SIMFY AFRICA PRIVACY POLICY

1. INTRODUCTION

   1. This Privacy Policy, together with our Terms and Conditions sets out the basis on which any Personal Information (as defined in paragraph 2.2 below) that we collect from you, or that you provide to us, will be used, stored and processed by us.
   2. We, Simfy Africa Proprietary Limited, a private company incorporated in accordance with the laws of South Africa, with the registration number 2011/129834/07, with our office"s address at Ground Floor, Darter Studio, Longkloof, 4 Darters Road, Gardens, Cape Town, ("Simfy ") are the "responsible party" for purposes of applicable data protection legislation in respect of all Personal Information you submit to us via the website, other related URLs, and/or any ancillary services (" Website") and/or in any correspondence and/or communication with us. Please see paragraph 7 below as it deals with Personal Information you submit to third-parties.
   3. We are a digital services company, that distributes digital content, music and games from content partners and services developers, in addition to enabling messaging functionality, making such content, music, games and messaging functionality available to users of the Ayoba application, a super-app owned and operated by our affiliate Progressive tech Holdings.
   4. We recognize the importance of protecting your privacy in respect of Personal Information collected by us when you use the Website.

2. INFORMATION WE MAY COLLECT FROM YOU

   1. When you use the Website, we may collect certain information that is not Personal Information such as your operating system, browser type, and Internet service provider (see paragraph 6.1 below for further details). This type of information does not identify you personally.
   2. When you access our Website, we may also collect Personal Information that you provide to us. For purposes of this Privacy Policy "Personal Information" shall mean any information of a personal nature by which you can be identified as an individual such as your name, postal address, email address, telephone number, home country, postal code, your fax number, gender, age, financial details, and/or company name, business information and VAT number.
   3. We also may collect information including Personal Information in other ways including through carrying out demographic research.
   4. We may collect, process and store the following information (which may include Personal Information) about you –
      1. information that you provide by filling in forms on the Website;
      2. information about your device software and hardware, including the unique internet mobile equipment identity (" IMEI"), number of your mobile telephone, the unique integrated circuit card identity (" ICCID") number of your SIM cards in your device, your email address, personal internet protocol (" IP") address, mobile phone number;
      3. your geographic location information based on your mobile network operator`'s tower details, GPS (Global Positioning System) and/or WIFI communications network location;
      4. the date and time, country and the IP address of the device from which you connect to our Website;
      5. information that we may ask you for if you report a problem with our Website;
      6. details of your visits to our Website (including, but not limited to, traffic data, location data, weblogs and other communication data and the resources that you access; and
      7. if you contact us, we may keep a record of that correspondence;
   5. We may also ask you to complete surveys that we use for research and forecasting purposes, although you do not have to respond to them.
   6. We may also collect information (which may include Personal Information) that our users provide, such as new or deleted comments and keyword searches.
   7. The supply of your Personal Information is voluntary; however, you acknowledge that we cannot make certain services available to you on the Website if you do not wish to supply such Personal Information.
   8. We may use a third-party company to monitor website traffic, which may, in some instances, store your information, including the Personal Information you submit to such third parties.
   9. By continuing to use the Website, you consent to processing, collection, storage, retention and use of the Personal Information you provide for the purposes set out in this Privacy Policy, and you consent to our collection of any changes or updates that you may provide to any information you provide that is collected by us. If you do not agree to the Privacy Policy, please do not use the Website.
   10. 2.10.Where you provide us with Personal Information relating to a third-party data subject (for example, your customers and/or clients), you warrant that you have obtained all necessary consents from such data subject, including the data subject`'s consent for you to share such Personal Information with Simfy to process. We shall protect, store and process this Personal Information in the same manner and equal level of security as Personal Information about you.

