HOOPLA DIGITAL (PTY) LTD DATA PROTECTION AND PRIVACY POLICY

DEFINITIONS

In this Policy (as defined below), unless the context requires otherwise, the following capitalised terms shall have the meanings given to them.

• Active Processing means instances where Hoopla Loans has directly been provided with the Personal Information/Personal Data of Data Subjects, such as when Data Subjects submit an enquiry in respect of our Services, or when Data Subjects provide Personal Information/Personal Data to Hoopla Loans pursuant to concluding any commercial agreement(s) with Hoopla Loans;
• Inactive Processing means instances where Hoopla Loans has not actively been provided with the Personal Information/Personal Data of Data Subjects, such as when Hoopla Loans deploys Passive Processing Means to collect information from Data Subjects. These Passive Processing Means allow Hoopla Loans to Process certain kinds of Non-personally Identifiable Information which can perhaps not be linked to Data Subjects;
• Anonymisation means the Processing of Personal Information/Personal Data in such a manner that the Personal Information/Personal Data can no longer be attributed to Data Subjects without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the Personal Information/Personal Data are not attributed to Data Subjects;
• "Applicable Laws" means any laws applicable to Personal Data and Personal Information and includes any statute, regulation, notice, policy, directive, ruling or subordinate legislation; the common law; any binding court order, judgement or ruling; any applicable industry code, policy or standard enforceable by law; or any applicable direction, policy or order that is given by any regulator, competent authority or organ of state or statutory industry body;
• "Competent Person" means anyone who is legally competent to consent to any action or decision being taken by any matter concerning a child, for example a parent or legal guardian;
• "Controller" means Hoopla Loans, in circumstances where it Processes Personal Data (as defined in Article 4 of the GDPR);
• "Consent" means any voluntary, specific and informed expression of will in terms of which permission is given for the Processing of Personal Information;
• "Cookies" means small text files that store Non-personally Identifiable Information/Data about Data Subjects, either temporarily in connection with a Data Subject’s Internet Protocol (IP) address (known as a temporary or session cookie, and deleted once a Data Subject closes their browser window) or more permanently on the hard drive of a Data Subject’s device (known as a permanent or persistent cookie). Hoopla Loans’ Website(s) or Mobile Application(s) may from time to time use session cookies so that Data Subjects do not have to fill in the same information from page to page within our Website(s) or Mobile Application(s). If Data Subjects elect not to receive cookies, they may be able to view some, but not all, of the content on our Website(s) or Mobile Application(s);
• "Customer(s)" means any natural person(s), or juristic person(s), who have concluded an agreement with Hoopla Loans in terms of which such Customer procures the Services provided by Hoopla Loans;
• "Data Subject" means Hoopla Loans’ Customer(s) or any Third Party in respect of whom Hoopla Loans Processes Personal Information/Personal Data;
• "Data Processing Infrastructure" means any and all systems, networks, servers, workstations, laptops, mobile devices, web applications, mobile applications, cloud storages, websites owned, controlled or operated by Hoopla Loans;
• "Embedded Scripts" means, programming code that is designed to collect information about a Data Subject’s interactions with the relevant Website(s) or Mobile Application(s). It is temporarily downloaded onto a Data Subject’s device from our web server or a Third-Party Operator. This program is active only while a Data Subject is connected to the relevant Website(s) or Mobile Application(s) and is deleted or deactivated thereafter;
• "Electronic Means" means, in relation to the Processing of any Personal Information/Personal Data, the use of any Website(s), Mobile Application(s), electronic mail (email), text, voice, sound or image messages by Hoopla Loans;
• "Non-Electronic Means" means, in relation to the Processing of any Personal Information/Personal Data, the use of traditional means of Processing, such as hard copy documents, traditional filing systems deployed for the storage and retention of Personal Information/Personal Data and face-to-face personal engagements with Data Subjects;
• "GDPR" means the General Data Protection Regulation, which is a European law that governs all collection and processing of personal data from individuals inside the European Union;
• "Hoopla Loans" means Hoopla Digital (Pty) Ltd with registration number 2019/599562/07, which is a company registered as such in terms of the Company Laws of South Africa;
• "Mobile Application(s)" means any multi-device software application, whether in web-based format or device-native format, to which this Privacy Policy relates and through which Customer(s) and Third Parties gain access to Hoopla Loans’ Services;
• "Mobile Device Identifier" means device information if you access our Website(s) or Mobile Application(s) through mobile devices. Certain features of the relevant Website(s) or Mobile Application(s) may require collection of mobile phone numbers and we may associate that phone number with the mobile device identifiers. Additionally, some mobile phone service providers operate systems that pinpoint the physical location of devices that use their service. Depending on the provider, Hoopla Loans and/or our Third-Party Operators may receive this information. If Hoopla Loans associates any such passively collected information with the Personal Information/Personal Data of Data Subjects, we will treat the combined information as Personal Information/Personal Data as contemplated in this Policy;
• "Non-personally Identifiable Information/Data" means any information/data which cannot be linked to Data Subjects, such as an internet domain name, the type of web browser used by a Data Subject, the type of operating system relied on by a Data Subject, the date and time of a Data Subject’s visit to our Website(s) and Mobile Application(s), the specific pages a Data Subject may have visited, and the address of the website which a Data Subjects may have visited prior to entering or gaining access to Hoopla Loans’ Website(s) or Mobile Application(s);
• "Operator" means a person or entity who Processes Personal Information/Data for a Responsible Party;
• "Passive Processing Means" means the use of technologies to facilitate the Inactive Processing of Personal Information/Personal Data, namely the use of Cookies, Web Beacons, Embedded Scripts and/or Mobile Device Identifiers;
• "Personal Data" (as defined in Article 4 of the GDPR) means any information relating to an identified or identifiable natural person ('data subject'); an identifiable natural person is one who can be identified, directly or indirectly, which in the context of Hoopla Loans shall comprise of the types of Personal Data recorded at paragraph 4.6 below;
• "Personal Information" shall have the same meaning as is given in section 1 of POPIA, but shall in the context of Hoopla Loans comprise of the types of Personal Information recorded at paragraph 4.6 below;
• "Policy" means this Data Protection and Privacy Policy;
• "POPIA" means the Protection of Personal Information Act, No 4 of 2013;
• "Processing" means any operation or activity or any set of operations, whether or not by automatic means, concerning Personal Information/Personal Data, including:
• The collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use;
• dissemination by means of transmission, distribution or making available in any other form by electronic communications or other means; or merging, linking, blocking, degradation, erasure or destruction. For the purposes of this definition, "Process" has a corresponding meaning "Regulator" means the Information Regulator established in terms of POPIA;
• Responsible Party means in the context of this Policy, Hoopla Loans;
• "Services" means the various financial brokerage services provided by Hoopla Loans to its Customer(s), the particulars of which services are clearly set forth on Hoopla Loans’ Website from time to time;
• Third-Party means any Hoopla Loans Customer(s), Data Subject(s), employees, business partners, independent contractor, agent, consultant or user of Hoopla Loans’ Services, Website or any other digital application interface;
• "Unique Identifier" means any identifier that is assigned to a Data Subject and is used by the Responsible Party for the purposes of the operations of that Responsible Party and that uniquely identifies that data subject in relation to the Responsible Party;
• Website means the website owned and operated by Hoopla Loans sourced at www.hooplaloans.co.za.
• Web Beacons means small graphic images called web beacons, also known as “Internet tags” or “clear gifs,”, which Web Beacons may be deployed in Hoopla Loans’ Website(s) pages and e-mail messages. Web beacons may be invisible to Data Subjects, but any electronic image inserted into a web page or e-mail can act as a Web Beacon. Hoopla Loans may use web beacons or similar technologies for a number of purposes, including, without limitation, to count the number of visitors to our Websites, Mobile Application(s), to monitor how users navigate the Website(s) or Mobile Application(s), to count how many e-mails that we have sent were actually opened or to count how many particular articles or links were actually viewed by Data Subjects in certain circumstances.

