FG-Nexus

Privacy Policy

1. INTRODUCTION

  1. This Privacy Policy forms part of, and is to be read in conjunction with, Our general terms and conditions of use of the Platform (the Terms).
  2. By using the Platform, You confirm that You have read, understood and agree this Privacy Policy and Our Terms, as amended from time to time, and expressly consent to the Processing of Your Personal Information, and any other Personal Information provided by you to Us, in accordance with this Privacy Policy. If You do not agree to any provision of this Privacy Policy or Our Terms, then You must immediately stop using the Platform and the Services.
  3. We are committed to protecting Your privacy and Personal Information and therefore warrant that no information collected by Us shall be used for any other purposes other than stipulated herein, unless You give Us express written consent to do so or We are permitted or required to do so by any applicable law.
  4. With Your express consent, and strictly for the purposes set out in this Privacy Policy and to give effect to Our Terms, We may share Your Personal Information within Our company, with Our Affiliates, and with trusted third parties who assist Us in operating the Platform and providing the Services, including but not limited to FG Nexus and Our service providers, agents, advisors and other third parties who assist us in managing, maintaining and improving the Platform and providing the Services. We may also share Your Personal Information with third parties for purposes related to marketing, analytics, research or business operations. All Personal Information will be shared only on the condition that the relevant receiving parties agree to maintain the confidentiality of Your Personal Information and comply with all applicable Data Protection Laws and this Privacy Policy.

2. DEFINITIONS & INTERPRETATION

  1. The head notes to the clauses of this Privacy Policy are for reference purposes only and shall in no way govern or affect the interpretation of, nor modify, nor amplify its terms.
  2. Unless inconsistent with context, and unless otherwise defined herein, the capitalised terms used in this Privacy Policy have the meanings given to them in the Terms.

3. PURPOSE OF COLLECTING AND PROCESSING PERSONAL INFORMATION

  1. The following are the purposes for which We will collect and Process Your Personal Information, as well as any other Personal Information provided by You to Us, whether directly or through Your use of the Platform:
  1. to manage, maintain and improve the Platform, provide the Services to You, personalise and tailor the Services for You and to process instructions, submissions or requests by You with respect to the Services and the use of the Platform;
  2. to monitor and analyse Your use of the Platform in order to detect, prevent or investigate any misuse, unauthorised access and/or unlawful activity;
  3. for compliance and risk related purposes;
  4. managing and responding to requests related to your data protection rights under applicable law, including POPIA, such as requests for access to, correction of, or deletion of your Personal Information; and
  5. customer relationship management, including sending newsletters, conducting surveys and providing relevant updates and content;
  6. to analyse Your Personal Information collected for research and statistical purposes, and once such Personal Information is analysed, to send You marketing and promotional material which We believe is relevant or of interest to You;
  7. to conduct market research and academic research to identify potential markets and trends, for the purpose of developing and enhancing the Platform and Services; and
  8. to aggregate and/or depersonalise Your Personal Information, and after analysing it for statistical purposes and/or conducting market and academic research in respect thereof, transferring or on-selling such depersonalised information to third parties for commercial or non-commercial purposes.
  1. All Personal Information collected for research, statistical and marketing purposes will be aggregated and/or depersonalised before on-selling or transferring such information to third parties for marketing, advertising, or other uses, except as expressly agreed to by You.
  2. We may sometimes need to transfer your Personal Information to countries outside of the Republic of South Africa. Where such transfers are necessary, We will ensure that such transfers comply with Section 72 of POPIA and that:
  1. We obtain Your explicit consent for the cross-border transfer of your Personal Information, or the Personal Information otherwise provided by You to Us;
  2. the recipient of your Personal Information is subject to a law, binding corporate rules, or binding agreement that provides an adequate level of protection that is substantially similar to the protections afforded under POPIA; or
  3. We enter into data transfer agreements that ensure that the recipient provides adequate level of protection for your Personal Information, in line with South African standards.

