Privacy Policy

Your privacy is very important to us. Accordingly, we have developed this detailed policy in order for you to understand how we collect, keep and protect and make use of your personal information and when me may disclosure your personal information.

The following outlines our Privacy Policy:

INTRODUCTION

This Privacy Notice provides you with details of how we collect and process your personal data through your use of our Mobile Application

By using our Services and/or registering an account, you are accepting the terms of this Privacy Policy, which forms part of our Terms & Conditions of Use.

By providing us with your data, you warrant that you are over 14 years of age.

FOMO Industries (PTY) Ltd is the data controller and we are responsible for your personal data (referred to as “we”, “us” or “our” in this privacy notice) under the applicable South African laws.

CHANGES TO THIS POLICY

This Privacy Policy was last updated in Nov 2020. We reserve the right to update this Privacy Policy from time to time.

All changes to this Privacy Policy will take effect from the time that we place the updated policy on our Application. You are responsible for reviewing and checking this Privacy Policy whenever you wish to use our Application. If you do not agree with any changes to our Privacy Policy, you must immediately cease to use our Application, delete your user account and also delete or uninstall the Application from your Mobile Device.

WHAT DATA DO WE COLLECT ABOUT YOU?

PERSONAL DATA

Personal data means any information capable of identifying an individual, either from the data directly or from that data combined with other information that we have, or are likely to have, access to. Personal information doesn’t include anonymous or aggregated information that can no longer be used to identify a specific person.

We may process the following categories of personal data about you:

Communication Data: that includes any communication that you send us whether that be through the contact form on our Website, through email, text, social media messaging, social media posting or any other communication that you send us. We process this data for the purposes of communicating with you, for record keeping and for the establishment, pursuance or defense of legal claims. Our lawful ground for this processing is our legitimate interests which in this case are to reply to communications sent to us, to keep records and to establish, pursue or defend legal claims.

User Account Data: When you register an user account, we will require you to provide certain login information, such as a valid email address and password. Registering an user account is optional and you will still be able use the Application, despite choosing not to register an user account.

Geographical- Location Data: For the proper functioning of the Mobile Application, you are required to provide access to, or information regarding your geographical location. Kindly note that we will never use your geographical location to track your where-a-bouts or for any other purpose than to ensure that relevant, location-based Venue Content is made available to you on the Application.

We require the above mentioned Personal Data to operate our Services and to ensure that relevant content is provided to you, to ensure the security of our Services, to maintain back- ups of our Website and/or databases and to enable proper administration of our Services

Sensitive Data: We do not collect any Sensitive Data about you. Sensitive Data refers to data that includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data. We do not collect any information about criminal convictions and offences.

Financial Data: We also do not collect any financial data such as your bank card numbers, bank account information, credit scores, or other monetary facts about you.

HOW WE COLLECT YOUR PERSONAL DATA

We may collect data about you when you provide the data directly to us:

When you choose to register an user account;

When you communicate or interact with us directly by way of filling out forms on our Website, or by e-mailing or contacting us in any other way.

We may also automatically collect certain data from you as you use our Application:

By allowing us access to your geographical-location, we collect information about your geographical- location;

By clicking on certain Specials within the Application: by clicking on links within Content displayed on the Application, and by clicking on “Directions” with regards to Special Locations displayed on our Application, we collect certain, non-personal, statistical information which we will use to provide feedback to our registered Venues.

USE OF YOUR PERSONAL DATA

We will only use your personal data for a purpose it was collected for or a reasonably compatible purpose if necessary. In case we need to use your details for an unrelated new purpose we will let you know and explain the legal grounds for doing so. We may process your personal data without your knowledge or consent where this is required or permitted by law. We do not carry out automated decision making or any type of automated profiling.

Marketing Communications

We may lawfully process your personal data to send you marketing communications based on your consent or by reason of furthering our legitimate business interests. By law we may send you marketing communications from us if (i) you made a purchase or asked for information from us about our goods or services or (ii) you agreed to receive marketing communications and in each case you have not opted out of receiving such communications since.

However, if you don’t want to receive marketing communications from us, you can opt-out at any time. You can ask us to stop sending you marketing materials and unsubscribe by following the opt-out links at the bottom of any marketing message sent to you OR by emailing us directly at [email protected].

