Privacy Policy

1   

Interpretation

In this Policy (as defined below), unless the context requires otherwise, the following words and expressions bear the meanings assigned to them and cognate expressions bear corresponding meanings –

1.1  

“aCoin” means Endor Technology (Pty) Ltd t/a aCoin (registration number: 2020/561772/07);

1.2  

“Consumer” means the consumer/s of the Merchant, who constitutes a consumer as defined in the Consumer Protection Act, No. 68 of 2008, who wishes to pay for goods supplied and/or services rendered by the Merchant utilising a Voucher;

1.3  

“Merchant” means a third party seller of goods or services to be provided to the Consumer, which third party will be pre-approved by aCoin to enter into and conclude Transactions using Vouchers;

1.4  

“Personal Information” has the meaning ascribed thereto under POPIA and specifically includes any form of information that can be used to identify a Data Subject;

1.5  

“Policy” means this Privacy Policy;

1.6  

“POPIA” means the Protection of Personal Information Act No. 4 of 2013;

1.7  

“Processing” has the meaning ascribed thereto under POPIA. “Process” has a corresponding meaning;

1.8  

“Responsible Party” means a public or private body or any other person which alone or in conjunction with others, determines the purpose of and means for Processing Personal Information;

1.9  

“Special Personal Information” has the meaning ascribed thereto under POPIA;

1.10  

“User/s” means a Consumer and/or a Merchant who uses the Website;

1.11  

“Voucher” means an electronic voucher bought by the Consumer for a pre-agreed monetary value, which enables the Consumer to buy selected goods and/or services from the Merchant without exchanging cash, each voucher having a voucher number; and

1.12  

“Website” means acoin.co.za and associated with it mobile-sites and software applications which are owned and operated by aCoin.

2   

Purpose of the Policy

2.1  

The purpose of this Policy is to inform Users about how aCoin Processes their Personal Information.

2.2  

aCoin, in its capacity as Responsible Party shall strive to observe, and comply with its obligations under POPIA when it Processes Personal Information from or in respect of Users.

2.3  

This Policy applies to Personal Information collected and processed by aCoin, including by means of the Website.

3   

Processing Personal Information of Users

3.1  

aCoin will take all reasonable measures to protect Users’ privacy as more fully set out below.

3.2  

Upon registration on the Website or prior to purchasing any Voucher/s, aCoin may require Users to provide Personal Information which includes but is not limited to, name, surname/company registration number and VAT number, email address, physical address, gender, mobile/telephone number, banking details and date of birth.

3.3  

Should a User’s Personal Information change, he/she/it agrees to inform aCoin and provide updates to the Personal Information as soon as reasonably possible to enable aCoin to update the Personal Information.

3.4  

A User may choose to provide additional Personal Information to aCoin, in which event the User agrees to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent an affiliation with anyone or anything.

3.5  

aCoin will not, without the User’s express consent:

3.5.1      

use the User’s Personal Information for any purpose other than:

3.5.1.1         

in relation to the purchasing or Processing of a Voucher/s or for business purposes (such as such as internal audit, accounting, recording keeping, business planning, and joint ventures, disposal of business, or other proposed and actual transactions);

3.5.1.2         

to contact the Customer regarding any errors with a Voucher/s purchased by the Customer from the Website, affiliates and/or partners (to the extent that the Customer has not opted out from receiving marketing material from the Website);

3.5.1.3         

to inform the User of new features, special offers and promotional competitions offered by aCoin or any of its divisions, affiliates and/or partners (to the extent that the User has not opted out from receiving marketing material from the Website); and

3.5.1.4         

to improve the User’s experience on the Website by, for example, monitoring the User’s browsing habits, or tracking the User’s purchases on the Website; or

3.5.1.5         

disclose the User’s Personal Information to any third party other than as set out below:

3.5.1.5.1            

to aCoin’s employees and/or third-party service providers who assist aCoin to interact with the User through the Website, email or any other method;

3.5.1.5.2            

subject to applicable law, to aCoin’s divisions, affiliates and/or partners (including their employees and/or third-party service providers) in order for them to interact directly with the User by email or any other method for purposes of sending the User marketing material regarding any current or new specials offered by them (unless the User has opted out from receiving marketing material from the Website by sending an opt out email to support@acoin.co.za or selecting the opt out link at the bottom of the marketing material;

3.5.1.5.3            

to law enforcement, government officials, fraud detection agencies or other third parties when aCoin believes in good faith that the disclosure of Personal Information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of this Policy or any agreement entered into between aCoin and the User;

3.5.1.5.4            

to aCoin’s service providers (under contract with aCoin) who help with the parts of the Website’s business operations (fraud prevention, marketing, technology services etc.);

3.5.1.5.5            

to the Merchants in order for them to liaise directly with the Consumer regarding any faulty goods and/or services the Consumer purchased (using the Voucher) which requires their involvement; and

3.5.1.5.6            

to any Merchant for purposes of sending the Consumer an invoice for any goods purchased and/or services rendered by such Merchant, which disclosed information will be limited to the Consumer’s email address.

