VUKILE PRIVACY NOTICE: FREE WI-FI AND SHOPPING APP SERVICE

I. INTRODUCTION

When you use our Connect Waya-Waya® mobile application, you trust us with your personal data. We’re committed to keeping that trust. That starts with helping you understand our privacy practices. 

This notice describes the personal data we collect, how it’s used and shared, and your choices regarding this data.

II. OVERVIEW

A.  Scope
This notice applies to users of Connect Waya-Waya®, services in our South African shopping malls.

This notice describes how Vukile Property Fund Limited (“Vukile”) and its affiliates, collect and use personal data. This notice applies to all users of our apps, websites, features or other services unless covered by a separate privacy notice. This notice specifically applies to:

• Users: Individuals who download and make use of the Connect Waya-Waya® app’s services.

This notice also governs Vukile’s other collections of personal data in connection with Vukile’s services. We may also collect the personal data of those who start but do not complete or skip application registration on the Connect Waya-Waya® app.

All those subject to this notice are referred to as ‘users’ in this notice. 

Our data practices are subject to applicable laws in South Africa where we operate. This means that we engage in the practices described in this notice in South Africa only if permitted under the laws of South Africa.  Please contact us with any questions regarding our practices.

B.  Data controller and transfer
Vukile Property Fund Limited is the data controller for the personal data collected in connection with the use of Vukile’s services anywhere else.

Vukile operates, and processes data, globally. We may also transfer data to countries other than the one where our users live or use Vukile services. We do so in order to fulfil our agreements with users, such as our Terms of Use, or based on the user’s prior consent, other transfer mechanisms as may be available under applicable law, such as the  Standard Contractual Clauses.

Questions, comments, and complaints about Vukile’s data practices can be submitted to us at info@connectwayawaya.co.za.  You may also use this email to submit a question to Vukile’s Data Protection Officer.

III. DATA COLLECTION AND USES

A.  The data we collect
Vukile collects:

• Data provided by users to Vukile, such as during account creation
• Data created during use of our services, such as location, app usage, and device data

The following data is collected by or on behalf of Vukile:

1. Data provided by users. This includes:
   • User profile: We collect data when users create or update their Connect Waya-Waya® accounts. This may include their name, email, phone number, birth date, gender, login name and password, payment or banking information. For more information, please see the section titled “How we use personal data.”
   • Demographic data: We may collect demographic data about users, including through user surveys and competitions.
2. Data created during the use of our services. This includes:  
   • Location data (Users): Vukile collects this data when the Connect Waya-Waya® app is running in the foreground (app open and on-screen) or background (app open but not on-screen) of their mobile device. We collect precise or approximate location data from user’s mobile devices if they enable us to do so. We use this data to enhance your use of our apps. Vukile collects user location data, and links location data collected with their user’s account, even in the background. This enables us to offer services to the user like special promotions and rewards on entry to a mall. Specifically, Location Data is used to greet users as they enter and leave the mall, as a reminder to open the Connect Waya-Waya® app, so they can receive notice promotions and earn rewards for visiting the mall. It is also used to prevent fraud, when earning points for visiting shops, by making sure the user is in the shopping mall in question.
   • Transaction information: We collect transaction information related to the use of our services, including the type of services requested or provided, date and time the service was provided, amount charged. Additionally, if a user uses a store promotion code, we may associate your name with that store.
   • Usage Data: We collect data about how users interact with our services. This includes data such as access dates and times, app features or pages viewed, app crashes and other system activity, type of browser, and third-party sites or services used before interacting with our services.
   • Device data: We may collect data about the devices used to access our services, including the hardware models, device IP address, operating systems and versions, software, preferred languages, unique device identifiers, advertising identifiers, serial numbers, device motion data, and WIFI network data.
   • Communications data: We enable users to communicate and share information with each other through the Connect Waya-Waya® mobile app. For example, we enable users to share on social media sharing links, content or information they would like to share with their friends or contacts.
   • Download and Usage data: We collect data when you download the Connect Waya-Waya® mobile app, and every time you open and use the app. Vukile may also use this data for analytics.
3. Data from other sources. This includes:
   • User feedback, such as ratings, feedback, or compliments.
   • Users participating in our referral programs. For example, when a user refers to another person, we receive the referred person’s personal data from that user.
   • Publicly available sources.
   • Marketing service providers.

