Privacy Policy
PRIVACY NOTICE BY ACCESSING AND USING THIS APPLICATION, YOU, THE USER, HEREBY CONSENT TO THE PROCESSING OF YOUR PERSONAL INFORMATION BY SKYBIRD TECHNOLOGIES (PTY) LIMITED (SKYBIRD) ON THE BASIS SET OUT IN THIS PRIVACY NOTICE. IF YOU DO NOT CONSENT TO SUCH PROCESSING, YOU MUST IMMEDIATELY STOP ACCESSING AND/OR USING THIS APPLICATION. 1. INTRODUCTION 1.1 Skybird collects, uses and, in some circumstances, shares your personal information when you access and use the application. 1.2 Skybird respects your legal rights, including your right to be protected against the unlawful collection, retention, sharing and use of your personal information. 1.3 The purpose of this Privacy Notice is to provide you with information about Skybird information processing activities and the manner in which your rights are protected. 1.4 This Privacy Notice serves as a blanket notification to you about Skybird's processing activities and will remain valid for a 12 month period. You will not be notified separately on each occasion that Skybird processes the same personal information in the same way over this 12 month period. 1.5 Skybird may amend the provisions of this Privacy Notice to comply with any changes in the law, and/or pursuant to any changes to its information processing activities or privacy practices. Such amendments will be published on our website and sent to you via email. An amended version of this Privacy Notice becomes operable from the date of publication. 2. DEFINITIONS AND INTERPRETATION 2.1 In this Privacy Notice, the following words bear the following meanings: 2.1.1 application means the SmartMall mobile application, as available from the Google Play Store and Apple's App Store; 2.1.2 consent means any voluntary, specific and informed expression of will in terms of which permission is given by you (or on your behalf by your authorised representative), for the processing of your personal information; 2.1.3 direct marketing means any approach, either in person or by mail or electronic communication, for the direct or indirect purpose of promoting or offering to supply any goods or services to you; 2.1.4 information officer means Kyle Porter; 2.1.5 operator means an outside third party who processes personal information for or on behalf of Skybird in terms of a contract or mandate, including hosting and other technology service providers; 2.1.6 personal information means any information linked to you, the user, or information that can identify you, including but not limited to: 2.1.6.1 information relating to your race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth; 2.1.6.2 information relating to your education or your medical, financial, criminal or employment history; 2.1.6.3 your identity number, e-mail address, physical address, telephone number, location information or online identifier; 2.1.6.4 your biometric information, including fingerprints, DNA or retina scans; 2.1.6.5 your personal opinions, views or preferences; 2.1.6.6 correspondence sent by you which is of a private or confidential nature; 2.1.6.7 the views or opinions of others about you; and 2.1.6.8 your name if it appears with other personal information relating to you, or if the disclosure of your name on its own would reveal further personal information about you; 2.1.7 POPI means the Protection of Personal Information Act 4 of 2013, including the Regulations and/or any applicable code of conduct promulgated under it; 2.1.8 PROATIA means the Promotion of Access to Information Act 2 of 2000; 2.1.9 process or processing means, in relation to personal information, any operation or activity or any set of operations, whether or not by automatic means, including: 2.1.9.1 the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use of that information; 2.1.9.2 dissemination by means of transmission, distribution or making available in any other form; or 2.1.9.3 merging, linking, as well as restriction, degradation, erasure or destruction of that information; 2.1.10 Regulations means the Regulations Relating to the Processing of Personal Information, 2018; 2.1.11 special personal information means information relating to your religious or philosophical beliefs, race or ethnic origin, trade union membership, political persuasion, health, sex life, biometric information or criminal record; 2.1.12 User/you means the individual who accesses and uses the application, or any of the content or services associated with the application; 2.2 Any reference in this Privacy Notice to: 2.2.1 the singular includes the plural and vice versa; 2.2.2 any one gender includes the other genders, as the case may be; 2.2.3 an act, regulation or other law is to the version of that law in force at the effective date of this notice and includes any amendment or re-enactment made to that law after the effective date of this notice. 2.3 When calculating any number of days for the purposes of this notice, the first day must be excluded and the last day of the relevant interval included, unless the last day is not a business day, then the last day will be the next succeeding business day. 2.4 The word "include" means "include without limitation". Use of the word include or in particular is for illustration or emphasis only and where followed by specific examples must not be interpreted as limiting the meaning of the general wording preceding it. 2.5 A requirement that any notice, request, demand or other communication made in terms of this Privacy Notice must be in writing will be met it is in the form of a data message as defined in the Electronic Communications and Transactions Act, No. 25 of 2002, and is accessible in a manner usable for subsequent reference. 