In this Policy (as defined below), unless the context requires otherwise, the following capitalised terms shall have the meanings given to them –
- "Child" means any natural person under the age of 18 (eighteen) years;
- "Data Subject" means Lov.Cash's clients, agents, business partners and suppliers who may be natural or juristic persons or any other person(s) in respect of whom Lov.Cash Processes Personal Information;
- "Lov.Cash" means Lov.Cash Proprietary Limited, a limited liability private company (registration number 2008/027698/07) duly incorporated in accordance with the laws of the Republic of South Africa;
- "Lov.Cash General Terms and Conditions of Use" means the terms and conditions regulating the accessing, downloading or otherwise interacting with the Lov.Cash platform, including the Lov.Cash website and Lov.Cash mobile applications, or any associated service offered by Lov.Cash on any device;
- "Operator" means a person or entity who Processes Personal Information for a Responsible Party in terms of a contract or mandate, without coming under the direct authority of that Responsible Party;
- "Personal Information" means information relating to any Data Subject, including but not limited to (i) views or opinions of another individual about the Data Subject; and (ii) information relating to such Data Subject's –
- race, sex, gender, sexual orientation, pregnancy, marital status, nationality, ethnic or social origin, colour, age, physical or mental health, well-being, disability, religion, conscience, belief, cultural affiliation, language and birth
- education, medical, financial, criminal or employment history;
- names, identity number and/or any other personal identifier, including any number(s), which may uniquely identify a Data Subject, account or client number, password, pin code, customer or Data Subject code or number, numeric, alpha, or alpha-numeric design or configuration of any nature, symbol, email address, domain name or IP address, physical address, cellular phone number, telephone number or other particular assignment;
- blood type, fingerprint or any other biometric information;
- personal opinions, views or preferences;
- correspondence that is implicitly or expressly of a personal, private or confidential nature (or further correspondence that would reveal the contents of the original correspondence); and
- corporate structure, composition and business operations (in circumstances where the Data Subject is a juristic person) irrespective of whether such information is in the public domain or not;
- "POPIA" or "Act" means the Protection of Personal Information Act No. 4 of 2013;
- "Processing" means any operation or activity or any set of operations, whether or not by automatic means, concerning Personal Information, including –
- the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use;
- dissemination by means of transmission, distribution or making available in any other form by electronic communications or other means; or
- merging, linking, blocking, degradation, erasure or destruction. For the purposes of this definition, "Process" has a corresponding meaning;
- "Regulator" means the information regulator established in terms of the Act;
- Responsible Party" means a public or private body or any other person which alone or in conjunction with others, determines the purpose of and means for Processing Personal Information;
- "Special Personal Information" means Personal Information concerning a Data Subject's religious or philosophical beliefs, race or ethnic origin, trade union membership, political opinions, health, sexual life, biometric information or criminal behaviour; and
- "Third-Party" means an independent contractor, agent, consultant, sub-contractor or other representative of Lov.Cash.
- This Policy regulates the use and protection of Personal Information that Lov.Cash Processes.
- Lov.Cash acknowledges the need to ensure that Personal Information is handled with care and is committed to ensuring that it complies with the requirements of the Act for the Processing of Personal Information.
- POPIA imposes obligations on both public and private bodies for the processing of Personal Information.
- The purpose of this Policy is to inform Data Subjects about how Lov.Cash Processes their Personal Information by, inter alia, collecting or collating, receiving, recording, storing, updating, distributing, erasing or destroying, disclosing and/or generally using the Data Subject's Personal Information.
- Lov.Cash, in its capacity as Responsible Party and/or Operator, shall strive to observe, and comply with, its obligations under POPIA as well as internationally accepted information protection principles, practices and guidelines when it Processes Personal Information from or in respect of a Data Subject.
NOTIFYING DATA SUBJECTS
- Lov.Cash will make Data Subjects aware of the fact that it is Processing their Personal Information and inform them of the specific purpose for which Lov.Cash will be Processing such Personal Information, including making the Data Subject aware of any Third-Party recipients of the Personal Information (which may also include cross-border transfers of Personal Information).
- Lov.Cash will not use the Personal Information of a Data Subject for any purpose other than the disclosed purpose without the consent of the Data Subject, unless Lov.Cash is permitted or required to do so by law.
