Mo-Nice

Privacy Policy

Mo-Nice Privacy and Personal Information Protection Policy
  1. INTRODUCTION
    1. "Mo-Nice" a product of McSbuSing Proprietary Limited, with registration number 2014/033276/07 ("Website", "Mo-Nice", "we", "us" or "our"), a limited liability company registered in, and acting in accordance with, the laws of South Africa, respects your privacy and is committed to protecting your personally identifiable information ("Personal Information").
    2. This “Privacy Policy”/ ”Policy” will inform you as to how we look after and process your (the “Data Subject”) Personal Information when you provide it to us, or when it is collected from you, for example, when using our Website and/or any related mobi-sites or software applications which are accessible at www.Mo-Nice.co.za (the “Website”), ticketing and product platform (“Platform”) and mobile application (“App” ), as well as if you have subscribed to any of the services we offer (“Services”), whether they be ‘Mo-Nice User Account’ users (“Users”) or ticket - or product sellers.
    3. This Privacy Policy also serves to tell you about your privacy rights and how the law protects you and your Personal Information when Mo-Nice processes it.
    4. 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 Subject 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.
    5. This Policy was last updated on 18 January 2023.
    6. All terms are not necessarily defined in order.
    7. 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.

  2. IMPORTANT INFORMATION AND WHO WE ARE
    1. Purpose of this Privacy Policy
      1. This Privacy Policy complies with, and facilitates the obligations required from, the the South African Protection of Personal Information Act No. 4 of 2013 (“POPI”), as amended.
      2. Due to the nature of some of our services as a provider of various payment and facilitation tools, we process not only your General Personal Information, but also Special Categories of Personal Information, being your Financial Data.
      3. It is important that you read this Privacy Policy together with any other privacy policy or fair processing notice we may provide on specific occasions when we are collecting or processing Personal Information about you, so that you are fully aware of how and why we are using your data. This Privacy Policy supplements the other notices and is not intended to override them.
      4. You may not submit any other person’s personal information to Mo-Nice, and warrant that such information you submit is your own, and lawfully yours to provide.
    2. Controller and Processor
      1. Mo-Nice is the data controller and is responsible for your Personal Information in instances where we decide the processing operations concerning your Personal Information.
    3. Changes to the Privacy Policy and your Duty to Inform us of Changes
      1. We may amend this Policy at any time by posting a revised version on our Website. The revised version will apply to all Data Subjects with effect from the time we post it.
      2. This Privacy Policy version was last updated on 23 January 2023 and historic versions are archived and can be obtained by contacting us.
      3. It is important that the Personal Information we hold about you is accurate and current. Please keep us informed if your Personal Information changes during your relationship with us.
    4. Third-Party Links on Website
      1. The Website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements or terms. When you leave our Website, or engage with such third parties, we encourage you to read the distinct privacy policy of every third-party you engage with.

  3. THE DATA WE COLLECT ABOUT YOU
    1. Personal data, or personal information means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
    2. We may collect, use, store and transfer (“process”) different kinds of Personal Information about you which we have grouped together follows:
      1. Identity Data including first name, last name,and Firebase Token;
      2. Contact Data includes email address and telephone numbers;
      3. Financial Data including, third-party payment provider information and payment card details, credit card tokens, credit card brand, card bin numbers, card trailing digits, card holder name, card expiry details, location of in-store payment, an internally-calculated flag for risk and banking details for outgoing and incoming payments;
      4. Profile Data including your Website password, feedback and form and survey responses;
      5. Marketing and Communications Data including your preferences in receiving notices and marketing from us.
    3. We do collect Special Categories of Personal Information about you (being, for example, Financial Data and data relating to minors), which you hereby expressly consent to Howler doing. We process Financial Data in accordance with South African and EU laws requiring us to do so, and also due to the nature of Mo-Nice as a provider of payment services requiring such information to operate, which you understand and expressly consent to. We enforce additional special precautions regarding the safety and integrity of any Special Categories of Information provided to us.
    4. Where we need to collect Personal Information by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with Services or allow you access to the Website). In this case, we may have to cancel Website-access or services you have with us, but we will notify you if this is the case at the time.

  4. HOW IS YOUR PERSONAL INFORMATION COLLECTED
    1. We use different methods to collect data from and about you including through:
      1. Direct interactions: You may give us your Identity, Contact, and Financial Data by filling in various Mo-Nice Website/App forms. This includes Personal Information you provide when you:
        1. use our Website;
        2. use our App; or
        3. give us some feedback.

