updated 10 May 2024
At Ya.Africa, we take your privacy seriously and are dedicated to safeguarding your Personal Information. We prioritize the privacy of every individual or organization we engage with and recognize the importance of handling Personal Information with due care.
This Data Protection and Privacy Policy pertains to how we Process your Personal Information when you interact with us, access the Ya.Africa Platform, and utilize our Services. It outlines our commitment to Processing Personal Information in a manner that upholds the constitutional right to privacy, while ensuring accountability and managing Data Subject involvement.
By interacting with us, whether electronically or in person, you agree to the Processing and transfer of your Personal Information as outlined in this Policy.
If you have any queries or concerns regarding the Processing of your Personal Information, please reach out to us using the contact details provided in Clause 16 of this Policy.
DEFINITIONS
1.1 “Affiliate/s” refers to an entity, individual, firm, or corporation directly or indirectly associated with us and engaged in business activities to facilitate the delivery of our Services, as detailed in Annexure A below.
1.2 “Anonymisation” denotes the process of converting Personal Information into anonymous data to render a Data Subject unidentifiable.
1.3 “Annexure/s” denotes any annexure appended to this Policy, subject to periodic amendments.
1.4 “Applicable Law/s” encompasses all relevant laws, regulations, regulatory requirements, and codes of practice in any applicable jurisdiction, as periodically amended and enforced.
1.5 “Biometric Information” includes data derived from techniques used to identify individuals based on physical, physiological, or behavioral characteristics, such as blood typing, fingerprinting, DNA analysis, retinal scanning, and voice recognition.
1.6 “Buyer(s)” refers to Users utilizing the Services to acquire Goods and Services offered by Sellers.
1.7 “Child” signifies a natural person below the age of 18 (eighteen) years.
1.8 “Consent” signifies a voluntary, specific, and informed expression of will authorizing the Processing of Personal Information in line with Applicable Laws.
1.9 “Cookies” are small data pieces generated by a website and stored by your web browser to retain information about you. Users who opt out of receiving Cookies may access some but not all content on the Ya.Africa Platform.
1.10 “Data” encompasses Personal Information, Usage Data, Cookies, and/or Location Data.
1.11 “Data Protection Authority” refers to the relevant regulatory bodies established in various jurisdictions as per Applicable Laws.
1.12 “Data Subject” denotes our Users or any individual for whom we or our Affiliates Process Personal Information (also referred to as “you” or “your”).
1.13 “Electronic Communication” holds the same meaning as defined in terms of POPIA.
1.14 “ECTA” represents the Electronic Communications and Transactions Act, No 25 of 2002.
1.15 “Financial Information” includes details provided by you such as account information, identifiers about the account holder(s), and transaction specifics related to accounts.
1.16 “Goods and Services” denote the products and services promoted by Users on the Ya.Africa Platform for transactions between Buyers and Sellers.
1.17 “Ya.Africa Account” signifies the standard account that every User must create to access the Services, subject to verification in certain circumstances where a Verified Account is required to use specific Services.
1.18 “Ya.Africa Platform” or “Platform” denotes the website through which the Services are provided, enabling Users and their nominated individuals to interact, initiate transactions, and access Goods and Services offered by other Users.
1.19 “Location Data” refers to information about the physical location of a Data Subject’s device. The Processing of Personal Information or Personal Data based on Location Data is carried out in compliance with Applicable Laws.
1.20 “PAIA” stands for the Promotion of Access to Information Act 2 of 2000.
1.21 “Person” refers to an individual, firm, company, corporation, juristic person, local authority, trust, foundation, organization, association, or partnership with or without a separate juristic personality.
1.22 “Personal Information” encompasses information related to an identifiable living natural person or an identifiable existing juristic person, including but not limited to:
1.22.1 Information concerning various aspects such as race, gender, sex, pregnancy, marital status, national origin, age, health, religion, and more.
1.22.2 Details regarding education, medical history, financial status, criminal record, or employment background.
1.22.3 Identifying numbers, email addresses, physical addresses, telephone numbers, Location Data, online identifiers, or other specific assignments.
1.22.4 Biometric Information of the individual.
1.22.5 Personal opinions, views, preferences, or private correspondence.
1.22.6 Opinions of others about the individual.
1.22.7 Names of individuals when combined with other Personal Information or when disclosure of the name alone reveals information about the person.