PROCESS OF COLLECTING PERSONAL INFORMATION
- Lov.Cash will always collect Personal Information in a fair, lawful and reasonable manner to ensure that it protects the Data Subject's privacy, and will Process the Personal Information based on legitimate grounds in a manner that does not adversely affect the Data Subject in question.
- Lov.Cash often collects Personal Information directly from the Data Subject and/or from Third-Parties, and where Lov.Cash obtains Personal Information from Third-Parties, Lov.Cash will ensure that it obtains the consent of the Data Subject to do so or will only Process the Personal Information without the Data Subject's consent where Lov.Cash is permitted to do so in terms of applicable laws.
- An example of such Third Parties include other Lov.Cash entities; our clients when Lov.Cash handles Personal Information on their behalf; regulatory bodies; credit reference agencies; other companies providing services to Lov.Cash and where Lov.Cash makes use of publicly available sources of information.
LAWFUL PROCESSING OF PERSONAL INFORMATION
- In terms of POPIA, where Lov.Cash is the Responsible Party, it can only Process a Data Subject's Personal Information where –
- consent of the Data Subject (or a competent person where the Data Subject is a Child) is obtained;
- Processing is necessary to carry out the actions for conclusion of a contract to which a Data Subject is party;
- Processing complies with an obligation imposed by law on Lov.Cash;
- Processing protects a legitimate interest of the Data Subject;
- Processing is necessary for pursuing the legitimate interests of Lov.Cash or of a third party to whom the information is supplied.
- Lov.Cash will only Process Personal Information where one of the legal basis referred to in paragraph 7.1 above are present.
- Where required (i.e. where we are not relying on a legal ground listed in paragraphs 7.1.2 to 7.1.5 above), Lov.Cash will obtain the Data Subject's consent prior to collecting, and in any case prior to using or disclosing, the Personal Information for any purpose.
- Lov.Cash will make the manner and reason for which the Personal Information will be Processed clear to the Data Subject.
- Where Lov.Cash is relying on a Data Subject's consent as the legal basis for Processing Personal Information, the Data Subject may withdraw his/her/its consent or may object to Lov.Cash's Processing of the Personal Information at any time. This will not affect the lawfulness of any Processing done prior to the withdrawal of consent or any Processing justified by a legal ground set out in paragraphs 7.1.2 to 7.1.5 above.
- If the consent is withdrawn or if there is otherwise a justified objection against the use or the Processing of such Personal Information, Lov.Cash will ensure that the Personal Information is no longer Processed.
STORAGE OF PERSONAL INFORMATION
- Lov.Cash will keep the Personal Information that it Processes on behalf of Data Subjects on servers in South Africa.
- Lov.Cash's Third-Party service providers, including data storage and processing providers, may from time to time also have access to a Data Subject's Personal Information in connection with purposes for which the Personal Information was initially collected to be Processed.
- Lov.Cash will ensure that such Third-Party service providers will process the Personal Information in accordance with the provisions of this Policy, all other relevant internal policies and procedures and the Act.
- Lov.Cash may store your Personal Information using its own secure on-site servers or other internally hosted technology. Your personal data may also be stored by Third Parties, via cloud services or other technology, to whom Lov.Cash has contracted with, to support Lov.Cash's business operations.
- These Third Parties do not use or have access to your Personal Information other than for cloud storage and retrieval, and Lov.Cash requires such parties to employ at least the same level of security that Lov.Cash uses to protect your personal data.
- Your Personal Information may be stored and processed in South Africa or another country where Lov.Cash, its affiliates and their service providers maintain servers and facilities and Lov.Cash will take steps, including by way of contracts, to ensure that it continues to be protected regardless of its location in a manner consistent with the standards of protection required under applicable law.
USE OF PERSONAL INFORMATION
- Lov.Cash will only Process a Data Subject's Personal Information for a specific, lawful and clear purpose (or for specific, lawful and clear purposes) and will ensure that it makes that Data Subject aware of such purpose(s) as far as possible.
- It will ensure that there is a legal basis for the Processing of any Personal Information. Further, Lov.Cash will ensure that Processing will relate only to the purpose for and of which the Data Subject has been made aware (and where relevant, consented to) and will not Process any Personal Information for any other purpose(s).