3. RESPONSIBLE PARTY 3.1 Skybird will be the party who will be collecting and processing your personal information. As such, we are designated as the responsible party for the purposes of this Notice. 3.2 Skybird's contact details are as follows: 3.2.1 Physical address: Office 24a, 2nd Floor, Trident Park III, 1 Niblick Way, Somerset West 3.2.2 Contact telephone number: 021 886 5292 3.2.3 Email address: privacy@skybirdtech.co.za 3.2.4 Website address: www.skybirdtech.co.za 3.3 Skybird may instruct third party operators from time to time to undertake certain processing activities relating to your personal information. 4. WHAT PERSONAL INFORMATION IS COLLECTED 4.1 Skybird may collect the following personal information from the User: 4.1.1 First name; 4.1.2 Date of birth; 4.1.3 Gender (optional); 4.1.4 Email address; 4.1.5 Mobile number; 4.1.6 Information relating to your personal preferences, interests and opinions: 4.1.6.1 Categories of interest (e.g. homeware, fashion, technology); 4.1.6.2 Stores that you follow via the application; 4.1.6.3 A record of the date and time you visit each store; 4.1.6.4 A record of your visits to a Geofence, provided location services are enabled and the application is installed on your device; 4.1.6.5 Your dwell time within stores and Geofences; 4.1.7 Data collected when accessing specific store content. If you click on specific content, we record that. If the content is interactive, so it permits you to choose from multiple options, we record that; 4.1.8 Data collected regarding permissions: If you enable Bluetooth, push notification or macro location (Geofence) permissions, the application posts that to our content management system (CMS) for analytical analysis; 4.1.9 information about your device, including IP (Internet Protocol) address, operating system and browser type. 4.2 Supplying this personal information to Skybird is voluntary and not mandatory. However, if you don't supply this personal information, it will prevent you from using the application properly. 4.3 There is no applicable law which directly requires or authorises Skybird to collect your personal information. 5. PURPOSE/S FOR COLLECTION AND PROCESSING OF PERSONAL INFORMATION 5.1 Skybird will only collect your personal information for specific, explicitly defined and lawful purposes relating to a function or activity of Skybird's business. 5.2 Such purposes include the following: 5.2.1 to enter into a contract with you; 5.2.2 to perform any obligations under a contract with you; 5.2.3 to comply with our legal obligations; 5.2.4 to protect one or more of your legitimate interests (unless you have specifically objected in writing to all or some of such processing activities on reasonable grounds); 5.2.5 to pursue our own legitimate interests or the legitimate interests of a third party who we are permitted to share your information with (unless you have specifically objected in writing to all or some of such processing activities on reasonable grounds); 5.2.6 to process personal information for credit reporting purposes; 5.2.7 to process personal information for direct marketing purposes (unless you have opted out of receiving any such direct marketing material); 5.2.8 to present content to you in the most effective way, for you and for your device and/or browser; 5.2.9 to customise and display content including, but not limited to products, articles, listings and advertisement to you according to your interests or in any other manner most beneficial to you; 5.2.10 to send content including, but not limited to products, articles, listings and advertisement content to you via the application, or by email or other electronic media, where you have chosen to be contacted by Skybird with such content; 5.2.11 to enable you to voluntarily participate in interactive features on the application; 5.2.12 to notify you about changes to the application; 5.2.13 to contact you for purposes relating to your use of the application; 5.2.14 to collect technical information regarding the use of the application, which information is aggregated for analytical purposes, technical maintenance and for improving the functionality and content offered on the application. 5.3 If Skybird intends to process your personal information for any other purpose not listed in clause 5.2, or which is otherwise not automatically permitted by law, we shall ensure that we obtain your express consent to do so. 6. COLLECTION DIRECTLY FROM USER 6.1 Skybird shall, as far as possible, always collect personal information about you directly from you, except in the following circumstances: 6.1.1 Where personal information about you is collected from a public record, or from another source if the information has already been made public by you or on your behalf with your consent; 6.1.2 where you have given us your express consent to collect your personal information from another source; 6.1.3 where the collection of your personal information from another source will not prejudice any of your legitimate interests; 6.1.4 where the collection of personal information from another source is necessary to maintain Skybird's legitimate interests or those of any third party we are permitted to share that information with; 6.1.5 where the collection of personal information directly from you would prejudice the purpose for that collection; or 6.1.6 where the collection of personal information directly from you is not reasonably practicable in the circumstances. 