1.23 “Policy” refers to this Data Protection and Privacy Policy.
1.24 “POPIA” refers to the Protection of Personal Information Act, No. 4 of 2013 and its associated regulations.
1.25 “Processing” involves any operation or set of operations related to Personal Information, including:
1.25.1 Collection, recording, organization, storage, retrieval, alteration, consultation.
1.25.2 Dissemination through transmission or distribution by electronic means.
1.25.3 Merging, linking, blocking, erasure, or destruction of Personal Information.
1.25.4 “Process” or “Processed” have corresponding meanings for the purposes of this definition.
1.26 “Pseudonymisation” denotes Processing Personal Information in a way that prevents attribution to a specific person without additional information.
2. INFORMATION WE MAY COLLECT FROM YOU
2.1 When you engage with us, whether in person, electronically, or through our Services or Platform, you may need to provide your Personal Information. At times, especially when interacting with our Platform or Website, your Data may be automatically gathered. This data will be Processed in accordance with this Policy.
2.2 There are situations where we acquire your Personal Information from other sources like our Service Providers, social media platforms, blogs (where your Personal Information may become Public Information), and business associates. In such cases, we will notify you through updates to this Policy.
2.3 If you provide us with another person’s Personal Information, we will Process their Personal Information following this Policy and any related terms or policies.
2.4 The types of Personal Information we may Process include, but are not limited to:
2.4.1 full names;
2.4.2 identity numbers;
2.4.3 registration numbers;
2.4.4 Financial Information;
2.4.5 statutory information;
2.4.6 physical and postal address details;
2.4.7 telephone numbers; and/or
2.4.8 email addresses.
2.5 When collecting your Personal Information, we will adhere to the notification requirements specified in Applicable Laws, including Section 18 of POPIA.
2.6 Before providing us with such Personal Information, you may need to confirm your competency and authority to give Consent for us to Process the Personal Information.
2.7 Providing the requested Personal Information may not always be mandatory. However, choosing not to provide certain details could limit your access to some Services and the full utilization of our Platform.
2.8 Our primary reasons for Processing Personal Information include enhancing Service delivery, managing business operations, ensuring legal compliance, and safeguarding the Personal Information under our care.
2.9 We may Process the Personal Information collected for various legitimate business purposes, including:
2.9.1 Account Registration: Gathering Personal Information like names, addresses, telephone numbers, email addresses, or user IDs when creating an account with us;
2.9.2 Account Verification: Collecting and Processing Personal Information (as allowed by law) for authentication and verification purposes;
2.9.3 Transactional Activities: Processing information related to transactions on the Platform, including posting or responding to adverts, transaction details, and Financial Information for payment purposes;
2.9.4 Community Engagement: Involving interactions like web form submissions or community discussions;
2.9.5 Account Management: Updating account information, managing alerts lists, saving searches, and providing additional details like age, gender, interests, and preferences;
2.9.6 Customer Support: Communication through web forms, chats, or other means to assist with Service usage.
2.10 We also collect information automatically:
2.10.1 Data from the devices you utilize when engaging with us or our Services, like device ID or unique user ID, device type, ID for advertising, and distinct device tokens;
2.10.2 Details regarding your location such as geo-location; and
2.10.3 Computer and connection specifics such as statistics on your page views, traffic to and from the websites, referral URL, advert data, your IP address, your browsing history, and your web log information.
2.11 We gather data using Cookies, web beacons, and similar technologies including:
Information about the pages you view, the links you click, and other actions you take on our Services, or within our advertising or email content. For more insights into our utilization of these technologies and how to manage them, refer to our Cookie Policy.
2.12 Data we obtain from alternate sources encompass:
2.12.1 Information we receive from our Service Providers, such as publicly available demographic information, publicly available contact information, credit check details, and data from credit bureaus, as permitted by Applicable Laws;
2.12.2 Data from social media platforms when utilized for registration, sharing information, or linking to your Ya.Africa Account. These platforms might automatically grant us access to certain Personal Information they possess about you (e.g., viewed content, liked content, and details about displayed or clicked advertisements, etc.). If access is granted to any Ya.Africa Account with video content, we may exchange your video viewing data with, or gather information about your video viewing from, third-party social media platforms for a minimum of two years or until Consent is retracted. You have authority over the Personal Information we access through your privacy settings on the social media platform and the permissions granted when providing us access. By allowing us access to data held by social media platforms, you agree that we may collect, utilize, and retain it in accordance with this Privacy Policy.