DISCLOSURES OF YOUR PERSONAL DATA

Corporate family members

We may disclose your personal data with the parties set out below:

Our professional advisers including lawyers, auditors and insurers

Service providers who provide our IT and system administration services

Third-Party services providers

We may use third-party service providers to assist in offering aspects of our Services, in which case they shall have no authority to independently use any Personal Information they process on our behalf, and shall be subject to the terms of this Privacy Policy.

We require all third parties to whom we disclose your data to respect the security of your personal data and to treat it in accordance with this Privacy Policy and the law. We only allow such third parties to process your personal data for specified purposes and in accordance with our instructions.

As a matter of policy, we do not rent or sell Personal Information about our users with non-affiliated third parties.

Law enforcement and other parties in connection with the law

We reserve the right to share information with private or public authorities that will enable us to fight fraud and abuse on our network, to investigate suspected violations of law, or to fight any other suspected breach of our Terms & Conditions of Use and Privacy Policy

Change of Ownership

In the event that our business or a division of our business is restructured or sold and we transfer all or substantially all of our assets to a new owner, your Personal Information may be transferred to the buyer to enable continuity of the Services.

Statistical Data

We may share certain non-personal statistical information (data that does not identify our users individually) with our Registered Venues, third-party service providers, trusted partners or approved researchers in order to better understand what advertisements, Content or Services may interest you, to improve the overall quality and effectiveness of our Services as well as guide our registered Vendors with regards to the Vendor Content that they post and their use of our Services. .

INTERNATIONAL TRANSFERS

Countries outside of the European Economic Area (EEA) do not always offer the same levels of protection to your personal data, so European law has prohibited transfers of personal data outside of the EEA unless the transfer meets certain criteria. Many of our third parties service providers are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA. Whenever we transfer your personal data out of the EEA, we do our best to ensure a similar degree of security of data by ensuring at least one of the following safeguards is in place:

We will only transfer your personal data to countries that the European Commission have approved as providing an adequate level of protection for personal data by; or

Where we use certain service providers, we may use specific contracts or codes of conduct or certification mechanisms approved by the European Commission which give personal data the same protection it has in Europe; or

If we use US-based providers that are part of EU-US Privacy Shield, we may transfer data to them, as they have equivalent safeguards in place.

If none of the above safeguards is available, we may request your explicit consent to the specific transfer. You will have the right to withdraw this consent at any time.

DATA SECURITY

We have put in place security measures to prevent your personal data from being accidentally lost, used, altered, disclosed, or accessed without authorisation. We also allow access to your personal data only to those employees and partners who have a business need to know such data. They will only process your personal data on our instructions and they must keep it confidential. We have procedures in place to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach if we are legally required to.

DATA RETENTION

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting. If we no longer need your personal information, we will surely dispose of it.

In some circumstances we may anonymise your personal data for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

YOUR ACCES TO YOUR PERSONAL INFORMATION

Under data protection laws you have rights in relation to your personal data that include the right to request access, correction, erasure, restriction, transfer, to object to processing, to portability of data and (where the lawful ground of processing is consent) to withdraw consent. If you wish to exercise any of the rights set out above, please email us at [email protected] You will not have to pay a fee to access your personal data (or to exercise any of the other rights).

RELEVANT NATIONAL LEGISLATION

If this Privacy Policy is regulated by the Consumer Protection Act, 68 of 2008 (“CPA”) or the Electronic Communications and Transactions Act, 25 of 2002 (“ECTA”) or Protection of Personal Information Act, 4 of 2013 (“POPI”), it is not intended that any provision of this Privacy Policy contravenes any provision of the CPA or ECTA or POPI. Therefore, all provisions of this Privacy Policy must be treated as being qualified, to the extent necessary, to ensure that the provisions of the CPA, ECTA and POPI are complied with.

THIRD-PARTY LINKS & PRIVACY POLICIES

This website may include links to third-party websites, plug-ins and Applications. Clicking on those links or enabling those connections may allow third parties to collect, process or share data about you. We do not control these third-party websites and Applications and are not responsible for their privacy policies. This Privacy Policy only addresses the personal information WE collect about you. If you disclose your information to others, or if you are directed to a third-party website or Application, their privacy policy and practices will apply and we strongly encourage that you familiarize yourself with their privacy policies and practices.

CONTACT US

Contact us, by sending us a e-mail to the following e-mail address, [email protected] should you have any further questions or complaints with regards to our Privacy Policy and Practices.