6.2 Personal information may be collected from or supplied by you in any of the following ways: 6.2.1 during the process of registering as a user on the application; 6.2.2 provided by you when following specific stores or activating certain functionality offered on the application; 6.2.3 when subscribing to a service, entering into a competition or promotion, or participating in a survey offered via the application; 6.2.4 when posting a comment, review, reply or recommendation on the application; 6.2.5 when requesting further services or information from Skybird; 6.2.6 when contacting Skybird to report a problem with the application or for any other reason; 6.2.7 when completing any forms on the application. 6.3 Skybird may collect personal information about you from certain technology service providers, including Google Firebase, Gimbal SDK and SurveyMonkey. For more information, please consult the websites and/or terms and conditions for these services [or provide links to their websites or T&C's]. 6.4 If Skybird collects personal information from another source, we shall record in writing the details of that source, including the full names and contact details of that source where applicable. 7. GENERAL CONDITIONS FOR PROCESSING PERSONAL INFORMATION 7.1 When processing your personal information, Skybird implements and complies with the following measures and standards: 7.1.1 We will comply with all laws, contracts or regulations when it processes your personal information; 7.1.2 We will not act unreasonably when processing your personal information. This means that we will collect and process your personal information in a manner that you can reasonably expect and in a way that is fair; 7.1.3 We will respect your right to privacy at all times. If there is another way in which we can achieve the same goal without posing any risk of harm to your privacy, then we will choose that option; or if Skybird needs to process personal information but there are less privacy-invasive methods of collecting, using and sharing that information, then we will use those methods; 7.1.4 We will ensure that the personal information that is collected and processed is and remains relevant to the identified purpose/s for such processing, and that such information is and remains adequate, but not excessive, for achieving the identified purpose/s; 7.1.5 If there are any alternative ways to achieve the identified purpose/s without processing any personal information, we will not process that personal information; 7.1.6 We will ensure that the processing activities we choose to apply are proportionate to achieving the identified purpose/s and that no less privacy invasive measures are available to achieve the same purpose/s; 7.1.7 We will ensure that, regardless of the stated purpose/s for processing personal information, your rights and interests will not be unnecessarily prejudiced or infringed, unless it cannot be avoided, and then in such cases, we shall ensure that we act lawfully and that our own rights and/or interests justify such prejudice or infringement taking place; 7.1.8 Once we have achieved the stated purpose for processing your personal information, we will destroy or delete such information, unless you have directed otherwise in writing, or we are required by law to retain the information for a longer period of time; 7.1.9 If we no longer need to process personal information to achieve the purpose originally specified, we will stop using that information. 8. DISCLOSURE AND SHARING OF PERSONAL INFORMATION 8.1 Skybird may, in the course of offering you the full functionality of the application and to ensure the continued operation of the application, share certain personal information about you with the following third parties: 8.1.1 shopping mall owners and landlords; 8.1.2 store owners within specific shopping malls; and 8.1.3 operators who perform certain processing activities on our behalf; 8.2 The information shared and the categories of third party with whom it is shared is set out below: 8.2.1 Delivery and courier service providers (User's address, contact name and telephone number may be supplied); 8.2.2 Payment Gateway Provider (User's full names, credit card details); 8.2.3 Bulk email delivery providers (User's email addresses). 8.3 Skybird may also share aggregated information about Users of the application and their usage patterns. Skybird may also use such aggregated information to help advertisers target specific audiences. 8.4 Other than as stated in clause 8.1 and 8.3, Skybird shall not share your personal information with any third parties unless we have your express consent to do so. 9. USER'S RIGHTS IN RELATION TO THE PROCESSING OF PERSONAL INFORMATION 9.1 You shall have the following rights in relation to the processing of your personal information: 9.1.1 to access and correct any personal information held by Skybird about you; 9.1.2 to object to the processing of your information; and 9.1.3 to lodge a complaint with the Information Regulator. 9.2 You may make a request in terms of clause 9.1.1 by following the process for making such a request as set out in Skybird's PROATIA manual by emailing privacy@skybirdtech.co.za. 10. FURTHER PROCESSING 10.1 Skybird shall not process your personal information for any purpose not previously specified except in the following circumstances: 10.1.1 where you have consented to such further processing; 10.1.2 where the further processing is necessary for the exercise of any contractual rights or the fulfilment of any obligations between Skybird and you; 10.1.3 where the further processing activities are linked to or compatible with the original purpose; 10.1.4 where the further processing is necessary for the prevention, detection, investigation, prosecution and punishment of an offence; 10.1.5 where the further processing is necessary to enforce any law; 10.1.6 where the further processing is necessary for the conduct of legal proceedings in any court or tribunal that have commenced or are reasonably contemplated; 10.1.7 where the further processing is necessary to prevent or mitigate a serious and imminent threat to your life or health or that of another individual; 10.1.8 where the further processing is necessary for historical, statistical or research purposes. 