the GDPR.

12        MISCELLANEOUS

12.1           If you have any questions about this Privacy Policy, Pop Off will do its best to answer them promptly. Please contact Pop Off at: admin@pop-off.co.za.

12.2           If Pop Off changes this Privacy Policy, Pop Off will post those changes on this page. If Pop Off materially changes this Privacy Policy in a way that affects how Pop Off uses or disclose your Personal Information, Pop Off will notify you by prominently posting a notice of such changes on the Platform before making them and by stating the effective date of the changes.