4. USING AND SHARING YOUR PERSONAL INFORMATION

  1. You confirm that, if You give us Personal Information about another person, You are duly authorised to do so. In particular, You warrant that You are authorised to:
  1. give Us their Personal Information;
  2. provide the required consent, on their behalf, to the Processing of their Personal Information in accordance with this Privacy Policy and Our Terms, including for any cross-border transfer of Personal Information to or from the Republic of South Africa to other countries; and
  3. receive any privacy notices on their behalf.
  1. You hereby indemnify and hold Us and FG Nexus harmless from and against any Loss suffered or incurred by Us and/or FG Nexus as a result of any claim brought by a third party whose Personal Information You have provided to Us without the necessary authorisation or consent.
  2. You hereby consent for Us to Process Personal Information relating to You, any user of the Your Profile, and any Personal Information otherwise provided to Us by You for all the purposes set out in clause 3 above.

5. SECURITY OF PERSONAL INFORMATION

  1. We shall take all reasonable steps to protect Your Personal Information from loss of, damage to, unauthorised use of, or misuse or alteration of Your Personal Information. The Personal Information shall be stored in databases that will have built-in safeguards to ensure the privacy and confidentiality of that information.
  2. A variety of security measures are used to maintain the safety of the Personal Information when a Profile is created or Personal Information is entered, stored, recalled or accessed. All supplied sensitive Personal Information including, but not limited to, personal particulars are encrypted into the database. Such information will only be accessible by authorised personnel with special access rights to such systems, and such individuals are required to keep the information confidential.
  3. We also review and update our data security measures to ensure that they remain effective in protecting Your Personal Information, in accordance with our obligations under applicable Data Protection Laws.
  4. We may however disclose any information that We see fit to the relevant authority where We are required to disclose that information in terms of any applicable law.
  5. Although we will take all reasonable steps to keep your Personal Information secure, unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If You have any reason to believe that Your interaction with the Platform or the Services is no longer secure, please contact Us at the following email address support@fg-nexus.com.

6. COLLECTING OF PERSONAL INFORMATION

  1. We may collect Your Personal Information from a number of different sources. This includes information provided directly by You when You use the Platform and Services, or interact with advertising or other services, correspondence with Us, or Your use of the internet as well as information provided when creating a Profile or any linked social media services, third party websites or other services which Your Profile is associated with. We may also collect Personal Information from publicly available sources, advertising platforms and partners and other third parties.
  2. We shall keep Your Personal Information for as long as We consider necessary for the purposes described herein, or as long as any applicable law allows. We store Your information on servers that We control which are based in South Africa. We may also use servers that are located outside of South Africa, and We may engage partners outside of South Africa who will also process and store Your Personal Information to provide services to us.
  3. If you access the Platform and Services through third party sites, You do so at your own risk and understand that Our Terms, including this Privacy Notice, do not apply to such sites. You understand and agree that we have no control over and assume no responsibility for the privacy policies or practices of such sites.

7. POLICY REGARDING MINORS

  1. We will not knowingly collect or Process Personal Information from or relating to individuals under the age of 18 without the prior consent of a parent or legal guardian, as required by POPIA.
  2. If You believe that We may have collected Personal Information from a minor without the necessary consent of a parent or legal guardian, please contact Us using the following email address support@fg-nexus.com.

10. DATA RETENTION

  1. We retain your Personal Information only for as long as necessary for the purposes outlined in this Privacy Policy and in accordance with applicable Data Protection Laws.
  2. Generally, We retain Your Personal Information for a period of up to 5 (five) years from the date of collection or your last interaction with Us, unless You request otherwise or object to the further Processing of your Personal Information.
  3. Certain Personal Information may be retained for longer periods, where required to prove, exercise, or defend a legal right, or to comply with our legal or regulatory obligations. In such cases, the Personal Information will be archived and processed in accordance with applicable Data Protection Laws.