- Lov.Cash may use Personal Information for the following purposes –
- for the purpose of providing any legal or advisory services to the Data Subject from time to time;
- for the purposes of receiving services or products provided by the Data Subject to Lov.Cash from time to time;
- to respond to any correspondence that the Data Subject may send to Lov.Cash, including via email or by telephone;
- to contact the Data Subject from time to time, where specific consent has been given to follow-up contacts by Lov.Cash or to be put on a Lov.Cash mailing list;
- for such other purposes to which the Data Subject may consent from time to time; and
- for such other purposes authorised in terms of applicable law.
PERSONAL INFORMATION FOR DIRECT MARKETING PURPOSES
- Lov.Cash acknowledges that it may only use Personal Information to contact the Data Subject for purposes of direct marketing from time to time where it is permissible to do so.
- It may use Personal Information to contact any Data Subject and/or market Lov.Cash's services directly to the Data Subject(s) if (i) the Data Subject is one of Lov.Cash' existing clients; (ii) the Data Subject has requested to receive marketing material from Lov.Cash; or (iii) Lov.Cash has the Data Subject's consent to market its services directly to the Data Subject.
- If the Data Subject is an existing client, Lov.Cash will only use his/her/its Personal Information if it had obtained the Personal Information through the provision of a service to the Data Subject and only in relation to similar services to the ones Lov.Cash previously provided to the Data Subject.
- Lov.Cash will ensure that a reasonable opportunity is given to the Data Subject to object to the use of their Personal Information for Lov.Cash's marketing purposes when collecting the Personal Information and on the occasion of each communication to the Data Subject for purposes of direct marketing.
- Lov.Cash will not use your Personal Information to send you marketing materials unless you have consented to receive them. If you request that we stop Processing your Personal Information for marketing purposes, Lov.Cash shall do so. We encourage that such requests to opt-out of marketing be made via forms and links provided for that purpose in the marketing materials sent to you.
SPECIAL PERSONAL INFORMATION AND PERSONAL INFORMATION OF A CHILD
- Special Personal Information is sensitive Personal Information of a Data Subject.
- Lov.Cash acknowledges that it is not allowed to Process Special Personal Information unless:
- Processing is carried out in accordance with the Data Subject's express consent;
- Processing is necessary for the establishment, exercise or defence of a right or obligation in law;
- Processing is necessary to comply with an obligation of international public law;
- Processing is for historical, statistical or research purposes, subject to stipulated safeguards;
- information has deliberately been made public by the Data Subject; or
- specific authorisation has been obtained in terms of POPIA.
- Lov.Cash acknowledges that it may not Process any Personal Information concerning a Child and will only do so where it has obtained the consent of the parent or guardian of that Child or where it is permitted to do so in accordance with applicable laws.
RETENTION OF PERSONAL INFORMATION
- Lov.Cash may keep records of the Personal Information it has collected, corresponded using or commented on in an electronic or hardcopy file format.
- Lov.Cash will retain Personal Information for as long as necessary to fulfil the purposes for which that Personal Information was collected and/or as permitted or required by applicable law.
- Lov.Cash may retain Personal Information for longer periods for statistical, historical or research purposes, and should this occur, Lov.Cash will ensure that appropriate safeguards have been put in place to ensure that all recorded Personal Information will continue to be Processed in accordance with this Policy and the applicable laws.
- Once the purpose for which the Personal Information was initially collected and Processed no longer applies or becomes obsolete, Lov.Cash will ensure that the Personal Information is deleted, destroyed or de-identified sufficiently so that a person cannot re-identify such Personal Information.
- In instances where we anonymise your Personal Information for research or statistical purposes, Lov.Cash may use such anonymised information indefinitely without further notice to you.
FAILURE TO PROVIDE PERSONAL INFORMATION
- Should Lov.Cash need to collect Personal Information by law, such as in-relation to anti-money laundering or under the terms of a contract that Lov.Cash may have with you and you fail to provide the personal data when requested, we may be unable to perform the contract we have or are attempting to enter into with you.
- In such a case, Lov.Cash may have to decline to provide or receive the relevant services, and you will be notified where this is the case.
SAFE-KEEPING OF PERSONAL INFORMATION
- Lov.Cash has implemented physical, organisational, contractual and technological security measures to keep all Personal Information secure, including measures protecting any Personal Information from loss or theft, and unauthorised access, disclosure, copying, use or modification.
