THE GOBUDDY PRIVACY NOTICE

In order to provide our services to you, we need to collect some personal information from you, and we understand that protecting your personal information is important. This Privacy Notice sets out our commitment to protecting the privacy of personal information provided to us, or otherwise collected by us, offline or online, including through our services, website and mobile application (“the Platform”). In this Privacy Notice “we, us or our” means Gobuddy Network (Pty) Ltd.

Justification for processing of your personal information

The legal justification for processing of your personal information is based on two grounds – contract and consent.  Firstly, when you use out Platform, you enter into a legally binding contract with us, based on our terms of use, which can be accessed on the app.  In order for us to deliver the services of the Platform, we need to process certain personal information about you and you accordingly contractually authorize us to do so.  In addition thereto, where we need to process your personal information in other contexts, as provided for in this Privacy Notice, we do so because you consented thereto by providing us with your personal information in that specific context.  Note that you may withdraw this consent at any time.

Personal information

The types of personal information we may collect about you include:

• your name;
• your contact details, including email address, mailing address, street address and/or telephone number;
• your age and/or date of birth;
• your credit card or payment details (through our third party payment processor);
• your preferences and/or opinions;
• information you provide to us through customer surveys;
• details of products and services we have provided to you and/or that you have enquired about, and our response to you;
• your browser session and geo-location data (including mobile location service data), device and network information, statistics on page views and sessions, acquisition sources, search queries and/or browsing behaviour;
• information about your access and use of our Platform, including through the use of Internet cookies, your communications with our online services, the type of browser you are using, the type of operating system you are using and the domain name of your Internet service provider;
• additional personal information that you provide to us, directly or indirectly, through your use of our Platform, associated applications, associated social media platforms and/or accounts from which you permit us to collect information, which may include photographs and videos uploaded by you; and
• any other personal information requested by us and/or provided by you or a third party.
• If you are a customer who uses our mobile application, we may also collect the pick-up and delivery points for any goods you would like to be delivered.
• If you are a transporter who uses our mobile application, we may also collect images of you; information to conduct verification and identity checks, including a police check, a copy of your driver’s licence, details of your car registration; your route data (for carbon auditing purposes); your routes travelled and destinations travelled to; and

• your business details, including business name, ABN, and business contact details;

 We may collect these types of personal information directly from you or from third parties.

Collection and use of personal information

We may collect, hold, use and disclose personal information for the following purposes:

• to enable you to access and use our Platform, associated applications and associated social media platforms and to enable the proper functioning of the Platform and the said associated applications and social media platforms;
• to contact and communicate with you;
• for internal record keeping, administrative purposes, invoicing and billing purposes;
• for analytics, market research and business development, including to operate and improve our Platform, associated applications and associated social media platforms;
• to plan, register and administer carbon offset projects and the generation, trade and retirement of carbon offsets;
• to run promotions, competitions and/or offer additional benefits to you;
• for advertising and marketing, including to send you promotional information about our products and services and information that we consider may be of interest to you; and
• to comply with our legal obligations and resolve any disputes that we may have.

Retention of personal information

We will retain your personal information only for as long as it is reasonably necessary to do so in relation to any of the above-mentioned reasons for processing it, or for such period as may be required by any applicable law.  In some instances, we may need to retain only some, and not all, of the personal information that you have shared with us and in such cases we undertake to retain the minimum extent of personal information as may be required.  In general, we will need to retain most of your personal information only for a period of up to 6 (Six) months after you remove your account from our Platform.  However, some personal information, such as sales information (which may be relevant for tax purposes) or information relating to carbon emissions, routes travelled (which may be relevant to carbon offset programs) may be retained for longer periods. 

We may also anonymise certain of your personal information (permanently de-linking it from you so that you can no longer be identified or associated with the information) instead of deleting or destroying it, in which event we may retain it for an indefinite period.

Disclosure of personal information to third parties

We may disclose personal information to:

• third party service providers for the purpose of enabling them to provide their services, including (without limitation) our app developers, IT service providers, data storage, payment processors, web-hosting and server providers, debt collectors, maintenance or problem-solving providers, marketing or advertising providers, professional advisors and payment systems operators.  Please refer to Schedule 1 for a list of service providers with whom we share your personal information on a regular basis;
• other users of the Platform – for example, if you wish to send a package, ome of your details will need to be shared with the transporter and if you are a transporter, some of your details will need to be shared with a person requesting collection and delivery of a package
• our employees, contractors and/or related entities;
• our existing or potential agents or business partners;
• sponsors or promoters of any promotions or competition we run;
• anyone to whom our business or assets (or any part of them) are, or may (in good faith) be, transferred;
• credit reporting agencies, courts, tribunals and regulatory authorities, in the event you fail to pay for goods or services we have provided to you;
• courts, tribunals, regulatory authorities and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights;
• carbon offset consultants, auditors and verification bodies;
• third parties, including agents or sub-contractors, who assist us in providing information, products, services or direct marketing to you. This may include parties located, or that store data, outside of South Africa; and
• third parties to collect and process data, such as Google Analytics and Reverse Ads. This may include parties that store data outside of South Africa.