10.2 Skybird shall ensure that if it intends processing personal information for other purposes not previously specified, it shall notify you of such further purposes and the possible consequences of the intended further processing for you. 11. ACCURACY, CORRECTNESS AND COMPLETENESS OF PERSONAL INFORMATION 11.1 Skybird shall take reasonably practicable steps to ensure that the personal information kept about you is complete, accurate, not misleading and is updated when necessary. 11.2 However, if you become aware of any personal information in Skybird's possession that is incorrect, inaccurate or which needs to be updated, you must make a written request to our information officer at privacy@skybirdtech.co.za to update or correct the relevant information. 11.3 If you have contested the accuracy of any personal information being used by Skybird, we shall immediately stop using that information until its accuracy has been verified. 11.4 Skybird reserves its right to only adhere to a request in terms of clause 11.2 if the correction or updating of that information will result in the personal information being correct and accurate. 11.5 Where personal information that has been shared by Skybird with a third party is subsequently updated or corrected, we shall ensure that all third parties with whom that information was shared receives the updated and/or corrected version of the information as soon as it has been updated and/or corrected. 12. SECURITY SAFEGUARDS 12.1 Skybird is committed to protecting personal information in our custody against any loss of, damage to or unauthorised destruction of that information, and to prevent any unauthorised parties from accessing that information. 12.2 We take steps to continually identify and document any risks to the personal information we have in our possession or under our control and that appropriate security safeguards are in place against those risks. 12.3 We shall ensure that in any contracts entered into with third party operators who process personal information on our behalf, include the following obligations: 12.3.1 the operator shall not process any personal information without our knowledge and authority; 12.3.2 the operator shall treat all personal information given to it as confidential and shall not disclose it to any unauthorised third parties; 12.3.3 the operator shall establish and maintain adequate security measures which are the same or offer similar protection over the personal information as that employed by us; 12.3.4 the operator shall notify Skybird immediately where there are reasonable grounds to believe that any personal information has been leaked to or accessed by any unauthorised person; 12.3.5 if the operator is situated in another country, it must comply with the data protection laws in that country and be able to provide verification that it is so compliant; 12.3.6 if an operator is legally obliged to disclose any personal information processed by them on our behalf to other parties, it must notify Skybird beforehand to enable us and/or individual users to protect their rights if necessary. 12.4 However, you must maintain the secrecy of any passwords used to gain access to the application and we strongly recommend that you change such passwords regularly. 13. NOTIFICATION OF BREACH OF SECURITY 13.1 If any personal information is inadvertently leaked or our security has been unlawfully breached by any unauthorised party, we shall immediately identify the relevant users who may be affected by the security breach, and shall contact them at their last known email address or contact details or by the quickest means possible. 13.2 If you are affected by any security breach or privacy failure, we shall provide sufficient information to you to allow you to take the necessary protective measures against the potential consequences of the compromise, or we shall advise you of the steps to be taken and the possible consequences that may ensue from the security breach or privacy failure. 14. DECISIONS BASED ON PERSONAL INFORMATION PROCESSED 14.1 If Skybird is required to make a decision about you using any personal information that has been obtained, we shall ensure that a record of such information and the decision made is kept for a reasonable period of time to give you an opportunity to request access to that record. 14.2 We will allow you a reasonable opportunity to make representations before any decision is made solely on the basis of the personal information processed, if that decision will affect your legal position, or will otherwise adversely affect you in some manner or form. 14.3 We will always ensure that the underlying logic behind any decision made pursuant to the automated processing of personal information is sound and that this underlying logic can be communicated to you to enable you to make any representations before a final decision is made. 14.4 If we have made a decision based on incorrect personal information, we shall immediately revisit that decision as soon as we receive notice or we become aware of the error or inaccuracy of that information. 15. THIRD PARTY LINKS 15.1 The application may contain links (or references) to other applications, websites, advertisements, promotions, competitions, products, services, or other information, belonging to or published by third parties which are not under Skybird's control (third party links). 