3.6  

The User accepts that aCoin is entitled to use or disclose the User’s Personal Information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on aCoin, or to protect and defend aCoin’s rights or property. In the event of a fraudulent online payment, aCoin is entitled to disclose relevant Personal Information for criminal investigation purposes or in line with any other legal obligation for disclosure of the Personal Information which may be required of it.

3.7  

aCoin will ensure that all of its employees, third party service providers, divisions, affiliates and partners (including their employees and third-party service providers) having access to the User’s Personal Information are bound by appropriate and legally binding confidentiality obligations in relations to the User’s Personal Information.

3.8  

Notwithstanding anything to the contrary, aCoin will not retain the User’s Personal Information longer than the period for which it was originally needed, unless aCoin is required or authorised by law to do so, or the User consents to aCoin retaining such information for a longer period.

3.9  

The Merchant acknowledges that aCoin may retain the Personal Information for historical, statistical or research purposes in circumstances where aCoin has established appropriate safeguards against the Personal Information being used for any other purposes.

3.10  

The provision of Personal Information by the User to aCoin is usually voluntary, but aCoin may not be able to provide a Voucher/s to the Consumer should the Consumer not provide such information to aCoin.

3.11  

aCoin may collect Personal Information from the User in terms of applicable laws, including the CPA, the Financial Intelligence Centre Act, No. 38 of 2001 and tax legislation.

3.12  

aCoin may transfer the User’s Personal Information to recipients in countries which may not have data protection laws similar to those in place in the country where the information was collected for cloud storage purposes and the like.

3.13  

The User may have certain rights in respect of his/her/its Personal Information in terms of applicable data protection legislation, including the right to access his/her Personal Information or to request that Personal Information which aCoin is no longer authorised to process be deleted. For more information see our PAIA manual available on the Website (acoin.co.za).

3.14  

Should the User be of the view that aCoin has processed his/her/its Personal Information in violation of applicable data protection laws, he/she/it undertakes to first try and resolve the matter with aCoin, by contacting its Information Officer at support@acoin.co.za. Should the User not be satisfied with the Information Officer’s response, he/she/it has the right to contact the Information Regulator whose contact details are available at Contact - Information Regulator (inforegulator.org.za).

3.15  

aCoin may share the Customer’s Personal Information with the Merchant for reasons set out in this Policy. The Merchant is itself responsible for compliance with applicable data protection legislation. The Consumer must read the Merchant’s privacy policy which can be found on the Merchant’s corporate website.

4   

Merchants’ and other Third Party Websites

4.1  

The Website may contain links or references to Merchants’ and/or other third-party websites that are not operated by aCoin. If the User clicks on a third-party link, they will be directed to that third-party’s website. aCoin strongly advises Users to review the Privacy Policy of every website they are directed to.

4.2  

aCoin has no control over and assume no responsibility for the content, privacy policies or practices of any third-party websites or services.

5   

Use of Website Cookies

5.1  

The Website uses cookies, which are small text files sent by a web server to store on a web browser. They are used to ensure websites function properly, store User preferences when needed and collect anonymous statistics on website usage.

5.2  

The User may refuse to accept cookies by activating the setting on the User’s browser which allows the User to refuse the setting of cookies. However, if this setting is selected, the User may be unable to access certain parts of the Website. Unless cookies are refused, the Website will issue cookies when the User logs on to the Website. If the User accepts cookies or fails to deny the use of cookies, the Users agrees that aCoin may use the User’s Personal Information collected using “cookies” (subject to the provisions of this Policy).

6   

Changes to this Policy

aCoin reserves the right to make amendments to this Policy from time to time and will use reasonable efforts to notify the User of such amendments by publishing an updated version of this Policy on its website. It is the User’s responsibility to check the Website before use.

7   

Contacting aCoin

All comments, questions, concerns or complaints regarding your Personal Information or this Policy, should be forwarded to aCoin as follows –

Address: Block 4,
150 Rivonia Road,
Morningside,
Johannesburg,
South Africa, 2057
Telephone: +27 11 589 9020
Email: support@acoin.co.za

Last updated: 28.07.2022