Privacy Policy

Keeping your data safe

Nesty Proprietary Limited (“Nesty”, “We” or “Us”) takes your privacy seriously and is committed to being fair and transparent about how we may collect, get, receive, record, organise, collate, store, update, change, retrieve, read, process, consult, use and share your Personal Information in the manner set out in this Privacy Policy. When we do one or more of these actions with your Personal Information, we are “Processing” your Personal Information (with “Process” having a corresponding meaning).
This Privacy Policy sets out how we Process your Personal Information as well as your rights in relation thereto when utilising our mobile application (“App”) or any services related thereto. If you have any queries or would like any further information relating to this Privacy Policy or about exercising any of your rights, please contact us through the App or via electronic mail. It is important for you to read this Privacy Policy together with the Terms and Conditions displayed on the App as well as any other additional policies which may be published by Us from time to time, it being recorded that words defined in the Terms and Conditions have the same meaning in this Privacy Policy.
All the provisions of this Privacy Policy are important, but please pay special attention to the parts that are in bold writing. These parts contain information about provisions that have special consequences for you. These parts are only intended to bring such provisions to your attention, and, where necessary, to explain their fact, nature and effect.
By agreeing to this Privacy Policy, you provide Us with your express consent and agreement that we may Process your Personal Information.
If you do not agree with this Privacy Policy or are concerned about any aspect as it relates to your Personal Information, please do not continue to use the App or our related services.

What Personal Information do we Process?

The Personal Information that we Process about you may include: your name, surname, email address, gender, online identifiers and date of birth (“Personal Information”). We collect this Personal Information from you when you:

utilise the App by means of posting, content generation or otherwise;
request information regarding our or services via email, telephone or submitting a form through our App;
set up an account with us;
sign up to receive communications from us;
and/or
enter a competition promoted on our website.

In addition to the Personal Information contemplated above, we may also automatically collect traffic data, location data, App usage statistics, App user feature interactions, device information and information derived from web logs and other communication data and related resources when you visit utilise the App.
You may also opt-in to additional personal information sharing in the context of group preferences and feedback/survey responses.

How do we use your Personal Information?

We Process Personal Information for certain legitimate business purposes, which may include, but not be limited to:

effectively operating the App including, but not limited to: improving the overall user experience and functionality, personalising content and group recommendations, monitoring safety, enforcing community guidelines and sending user notifications;
communicating with you in relation to the potential provision of products and/or services;
providing you with industry information, surveys, newsletters, offers, promotions, related products and/or services which may be of interest to you;
communicating with you in relation to any complaints, issues or disputes;
analysing marketing data, promotional campaigns or website visits in order to make improvements to our products and/or services; and/or
requesting user feedback relating to the provision of our products and/or services.

We may use cookies or analytics tools to improve app performance and understand usage trends. These tools do not collect personal data.

Who do we share your Personal Information with?

Your Personal Information will only be accessed in accordance with this Privacy Policy and by those who have a legitimate interest. This may on occasion mean that your Personal Information will be shared with a trusted third party in the course of fulfilling our contractual obligations to you, for example:

associate consultants when providing products and/or services to you;
our IT and CRM support service providers in connection with maintaining our systems and continuation of services to you;
our employees, in order to enable them to assist us to interact with you via the App; and
law enforcement, government officials, fraud detection agencies or other third parties when the disclosure of Personal Information is necessary or appropriate in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose us to legal liability or financial loss, to report or support the investigation into suspected illegal activity.

Where we engage third parties to Process Personal Information on our behalf, they do so on the basis of written instructions, are under a duty of confidentiality and are obliged to implement appropriate technical and organisational measures to ensure the security of the relevant Personal Information.
We may share anonymized or aggregated data with trusted partners for analytics or research purposes.

Where do we store your Personal Information?

