EFFECTIVE DATE: 11 June 2025 LAST
UPDATED: 11 June 2025
1.
Keeping your data safe
1.1.
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).
1.2.
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.
1.3.
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.
1.4.
By agreeing to this Privacy
Policy, you provide Us with your express consent and agreement that we may Process
your Personal Information.
1.5.
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.
2.
What Personal Information do we
Process?
2.1.
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:
2.1.1.
utilise the App by means of posting,
content generation or otherwise;
2.1.2.
request information regarding our or
services via email, telephone or submitting a form through our App;
2.1.3.
set up an account with us;
2.1.4.
sign up to receive communications from us; and/or
2.1.5.
enter a competition promoted on our website.
2.2.
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.
2.3.
You may also opt-in to additional personal information sharing in the
context of group preferences and feedback/survey responses.
3.
How do we use your Personal Information?
3.1.
We Process Personal Information for certain legitimate business
purposes, which may include, but not be limited to:
3.1.1.
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;
3.1.2.
communicating with you in relation to the potential provision of
products and/or services;
3.1.3.
providing you with industry information, surveys, newsletters, offers,
promotions, related products and/or services which may be of interest to you;
3.1.4.
communicating with you in relation to any complaints, issues or disputes;
3.1.5.
analysing marketing data, promotional campaigns or website visits in
order to make improvements to our products and/or services; and/or
3.1.6.
requesting user feedback relating to the provision of our products
and/or services.
3.2.
We may use cookies or analytics tools to improve app performance and
understand usage trends. These tools do not collect personal data.
4.
Who do we share your Personal
Information with?
4.1.
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:
4.1.1.
associate consultants when providing products and/or services to you;
4.1.2.
our IT and CRM support service providers in connection with maintaining
our systems and continuation of services to you;
4.1.3.
our employees, in order to enable them to assist us to interact with you
via the App; and
4.1.4.
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.
4.2.
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.
4.3.
We may share anonymized or aggregated data with trusted partners for
analytics or research purposes.
5.
Where do we store your Personal
Information?
5.1.
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.
5.2.
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.
5.3.
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.
6.
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.
7.
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.
8.
Third party sites
8.1.
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.
8.2.
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.
8.3.
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.
9.
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.
10.1. You have various rights
with respect to our use of your Personal Information, these include:
10.1.1.
accessing and obtaining a copy of your Personal Information on request;
10.1.2.
requiring the organisation to change incorrect or incomplete Personal
Information;
10.1.3.
requiring the organisation to delete or stop Processing your data;
10.1.4.
the right to be notified should there be any unauthorised access of your
Personal Information; and
10.1.5.
the right to be provided with reasonable evidence of our compliance with
our obligations under this Privacy Policy on reasonable notice and request.
10.2. If you would like to
exercise any of these rights, please contact us on the App.
11.
General
11.1. 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.
11.3. Subject to 11.2, this Privacy Policy shall
apply for the benefit of and be binding on each party’s successors and assigns.
11.4. Our failure to exercise or
enforce any right or provision of this Privacy Policy shall not constitute a
waiver of such right or provision.
11.5. 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
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.