3. HOW WE UTILIZE THE INFORMATION GATHERED FROM YOU
3.1 We employ your Personal Information to furnish, enhance, and tailor our Services –
3.1.1 Your Personal Information enables us to:
3.1.1.1 Grant you access to and usage of our Services along with access to your history, internal messages, and other features we offer;
3.1.1.2 Verify your Ya.Africa Account and share your Personal Information with designated Service Providers facilitating such verification;
3.1.1.3 Present content incorporating Goods and Services that align with your interests;
3.1.1.4 Customize, evaluate, and enhance our Services;
3.1.1.5 Deliver other Services requested by you as delineated during information collection; and
3.1.1.6 Supply you with location-based services (like advertising, search results, and other personalized content).
3.1.2 We leverage your Personal Information to communicate with you regarding your Ya.Africa Account via the Ya.Africa Chat Platform, My Messages, email, telephone, or SMS messages:
3.1.2.1 To provide customer support concerning your Ya.Africa Account such as resolving issues, collecting owed fees or payments to us, or garnering feedback through surveys; and
3.1.2.2 For additional purposes such as enforcing our Terms and Conditions or policies and any existing agreements with you.
4. PERSONAL INFORMATION FOR DIRECT MARKETING PURPOSES
4.1 We understand that we may only utilize your Personal Information for direct marketing purposes in accordance with Applicable Laws and after complying with the necessary legal provisions.
4.2 If permitted by law, we will provide you with a reasonable opportunity to opt-out of receiving marketing communications when collecting your Personal Information and with each direct marketing communication. Opting out may take approximately 6 weeks to be processed within Ya.Africa.
4.3 You have the option to opt-out of receiving promotional emails from us by following the instructions provided in those emails. Even if you opt-out of promotional emails, non-promotional emails related to the Services you use may still be sent to you.
4. COOKIES
4.1 Cookies are used on our Platform to monitor your visits and activities.
4.2 For details regarding the use of Cookies, please refer to our Cookie Policy on our Website.
5. USAGE DATA
5.1 We may also process Usage Data that is sent by your browser whenever you interact with our Platform or access our Services through any device.
5.2 This Usage Data may include details such as your device’s IP address, browser type, visited websites, page URLs, date and time of visits, device identifiers, and other diagnostic data. It may also include information about your device type, unique ID, and operating system.
6. LOCATION DATA
6.1 With your consent, we may process your Location Data to enhance our Services or provide additional features based on your location.
6.2 You can manage your location services settings on our Platform at any time through your device settings.
7. SECURITY OF YOUR PERSONAL INFORMATION
7.1 We implement reasonable and appropriate measures to safeguard your Personal Information from unauthorized access, loss, disclosure, alteration, or destruction.
7.2 Our security measures include physical access controls, encryption, internet firewalls, intrusion detection, and network monitoring tailored to the nature of the information and Processing scope.
7.3 While we strive to secure your Personal Information using industry-standard methods, we cannot guarantee absolute security due to the inherent risks in data transmission over electronic platforms.
8. HOW LONG WE RETAIN YOUR DATA
8.1 We retain your Data for as long as necessary.
8.2 The retention period is determined by factors such as the purpose of data collection, legal obligations, contractual agreements, and your Consent.
8.3 You have the right to object to Data Processing at any time, but we may need to store your Data for handling objections or inquiries promptly.
8.4 Ya.Africa will utilize Pseudonymisation techniques to retain your Usage Data for internal analysis purposes. Typically, we maintain your Usage Data for a shorter duration, unless it is essential for enhancing security, improving Services functionality, or required by legal obligations to retain it for extended periods.
9. TRANSFER OF YOUR DATA
9.1 Your Data may be transferred, Processed, and stored outside of your local jurisdiction where the governing laws may vary from those in your region.
9.2 If you are situated outside the Republic of South Africa and opt to share information with us, please be aware that we may transfer your Data to the Republic of South Africa for Processing.
