Privacy Policy

This Privacy Policy applies to all Users of our Website, related mobi-sites, software applications, Website and all Services of Appture, collectively referred to as “our Platforms”, which are used to access and purchase our Services.

The purpose of this Privacy Policy is to set out how, why and when Appture (Pty) Ltd (Registration Number: 2015/348528/07) (“Appture” or “Proprietor) uses your Information, Personal Information, and/or Special Personal Information (together “Information”), so as to comply with the Protection of Personal Information Act 4 of 2013 (“POPIA”).

It is important that you read this Privacy Policy together with our Terms and Conditions, privacy notices or policies we may provide and update from time-to-time when we collect or use Your Information.

All definitions and clauses set out in our Terms and Conditions are applicable to this Privacy Policy and should there be any conflict between the terms of this Privacy Policy and our Terms and Conditions, the Terms and Conditions shall prevail.

In order for Appture to provide you with the Services, We need to use some of your Information.

This Privacy Policy describes how we handle the Information we collect about You and/or receive from You. By using our Platforms You agree to the processing of your Information as set out in this Privacy Policy.

In order for Users to access and use our Platforms we collect and process some Information. When you become a Registered User, we have to collect and process your Information to render our Services to You.

When you register to use our Platforms, we may collect, amongst others, the following Information:

1. registered company name/full name as on Identity Document;

2. registration number/identity number;

3. registered physical address;

4. owner/s names (shareholders/members);

5. owner/s identity number/s;

6. directors’ names;

7. directors’ identity numbers;

8. telephone number;

9. cell phone number;

10. email address;

11. Your website URL;

12. Logo/image;

13. Bank details;

14. online identifiers.

In the event that you wish to update or change Your Information You can do this by updating your User Profile.

You warrant that the information you have provided to Us is accurate, current, true and correct and that does not impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent Your affiliation with any person.

When you access our Platforms, whether or not you are a Registered User, We processes some of Your Personal Information. Depending on how You access and use Our Platforms, We may receive:

1. log information, through online identifiers, including information on how, when and for how long You use Our Platforms and other Services, the content You view and search queries You submit.

2. information about the equipment You use to access or use Our Platforms, including the type of device You are using, how You access Our Platforms, Your browser or operating system and Your Internet Protocol address.

3. other information about You from third parties, such as social media.

We process the Information we collect and receive to:

1. identify you;

2. verify your identity;

3. create a User Profile and account for You;

4. enter into a contract with You;

5. provide you with Our Services;

6. comply with the relevant laws in respect of Information that We hold about You.

As a Registered User, We also process Your Information in order to:

1. allow couriers to collect packages or communicate with You, for payment processors to process the payment through a payment portal and to determine how to process payments due to You and buyers of your Goods to contact you.

2. fulfill Our contractual obligations to You when You have ordered Services in terms of our Terms and Conditions.

3. provide You with information, products or services You request from Us.

4. communicate with You regarding Our Platforms and provide You with information, products or Services, including billing, User support and resolving complaints.

5. notify You about changes to Our Platforms, Services, Terms and Conditions, Privacy Policy or notices, and any other changes that impact Our Platforms, and/or Services.

6. send You information about Services that may interest you (unless you have opted out of receiving such information). Please note that You may also receive marketing material based on Your interests, recent orders and browsing behavior. To unsubscribe from marketing material sent to You visit the Website and navigate to the Subscriptions page or unsubscribe when receiving such marketing material.

7. get feedback from You which we need in order to develop Our Services.

8. comply with any legal or regulatory obligations such as tax or financial laws.

9. undertake research for statistical purposes. The research and statistics we get from this process do not include your Personal Information and cannot be linked to you, nor can you be identified from these statistics.

We keep Your Information for as long as:

1. we need it to provide our Platforms and/or Services to You.

2. it is required or allowed by law and is in line with Our internal retention policies (minimum 5 years retention from the last date that We complete providing You with the Services).

3. it is necessary to uphold the contract between You and Us and/or to perform the Services in terms of our Terms and Conditions.

4. You have agreed to Us keeping Your Information, subject to your request for us to stop processing your Personal Information.

Please note that You can stop being a Registered User by cancelling Your Account and User Profile. In this instance Appture will only retain your Personal Information subject to any legislative requirement and/or our internal retention policy.

We will retain Your Information for as long as is necessary to achieve the purpose for which the Information was collected or subsequently processed. If Your Information is used for more than one purpose, We will retain it until the purpose with the latest period expires but We will stop using it for the purpose with a shorter period once that period expires.

