DrinkServe Propriety Limited trading as “DrinkServe”, with registration number 2015/025289/07 (“Company“, “DrinkServe“, “we”, “us” or “our”), a limited liability company registered in, and acting in accordance with, the laws of South Africa, is committed to ensuring the protection of the privacy of all visitors (“Visitors”) to our website and any related mobi-sites or software applications which are accessible at www.drinkserve.co.za (the “Website”), product platform (“Platform”) and mobile application (“App”), as well as all persons (“Customers”) who have subscribed to any of the services we offer (“Services”), whether they be ‘DrinkServe User Account’ users (“Users”) or product sellers (“Merchants”).
- It is important that you read this Policy with our Website Terms and any additional terms and conditions and policies incorporated in this Policy by reference. Each Data Provider needs to accept all the provisions in this Policy when he/she/it signs up for any of our Services or when providing your Personal Information to us in any other manner. If you do not agree with anything in this Policy, then you may not register and/or use any of the Services.
- You may not access the Website, App or Platform or use the Services if you are younger than 18 years old or do not have legal capacity to conclude legally binding contracts. Unless we clearly state otherwise when providing certain Services, we do not have any intention of collecting or processing any Personal Information from individuals under 18 years of age.
- This Policy was last updated on 2019/05/01.
- By accepting this Policy, accessing our Website or using our Services, you are regarded as having read, understood and agreed to be bound by this Policy.
- We may amend this Policy at any time by posting a revised version on our Website. The revised version will apply to all Data Providers with effect from the time we post it.
- We will provide Data Providers with at least 30 days’ prior notice of any such revision by posting notice of the change in the “Policy Updates” page of the Website and, subject to 1.2 below, the revision will then apply to Data Providers with effect from the date indicated in such notice, provided that if a Data Provider is not happy with the revisions made, he/she/it shall be entitled to terminate the Services subscribed for.
2. FEATURES OF HOW WE PROCESS YOUR PERSONAL INFORMATION
- Types of Information we collect
As a Data Provider, you hereby expressly consent and agree that we may electronically collect, store and use the following of your information for the purposes set out in clause 2.3 below:
- additional information you may provide to us on a voluntary basis, such as demographic information or information related to your favourite social networking site (e.g. the site name, address and description), or information relating to your participation in competitions, promotions, surveys, and/or additional services (“Optional Details”).
- How we collect such information
- Voluntarily provided by you: Optional Details may be submitted by you to us if you decide to upload or download certain content (or products) from the Website, App or Platform, enter competitions, take advantage of promotions, respond to surveys, register and subscribe for certain additional services, or otherwise use the optional features and functionality of the Website, App or Platform.
- Automatically gathered via various technologies:
- Other tracking technology: When you access the Website, App or Platform or open one of our HTML emails, certain Usage Details may be automatically collected and recorded by us from your system by using different types of tracking technology.
- Web Beacons: Our Website may contain electronic image requests (called a “single-pixel gif” or “web beacon” request) that allow us to count page views and to access cookies. Any electronic image viewed as part of a web page (including an ad banner) can act as a web beacon. Web beacons are typically 1-by-1 pixel files (so small that you would likely not realize that they are there), but their presence can usually be seen within a browser by clicking on “View” and then on “Source.” We may also include web beacons in HTML-formatted newsletters that we send to opt-in subscribers in order to count how many newsletters have been read. Our web beacons do not collect, gather, monitor or share any personally identifiable information about our Data Providers; they are just the technique we use to compile anonymous information about the Website and Service usage.
- The purpose for which we collect this information
- Any processing of your Personal Information will be reservedly for our legitimate business purposes and as a necessary function of your engagement with the Website, Platform, App and/or Services, and further, you have hereby expressly consented to this.
- We may use any Optional Details provided by you for such purposes as indicated to you at the time you agree to provide such Optional Details, where to the extent that the data provided by you constitutes “Personal Information”, it will be processed in accordance with this Policy.
- We may use your Usage Details to:
- automatically provide you with the latest version our Application on your system;
- remember your information so that you will not have to re-enter it during your visit or the next time you access the Website, App or Platform;
- monitor aggregate Website usage metrics such as total number of visitors and pages accessed; and
- track your entries, submissions, and status in any promotions or other activities in connection with your usage of the Website, App or Platform.