Introduction

• This Policy regulates the Processing of Personal Information/Personal Data by Hoopla Loans and sets forth the requirements with which Hoopla Loans undertakes to comply when Processing Personal Information/Personal Data pursuant to undertaking its operations and fulfilling its contractual obligations in respect of Data Subjects and Third Parties in general.
• Hoopla Loans places a high premium on the privacy of every person or organisation with whom it interacts or engages and therefore acknowledges the need to ensure that Personal Information/Personal Data is handled with a reasonable standard of care as may be expected from it. Hoopla Loans is therefore committed to ensuring that it complies with the requirements of POPIA, and also with the terms of the GDPR to the extent that the GDPR applies.
• When a Data Subject or Third Party engages with Hoopla Loans, whether it be physically or via any digital, electronic interface such as Hoopla Loans’ Website, the Data Subject or Third Party acknowledges that they trust Hoopla Loans to Process their Personal Information/Personal Data, including the Personal Information/Personal Data of their dependents, beneficiaries, customers, members, or employees as the case may be, which further entrenches the importance of Hoopla Loans’ compliance with Applicable Laws in regards to the Processing of Personal Information/Personal Data.
• All Data Subjects and Third Parties have the right to object to the processing of their Personal Information/Personal Data. It should be voluntary to accept the Terms and Conditions to which this Policy relates. However, Hoopla Loans does require the Data Subject or Third Party’s acceptance to enable the proper use of Hoopla Loans’ Website and/or Services.

