Payflex Privacy Policy

Updated: 1 July 2022

Introduction

This website http://www.payflex.co.za/  (“website”) is operated by Payflex Proprietary Limited, registration number 2017/406318/07 (“payflex”). Payflex’s head office is situated at 3RD FLOOR BUILDING 3 COMMERCE SQUARE, 39 RIVONIA ROAD SANDHURST, JOHANNESBURG, GAUTENG, 2196

References to “we”, “us”, “our” and “ours” in this policy mean payflex.

The terms “you”, “your” and “yours” when used in this policy mean any user of our website and / or the payflex platform (“platform”).

payflex respects your right to privacy and will collect, use and retain your information in accordance with this privacy policy (“policy”).

“Personal information” as referred to in this policy means information which identifies you, and includes information such as your name, email address, telephone number and password, as well as any other personal data collected.

This policy should be read together with our terms and conditions.

Purpose of this policy

We are committed to protecting the privacy and confidentiality of personal information provided to us. This policy describes our current policies and practises with regard to any personal information collected by us from you directly and / or through our website and / or platform.

Changes to this policy

We reserve the right to change this policy from time to time in order to address new issues and reflect changes on our website and/or platform technology or as required by law.

Changes to the policy will be posted on our website so that you will always know what personal information we gather, how we might use that personal information, and whether we will disclose that personal information to anyone.

Your continued use of our website and/or platform following such changes will indicate your acceptance of the new policy.

It is your responsibility to regularly check the most current policy to determine whether any such changes have been made.

Collection of personal information

We automatically receive information from your browser, which may include an IP address.

When you contact us, make an enquiry, register with us, use one of our products or services or take part in a competition, prize draw or survey, we may collect your personal information which includes your name and surname, contact details, and other information necessary to fulfil your request.

This personal information is used by us to support your interaction with us, and to contact you to respond to your query, complaint or request for information.

We may also collect personal information about you from other organisations or third parties, if this is appropriate and allowed by law. These include, but not limited to, fraud-prevention agencies, business directories and credit reference agencies. With your permission or consent and/or as permitted by law, we may also collect information about you from other companies and our business or joint venture partners.

If you have opted in, your email address may be used to notify you of changes or additions to our service offering, and to send you relevant news and information from time to time. You can opt-out of these communications at any time by sending an email with the subject line “No Marketing” to or by clicking on the opt out link contained in each of the marketing communication sent to you.

Personal information collected on our website and/or platform, including, but not limited to personal and transaction information may be aggregated for business development and research purposes. The information used in this way will not be personally identifiable or linked to individual users in any way.

Cookies

From time to time we may place cookies on your hard drive; a cookie is a small piece of information stored by your browser, typically used to identify returning visitors, and to collect aggregate information on the number of visitors to a site and the number of pages viewed.

You can choose to prevent the site from storing cookies on your hard drive by disabling cookies in your browser options.

Cookie information is used only by payflex and our agents and is not provided to any other organisation.

Other data

From time to time we may collect information such as click data and page-view statistics, the name of the Internet service provider and the IP address through which you access our website and/or platform, the date and time you access our website and/or platform, the pages that you access while on our website and/or platform, and the Internet address of the website from which you navigated to our website and/or platform.

This information is not personally identifiable and is used in an aggregated format for website and/or platform and system administration, traffic and trend analysis and business decision-making.

Our website and/or platform may contain hyperlinks to other pages on our website and/or platform. We may use technology to track how often these links are used and which pages on our website and/or platform our visitors choose to view. Again this technology does not identify you personally – it simply enables us to compile statistics about the use of these hyperlinks.

Likewise, if you reached our website and/or platform by clicking on a link or advertisement on another website, we also log that information. This is entered into our database, where we can use it to generate overall reports on our visitors, but not reports about individual visitors to help us to maximise our Internet exposure as well as understand the interests of our users.

Use of your personal information

We may use and analyse your personal information to:

• Provide our products or services to you.
• Keep you informed generally about new products and services (unless you choose not to receive our marketing messages as described above).
• Contact you with offers or promotions based on how you use our products and services or those of third parties.
• Bill you for using our products or services, or to take the appropriate amount of credit from you.
• To administer our website and/or platform and help us improve our services.
• Respond to any questions or concerns you may have about using our website and/or platform, products or services.
• Let you know about other companies’ products and services we think may interest you (including offers and discounts we have specially negotiated for our customers except where you have opted out of receiving such communications).
• Understand how you use our website and/or platform, products and services. That way, we can develop more interesting and relevant products and services, as well as personalising the products and services we offer you.
• Carry out research and statistical analysis including to monitor how customers use our website and/or platform, products and services on an anonymous or personal basis.
• Prevent and detect fraud or other crimes, recover debts or trace those who owe us money.
• Provide aggregated reports to third parties (such reports do not contain any information which may identify you as an individual).

 

We’ll store your personal information for as long as we have to by law. If there’s no legal requirement, we will only store it for as long as we need it.

The provision of your personal information to us is mandatory in order to enable us to provide you with payflex products or services.  If you do not provide us with your personal information we may not be able to render you with our payflex products or services.