11. YOUR RIGHTS TO YOUR INFORMATION

  1. You have the right to:
  1. access, correct, or request the deletion of Your Personal Information held by Us;
  2. object to the Processing or request the restriction, or limitation of, the Processing of Your Personal Information on reasonable grounds; and
  3. withdraw Your consent to the Processing of your Personal Information at any time.
  1. If You wish to exercise any of Your above rights, please contact Us at the following email support@fg-nexus.com. We reserve the right to ask for reasonable evidence to verify Your identity before We provide You with any information and for a fee any applicable law permits Us to charge for exercising this right of access.
  2. Please note that We may not be able to provide all the Personal Information You ask for, for instance if the information includes Personal Information about another person. Where We are not able to provide You with information that You have asked for, We will endeavour to tell You why. We will try to respond to any request for a right of access as soon as possible, upon receipt of Your request, evidence of identity and any applicable fee.
  3. Should You exercise Your right to have Your Personal Information deleted, please note that to ensure that We do not collect any further Personal Information, You should also delete the Platform and Your Log-in Credentials from all of Your Devices and clear Our cookies from any Device.
  4. Where We delete Personal Information about you, We may still retain some or all of that information for other purposes such as maintaining financial records, protecting or enforcing legal rights, maintaining marketing suppression lists or for technical reasons such as maintaining technical security or Our database integrity. We may also retain Your Personal Information in an anonymised form, which shall apply to any Profiles created using Your Personal Information. Please note that such deletion shall be done in a manner similar to emptying the recycle bin on a computer and You understand and agree that the removed content may persist in backup copies for a reasonable period of time, but will not be available to others.

12. COOKIES

  1. We use cookies, which are small files that the Platform may transfer to the hard drive of Our devices through Your web browser, which enables Us to recognise Your browser and capture and remember certain information. You can disable cookies through Your web or phone browser settings.
  2. We use cookies to help it remember, process and compile aggregate data about site traffic and site interaction so that We can offer You better site experiences and tools in the future. These technologies allow the collection of data, such as Your Device’s model, operating system and screen size, the other applications installed on Your Device, and information about how You use Our Services.

13. DIRECT MARKETING

  1. By using the Services and by registering Your profile, You provide Us with Your express consent to send promotional and marketing material directly to you, including, without limitation, information about products, services, and special offers from Us or other companies that may interest you, based on Your Personal Information collected by us. We may elect to do this by e-mail or message.
  2. In the event that You elect at any time to opt out from receiving any direct marketing communications from us, You may do so by following the opt out link in any marketing communication that is sent to You. If You have elected to receive more than one type of marketing communications from us, You may need to opt out of all of them individually. It may take a few days for Us to update Our records before any opt out is effective, and upon doing so We will no longer send such material to you.
  3. You understand and agree that the Services may include certain communications from us, such as service announcements, administrative messages or otherwise, and that these communications are considered to be part of Your registration of Your Profile, and that You shall not be able to opt out of receiving the aforementioned.

14. AMENDMENT TO PRIVACY NOTICE

  1. We reserve the right to change, all or parts, of this Privacy Policy, without prior notice, from time to time. Such changes will become effective upon being posted to the Platform. Your continued use and access of the Platform and/or the Services after any such changes have been posted will constitute Your acceptance of the revised Privacy Policy.
  2. It is Your responsibility to periodically check on the Platform for any such changes or updates to Our Privacy Policy. Should you not agree with any amendments to Our Privacy Policy, you must immediately cease use of the Platform.
  3. If there is any inconsistency or conflict between any versions of this Privacy Policy, the Privacy Policy most recently published shall prevail and be binding on You.

15. INFORMED AND VOLUNTARY CONSENT

  1. You hereby acknowledge that You have read Our Terms and this Privacy Policy, and that You fully understand and accept the consequences of the consent you are granting in respect of Your Personal Information, and any other Personal Information provided by You to Us, as set out in this Privacy Policy. You confirm that Your consent is given voluntarily and without any undue influence from Us.

16. COMPLAINTS

  1. If You believe Your Personal Information has been misused, You may lodge a complaint with Us at support@fg-nexus.com and/or the Information Regulator at infoirsa@justice.gov.za.

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