Vukile may combine the data collected from these sources with other data in its possession.

B.  Data controller and transfer
Vukile collects and uses data to enable a convenient shopping experience, and other products and services. We also use the data we collect:

• To enhance and improve our services
• For customer support
• For research and development
• To enable communications between users
• To send marketing and non-marketing communications to users

Vukile does not sell or share user personal data with third parties for their direct marketing, except with users’ consent.

Vukile uses the data it collects for purposes including:

1. Providing services and features. Vukile uses the data we collect to provide, personalize, maintain, and improve our products and services. This includes using the data to:
   • Create and update users’ accounts.
   • Enable features that allow users to share information with other people, such as when users share content with their contacts. Enable features to personalize user’s Connect Waya-Waya® accounts, such as creating likes for favorite places.
   • Perform internal operations necessary to provide our services, including troubleshooting software bugs and operational problems; to conduct data analysis, testing, and research; and monitoring and analyze usage and activity trends.
   • Welcome users to the mall and prompt them to open their app, so they can earn rewards points and see applicable promotions on offer in the mall.
2. Safety and security. We use personal data to help maintain the safety, security, and integrity of our services and users. This includes:
   • Using personal information to secure access to the user’s account.
   • Using device, location, profile, usage, and other data to prevent, detect and combat fraud.
   • Make sure the users are in the mall when earning shop rewards points.
3. Customer support. Vukile uses the information we collect (including recordings of customer support calls with notice to and the consent of the user) to provide customer support, including to: 
   • Direct questions to the appropriate customer support person
   • Investigate and address user concerns
   • Monitor and improve our customer support responses and processes

4. Research and development. We may use the data we collect for testing, research, analysis, product development, and machine learning to improve the user experience. This helps us to improve and enhance the safety and security of our services, improve our ability to prevent the use of our services for illegal or improper purposes, develop new features and products, and finance solutions in connection with our services.
5. Marketing. Vukile may use the data we collect to market or promote our and our tenant services to our users. This includes sending users communications about Vukile’s mall services, promotions, rewards, news, updates, and events. We may also send communications to our users about products and services offered by Vukile tenants and partners. For example, if a user has shown interest in a particular shop or product, we may provide recommendations, promotions, or ads about a similar product offered by other Vukile partners. Although we may send users communications about Vukile partner’s products and services, we do not sell user’s personal data to or share it with, such partners or others for purposes of their own direct marketing or advertising, except with the user’s consent.
6. Non-marketing communications. Vukile may use the data we collect to generate and provide users with confirmations; inform them of changes to our terms, services, or policies; or send other communications that aren’t for the purpose of marketing the services or products of Vukile or its partners.
7. Legal proceedings and requirements.We may use the personal data we collect to investigate or address claims or disputes relating to the use of Vukile’s services, or as otherwise allowed by applicable law, or as requested by regulators, government entities, and official inquiries.
8. Automated decision-making. We use personal data to make automated decisions relating to the use of our services. This includes:
   • Deactivating users who are identified as having engaged in fraud or activities that may otherwise harm Vukile, its users, and others. In some cases, such as when a user is determined to be abusing Vukile’s rewards program, such behavior may result in automatic deactivation.
   • We may use the data we collect to personalize the marketing communications (including advertisements) that we send, including based on user location, past use of Vukile’s services, and user preferences and settings.

C.  Cookies and third-party technologies
Vukile’s and its partners use cookies and other identification technologies on our apps, websites, emails, and online ads for purposes described in this notice.

Cookies are small text files that are stored on browsers or devices by websites, apps, online media, and advertisements. Vukile uses cookies and similar technologies for purposes such as:

• Authenticating users
• Remembering user preferences and settings
• Determining the popularity of content
• Delivering and measuring the effectiveness of advertising campaigns
• Analyzing site traffic and trends, and generally understanding the online behaviors and interests of people who interact with our services

 We may also allow others to provide audience measurement and analytics services for us, to serve advertisements on our behalf across the Internet, and to track and report on the performance of those advertisements. These entities may use cookies, web beacons, SDKs, and other technologies to identify the devices used by visitors to our websites, as well as when they visit other online sites and services.

D.  Data sharing and disclosure 
Vukile’s and its partners use cookies and other identification technologies on our apps, websites, emails, and online ads for purposes described in this notice.