Purpose and application

• The purposes of this Policy are not only to inform Data Subjects of what Personal Information/Personal Data of theirs Hoopla Loans may Process, where Hoopla Loans may have collected such Personal Information/Personal Data from (if not directly from them as the Data Subject), how Hoopla Loans Processes their Personal Information/Personal Data, but also to establish a standard by which Hoopla Loans and its employees and representatives shall comply in as far as the Processing of Personal Information/Personal Data is concerned.
• Hoopla Loans, in its capacity as a Responsible Party and/or Operator and/or Controller, as the case may be, shall strive to observe and comply with its obligations under POPIA and the GDPR (as may be applicable and to the extent necessary) when it Processes Personal Information/Personal Data from or in respect of any Data Subject.

COLLECTING & PROCESSING OF PERSONAL INFORMATION/PERSONAL DATA

• Whenever any Data Subject engages with Hoopla Loans, whether it be physically or electronically, or through the use of its Services, facilities or Website, Hoopla Loans will in effect be Processing the Data Subject’s Personal Information/Personal Data.
• It may be from time to time that Hoopla Loans has collected a Data Subject’s Personal Information/Personal Data from other sources and in such instances Hoopla Loans will inform the Data Subject by virtue of any privacy notices it deploys from time to time. In the event that a Data Subject has shared their Personal Information/Personal Data with any third parties, Hoopla Loans will not be responsible for any loss suffered by the Data Subject, their dependents, beneficiaries, customers, members or employees (as the case may be).
• When a Data Subject provides Hoopla Loans with the Personal Information of any other Third Party, Hoopla Loans will process the Personal Information/Personal Data of such Third Party in line with this Policy, as well as any terms and conditions or privacy notices to which this Policy relates.
• Hoopla Loans will primarily Process Personal Information/Personal Data in order to facilitate and enhance the delivery of Services to its Customers, manage and administer its business, foster a legally compliant workplace environment, as well as safeguard the Personal Information/Personal Data relating to any Data Subjects which it in fact holds. In such an instance, the Data Subject providing Hoopla Loans with such Personal Information/Personal Data may also be required to confirm that they are a Competent Person and that they have authority to give the requisite consent to enable Hoopla Loans to process such Personal Information/Personal Data.
• Hoopla Loans undertakes to process any Personal Information/Personal Data in a manner which promotes the constitutional right to privacy, retains accountability and Data Subject participation.
• Prior to recording the purpose(s) for which Hoopla Loans may, or will, process the Personal Information/Personal Data of Data Subjects, Hoopla Loans hereby records the types of Personal Information/Personal Data of Data Subjects it may process from time to time:
• Full names;
• Identity numbers;
• Registration numbers;
• Financial information, including banking account information;
• Income information of Data Subjects;
• Credit history information;
• Statutory information;
• Physical and postal address particulars;
• Telephone numbers;
• Email addresses;
• Opinions and preferences;
• Employment information; and
• Unique Identifiers.
• In supplementation of the above and any information privacy notices provided to any Customers or Third Parties from time to time pursuant to any engagement with them, Hoopla Loans may process Personal Information/Personal Data for the following purposes:
• To provide or manage any information or Services requested by or delivered to Data Subjects in general;
• To establish a Data Subject’s needs, wants and preferences in relation to the Services provided by Hoopla Loans;
• To help Hoopla Loans identify Data Subjects when they engage with Hoopla Loans;
• To facilitate the delivery of Services to Customers;
• To allocate to Customers and Data Subjects Unique Identifiers for the purpose of securely storing, retaining and recalling their Personal Information/Personal Data from time to time;
• To maintain records of Data Subjects and specifically Customer records;
• To maintain Third Party records;
• For recruitment purposes;
• For employment purposes;
• For apprenticeship purposes;
• For general administration purposes;
• For legal and/or contractual purposes;
• For health and safety purposes;
• To monitor access, secure and manage any facilities owned or operated by Hoopla Loans regardless of location;
• To transact with Third Parties;
• To improve the quality of Hoopla Loans’ Services;
• To transfer Personal Information/Personal Data to Third Party service providers so as to enable Hoopla Loans to deliver Services to its Customer(s);
• To analyse the Personal Information/Personal Data collected for research and statistical purposes;
• To help recover bad debts;
• To transfer Personal Information/Personal Data across the borders of South Africa to other jurisdictions if it is required;
• To carry out analysis and Customer profiling;
• To identify other services which might be of interest to our Customers and Data Subjects in general, as well as to inform them of such services;
• To give effect to services research and development;
• To comply with any Applicable Laws applicable to Hoopla Loans.
• When collecting Personal Information/Personal Data from a Data Subject, Hoopla Loans shall comply with the notification requirements as set out in Section 18 of POPIA, and to the extent applicable, Articles 13 and 14 of the GDPR.
• Hoopla Loans will collect and Process Personal Information/Personal Data in compliance with the conditions as set out in POPIA and/or the Processing principles in the GDPR (as the case may be), to ensure that it protects the Data Subject's privacy.
• Hoopla Loans will not Process the Personal Information/Personal Data of a Data Subject for any purpose other than for the purposes set forth in this Policy or in any other privacy notices which may be provided to Data Subjects from time to time, unless Hoopla Loans is permitted or required to do so in terms of Applicable Laws or otherwise by law.
• Hoopla Loans may from time-to-time Process Personal Information/Personal Data by making use of automated means (without deploying any human intervention in the decision-making process) to make decisions about the Data Subject or their application. In this instance it is specifically recorded that the Data Subject may object to or query the outcomes of such a decision.