3. HOW YOUR INFORMATION IS USED AND DISCLOSED

   1. We may use the information, including the Personal Information we hold about you for the following purposes –
      1. to verify and keep a record of your identity;
      2. to ensure that content from our Website is presented in the most effective manner for you and for your computer and/or mobile device;
      3. to monitor and analyse the conduct on the Website to ensure compliance with laws, reduce the likelihood of fraud and other risk-prevention purposes;
      4. in aggregate form, for internal business purposes such as generating statistics and developing our strategic and marketing plans;
      5. to provide you with information on our Website that you request from us where you have consented to be contacted for such purposes;
      6. to carry out statistical and marketing research to identify potential markets and trends;
      7. to allow you to participate in interactive features on our Website, when you choose to do so;
      8. to carry out any contracts that may form between us;
      9. to respond to any queries, you make; and
   2. We may use information provided by you to –
      1. enforce agreements and terms and conditions between us, monitor user activity, such as keyword searches or new postings, and more effectively manage traffic on the Website;
      2. provide customer services, and
      3. assist you with technical difficulties.
   3. We will not use your Personal Information for any purpose (other than as stated above) without your express consent. Except for in terms of the other provisions of this Privacy Policy, we will not use or disclose your Personal Information to third parties without your consent, unless the use or disclosure is –
      1. required to comply with applicable law, order of court or legal process served on Simfy ; and/or
      2. disclosure is necessary to protect and defend the rights or property of Simfy .
   4. We will be entitled to disclose your Personal Information to our affiliates, agents, advisors, employees and/or third-party service providers and suppliers (including payment providers) who assist us to interact with you via our Website, mobile communications and/or email, and thus need to know your Personal Information in order to assist us and to communicate with you properly and efficiently. We will ensure that all such employees and/or third-party service providers having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations in relation to your Personal Information.
   5. Your information may be shared with organizations within our company`'s group located in other countries around the world. We will only transfer data overseas where we are satisfied that adequate levels of protection are in place to protect any information held in that country or that the service provider acts at all times in compliance with applicable privacy laws. Where required under applicable laws we will take measures to ensure that Personal Information handled in other countries will receive at least the same level of protection as it is given in this Privacy Policy.
   6. On rare occasions, we may be required to disclose your Personal Information due to legal or regulatory requirements. In such instances, we reserve the right to disclose your Personal Information as required to comply with our legal obligations, including but not limited to complying with court orders, warrants, subpoenas, service of process requirements or discovery requests.
   7. We may also disclose information about our users to law enforcement officers or others, in the good faith belief that such disclosure is reasonably necessary to enforce this Privacy Policy, respond to claims that any content violates the rights of third parties; or protect our legitimate interest and/or the rights, property, or our personal safety or the personal safety of our users or the general public.

4. PROTECTION OF YOUR PERSONAL INFORMATION

   1. We recognize that protecting your privacy is important to you. For this reason, we are committed to protecting the Personal Information you provide in a variety of ways.
   2. We will –
      1. treat your Personal Information as strictly confidential;
      2. take appropriate technical and organizational measures to ensure that your Personal Information is kept secure and is protected against unauthorized or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
      3. promptly notify you if we become aware of any unauthorized use, disclosure or processing of your personal information;
      4. provide you with reasonable evidence of our compliance with our obligations under this Privacy Policy on reasonable notice and request; and
      5. upon your request, promptly return or destroy any and all of your Personal Information in our possession or control.
   3. We will not retain your Personal Information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.

5. STORAGE AND SECURITY OF YOUR PERSONAL INFORMATION

   1. We will do our best to protect your Personal Information, and we will use technology that will help us to do this, however, the transmission of information via the Internet is not completely secure and we cannot guarantee the security of your information transmitted to our Website. Any transmission of your information to our Website is entirely at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
   2. We may, from time to time, transfer, store or host your Personal Information on servers outside of South Africa. We will at all times ensure that appropriate security safeguards are in place to secure and protect such personal information held in another country or that the service provider acts at all times in compliance with applicable privacy laws. Where required under applicable laws we will take measures to ensure that Personal Information handled in other countries will receive at least the same level of protection as it is given in this Privacy Policy.
   
   

6. YOUR RIGHTS IN RESPECT OF YOUR PERSONAL INFORMATION

   
   Your Rights in respect of your Personal Information
   In terms of Data Privacy Laws you have certain rights including:
   
   
   1. Access rights: You have the right to access your Personal Information in many circumstances. This enables you to receive a copy of the Personal Information we hold about you and to check that we are lawfully processing it.
   2. Right to rectification : You can require us to have inaccurate Personal Information corrected.
   3. Right to object : You have the right to object to the processing of your Personal Information at any time, on reasonable grounds relating to your particular situation, unless the processing is required by law.
   4. Right to erasure: You can require us to erase Personal Information in certain circumstances where there is no lawful basis for us to retain such Personal Information. Please note, however, that in some instances we must retain your Personal Information for certain periods of time as required by law.
   5. Right to restrict: You can require us to restrict our processing of your Personal Information in certain circumstances.
   6. Right to withdraw consent: You can withdraw any consents to processing that you have given us and prevent further processing if there is no other legitimate ground upon which we can process your Personal Information.
   7. Right to complain: You can raise a complaint about our processing with the South African Information Regulator, or with our Information Officer. Information Regulator:www.justice.gov.za/inforeg/contact.htmlorcomplaints.IR@justice.gov.za
      
      You also have a duty to inform us of changes to your Personal Information: It is important that the Personal Information we hold about you is accurate and current. Please keep us informed if your Personal Information changes during your working relationship with us.
      