- We use information from our affiliates to supplement information you have provided to us, provide joint content and services like registration, product recommendations, transactions and customer support, to help detect and prevent potentially illegal acts and violations of our policies, and to guide decisions about their products, services and communications.
3. INFORMATION ABOUT USERS
- Types of information we collect about Users
If you are a User, you further agree that we may also electronically collect, store and use the following types of your Personal Information:
- name and surname, birth date, identity number and/or passport number, gender, country of residence, and nationality (“Personal Details”);
- email address, mobile number, and credit card billing address (“Contact Details”);
- the credit card number, cardholder name and expiration date you submit to us in respect of your credit card(s), in accordance with the User Agreement (“Card Details”);
- your bank account number, bank name and bank branch code you submit to us in respect of your bank account, in accordance with the User Agreement (“Bank Account Details”);
- How we collect information about Users
We collect the aforesaid information from you in the following manner:
- User-provided Information: Your Personal Details, Contact Details, Card Details and
Bank Details will be provided by you directly to us during your registration as a User and/or thereafter by your actively updating or supplementing such details in your User Account.
- Merchant-provided information: During your registration as a User, we may collect from the person you wish to pay via the internet using the Services (such person hereinafter referred to as a “Merchant”), such of your Personal Details, Contact Details and/or Card Details as you may have already submitted to such Merchant, without you having to re-enter such information. However, prior to doing so, we shall notify you thereof and request your consent thereto.
- The purposes for which we collect the information
We use the information that Users provide (or that we collect) to operate, maintain, enhance, and provide all of the features of the Services, and as may be necessary to comply legally as a payment service provider. More specifically:
- We use your Card Details in order to provide the Services (including the verification thereof when you transact with Merchant) and, should fees be charged for some of the Services and you have selected a credit card as your means of payment therefor, to debit such credit card for such fees owed by you.
- We use your Personal Details to greet you when you access your User Account, to manage and administer your use of the Services and fulfil our contractual obligations, including by verifying your identity when you transact with a Merchant. We may also share your Personal Details with the platform provider via which you agreed to sign up for a DrinkServe User Account even if such sign up occurred on our Website.
- We use your Contact Details to verify your identity and to inform you of facts relating to your use of the Services (e.g. notifications regarding major updates or content you have posted or downloaded from the Website or Platform, customer service notifications, and to address copyright infringement or defamation issues) as well as to inform you, subject to obtaining your prior consent, of competitions, promotions and special offers from us and/or our partners and/or affiliates.
4. INFORMATION ABOUT MERCHANTS
- Types of information we collect about Merchants
If you are a Merchant, you also agree that we may electronically collect, store and use the following types of your Personal Information:
- If you are an individual, your full name/s, birth date, identity number and/or passport number, gender, country of residence, and nationality (“Personal Details”);
- If you are a legal entity, your full name, registration number, country of incorporation (“Corporate Details”), and the Personal Details of all your directors and/or office bearers;
- email address, mobile number, and such other contact details as provided in the Merchant Application Form (“Contact Details”);
- your bank account number, bank name and bank branch code(“Bank Account Details”).
- How we collect information about Merchants
- You provide the aforesaid information directly to us in the Application Form you submit to us during your registration as Merchant and thereafter should you actively update or supplement such details in your Merchant Account.
- The purposes for which we collect the information
We use the information that Merchants provide to operate, maintain, enhance, and provide all of the features and Services provided to Merchants and as may be necessary to comply legally as a payment service provider. More specifically:
- We use your Banking Details and Corporate Details (or Personal Details, as the case may be) in order to provide the Services and fulfil our contractual obligations, including by verifying your identity and your bank account information when transacting with a User, the payment to you of funds due to you, or debiting of fees due by you.
- We use your Contact Details to verify your identity and to inform you of facts relating to your use of the Services (e.g. notifications regarding scheduled system maintenance or downtime, major updates, customer service notifications, and to address copyright infringement or defamation issues) as well as to inform you, subject to obtaining your prior consent, of competitions, promotions and special offers form us and/or our partners and/or affiliates.
