FLEXER PRIVACY NOTICE

1. INTRODUCTION

1. Flexer™ (“Flexer”, “We”) recognises the importance of privacy and the protection of personal information provided to and is committed to the safeguarding of such information.
2. Flexer owns and operates the website located at www.flexer.com and other Flexer websites including, but not limited to, www.flexer.com (the “Website”) and the Flexer mobile application(s), tools and services. (The Website and Flexer mobile application(s), tools and services are collectively referred to as the “Solution”.) This privacy notice (the “Privacy Notice”) applies to every person who uses the Solution (”you”/”your”).
3. The Privacy Notice explains what personal information Flexer collects and uses, how and why we collect or otherwise use your personal information, who we share this information with, and what your rights and choices are regarding your personal information.

2. INFORMATION COLLECTED

1. Flexer collects your personal information in various instances, including when you:
1. use any part of the Solution;
2. procure services from Flexer;
3. submit an enquiry through the Service;
4. create a Flexer account;
5. communicate with Flexer (including, for example, through the telephone, via email or text messaging) for any reason whatsoever;
6. engage with Flexer through the Website or any other aspect of the Solution;
7. sign up for a mailing list or newsletter;
8. take part in any Flexer events or promotions.
2. If you register with the Website or otherwise transact or communicate with us, Flexer will collect and use your personal information. This information may include, without limitation, your full name and surname, your contact details (such as your telephone number, email address and residential or business address), personal identification (such as your identity or passport number), professional information (such as your qualifications), financial information (such as your bank account details), transaction history and details of your visits to the Website and use of the Solution.
3. Please note that, if you access the Website or Solution without giving Flexer any personal information, Flexer may still gather certain non-personal information from you, including information regarding your Website activities.
4. In some instances, it is compulsory for you to provide us with your personal information, such as when you are our customer or a potential customer, so that we can provide services to you. In other instances, providing the information is optional, such as when you wish to subscribe to or opt out from our mailing list. If you do not provide the information when it is compulsory, we will not be able to provide services to you nor answer your queries or other communications. If you do not provide the information when it is optional, you will not receive the benefit of providing that information (for example, receiving promotional materials).

3. PURPOSE OF USE OF PERSONAL INFORMATION

1. The purposes for which Flexer uses personal information includes, but is not limited to:
1. providing services to you;
2. facilitating your transactions on the Website or use of the Solution;
3. improving the services offered by Flexer as well as the user experience when using the Website or Solution;
4. marketing, promoting and advertising our services to you;
5. communicating with you in order to provide our services to you or for our internal purposes;
6. complying with any legal obligations imposed on us; and
7. providing you with specialised advertising or promotional material.
2. Without limiting the generality of the aforesaid, the Website uses analytics to monitor and analyse web traffic and your behaviour on the Website.
3. Flexer may process personal information:
1. to provide services to you in terms of an agreement with you or where we wish to conclude an agreement with you;
2. in order to protect your legitimate interests;
3. in our legitimate interests;
4. in the legitimate interests of another person to whom we supply your personal information;
5. to comply with legal or regulatory obligations;
6. if you have provided consent; or
7. if the processing is allowed by law.

4. RETENTION OF INFORMATION

1. Your personal information will be processed and stored for as long as required for the purpose it has been collected for pursuant to the provisions of this Privacy Notice and for as long as its retention is required by applicable law.
2. Personal information collected for purposes related to the performance of a contract between Flexer and you will be retained while the contract is being performed. Personal information collected for the purpose of Flexer’s legitimate interests will be retained for as long as is needed to fulfil that purpose.
3. Flexer may retain personal information for a longer period in instances where you have given consent to processing during such long period, and where such consent has not been withdrawn. Flexer may also be required to retain personal information for a longer period when required to do so in the performance of a legal obligation, in accordance with tax or accounting requirements or upon the order of a court order.

5. DISCLOSURE OF PERSONAL INFORMATION

1. Flexer may release your personal information or disclose it to third parties in certain circumstances, including, but not limited to the following:
1. if required or authorized to do so by law or a court order;
2. in order for it to enforce its rights; and
3. in order for it to provide services.
2. The third parties to whom we disclose personal information include, but are not limited to, our corporate affiliates and partners; third parties who provide goods and/or services to Flexer; and government authorities and registries, organs of state, regulators, courts, tribunals and law enforcement agencies.

