Privacy Policy
Flash Mobile Vending (Pty) Ltd
REGISTRATION NUMBER : 2010/000777/07
1. Introduction
1.1. For purposes of this Statement:
1.1.1. “Applicable Laws” means all laws, regulations that Flash is required to comply with;
1.1.2. “Client”, “Supplier” or “you” means any prospective, new or existing client or supplier or vendor of Flash and
1.1.3. “Flash” or “we” or “us” means Flash Mobile Vending Proprietary Limited Registration Number : 2010/000777/07
1.1.4. “Personal information” means information relating to an identifiable, living, natural person, and where applicable an identifiable, existing juristic person, including, but not limited to, the name, race, gender, marital status, address and identifying number of a person, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person.
1.2. This Statement sets out how your personal information will be used by Flash and applies to any information, including personal and special personal information, you give to Flash or which Flash may collect from third parties.
1.3. It is important that you read this Statement carefully before submitting any personal information to Flash.
1.4. By submitting any personal information to Flash you provide consent to the processing of your personal information as set out in this Statement.
1.5. The provisions of this Statement are subject to mandatory, unalterable provisions of Applicable Laws;
1.6. Please do not submit any personal information to Flash if you do not agree to any of the provisions of this Statement. If you do not consent to the provisions of this Statement, or parts of the Statement, Flash may not be able to provide its products and services to you.
2. How to contact us
If you have any comments or questions about this Statement please contact the Information Officer at POPIA@Flash.co.za
3. Amendments of this Statement
3.1. We may amend this Statement from time to time for any of the following reasons:
3.1.1. to provide for the introduction of new systems, methods of operation, services, products, property offerings or facilities;
3.1.2. to comply with changes to any legal or regulatory requirement;
3.1.3. to ensure that our Statement is clearer and more favourable to you;
3.1.4. to rectify any mistake that may be discovered from time to time; and/or
3.1.5. for any other reason which Flash, in its sole discretion, may deem reasonable or necessary.
3.2. Flash will take reasonable steps to notify you of such an amendment, including publication on our website. It is your responsibility to check the website often.
4. Privacy and indemnity
4.1. Flash takes your privacy and the protection of your personal information very seriously, and we will only use your personal information in accordance with this Statement and applicable data protection legislation. It is important that you take all necessary and appropriate steps to protect your personal information yourself (for example, by ensuring that all passwords and access codes are kept secure).
4.2. We have implemented reasonable technical and operational measures to keep your personal information secure.
4.3. You hereby indemnify and hold Flash harmless from any loss, damages or injury that you may incur as a result of incorrect or incomplete personal information to Flash.
5. Information which we may collect about you
5.1. You, as the data subject, consent to the collection of the following information about you:
5.1.1. personal information that may include your name, address, contact details, date of birth, place of birth, identity number, passport number, bank details, details about your employment, tax number and financial information;
5.1.2. records of correspondence or enquiries from you or anyone acting on your behalf;
5.1.3. details of transactions you carry out with us;
5.1.4. details of contracts, sales or leases you carry out with us;
5.1.5. sensitive or special categories of personal information, including biometric information, such as images, fingerprints and voiceprints.
5.1.6. consumer credit information at any credit bureau or third party, subject to clauses 9.1.16 to 9.1.18 below.
5.2. Where you provide us with the personal information of third parties you should take steps to inform the third party that you need to disclose their details to us, identifying us. In addition, you should not share their personal information with us, unless they have consented to you sharing such information with us and to us processing such information in accordance with this Statement.
6. Information of children
6.1. We do not intend to collect and/or process any personal information of children, unless we make this clear. If you do provide any personal information to us of children then you warrant that this is done with the consent of the child’s parent or legal guardian to use this information as set out in this Statement.
7. Suppliers and vendors
7.1. In the course of our business agreement we may collect personal information about you as a data subject to ensure that the business agreement and matters relating to the agreement can be fulfilled.
7.2. We may also do due diligence on you to ensure that you meet the requirements set out in our procurement procedures.
7.3. If you provide any personal information of other persons to us, such as employees or your directors, you warrant that you are authorised to share their personal information with us for purposes set out in the Statement.
8. How we collect information
8.1. You may provide personal information to us either directly or indirectly (through an agent acting on your behalf, or an introducer), by completing an application form for our products and services or requesting further information about our products and services, whether in writing, through our website, over the telephone or any other means.
8.2. We may also collect your personal information for lawful purposes from your appointed agent, any regulator, or other third party that may hold such information.