5. HOW WE PROTECT & STORE PERSONAL INFORMATION
- We store and process the Personal Information of all Data Providers on our computers, and we protect it by maintaining reasonable industry-standard physical, electronic and procedural safeguards. We use computer safeguards such as firewalls and data encryption, we enforce physical access controls to our buildings and files, and we authorize access to Personal Information only for those employees who require it to fulfil their job responsibilities, which employees are subject to appropriate confidentiality provisions protecting your Personal Information from disclosure beyond what is allowed in terms of this Policy.
- You should not divulge your account password to anyone. WE WILL NEVER ASK YOU FOR YOUR PASSWORD IN AN UNSOLICITED TELEPHONE CALL OR EMAIL. YOU ARE RESPONSIBLE FOR MAINTAINING THE SECRECY OF YOUR UNIQUE PASSWORD AND ACCOUNT INFORMATION AT ALL TIMES.
- For security purposes, if you are a legal entity and not an individual, we will liaise only with your named contact or alternative contact provided by your named contact. It is your responsibility to let us know of any changes to your named contact, where we will not be liable at all for any consequences stemming from your failure to do so.
6. HOW WE SHARE PERSONAL INFORMATION WITH OTHERS
- We may share your Personal Information with:
- A Merchant, if you are a User;
- the persons making payment to you, if you are a Merchant;
- service providers under contract with us who help with parts of our business operations (payment processing, fraud prevention, bill collection, marketing, technology services). Our contracts dictate that these service providers only use your information in connection with the services they perform for us and not for their own benefit, and process your Personal Information at standards equal to or better than ours;
- financial institutions that we partner with to jointly create and offer products and services. These financial institutions may only use this information to market Company-related products, unless you have given consent for other uses;
- credit bureaus to report account information, as permitted by law;
- banking partners as required by credit card association rules for inclusion on their list of terminated Merchant (in the event that you utilise the Services to receive payments and you meet their criteria);
- companies that we plan to merge with or be acquired by. (Should such a combination occur, we will require that the new combined entity follow this Policy with respect to your Personal Information. If your Personal Information could be used contrary to this Policy, you will receive prior notice);
- law enforcement, government officials, fraud detection agencies or other third parties when:
- we are compelled to do so by a subpoena, court order or similar legal procedure;
- we need to do so to comply with any law;
- we believe in good faith that the disclosure of Personal Information is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of our User Agreement (if you are a User), our Website Terms, or our Merchant Service Terms; and/or
- other third parties, with your consent or direction to do so;
- We will not sell or rent any of your Personal Information to third parties for their marketing purposes and only share your Personal Information with third parties as described in this Policy. Note however that if you open a User Account directly on a third-party website or application, any information that you enter on that website or application (and not directly on our Website) will be shared with the owner of the third-party website or application who may have their own privacy policies/procedure to which you may be subject.
- We may also or alternatively store your Personal Information on and transfer your Personal Information to locations outside of South Africa, for example in England or Ireland. If the location is located in a jurisdiction that does not have substantially similar laws which provide for the protection of personal information, you consent to us transferring and storing your Personal Information in such jurisdiction provided that we will take the necessary steps to ensure that your Personal Information is adequately protected in that jurisdiction on standards equal to or better than our required standards.
7. HOW WE SHARE CUSTOMERS’ PERSONAL INFORMATION WITH MERCHANTS
- If you are buying goods or services and pay through our Service, we may provide our Merchant with your credit card billing address to help complete your transaction. Our Merchant is not allowed to use this information to market their services to you unless you have agreed to it.
- We work with our Merchants to enable them to accept payments from you using our Services. In doing so, a Merchant may share information about you with us (e.g. email address) when you attempt to pay that Merchant. We use this information to confirm to the Merchant that you are a User and that the Merchant should accept payment for your purchase via your DrinkServe User Account. Also, if you request that we validate your status as a User with a third party, we will do so.
- Please note that a Merchant you buy from and/or have contract with, may have their own privacy policies, and we may not be held responsible for their operations, including, but not limited to, their information practices.