- Lov.Cash will notify the Regulator and the affected Data Subject (unless the law requires that we delay notification to the Data Subject) in writing in the event of a security breach (or a reasonable belief of a security breach) in respect of that Data Subject's Personal Information.
- Lov.Cash will provide such notification as soon as reasonably possible after it has become aware of any security breach of such Data Subject's Personal Information.
PROVISION OF PERSONAL INFORMATION TO THIRD PARTIES
- Lov.Cash may disclose Personal Information to Third-Party service providers and will enter into written agreements with such Third-Party service providers to ensure that they Process any Personal Information in accordance with the provisions of this Policy and the Act.
- Lov.Cash notes that such Third Parties may assist Lov.Cash with the purposes listed in paragraph 9.3 above – for example, service providers may be used, inter alia, to: provide telephone support, assist in the provision of IT or marketing products or services, notify the Data Subjects of any pertinent information concerning Lov.Cash, and/or for data storage.
- Lov.Cash will disclose Personal Information with the consent of the Data Subject or if Lov.Cash is permitted to do so without such consent in accordance with the applicable laws.
- Further, Lov.Cash may also send Personal Information to a foreign jurisdiction outside of the Republic of South Africa in order to achieve the purpose(s) for which the Personal Information was collected and Processed, including for Processing and storage by Third-Party service providers.
- When Personal Information is transferred to a jurisdiction outside of the Republic of South Africa, Lov.Cash will obtain the necessary consent to transfer the Personal Information to such foreign jurisdiction or may transfer the Personal Information without the necessary consent where Lov.Cash is permitted to do so in accordance with the laws applicable to the trans-border flows of Personal Information under the Act.
- The Data Subject should also take note that the Processing of Personal Information in a foreign jurisdiction may be subject to the laws of the country in which the Personal Information is held, and may be subject to disclosure to the governments, courts of law, enforcement or regulatory agencies of such other country, pursuant to the laws of such country.
ACCESS TO PERSONAL INFORMATION
- Lov.Cash may request the Data Subject to provide sufficient identification to permit access to, or provide information regarding the existence, use or disclosure of the Data Subject's Personal Information.
- Any such identifying information shall only be used for the purpose of facilitating access to or information regarding the Personal Information.
- The Data Subject can, request in writing, to review any Personal Information about the Data Subject that Lov.Cash holds including Personal Information that Lov.Cash has collected, utilised or disclosed.
- Lov.Cash will provide the Data Subject with any such Personal Information to the extent required by law and any of Lov.Cash's policies and procedures which apply in terms of the Promotion of Access to Information Act, No 2 of 2000 ("PAIA").
- The Data Subject can challenge the accuracy or completeness of his/her/its Personal Information in Lov.Cash's records at any time.
- If a Data Subject successfully demonstrates that their Personal Information in our records is inaccurate or incomplete, Lov.Cash will ensure that such Personal Information is amended or deleted as required (including by any Third Parties).
KEEPING PERSONAL INFORMATION ACCURATE
- Lov.Cash will take reasonable steps to ensure that all Personal Information is kept as accurate, complete and up-to-date as reasonably possible.
- Lov.Cash may not always expressly request the Data Subject to verify and update his/her/its Personal Information, unless this process is specifically necessary.
- Lov.Cash, however, expects that the Data Subject will notify Lov.Cash from time to time in writing of any updates required in respect of his/her/its Personal Information.
COSTS TO ACCESS TO PERSONAL INFORMATION
- The prescribed fees to be paid for copies of the Data Subject's Personal Information are listed in Lov.Cash's website, which will be updated from time to time
CHANGES TO THIS POLICY
- Lov.Cash may regularly amend or add new terms to this Policy - please review it regularly to make sure you are familiar with the content. Any changes shall come into effect immediately and automatically.
- All comments, questions, concerns or complaints regarding your Personal Information or this Policy, should be forwarded to us as follows — firstname.lastname@example.org
- If a Data Subject is unsatisfied with the manner in which Lov.Cash addresses any complaint with regard to Lov.Cash Processing of Personal Information, the Data Subject can contact the office of the Regulator, the details of which are set out below –
Tel: 012 406 4818
Fax: 086 500 3351