Privacy Policy

At Instant Proconnect (Pty) Limited registration number: 2022/822614/07 (“Instant Proconnect”) we adhere to the highest standards of protecting your personal information when we process it by virtue of your use of our Services or our Platform [insert URL] or any related Platforms or applications (collectively, “the Platform”), or by providing us with your personal information in any other way. As such, we have created this Privacy Policy for you to read and to understand how we safeguard your personal information and respect your privacy (“Privacy Policy)”.

Please note that Instant Proconnect is a private company duly registered and operating in accordance with the laws of the Republic of South Africa.

Not all terms are necessarily defined in order or may be defined in our Terms & Conditions of Use (“Terms”).

Please ensure that you read all the provisions below, and our policies and guidelines which may apply from time to time, to understand all of your, and our, rights and duties.

Important Information and Who We Are

Purpose of this Privacy Policy

This Privacy Policy aims to give you information on how we collect and process your personal information through any form of your engagement with us. This Privacy Policy complies with, and facilitates the obligations required from, the South African Protection of Personal Information Act, No. 4 of 2013 (“POPIA”), as amended.

It is important that you read this Privacy Policy together with any other Privacy Policy or fair processing notice we may provide on specific occasions when we are collecting or processing personal information about you, so that you are fully aware of how and why we are using your personal information. This Privacy Policy supplements the other notices and is not intended to override them.

We do not process the data of minors. Do not provide us with any such personal data, as it will constitute an immediate and automatic material breach of this Privacy Policy and our Terms.

Due to the nature of our services, we may process special categories of personal information. We process this information to provide our services and to ensure our platform users receive the best possible service. By accepting this Privacy Policy, you expressly and informedly consent to our processing of such special categories of personal information where we will always store and process such data at a higher standard than conventional personal information.

Responsible Party and Operator

Instant Proconnect is the (“Responsible Party") and is responsible for your personal information when we decide the processing operations of your personal information. In certain instances, we operate as an “Operator” of personal information on behalf of a Responsible Party who use our services. In that case, that Responsible Party’s Privacy Policy will apply to your use of their services.

We have appointed an Information Officer at Instant Proconnect who is responsible for overseeing questions in relation to this Privacy Policy. If you have any questions about this Privacy Policy, including any requests to exercise your legal rights, please contact our Information Officer using the details set out below.

Our Contact Details:

• Legal entity: Instant Proconnect (Pty) Limited
• Information Officer: Tribe Mkwebu
• Email address: admin@instantproconnect.co.za
• Postal address:  Atrium on 5th, 9th Floor, 5th Street, Sandton, Gauteng 2196, South Africa
• Telephone number: +27 (10) 143-1648

What We Collect About You

Personal information, or personally identifiable information, means any information about an individual, both natural and juristic entities (people and companies), from which that entity can be identified. It does not include information where the identity has been removed (anonymous data).

We may collect, use, store, and transfer (“process”) different kinds of personal information about you which we have grouped together as follows:

Identity Data: including full names, 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, birth, interests, preferences, approximate location, as well as height and weight and other bio metric information and/or the information about your company such as company name, type, logo, addresses and/or company registration details.

Content: any content shared by you when you use our Services including photos, videos, audio, text and other types of content, such as your chats, messages and interactions with other users.

Contact Data: including email address, billing address and contact numbers.

Account Data: including all information available in your Platform account including any support enquiries.

Financial Data: including bank account details, third-party payment provider information and payment card details (which we do not store but is processed by our payment service provider).

Social Media Data: including all information available on your public social media profiles including posts, stories, likes and comments.

Transaction Data: including details about payments to and from you, contracts, contractual terms, contract fees, signups, purchases, subscriptions, invoices and other details of products and services you have obtained from us or provide to us.

Technical Data: including internet protocol address/es, login data, browser type and version, time zone setting and location, cookies, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access the Platform.

Usage Data: including information about how you use our company, Platform, surveys, and services.

Marketing and Communications Data: including messages sent or received by you to or from other users while using the Platform or our Services, messages sent to us, your preferences in receiving notices and marketing from us and our third parties and your communication preferences as well as details of which communications were sent to you and how they were sent.

Business Data and Reviews: including data regarding your business, the services required by or performed by you as well as the reviews of your services by users who have made use thereof (which reviews may be publicised on our Platform).

We also collect, use, and share Aggregated Data. Aggregated Data may be derived from your personal information but is not considered personal information in law as this data does not directly or indirectly reveal your identity. However, if we combine or connect Aggregated Data with your personal information so that it can directly or indirectly identify you, we treat the combined data as personal information which will be used in accordance with this Privacy Policy.

Where we need to collect personal information by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you. In this case, we may have to cancel your access to our Platform or services, but we will notify you if this is the case at the time.

How Is Your Personal Information Collected?