9. Use of information collected
9.1. We may use, transfer and disclose your personal information for the purposes of:
9.1.1. providing you with the services, products or offerings you have requested, and notifying you about important changes to these services, products or offerings;
9.1.2. managing your account or relationship and complying with your instructions or requests;
9.1.3. detecting and preventing fraud and money laundering and/or in the interest of security and crime prevention;
9.1.4. assessing and dealing with complaints and requests;
9.1.5. operational, marketing, auditing, legal and record keeping requirements;
9.1.6. verifying your identity or the identity of your beneficial owner;
9.1.7. transferring or processing of your personal information outside of the Republic of South Africa to such countries that may not offer the same level of data protection as the Republic of South Africa, including for cloud storage purposes and the use of any of our websites;
9.1.8. complying with Applicable Laws, including lawful requests for information received from local or foreign law enforcement, government and tax collection agencies;
9.1.9. recording and/or monitoring your telephone calls and electronic communications to/with Flash in order to accurately carry out your instructions and requests, to use as evidence and in the interests of crime prevention;
9.1.10. conducting market research and providing you with information about Flash’s products or services from time to time via email, telephone or other means (for example, events);
9.1.11. where you have unsubscribed from certain direct marketing communications, ensuring that we do not sent such direct marketing to you again;
9.1.12. disclosing your personal information to third parties for reasons set out in this Statement or where it is not unlawful to do so;
9.1.13. monitoring, keeping record of and having access to all forms of correspondence or communications received by or sent from Flash or any of its employees, agents or contractors, including monitoring, recording and using as evidence all telephone communications between you and Flash;
9.1.14. improving or evaluating the effectiveness of Flash’s business or products, services or offerings;
9.1.15. prevention and control of any disease;
9.1.16. determining whether you meet the criteria for inclusion in certain direct marketing campaigns of Flash products and/or services, where applicable;
9.1.17. conducting an affordability assessment in the event that you applied for credit;
9.1.18. pre-vetting Clients or Suppliers before we deal with them;
9.1.19. sharing your unique identifiers (such as your telephone number or identity number) with third parties, including other entities in the Flash Group to do data matching for purposes of enriching (improving) our or their personal information, direct marketing, marketing analysis pre-vetting of Clients and Suppliers and other matters that may be in our legitimate or the legitimate interests of third parties; and
9.1.20. tracing you and collecting from you any outstanding debt due in terms of a credit agreement entered into with Flash.
9.2. We may from time to time (and at any time) contact you about services, products and offerings available from Flash or specific subsidiaries which we believe may be of interest to you, by email, phone, text, or other electronic means, unless you have unsubscribed from receiving such communications. You can unsubscribe from receiving such communications.
10. Disclosure of your information
10.1. Your personal information may be shared with the Flash group of companies, our agents and sub-contractors, and selected third parties who process the information on our behalf.
10.2. We may also disclose your personal information to third parties in the following circumstances:
10.2.1. to any of the other Flash group of companies subsidiaries, business partners or other third parties to –
10.2.1.1. assess and monitor any of your applications for Flash products or services;
10.2.1.2. determine which products and services may be of interest to you and/or to send you information about such products and services, unless you object or choose not to receive such communications [NOTE: Subject to the direct marketing provisions of POPIA.];
10.2.1.3. have a better understanding of your circumstances and needs to provide and improve Flash’s products and services;
10.2.1.4. to any relevant person and/or entity for purposes of prevention, detection and reporting of fraud and criminal activities, the identification of the proceeds of unlawful activities and the combating of crime;
10.2.2. to any regulator or supervisory authority, including those in foreign jurisdictions, if Flash is required to do so in terms of Applicable Laws;
10.2.3. to a prospective buyer or seller of any of our businesses or assets;
10.2.4. to any person if we are under a duty to disclose or share your personal information in order to comply with any Applicable Laws, or to protect the rights, property or safety of Flash, other clients or other third parties;
and/or
10.2.5. to your agent, or any other person acting on your behalf, an or an introducer.
10.3. We may transfer your information to another of Flash’s entities, an agent, sub-contractor or third party who carries on business in another country, including one which may not have data privacy laws similar to those of the Republic. If this happens, we will ensure that anyone to whom we pass your information agrees to treat your information with the same level of protection as if we were dealing with it.
10.4. If you do not wish us to disclose this information to third parties, please contact us at the contact details set out above. We may, however, not be able to provide products or services to you if you do not agree to such disclosure.
11. Retention of your information
We may retain your personal information indefinitely, unless you object, in which case we will only retain it if we are permitted or required to do so in terms of Applicable Laws. However, as a general rule, we will retain your information in accordance with retention periods set out in Applicable Laws, unless we need to retain it for longer for a lawful purpose. (For example, for the purposes of complaints handling, legal processes and proceedings.)
12. Access to, correction and deletion of your personal information
12.1. You may request details of personal information which we hold about you under the Promotion of Access to Information Act, 2000 (“PAIA”). Fees to obtain a copy or a description of personal information held about you are prescribed in terms of PAIA. Confirmation of whether or not we hold personal information about you may be requested free of charge. If you would like to obtain a copy of your personal information held by Flash, please refer to our PAIA Manual (PAIA Manual).
12.3. You may request the correction of personal information Flash holds about you. Please ensure that the information we hold about you is complete, accurate and up to date. If you fail to keep your information updated, or if your information is incorrect, Flash may limit the products and services offered to you or elect not to open the account. Please refer to our PAIA Manual (PAIA Manual) for the prescribed form for correction of your personal information.
12.4. You have a right in certain circumstances to request the destruction or deletion of and, where applicable, to obtain restriction on the processing of personal information held about you. If you wish to exercise this right, please refer to our PAIA Manual (PAIA Manual) to access the prescribed form.
12.5. You have a right to object on reasonable grounds to the processing of your personal information where the processing is carried out in order to protect our legitimate interests or your legitimate interests, unless the law provides for such processing.
13. Complaints
13.1. Should you believe that Flash has utilised your personal information contrary to Applicable Laws, you undertake to first attempt to resolve any concerns with Flash:
Name of Private Body: Flash Vending (Pty) Ltd Registration number : 2010/000777/07
Authorised Information Officer: Nadine Rix
Email address of Information Officer: Compliance@Flash.co.za
Postal address: PO Box 6100, Parow East
Street address: 36 Stellenberg Road, Parrow, Industria, Cape Town, Western Cape, South Africa.
13.2. If you are not satisfied with such process, you may have the right to lodge a complaint with the Information Regulator, using the contact details listed below:
Tel: 012 406 4818
Fax: 086 500 3351
Email: inforeg@justice.gov.za