PERSONAL INFORMATION/PERSONAL DATA FOR DIRECT MARKETING PURPOSES

• Hoopla Loans acknowledges that it may only use Personal Information/Personal Data to contact Data Subjects for purposes of direct marketing where Hoopla Loans has complied with the provisions of POPIA and GDPR (where applicable) and when it is generally permissible to do so in terms of Applicable Laws.
• In the event that Hoopla Loans may lawfully direct market to a Data Subject who is a Hoopla Loans Customer, Hoopla Loans will ensure that a reasonable opportunity is given to such Customer to object (opt-out) to the use of their Personal Information/Personal Data for Hoopla Loans’ marketing purposes when collecting the Personal Information/Personal Data and on the occasion of each communication to the Customer for purposes of direct marketing.
• STORAGE AND RETENTION OF PERSONAL INFORMATION/PERSONAL DATA
• Hoopla Loans will retain Personal Information/Data it has Processed, in an electronic or hardcopy file format, with a Third-Party service provider appointed for this purpose (the provisions of clause 9 below will apply in this regard).
• Personal Information/Personal Data will only be retained by Hoopla Loans for as long as necessary to fulfil the legitimate purposes for which that Personal Information/Personal Data was collected in the first place and/or as permitted or required in terms of Applicable Law. It is specifically recorded that any Data Subject has the right to object to the Processing of their Personal Information and Hoopla Loans shall retain and store the Data Subject’s Personal Information/Personal Data for the purposes of dealing with such an objection or enquiry as soon and as swiftly as possible.
• FAILURE TO PROVIDE PERSONAL INFORMATION Where Hoopla Loans is required to collect Personal Information/Personal Data from a Data Subject by law or in order to fulfil a legitimate business purpose of Hoopla Loans and the Data Subject fails to provide such Personal Information/Personal Data, Hoopla Loans may, on notice to the Data Subject, decline to render services without any liability to the Data Subject.

SECURING PERSONAL INFORMATION/PERSONAL DATA

• Hoopla Loans will always implement appropriate, reasonable, physical, organisational, contractual and technological security measures to secure the integrity and confidentiality of Personal Information/Personal Data, including measures to protect against the loss or theft, unauthorised access, disclosure, copying, use or modification of Personal Information/Personal Data in compliance with Applicable Laws.
• In further compliance with Applicable Law, Hoopla Loans will take steps to notify the relevant Regulator(s) and/or any affected Data Subjects in the event of a security breach and will provide such notification as soon as reasonably possible after becoming aware of any such breach.
• Notwithstanding any other provisions of this Policy, it should be acknowledged that the transmission of Personal Information/Personal Data, whether it be physically in person, via the internet or any other digital data transferring technology, is not completely secure. Whilst Hoopla Loans has taken all appropriate, reasonable measures contemplated in clause 8.1 above to secure the integrity and confidentiality of the Personal Information/Personal Data its Processes, in order to guard against the loss of, damage to or unauthorized destruction of Personal Information/Personal Data and unlawful access to or processing of Personal Information/Personal Data, Hoopla Loans in no way guarantees that its security system is 100% secure or error-free. Therefore, Hoopla Loans does not guarantee the security or accuracy of the information (whether it be Personal Information/Personal Data or not) which it collects from any Data Subject.
• Any transmission of Personal Information/Personal Data will be solely at the own risk of the Data Subject. Once Hoopla Loans has received the Personal Information/Personal Data, it will deploy and use strict procedures and security features to try to prevent unauthorised access to it. As indicated above, Hoopla Loans reiterates that it restricts access to Personal Information/Personal Data to Third Parties who have a legitimate operational reason for having access to such Personal Information/Personal Data. Hoopla Loans also maintains electronic and procedural safeguards that comply with the Applicable Laws to protect your Personal Information from any unauthorized access.
• Hoopla Loans shall not be held responsible and by accepting the terms and conditions to which this Policy relates, any Data Subject agrees to indemnify and hold Hoopla Loans harmless for any security breaches which may potentially expose the Personal Information/Personal Data in Hoopla Loans’ possession to unauthorized access and or the unlawful processing of such Personal Information/Personal Data by any Third-Party.