We take appropriate reasonable technical and organisational measures to secure the integrity of Personal Information, using accepted technological standards to prevent unauthorised access to or disclosure of your Personal Information, and protect your Personal Information from misuse, loss, alteration or destruction.
Please note that, even by taking the above measures when Processing Personal Information, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of data transmitted to our website.
Any transmission is at your own risk, we will not be liable for any loss, claim and/or damage arising from any unauthorised access, disclosure, misuse, loss, alteration or destruction of Personal Information. Once we have received your Personal Information, we will use strict procedures and security features to try to prevent unauthorised access.

How long will we keep your Personal Information?

We may keep your Personal Information for as long as you continue to access the App and where we have identified a legitimate business interest; in order to communicate with you regarding any of our products and/or services that may be of interest to you. You may change your preferences at any time or unsubscribe by clicking on the link provided on our communications. You may also exercise your right to unsubscribe at any time by contacting us through the App.

Changes to this Privacy Policy

To the extent allowed by law, this Privacy Policy may be updated or amended by us at any time in our sole discretion, provided that if we do so, we will post the revised policy on the App and take reasonably practicable steps to ensure that you are aware of the updated Privacy Policy. Accordingly, please check this Privacy Policy for changes periodically. If you continue to access or use the App and/or any related services after amendments are made and displayed, you will be deemed to have accepted these changes.

Third party sites

To the extent allowed by law, we are not responsible for the privacy practices of a third party site to which there may be a link on our App, or for any claims, loss or damage arising from these.
We advise you to read the privacy policy of each site which you visit and to determine your privacy settings in accordance with your personal preferences.
You hereby expressly agree that We are not liable if you suffer losses or damages when visiting third party websites by following a link to that website from our website. You accept that there may be risks when you use such third party websites, and you do so at your own risk.

Consumer Protection Act, Protection of Personal Information Act and other laws

If this Privacy Policy or any provision in this Privacy Policy is regulated by or subject to the Consumer Protection Act, the Protection of Personal Information Act 4 of 2013 (“POPIA”) or other laws, it is not intended that any provision of this Privacy Policy contravenes any provision of the Consumer Protection Act, POPIA or such other laws. Therefore, all provisions of this Privacy Policy must be treated as being qualified, to the extent necessary, to ensure that the provisions of the Consumer Protection Act, POPIA and such other laws are complied with.

Your Rights

You have various rights with respect to our use of your Personal Information, these include:

accessing and obtaining a copy of your Personal
Information on request;
requiring the organisation to change incorrect or incomplete Personal Information;
requiring the organisation to delete or stop Processing your data;
the right to be notified should there be any unauthorised access of your Personal Information; and
the right to be provided with reasonable evidence of our compliance with our obligations under this Privacy Policy on reasonable notice and request.

If you would like to exercise any of these rights, please contact us on the App.

General

You agree that this Privacy Policy, our relationship and any dispute of whatsoever nature relating to or arising out of this Privacy Policy whether directly or indirectly, shall be governed by the laws of the Republic of South Africa.
You agree that we may, at any time, transfer, cede, delegate or assign any or all of our rights and obligations under this Privacy Policy without your consent. We will notify you if we transfer, cede, delegate or assign any rights or obligations to a third party, but we do not have to notify you if we transfer, cede, delegate or assign any rights or obligations to any of our affiliates or to any person which acquires all or part of our business and/or assets. We may also sub-contract our obligations without your consent and we do not have to notify you if we sub-contract any of our obligations.
Subject to 11.2, this Privacy Policy shall apply for the benefit of and be binding on each party’s successors and assigns.
Our failure to exercise or enforce any right or provision of this Privacy Policy shall not constitute a waiver of such right or provision.
Each provision of this Privacy Policy, and each part of any provision, is removable and detachable from the others. As far as the law allows, if any provision of this Privacy Policy, or part of a provision, is found by a court or authority of competent jurisdiction to be invalid, illegal or unenforceable (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction), it must be treated as if it was not included in this Privacy Policy and the rest of this Privacy Policy will still be valid and enforceable

Queries

If you have questions about our Privacy Policy, please contact us through the App.
You will have a right to lodge a complaint to the Information Regulator (inforeg@justice.gov.za) for any contravention of POPIA.