Sharing personal information

payflex may share your personal information with third parties, such as third-party service providers, agents, contractors, employees, law enforcement agencies, payflex merchants or business affiliates for the following purposes:

• Marketing;
• Considering your application (including but not limited to performing checks);
• Enforcement of the agreement between us;
• Protecting our rights; and
• Providing insights to existing and prospective payflex merchants;
• Complaints investigation;
• For any other purpose that is permitted under applicable laws.

We may also share, transfer or disclose the information in our databases and server logs to comply with a legal requirement, for the administration of justice, interacting with anti-fraud databases, to protect your vital interests, to protect the security or integrity of our databases or our website and/or platform, to take precautions against legal liability, or in the event of our flotation on a stock exchange, sale, merger, reorganisation, dissolution, disposal of all or part of our assets or similar event. We will inform you of any such transfer or disclosure if we are required to do so by law.

Where appropriate, before disclosing personal information to a third party, we will contractually require the third party to take adequate precautions to protect that data and to comply with applicable law.

Access and correction of your personal information

Upon written request, we will provide you with a description of the personal information that we hold about you, provide you with access to the records containing your personal information or a description of the personal information that we hold about you and the identities or categories of third parties to whom we have disclosed your personal information. You can exercise these rights by following the process set out in our PAIA Manual. Please contact us by email at support@payflex.co.za.

You are also permitted to request that we correct, amend or delete any personal information that you tell us is inaccurate and notify any third party recipients of the necessary changes. In order to do so, please contact us by email at support@payflex.co.za.

Transborder transfers

We are based in an operate from South Africa.  Your information, including personal information, may be transferred to and maintained on servers located outside of South Africa, where the data privacy laws, regulations and standards, may not be equivalent to the laws in your country of residence.

We might transfer your personal information to places outside of South Africa and store it there, where our suppliers might process it.  If that happens, your personal information will only be transferred to and stored in country that has equivalent, or better, data protection legislation than South Africa or with a service provider which is subject to an agreement requiring it to comply with data protection requirements equivalent or better than those applicable in South Africa.

Your consent to bound by the terms of this policy upon registering to use Payflex, your subsequent use of payflex, followed by your submission of information to us, constitutes your consent to such transfer.

We will take all steps reasonably necessary to ensure that your personal information is treated securely and in accordance with this policy.

Keeping your personal information secure

We are committed to implementing leading data security safeguards.

Communications over the Internet (such as emails) are not secure unless they have been encrypted. Your communications may go through a number of countries before being delivered – as this is the nature of the Internet. We cannot accept responsibility for any unauthorised access or loss of personal information that is beyond our control.

Unauthorised third-party access to your information

Despite the security measures we have in place to protect your personal information, you acknowledge that it may be accessed by unauthorised third party, e.g. as a result of an illegal activity.

In the event of such access, we will notify you, where possible, via email (using the address you have provided us) as soon as possible of such occurrence, if we are required to do so under applicable law.

How to unsubscribe or opt-out

If you no longer want to receive marketing messages from us, please e-mail us at support@payflex.co.za with “Email Unsubscribe” in the subject heading or contact customer support.

If you choose to unsubscribe or opt out, we will hold your contact details on file marked so that we do not contact you again. This is so that we do not contact you if your details are subsequently provided to us by a third party.

If you opt-out of receiving marketing communications we will still send you service-related communications, for example, to confirm receipt of payment. This is necessary in order to provide our services to you.

How to ask us to stop processing your personal information

You have the right to ask us to delete your personal information or a record of your personal information if we are no longer authorised to use it. If you make such request, we will freeze or suspend all the functionality on your account and stop sending marketing communications to you.

 

Links to other websites

Our website and/or platform may contain hyperlinks and advertising to websites that are not operated by us. These hyperlinks are provided for your reference and convenience only and do not imply any endorsement of the activities of these third-party websites or any association with their operators. We do not control these websites and are not responsible for their data or privacy practices. We urge you to review any privacy statement posted on any site you visit before using the site or providing any personal information about yourself and others.

Governing Law

The laws of South Africa will govern any dispute or claim arising out of or relating to your use of our website and/or platform.

Complaints

Should you believe that we have utilised your personal information contrary to applicable law, you undertake to first attempt to resolve any concerns with us. If you are not satisfied with such process, you have the right to lodge a complaint with the Information Regulator, once the Protection of Personal Information Act, 2013 is in force.

Agreement

By using our website and/or platform, you indicate your acceptance of this policy.

If you feel that we are not living up to our commitments set out in this policy, or if you have any questions about this policy, please contact: support@payflex.co.za

Website and Platform Disclaimer

While we have taken care to ensure that the contents on our website and platform are accurate, our website and platform and the services accessible on our website and/or platform and your use of and reliance on the information on our website and/or platform and the online services, are entirely at your own risk. payflex accepts no liability for any loss or damage of whatsoever nature that may be caused, directly or indirectly, by the use of our website and/or platform or reliance on any information contained therein.

We will not be liable for any event over which we have no control, e.g. downtime or failures of services or products provided by third parties.

We will not be liable for any damage or loss regarding customer data directly or indirectly caused by any malfunction of our system, third party systems, power failures, computer viruses or unlawful access of data on our system or third-party systems or programming defects.