  5. HOW WE USE YOUR PERSONAL INFORMATION
    1. We will only use your Personal Information when the law allows us to and for legitimate reasons, which you hereby expressly understand and consent to. Most commonly, we will use your Personal Information in the following circumstances:
      1. Where we need to perform on the contract we are about to enter into or have entered into with you;
      2. Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests;
      3. Where you have provided your express consent thereto, which by accepting this Policy, are hereby doing; and/or
      4. Where we need to comply with a legal or regulatory obligation.
    2. Purposes for which we will use your Personal Information:
      1. We have set out below, in a table format, a description of all the ways we plan to use your Personal Information, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
        PURPOSE/ACTIVITY TYPE OF DATA LAWFUL BASIS FOR PROCESSING INCLUDING BASIS OF LEGITIMATE INTEREST
        To allow you make use of the Services
        • Identity
        • Contact
        • Financial
        • Marketing and Communications
        • Necessary to comply with a legal obligation
        • Necessary for our legitimate interests (to develop our products/services and grow our business)
        • Express consent
        To allow you to use the Website, or register you as a new Website user
        • Identity
        • Contact
        • Financial
        • Performance of a contract with you
        • Express consent
        To process and service your payment, To manage payments, fees and charges incurred by you by using our Website or Mo-Nice Services
        • Identity
        • Contact
        • Financial
        • Marketing and Communications
        • Performance of a contract with you
        • Necessary for our legitimate interests
        • Express consent
        To manage our relationship with you which may include notifying you about changes to our terms or Privacy Policy
        • Identity
        • Contact
        • Profile
        • Marketing and Communications
        • Necessary to comply with a legal obligation
        • Necessary for our legitimate interests
        • Express consent
        To administer and protect our business and this Website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
        • Identity
        • Contact
        • Necessary to comply with a legal obligation
        • Express consent

    3. Change of purpose
      1. We will only use your Personal Information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
      2. If we need to use your Personal Information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
      3. Please note that we may process your Personal Information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

  6. DISCLOSURES OF YOUR PERSONAL INFORMATION
    1. We may have to share your Personal Information with the parties set out below for the purposes set out in the table above.
      1. Internal Third Parties as set out in the Glossary;

  7. DATA SECURITY
    1. We store and process the Personal Information of all Data Subjects 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.
    2. 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.

  8. HOW TO ACCESS, CHANGE OR DELETE YOUR PERSONAL INFORMATION
    1. 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
    2. You warrant that the Personal Information disclosed to us is directly from you as the Data Subject 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.
    3. Deleting your Personal Information yourself:
      1. 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 no longer be 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.
      2. Website account: You may request that your account is deactivated by emailing us on data@Mo-Nice.co.za.
      3. 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 and partners.
    4. 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. DATA RETENTION
    1. We will only retain your Personal Information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
    2. To determine the appropriate retention period for Personal Information, we consider the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorised use or disclosure of your Personal Information, the purposes for which we process your Personal Information and whether we can achieve those purposes through other means, and the applicable legal requirements.
    3. Details of retention periods for different aspects of your Personal Information are available from us by contacting us.
    4. In some circumstances you can ask us to delete your data; see below for further information.

  10. NON-PERSONAL INFORMATION
    1. Notwithstanding anything contained in this Policy regarding your information, the following information is not regarded as Personal Information for the purposes of this Policy:
      1. 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;
      2. Non-personal statistical information collected and compiled by us. We own and retain all rights in such information; and/or

  11. YOUR LEGAL RIGHTS
    1. Under certain circumstances, you have rights under the data protection laws in relation to your Personal Information. Please contact us to find out more about, or manifest, these rights:
      1. Request access to your Personal Information;
      2. Request correction of your Personal Information;
      3. Request erasure of your Personal Information;
      4. Object to processing of your Personal Information;
      5. Request restriction of processing your Personal Information;
      6. Request transfer of your Personal Information; and/or
      7. Right to withdraw consent.
    2. No fee usually required
      1. You will not have to pay a fee to access your Personal Information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
    3. What we may need from you
      1. We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Information (or to exercise any of your other rights). This is a security measure to ensure that Personal Information is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
    4. Time limit to respond
      1. We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
  12. GENERAL
    1. If you have questions or concerns regarding this Policy, you should contact us by using the “Contact Us” link in any our pages or contact us . You can also email us at data@Mo-Nice.co.za.
    2. 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 data@Mo-Nice.co.za 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).