PROVISION OF PERSONAL INFORMATION/PERSONAL DATA TO THIRD PARTIES

• Hoopla Loans may disclose Personal Information/Personal Data to Third-Party service providers where necessary and to achieve the purpose(s) for which the Personal Information/Personal Data was originally collected and Processed. Hoopla Loans will enter into written agreements with such Third-Party service providers to ensure that they comply with Applicable Laws pursuant to the Processing of Personal Information/Personal Data provided to it by Hoopla Loans from time to time.

TRANSFER OF PERSONAL INFORMATION/PERSONAL DATA OUTSIDE OF SOUTH AFRICA

• Hoopla Loans may, under certain circumstances, transfer Personal Information/Personal Data to a jurisdiction outside of the Republic of South Africa in order to achieve the purpose(s) for which the Personal Information/Data was collected and Processed, including for Processing and storage by Third-Party service providers.
• Hoopla Loans will obtain the Data Subject's consent to transfer the Personal Information/Personal Data to such foreign jurisdiction unless consent is not required by Applicable Law.
• The Data Subject should also take note that, where the Personal Information/Personal Data is transferred to a foreign jurisdiction, the Processing of Personal Information/Personal Data in the foreign jurisdiction may be subject to the laws of that foreign jurisdiction.

ACCESS TO PERSONAL INFORMATION/PERSONAL DATA

• A Data Subject has the right to a copy of the Personal Information/Personal Data which is held by Hoopla Loans (subject to a few limited exemptions as provided for under Applicable Law).
• The Data Subject must make a written request (which can be by email) to the Information Officer designated by Hoopla Loans from time to time and whose contact details can be sourced on Hoopla Loans’ Website.
• Hoopla Loans will provide the Data Subject with any such Personal Information/Personal Data to the extent required by Applicable law.
• The Data Subject can challenge the accuracy or completeness of his/her/its Personal Information/Personal Data in Hoopla Loans’ records at any time.

KEEPING PERSONAL INFORMATION/PERSONAL DATA ACCURATE

• Hoopla Loans will take reasonable steps to ensure that Personal Information/Personal Data that it Processes is kept updated where reasonably possible. For this purpose, Hoopla Loans shall provide Data Subjects with the opportunity to update their information at appropriate times.
• Hoopla Loans may not always expressly request the Data Subject to verify and update his/her/its Personal Information/Personal Data and expects that the Data Subject will notify Hoopla Loans from time to time in writing:
• of any updates or amendments required in respect of his/her/its Personal Information/Personal Data;
• where the Data Subject requires Hoopla Loans to delete his/her/its Personal Information/Personal Data; or
• where the Data Subject wishes to restrict the Processing of his/her/its Personal Information/Personal Data.

COSTS TO ACCESS PERSONAL INFORMATION/PERSONAL DATA

• Hoopla Loans will charge a fee to provide copies of the Data Subject's Personal Information/Personal Data.
• Hoopla Loans reserves the right to make amendments to this Policy from time to time.

COMPLAINTS TO THE INFORMATION REGULATOR

• If any Data Subject or Third Party is of the view or belief that Hoopla Loans has Processed their Personal Information/Personal Data in a manner or for a purpose which is contrary to the provisions of this Policy, the Data Subject is required to first attempt to resolve the matter directly with Hoopla Loans, failing which the Data Subject or Third Party shall have the right to lodge a complaint with the Information Regulator, under the provisions of POPIA.

CONTACTING US

• All comments, questions, concerns or complaints regarding Personal Information/Personal Data or this Policy, should be forwarded to Hoopla Loans’ Information Officer at the following email address admin@hoopladigital.co.za