By accessing and using the Platform, You consent to Us retaining records of Your Information for no longer than may be necessary to achieve the purpose for which the Information was initially collected or subsequently processed.

We do not sell your Information to third parties for their marketing or any other purposes.

We may provide or make Your Information available to:

1. (in order to enable Us to assist to interact with You via our Platforms for providing You with Our Services) our employees, the staff of the companies in the third party Payment Processor service provider/s.

2. law enforcement, government officials, fraud detection agencies or other third parties when the disclosure of Information is necessary or appropriate in connection with an investigation of fraud, intellectual property infringements, or other activity that is unauthorized, illegal, or may expose us to legal liability or financial loss, to report or support the investigation into suspected illegal activity.

3. third parties (such as a potential purchaser and its professional advisors) in the event of any reorganization, merger, consolation, sale, joint venture, or other disposition of any or all of Our assets.

4. Our service providers, including but not limited to couriers, who help with parts of our business operations (Service delivery, fraud prevention, marketing, public relations, technology services. Website hosting, Website maintenance, Website upgrades, etc.). However, Our contracts dictate that these service providers may only use your Information in connection with the services they perform for Us and not for their own benefit or any other purpose, and must treat such Information as confidential information.

5. Our suppliers or sellers and/or other Users in order for them to liaise directly with You regarding any Goods You have purchased, for them to comply with their regulatory obligations, or for any other purpose which may require their involvement.

We may transfer certain Information outside the geographic borders of South Africa to service providers for purposes set out in this Privacy Policy, including for data storage and back-up purposes to ensure the integrity of Our systems.

If We transfer Your Information outside of the geographic borders of South Africa, We will ensure that We do so in accordance with the requirements for lawful transfer outside of South Africa as set out in POPIA.

By accessing and using our Platforms, You consent to Us transferring Your Information outside of South Africa as set out in POPIA.

We secure the integrity and confidentiality of your Information in our possession or under our control by taking appropriate, reasonable technical and organizational measures to prevent loss of, damage to or unauthorized destruction of Information; and unlawful access to or processing of Information.

In order to implement and maintain such measures, we have in place policies, controls and related processes, which are reviewed and updated on a regular basis.

We are not responsible for, give no warranties, nor make any representations in respect of the privacy policies or practices of linked or any third party websites.

Should you disclose your Information to any third party, other than Appture, Appture shall not be liable for any loss or damage arising or suffered by You as a result of the disclosure of such Information to any third party. This is because we do not regulate or control how that third party uses Your Information. You should always ensure that you read the privacy policy of any third party.

Should you receive Information about another User, you undertake that you will treat that Information in confidentialty and that you will not disclose such Information to any other person at all.

Our contact details, as a Responsible Person for keeping Your Information, and if You need to contact our appointed Information Officer (as defined in POPIA): help@appturepay.com .

Any person requesting Information in terms of POPIA and this Privacy Policy must submit their request in writing to the Information Officer, together with a certified copy of the identity document and company registration document, as may be applicable, which is not older than three months.

1. The person requesting the Information must sign in full on the certified copy of the identity document and company registration document.

2. If it is a company who requests information from APPTURE, a letter from the company providing permission for the release of this Information must be provided.

Appture will then assess this written request and, if valid, will:

1. Provide feedback, in writing, that the request has been approved; and

2. Inform that person of the amount payable for assisting with that request and which payment must be made to Appture upfront before any Information will be released to that person.

3. Appture reserves its right to request a deposit be paid for all part of any estimated fees in connection with such a request.

4. POPIA sets out the prescribed fee that Appture shall be allowed to charge.

If the request for access to information is refused Appture will advise that person of the reasons for the refusal and may advise that such person may lodge an application with the court against the refusal of the request after, that person has exhausted all internal appeal processes within Appture (if applicable).

1. The following are legitimate grounds for refusing requests for Information (this is not an exhaustive list):

   1. Protection of the privacy of a third party who is a natural person;

   2. Protection of commercial information of a third party;

   3. Protection of certain confidential information of a third party;

   4. Protection of safety of individuals and protection of property;

   5. Protection of records privileged from production in legal proceedings;

   6. Commercial information of a private body as defined in POPI;

   7. Protection of research information of a third party and of a private body.

If you are unhappy about how we handle your personal information you may complain to the Information Regulator of South Africa.

We may change the terms of this Privacy Policy at any time by updating this on Our Website. If you do not agree with the changes, then you must stop using the Website and our Services. If you continue to use the Website or Our Services following a change to the terms, the changed terms will apply to You and You will be deemed to have accepted those updated terms.