8. HOW TO ACCESS, CHANGE OR DELETE YOUR PERSONAL INFORMATION
- You can review and edit any of your Personal Information at any time by signing in to your Account and clicking the My Profile menu in any of our pages, where you agree to provide accurate and current information, and, generally, not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything
- You warrant that the Personal Information disclosed to us is directly from you as the Data Provider or on behalf of an entity for which you have all requisite authority to do so, and all such Personal Information is lawfully yours to provide.
- You also have the right to request access to your Personal Information, provided you provide us with proof of identity in a form acceptable to us. You may request that we (i) confirm, free of charge, whether or not we hold Personal Information about you; and (ii) provide you with record or a description of the Personal Information we hold about you, including information about the identity of all third parties, or categories of third parties, who have, or have had, access to the information, and we will do this within a reasonable time; at a prescribed fee; in a reasonable manner and format; and in a form that is generally understandable.
- Deleting your information:
- Mobile App: Should you decide to delete your account/profile and related information from the App, you may do so by deleting the App from your device(s). You understand that by deleting the App, your profile/account details including any saved information, and any promotional offers received by you, will be no longer retrievable/accessible or editable by you. However, we make no representations or warranties that content or actions previously posted or embedded onto the App by you will be removed by a deletion of the App.
- Website account: You may request that your account is deactivated by emailing us on email@example.com.
- Please note: Even after you have removed the App or requested that we deactivate your account on the Website, copies of that information may remain viewable elsewhere, to the extent it has been shared with others, it was otherwise distributed pursuant to User’s privacy settings, or it was copied or stored by other users, our Merchants, and partners.
- In some circumstances, other applicable national laws require us to retain your Personal Information beyond your request for its deletion/amendment, or beyond your direct engagement with us (such as anti-terrorism or financial services laws). As such, we may retain your Personal Information in adherence with compulsory instructions from other applicable national laws, notwithstanding your application to have it deleted or amended.
9. NON-PERSONAL INFORMATION
- Notwithstanding anything contained in this Policy regarding your information, the following information is not regarded as Personal Information for purposes of this Policy:
- Permanently de-identified information that does not relate and/or cannot be traced back to you specifically. We may compile, use, share and otherwise process such information as we deem fit.
- Non-personal statistical information collected and compiled by us. We own and retain all rights in such information.
- Information which you have provided voluntarily in an open, public environment or forum including (without limitation) any blog, chat room, albums, community, classifieds or discussion board. Because the information has been disclosed in a public forum, it is no longer confidential and does not constitute Personal Information subject to protection under this Policy. Since such public environments are accessible by third parties, it is possible that third parties may collect and collate and use such information for their own purposes and you should accordingly be careful when deciding to share any of your Personal Information in such public environments.
10. YOUR CONSENT TO THE PROCESSING OF YOUR PERSONAL INFORMATION
- By accepting this Policy, you consent to our collection, storage, processing and disclosure of your Personal Information as described in this Policy, for so long as you are a Data Provider. Should you terminate your registration with us and close your Account, you consent to our retention of the information we have already collected from you for record-keeping and statistical analysis purposes, but only in accordance with applicable law.
11. HOW YOU CAN CONTACT US ABOUT PRIVACY RELATED QUESTIONS
- If you have questions or concerns regarding this Policy, or you are aware that a minor under the age of 18 has provided us with Personal Information, you should contact us by using the contact us link in any our pages or contact us on +27 (21) 928 1368 for international. You can also email us at
- We will promptly notify you if we become aware of any unauthorised use, disclosure or processing of your Personal Information, and should you become aware of such a breach before we discover it, please immediately contact firstname.lastname@example.org and mitigate your potential damage as quickly and as much as possible (for example, by immediately changing all relevant Website, App and/or Platform passwords)
- Data Providers with citizenships from jurisdictions other than of South Africa, please note that we comply with all South African data protection laws when processing your Personal Information in any way, namely the Protection of Personal Information Act, 2013. Should foreign law be applicable in any regard to your use of the Services, App, Platform and/or the Website in any way, including how we may process your Personal Information, please contact us at email@example.com to gladly engage you on its application and your rights.