1. With other users
   • For those who participate in Vukile’s referral program, we share certain personal data of referred users, with the user who referred them, to the extent relevant to determining the referral rewards bonus.
2. At the user’s request. This includes sharing data with:
   • Other people at the user’s request. For example, when a user shares content using social media links with a friend or contact.
   • Vukile business partners. For example, if a user requests a service through a partnership or promotional offering made by a third party, Vukile may share certain data with those third parties. This may include, for example, other services, platforms, analytics, apps, or websites that integrate with our APIs; services; those with an API or service with which we integrate; or other Vukile business partners and their users in connection with promotions, contests, or specialized services.
3. Customer support.
   • Questions or comments from users submitted through public forums such as Vukile social media pages may be viewable by the public, including any personal data included in the questions or comments submitted by a user.

4. With Vukile service providers and business partners. Vukile provides data to vendors, consultants, marketing partners, research firms, and other service providers or business partners. These include:
   • Payment processors and facilitators
   • Marketing partners and marketing platform providers, including social media advertising services
   • Data analytics providers
   • Research partners, including those performing surveys or research projects in partnership with Vukile or on Vukile’s behalf
   • Vendors that assist Vukile to enhance the safety and security of its apps
   • Consultants, lawyers, accountants, and other professional service providers
5. For legal reasons or in the event of a disputeVukile may share users’ personal data if we believe it’s required by applicable law, regulation, operating license or agreement, legal process or governmental request, or where the disclosure is otherwise appropriate due to safety or similar concerns. This includes sharing personal data with law enforcement officials, public health officials, other government authorities, or other third parties as necessary to enforce our Terms of Service, user agreements, or other policies; to protect Vukile’s rights or property or the rights, safety, or property of others; or in the event of a claim or dispute relating to the use of our services. If you use another person’s credit card, we may be required by law to share your personal data, or order information, with the owner of that credit card. This also includes sharing personal data with others in connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or into another company.
6. With consent

   Vukile’s may share a user’s personal data other than as described in this notice if we notify the user and they consent to the sharing.

E.  Data retention and deletion 
Vukile retains user data for as long as necessary for the purposes described above. Users may request deletion of their accounts at any time. Vukile may retain user data after a deletion request due to legal or regulatory requirements or for the reasons stated in this policy.

Vukile retains user data for as long as necessary for the purposes described above. This means that we retain different categories of data for different periods of time depending on the category of user to whom the data relates, the type of data, and the purposes for which we collected the data.

Users may request deletion of their account at any time through the Settings > Privacy menus in the Vukile app, or through Vukile’s website or email.

Following an account deletion request, Vukile deletes the user’s account and data, unless they must be retained due to legal or regulatory requirements, for purposes of safety, security, and fraud prevention, or because of an issue relating to the user’s account such as an outstanding credit or an unresolved claim or dispute. For users, their data is generally deleted within 90 days of a deletion request, except where retention is necessary for the above reasons.

B.  Grounds for processing 
Vukile Property Fund Limited is the data controller for the personal data collected in connection with the use of Vukile’s services anywhere else.

We collect and use personal data only where we have one or more lawful grounds for doing so. Such grounds may vary depending on where our users are located, but generally include processing personal data:

1. To provide requested services and features. In order to provide our services, we must collect and use certain personal data. This includes:
   • User profile data, which we use to establish and maintain user accounts; verify user identity; communicate with users about their rewards, orders, birthdays and accounts; and enable users to make payments or receive rewards.
   • User location data, which we use to remind users to open their app to receive promotions and rewards when visiting our malls.
   • Usage data, which is necessary to maintain, optimize, and enhance Connect Waya-Waya®’s services, including to determine rewards.
   • Transaction information
   • Information relating to customer support
   • User preferences
2. For purposes of the legitimate interests of Vukile or other parties. This includes using personal data to maintain and enhance our user’s safety and security. For example, we use personal data to make sure a user’s account name nomination is unique.This also includes purposes such as combating fraud; improving our services, direct marketing, research, and development; and enforcing Vukile’s Terms of Service. In addition, it includes using personal data to the extent necessary for the interests of other people or the general public, such as in connection with legal or insurance claims, and to protect the rights and safety of others.
3. To fulfil Vukile’s legal obligations. For example, Vukile is subject to laws and regulations in South Africa that may require us to collect and retain data about our, and to provide copies of such data to the government or other authorities. We collect and use personal data to comply with such laws. Vukile may also share data with law enforcement regarding criminal acts or threats to public safety, or requests by third parties pursuant to legal processes. Vukile may also share information with public health authorities where required or permitted by law.
4. With Consent. Vukile may collect and use personal data based on the user’s consent. For example, we may collect personal data through voluntary surveys and competitions. Responses to such surveys are collected on the basis of consent and will be deleted once no longer necessary for the purposes collected.  A user who has provided consent to a collection or use of their personal data can revoke it at any time. However, the user will not be able to use any service or feature that requires collection or use of that personal data.