6. SECURITY

1. For purposes relating to the Solution, Flexer uses systems that are sufficiently secure with reference to accepted technological standards at the time of transactions.
2. Flexer will secure the integrity and confidentiality of users’ personal information in its possession and under its control by taking appropriate, reasonable technical and organisational measures to prevent: (i) loss of, damage to or unauthorised destruction of personal information; and (ii) unlawful access to or acquisition of personal information.
3. Flexer routinely reviews its operations to ensure that personal information remains adequately protected.

7. MARKETING AND PROMOTIONAL MATERIAL

1. Flexer may from time to time send marketing and promotional material to you.
2. You may unsubscribe from receiving further marketing and promotional material. If you wish to do so, you can follow the “unsubscribe” link in the material or send an email to Flexer using Flexer’s email address as provided in its contact details below.

8. TRANSFER OF PERSONAL INFORMATION

1. Personal information collected by Flexer may be transferred to third party partners and businesses, including online payment providers. In such cases, Flexer will take reasonable steps to ensure that such persons have appropriate privacy measures in place.
2. Personal information collected by Flexer may also be transferred to persons in other countries. Those countries’ laws might not protect personal information in the same way or on the same level as the law in South Africa. However, Flexer will take reasonable steps to ensure that recipients in other countries have appropriate privacy measures in place, for example, by executing a legal agreement with the recipient where appropriate.

9. COOKIES

1. The Solution makes use of cookies to collect data. A cookie is a small piece of data that is stored on a user’s electronic device (computer, mobile phone, tablet etc) by a server. It allows tracking of the user’s browsing activities, remember information such as their preferences. Cookies typically collect information such as web browser used, IP address and time zone.
2. Some cookies used by Flexer are absolutely essential for the Solution to function properly. These cookies ensure basic functionalities and security features of the Solution. Flexer may also use advertisement cookies to provide you with relevant advertisements and marketing campaigns. These cookies track visitors across websites and devices and collect information to provide customised advertisements. Further, Flexer uses analytical cookies to understand how visitors interact with the Solution. These cookies help provide information on metrics, the number of visitors, the bounce rate, traffic source etc.
3. You may disable or decline cookies. However, if this is done, you may not be able to use the Solution properly and certain aspects of the Solution may not function.

10. YOUR RIGHTS

1. You may exercise certain rights regarding personal information processed by Flexer. In particular, subject to the provisions of applicable law, you have the following rights:
1. the right to access personal information;
2. the right to rectify personal information;
3. the right to object to the processing of personal information;
4. the right to delete personal information; and
5. the right to restrict the processing of personal information.
2. Flexer may, in certain instances, legally refuse or decline your request to exercise these rights.
3. In some instances, the law may allow you to withdraw consent for processing. This withdrawal will have no effect on any lawful processing of personal information preceding such withdrawal.
4. If you wish to exercise any of the rights set out above, please contact Flexer using our contact details below. We may charge a fee for accessing, amending or deleting your personal information. You will be advised of this fee in advance, if applicable.
5. If you have a complaint about our processing of your personal information, we encourage you to contact us. However, you also have the right to contact the Information Regulator (South Africa) using the Information Regulator’s details below (or any new details as may be published by the Information Regulator on its website from time to time).
   
   Information Regulator’s contact details:
   
   Address: JD House, 27 Stiemens Street, Braamfontein, Johannesburg
   PO Box 31533, Braamfontein, Johannesburg, 2001
   Email: enquiries@inforegulator.org.za
   Website: https://inforegulator.org.za

11. CHANGES TO THIS NOTICE

1. Flexer reserves the right to amend, modify or update this Privacy Notice from time to time in our sole discretion. If any changes are made to this Privacy Notice, we will publish an updated version thereof on the Solution.

12. CONTACT DETAILS

1. In order to contact Flexer for purposes relating to this Privacy Notice, please contact us using the following contact details:
   
   Flexer™
   E-mail address: privacy@flexer.co.za