We use different methods to collect personal information from and about you, including through:

Direct interactions: You may give us your personal information by corresponding with us through the Platform, email or otherwise. This includes personal information you provide when you:

• use our Services;
• use our Platform;
• contract with us;
• provide any services to us as a service provider or independent contractor on contract with us;
• request information to be sent to you;
• give us feedback;
• other users of our Platform;
• analytics providers;
• marketing platforms;
• messaging platforms;
• search information providers; and
• payment service providers.

How We Use Your Personal Information

We will only use your personal information when the law allows us to and for legitimate reasons, which you hereby expressly understand and consent to. Most commonly, we will use your personal information in the following circumstances:

• where we have your express consent to do so;
• where we need to consult with you or perform on the Services contract we are about to enter into or have entered into with you;
• where it is necessary for our legitimate business interests (or those of a third party) and your interests and fundamental rights do not override those interests; and/or
• where we need to comply with a legal or regulatory obligation.

Purposes For Which We Will Use Your Personal Information

We have set out below the purposes for which we will process your personal information, which includes:

• to engage with you after you have contacted us via the Platform or otherwise;
• to allow you to use our Services and to provide you with our Services as contracted;
• to allow you to communicate and share information with other users of our Platform;
• to contract with you as a service provider to Instant Proconnect;
• to provide it to our authorised service providers who need your personal information to provide their services to you (such as our payment gateway);
• to process and service your payment for any Services rendered by Instant Proconnect or its service providers;
• to manage payments, fees, and charges;
• to manage our relationship with you which may include notifying you about changes to our Terms, Privacy Policy, or Services or the delivery of communications and the effectiveness thereof;
• to administer and protect our company, Platform and Services (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data);
• to use data analytics to improve our Platform, Services, client relationships and experiences; and
• to provide you with direct marketing and make suggestions about goods/services that may be of interest.

Disclosures Of Your Personal Information

We may have to share your personal information with the parties set out below for the purposes set out above.

• Internal Third Parties including other entities or parties in the Instant Proconnect group and their respective directors and employees, acting as joint responsible parties or operators;
• External Third Parties including:
  • authorised third-party service providers under contract with Instant Proconnect who need your personal information to provide their services to you pursuant to your use of our services;
  • service providers and contractors providing their services to us and acting as operators of your personal information on instruction from us;
  • South African or other national governments and/or their respective authorities pursuant to our adherence with legislative requirements; such as tax; and
  • professional advisers acting as operators or joint responsible parties including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services as required.
• Third parties to whom we may choose to sell, transfer, or merge parts of our company or our assets. Alternatively, we may seek to acquire other organisations or merge with them. If such a change happens to our company, we may continue to use your personal information in the same way as set out in this Privacy Policy.

Cookies

The Platform may make use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a platform can use (and which we may use) to recognise repeat users, facilitate the user’s on-going access to and use of a platform and allow a platform to track usage behaviour and compile aggregate data that will allow the platform operator to improve the functionality of the platform and its content, and to display more focused advertising to a user by way of third party tools.

The type of information collected by cookies is not used to personally identify you. If you do not want information collected using cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Please note that cookies may be necessary to provide you with certain features available on our Platform and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Platform will therefore be limited. If you do not disable “cookies”, you are deemed to consent to our use of any personal information collected using those cookies, subject to the provisions of this Privacy Policy and our other policies or terms.

International Transfers

We may share and process your personal information outside of South Africa for the purpose of cloud storage or to engage with third parties or for purposes of providing any Services or as may be shared within Instant Pro Connect’s group of companies or processed outside of South Africa by their employees, directors or agents as part of the group structure and operations.

Whenever we may transfer your personal information out of South Africa, we will ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

• We will only transfer your personal information to countries that have appropriate data protection legislation in place similar to that of South Africa; and/or
• Where we use service providers, we will use specific contracts/clauses which ensure personal information is processed and secured lawfully.

Data Security

We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used, or accessed in an unauthorised way, altered, or disclosed by making use of threat detection and malware software to prevent and detect data and cyber security breaches. We also limit access to your personal information to those employees, agents, contractors and other third parties who have a legitimate need to know. They will only process your personal information on our instruction and are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal information breach and will notify you and the Information Regulator of a breach where we are legally required to do so.

Data Retention

We will only retain your personal information for as long as necessary to fulfil the purpose we collected it for including any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorised use or disclosure of your personal information, the purpose for which we process your personal information, any other South African applicable law requiring us to retain the personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.

We may also anonymise your personal information (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

Your Legal Rights

You have rights in relation to your personal information where we are the relevant “Responsible Party” over such personal information. Please contact us to find out more about, or manifest, these rights:

• request access to your personal information;
• request correction of your personal information;
• request erasure of your personal information;
• object to the processing of your personal information;
• request a restriction of processing your personal information;
• request transfer of your personal information; and/or
• right to withdraw consent.