Where we share your personal information with parties outside of South Africa we will do so only if they are subject to data privacy laws offering similar protections to those in South Africa; or where they have entered into a written contract with us undertaking to provide such protection and privacy; or if they are subject to corporate binding rules requiring such privacy and security.

Special personal information

Special personal information is a sub-set of personal information that is given a higher level of protection under the Protection of Personal Information Act 4 of 2013 (“POPIA”). It includes information relating to your racial or ethnic origin, political opinions, religion, trade union or other professional associations or memberships, philosophical beliefs, sexual orientation, sexual practices or sex life, criminal records, health information or biometric information, as well as information relating to children.

If you are a Gobuddy Transporter, you hereby agree that we may process your criminal records, for purposes of performing a background check and clearing you to provide transport services to other users of our Platform.

Provided you consent thereto, your special personal information may only be used and disclosed for purposes relating to the primary purpose for which it was collected or as provided for in applicable laws.

Your rights and controlling your personal information

Your choice: Please read this Privacy Notice carefully. If you provide personal information to us, you understand we will collect, hold, use and disclose your personal information in accordance with this Privacy Notice. You do not have to provide personal information to us, however, if you do not, it may affect your use of our Platform.

Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this Privacy Notice. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.  If you are the parent or legal guardian of a person under the age of 18 and you submit their personal information to us, you hereby authorise the processing of their personal information.  If you have turned 18 and your parent or legal guardian has previously authorised the processing of your personal information, you agree that such authorisation will remain valid until such time as you explicitly withdraw it.

Restrict and unsubscribe: To object to processing for direct marketing/unsubscribe from our email database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.

Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to promptly correct any information found to be inaccurate, incomplete, misleading or out of date.

Complaints: If you wish to make a complaint, please contact us using the details below and provide us with full details of the complaint. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take in response to your complaint. You also have the right to contact the Information Regulator, whose details may be found on their website.

For more information on exercising the above-mentioned and other rights, please refer to our PAIA manual.

Storage and security

We are committed to ensuring that the personal information we collect is secure. In order to prevent unauthorised access or disclosure, we have put in place reasonable technical and organisational measures, which include physical, electronic measures and managerial procedures, to safeguard and secure personal information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure. We cannot guarantee the security of any information that is transmitted to or by us over the Internet. The transmission and exchange of information is carried out at your own risk. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that the personal information we collect will not be disclosed in a manner that is inconsistent with this Privacy Notice.

Cookies and web beacons

We may use cookies on our online services from time to time. Cookies are text files placed in your computer’s browser to store your preferences. Cookies, by themselves, do not tell us your email address or other personally identifiable information. However, they do allow third parties, such as Google and Facebook, to cause our advertisements to appear on your social media and online media feeds as part of our retargeting campaigns. If and when you choose to provide our online Services with personal information, this information may be linked to the data stored in the cookie.

You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our online Services.

We may use web beacons on our online services from time to time. Web beacons (also known as Clear GIFs) are small pieces of code placed on a web page to monitor the visitor’s behaviour and collect data about the visitor’s viewing of a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page.

We may use Google Analytics to collect and process data. To find out how Google uses data when you use third party websites or applications, please see or any other URL Google may use from time to time.

Links to other websites

Our Services may contain links to other websites. We do not have any control over those websites and we are not responsible for the protection and privacy of any personal information which you provide whilst visiting those websites. Those websites are not governed by this Privacy Notice.

Amendments

We may, at any time and at our discretion, vary this Privacy Notice by publishing the amended Privacy Notice on our website. We recommend you check our website regularly to ensure you are aware of our current Privacy Notice.

Contact us

For any questions or concerns regarding your personal information, please contact us via email to

SCHEDULE 1 – REGULAR THIRD-PARTY SERVICE PROVIDERS WITH WHOM WE SHARE PERSONAL INFORMATION

Tradesafe Holdings (PTY) Ltd

Google LLC

Xero

Regula

FirstRand Bank