IV. CHOICE AND TRANSPARENCY 

Vukile enables users to access and control the data that Vukile collects, including through:

• In-app settings
• Device permissions
• In-app ratings pages
• Marketing opt-outs

Vukile also enables users to request access to or copies of their data, changes or updates to their accounts, deletion of their accounts, or that restrict its processing of user personal data.

A.  Privacy Settings

Settings menus in the Connect Waya-Waya® app for users give them the ability to set or update their location-sharing preferences and their preferences for receiving mobile notifications from Vukile. Information about these settings, how to set or change these settings, and the effect of turning off these settings is described below.

• Location Data 

Vukile uses user’s device location services to make it easier for users to open their Connect Waya-Waya® app when near or entering one of our shopping malls. Location data helps improve our services, and customer support.

Users may enable or disallow Vukile to collect location data from their mobile devices through the Settings > Privacy menus in the Connect Waya-Waya® app.

• Share Live Location (Users)

Users who have enabled Vukile to collect location data from their mobile device may also enable Vukile to share their location with their own contacts on request initiated by the User.

Users may enable or disable this feature through the Settings > Privacy menus in the Connect Waya-Waya® app.

• Share Live Location (Users)

Vukile provides users with notifications and updates related to their account or Connect Waya-Waya® app updates. These notifications are a necessary part of using the Connect Waya-Waya® app and cannot be disabled. However, users may choose the method by which they receive these notifications through the Settings > Privacy menus in the Connect Waya-Waya® app.

• Share Live Location (Users)

Users may enable Vukile to send push notifications about rewards and news from Vukile. Push notifications may be enabled or disabled through the Settings > Privacy menus in the Connect Waya-Waya® app.

B. Device permissions

Most mobile device platforms (iOS, Android, etc.) have defined certain types of device data that apps cannot access without the device owner’s permission, and these platforms have different methods for how that permission can be obtained. iOS devices notify users the first time the Connect Waya-Waya® app requests permission to access certain types of data and gives users the option to grant or refuse permission. Android devices notify users of the permissions that the Connect Waya-Waya® app seeks before their first use of the app and use of the app constitutes a grant of such permission.

C. Device permissions

Users may also opt-out of receiving promotional emails and other messages from Vukile by following the unsubscribe instructions in those messages. We may still send users who have opted out non-promotional communications, such as password resets, birthday greetings or information about their account.

D. User data requests

Vukile provides users with a variety of ways to learn about, control, and submit questions and comments about Vukile’s handling of their data. To make a request, please go email us at info@connectwayawaya.co.za.

• Accessing data: Users can ask for an explanation of the data we collect from them and how we use it.
• Receiving data: Users can ask for a copy of data that Vukile collects from them with their consent or as necessary to provide our services.
• Changing or updating data: Users can edit the name, phone number, email address, payment method associated with their account through the Settings menu in Connect Waya-Waya® app. They may also ask that Vukile change or update their data, including if they believe such data is inaccurate or incomplete.
• Deleting data: Users may request deletion of their account at any time through the Settings > Privacy menus in the Connect Waya-Waya® app.
• Objections, restrictions, and complaints: Users may request that we stop using all or some of their personal data, or that we limit our use of their data. Vukile may continue to process data after such objection or request to the extent required or permitted by law.

V. UPDATES TO THIS NOTICE

We may occasionally update this notice. Use of our services after an update constitutes consent to the updated notice to the extent permitted by law.

We may occasionally update this notice. If we make significant changes, we will notify users in advance of the changes through the Connect Waya-Waya® apps or through other means, such as email. We encourage users to periodically review this notice for the latest information on our privacy practices.

 After such notice, the use of our services by users will be understood as consent to the updates to the extent permitted by law.

Updated: 20 April 2021