15.2 The provisions of this Privacy Notice are not applicable to third party links and Skybird shall not responsible for the information processing practices and/or privacy policies of any third party. 16. DIRECT MARKETING 16.1 You hereby consent to the processing of your personal information for the purpose of direct marketing by means of electronic communications including automatic calling machines, facsimile machines, SMS's or electronic mail. 16.2 You may object, free of charge, and without unnecessary formality, to the use of your details for direct marketing purposes, either when the information was first collected from you or on receipt of any electronic communication sent to you by Skybird. 16.3 You may also opt out of receiving further marketing communications by un-checking certain boxes on the application, or by contacting Skybird at privacy@skybirdtech.co.za. 17. CHILDREN'S PERSONAL INFORMATION Skybird shall not process any personal information relating to a person under the age of 18 years unless it has obtained consent from that person's parent or legal guardian. If this website is being accessed by the parent or guardian of a child under the age of 18 years, and personal information pertaining to that child is being provided by the parent or guardian, then they hereby expressly consent to Skybird processing such information according to the further provisions of this Privacy Notice. 18. CROSS BORDER TRANSFERS OF PERSONAL INFORMATION 18.1 Subject to clause 18.2, Skybird does not intend sharing your personal information with any third party situated in another country. 18.2 Skybird uses Amazon Web Services (AWS) as its hosting service provider. Personal information will be transferred to AWS's servers situated in other countries. You hereby consent to such transfers taking place. AWS is subject to applicable data protection laws, binding codes of conduct and/or contracts which effectively uphold principles for the reasonable processing of personal information which are substantially similar to the data protection offered in the Republic of South Africa. For more information, please consult https://aws.amazon.com/privacy/ 19. RETENTION OF INFORMATION 19.1 Skybird will keep a record of any personal information collected from you for no longer than is necessary to achieve the specific purpose for which we collected such information in the first place unless: 19.1.1 we are required by law to keep a record of such information for a longer period of time; or 19.1.2 we need to keep a record of such information for another lawful purpose; or 19.1.3 we have a contractual obligation to keep a record of such information; or 19.1.4 you have consented to your information being kept for a longer period. 19.2 We may, if we have de-identified personal information, kept such information for historical, statistical or research purposes. We will ensure that appropriate safeguards are in place to prevent those records from being used for any other purposes, or against the information being re-identified. 20. RETURNING, DESTROYING OR DELETING PERSONAL INFORMATION 20.1 Where we are no longer authorised to retain a record of any personal information, we shall either: 20.1.1 ensure that the information is permanently destroyed or deleted as soon as reasonably practicable; or 20.1.2 return the information to you or, upon request, transfer it to a third party designated by you in writing. 21. CONSENT 21.1 You hereby consent to the processing of their personal information in terms of the provisions of this Privacy Notice. 21.2 You acknowledge and agree that such consent has been given voluntarily after you have read and understood the provisions of this Privacy Notice, in particular, regarding the following: 21.2.1 the types of personal information to be processed; 21.2.2 the specific processing activities to be undertaken; 21.2.3 the specific purpose/s for such processing; and 21.2.4 the possible consequences for you that may arise from such processing. 21.3 Should you wish to withdraw any consent previously given, you may notify Skybird's information officer in writing at privacy@skybirdtech.co.za 22. LODGING AN OBJECTION OR REQUEST FOR CORRECTION/DELETION 22.1 You may, on reasonable grounds, object to the processing of your personal information at any time after that processing has started by completing Form 1 [found at http://www.justice.gov.za/inforeg/docs.html) and sending it to Skybird's information officer at privacy@skybirdtech.co.za. 22.2 If you want to request a correction or deletion of your personal information, or the destruction or deletion of a record of personal information, please complete Form 2 [found at http://www.justice.gov.za/inforeg/docs.html) and sending it to Skybird's information officer at privacy@skybirdtech.co.za 23. CHOICE OF LAW This Privacy Notice shall be governed and interpreted in accordance with the laws of the Republic of South Africa. 24. AMENDMENT OF THIS PRIVACY NOTICE 24.1 Skybird reserves the right to change, update, add, remove and/or amend any of the provisions of this Privacy Notice from time to time. Such changes, updates, additions, removals or amendments will become effective from the date of their publication on the application and on our website. 24.2 It is your responsibility to ensure that you periodically check the provisions of this Privacy Notice for any such changes, updates, additions, removals or amendments before continuing to use the application. CONTACT For more information on your rights to privacy over your information, or the information processing activities of Skybird, please do not hesitate to contact us directly on privacy@skybirdtech.co.za or 021_886 5292. Date of last update: 7 February 2019