      

7. COOKIES AND OTHER INFORMATION

   We may collect information about your computer, including where available, your operating system, browser type, third-party software installed on your device, installation and uninstallation rates, the language of your device and computers manufacturer, screen size and model of the device and any other technical information for system administration and to report aggregate information to our advertisers.

   This is statistical data about our users' browsing actions and patterns and does not identify any individual.

   We may use cookies to manage our users' sessions and to store preferences, tracking information, and language selection. “ Cookies” are small text files transferred by a web server to your hard drive and thereafter stored on your computer. The types of information a Cookie collects include the date and time you visited the Website, your browsing history, your preferences, and your username.

   In some instances, our third-party service providers may use Cookies on the Website. We cannot control, or access Cookies used by third-party service providers. This Privacy Policy covers only Cookies used by us, and not any Cookies used by third parties.

   Cookies enable us to –

   1. estimate our Website`'s audience size and usage pattern;
   2. store information about your preferences, which allows us to customize the Website according to your individual interests;
   3. speed up your searches; and
   4. recognize you when you return to the Website.
      
      You have the ability to either accept or decline the use of Cookies on your computer, whether you are registered with us or not. Typically, you can configure your browser to not accept Cookies. However, declining the use of Cookies may limit your access to certain features of the Website. For example, you may have difficulty using certain interactive features of the Website.

8. THIRD PARTIES

   1. We may use third-party service providers to monitor our users’ interests. In addition, the Website may occasionally contain links to third-party websites. If you click on the links to third-party websites, you leave the Website.
   2. We are not responsible for the content of these third-party websites or for the security of your Personal Information when you use the third-party websites. These third-party service providers and third-party websites may have their own privacy policies governing the storage and retention of your Personal Information that you may be subject to. They may also collect information that is not Personal Information such as your browser specification, or operating system.
   3. This Privacy Policy does not govern Personal Information provided to, stored on, or used by these third-party providers and third-party websites. We recommend that when you enter a third party`'s website, you review its privacy policy as it relates to how such third parties collect, process, store and protect your Personal Information.

   4. You agree that we are not liable for any of the following –

      1. the content, security, operation, use, accuracy or completeness of any such third-party websites; or the products or services that may be offered or obtained through them; or the accuracy, completeness, or reliability of any information obtained from a third-party website;
      2. the ownership or right of use of any licensor of any software provided through any third-party website;
      3. any content featured on third-party website that are accessed through the links found on the Website;
      4. any failure or problem that affects the products or services of a third-party website, for example any telecommunication service provider, internet service provider, electricity supplier, local or other authority.

9. GENERAL

   1. You warrant that all information (including Personal Information) that you provide to us is accurate, truthful and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything. Failure to adhere to this requirement will entitle Simfy inter alia, to terminate your use of the Website.
   2. You acknowledge that we may verify your identity and your Personal Information through an automated email verification process and/or with third party service providers.
   3. You may request access to the Personal Information which we collect from you, including to rectify the information, or object to its processing by sending an email to us at  legal@simfy.africa. You also have the right to lodge a complaint with the information regulator if you think we are in breach of any applicable data protection legislation.
   4. You may access, remove, review, and/or make changes to Personal Information that you have provided to us. We may also send you any legally required notifications and other notifications, including but not limited to, service related notices or notices regarding a change to any of our policies. For example, we may send you a notice regarding server problems or scheduled maintenance to the Website.
   5. If this Privacy Policy or any provision in this Privacy Policy is regulated by or subject to the Protection of Personal Information Act 4 of 2013 ("POPI") or other data protection legislation, it is not intended that any provision of this Privacy Policy contravenes any provision of POPI or other data protection legislation. Therefore, all provisions of this Privacy Policy must be treated as being qualified, to the extent necessary, to ensure that the provisions of POPI or other data protection legislation are complied with.
      
      

10. NOTIFICATION OF CHANGES

    We reserve the right to change this Privacy Policy from time to time, and in our sole discretion. We may send you a notice regarding material changes to this Privacy Policy, but we encourage you to frequently check this Privacy Policy for any changes. Your continued use of the Website after any change in this Privacy Policy will constitute your acceptance of such changes.

11. CHILDREN

    The site is not intended for children and we do not knowingly or intend to collect Personal Information of children. If you are under the age do not use our Website without the consent of your legal guardian.

12. HOW TO CONTACT US

    If you have questions about this Privacy Policy, please contact us at  legal@simfy.africa with “Privacy Policy” in the subject line.