9.3 By consenting to this Policy and providing your Data, you agree to such transfers.
9.4 We will take necessary measures to ensure the secure handling of your Data in alignment with this Policy. Your Data will only be transferred to organizations or countries with adequate data protection laws or controls in place to protect it.
9.5 Additionally, we will adhere to Applicable Laws, regulatory requirements, and compliance standards when purging or deleting your Personal Information.
10. PROVISION OF PERSONAL INFORMATION TO SERVICE PROVIDERS
10.1 We may disclose your Personal Information to Service Providers as necessary to fulfill the original purposes for which it was collected and Processed.
10.2 Agreements will be established with Service Providers, where deemed appropriate, to ensure compliance with Applicable Laws during the Processing of your Personal Information.
11. AFFILIATE AND AFFILIATE PROCESSING
11.1 Our Affiliates may share Personal Information among themselves for operational needs and to assist in meeting obligations to you.
11.2 All Affiliates adhere to the principles outlined in this Policy to standardize and ensure compliance with lawful Processing requirements set by Applicable Laws when transferring Personal Information between them.
11.3 Affiliates transfer Personal Information under specific circumstances, including but not limited to instructions from you, Consent requirements, enhancing Services quality, marketing support, legal compliance, and business transactions involving our assets.
11.4 Please be aware that we do not control third parties or Affiliates who are not contracted to Process Personal Information for and on our behalf. These third parties and Affiliates are responsible for managing their own use of the Personal Information collected in these circumstances. We recommend that you carefully consider any applicable privacy policies of the relevant third party, Service Provider, or Affiliate to find out more about their handling of your Personal Information.
12. CHILDREN’S PRIVACY
12.1 Our Services are not intended for use by Children.
12.2 We do not knowingly collect personally identifiable information from Children.
12.3 If you become aware that a Child has provided us with Personal Information, please contact us in accordance with Clause 16 below.
12.4 If we become aware that we have collected Personal Information from Children without parental Consent, we will take immediate steps to remove/delete such Personal Information.
13. ACCESS
13.1 You have the ability to view, revise, and update your Personal Information by logging into your Ya.Africa Account. Kindly ensure that your Personal Information is kept current and accurate by promptly making any necessary updates.
13.2 Once you have made a public post, it may not be possible to alter or delete it.
13.3 If you wish to deactivate your Ya.Africa Account, you can request its closure, and we will endeavor to deactivate your account and remove your Personal Information from visibility in a timely manner, considering your account activity and in compliance with Applicable Laws.
13.4 We respect your right to request access, modification, or deletion of your Personal Information. In certain instances, we may be entitled to withhold access or decline modification or deletion requests as permitted by Applicable Laws, with reasons provided if such actions are taken. For inquiries regarding access and potential fees, please reach out to us as outlined in Clause 16 below or refer to our PAIA Manual.
14. PAIA MANUAL
14.1 The Promotion of Access to Information Act (PAIA) is the legislation in South Africa governing information access, allowing individuals to obtain information held by public and private entities.
14.2 Should you seek to review, amend, or obtain a copy of your Personal Information held by us, please consult our PAIA manual for guidance on submitting a request. Our PAIA manual can be found on our website.
15. YOUR RIGHTS
15.1 Your rights concerning your Personal Information are important, and considerations may vary in addressing any requests you make.
15.2 Your rights encompass:
15.2.1 Right of Access – You have the right to request a copy of the Personal Information we hold about you.
15.2.2 Right to Know – You can inquire about the Personal Information shared with our Affiliates or Service Providers.
15.2.3 Right to Amend – You can request updates or deletion of inaccurate or irrelevant Personal Information.
15.2.4 Right to Object – You can object to the Processing of your Personal Information.
15.2.5 Right to Report – If you feel your Personal Information has been mishandled, you can file a complaint with the relevant authorities as detailed in Clause 16 below.
16. CONTACT US
If you wish to update your communication preferences via email or believe that Ya.Africa has processed your Personal Information contrary to Applicable Laws, please attempt to address any concerns directly with us: [email protected]
If you are dissatisfied with the resolution from the above process, you retain the right to lodge a complaint with the relevant Data Protection Authority using the contact details provided below:
Name of Body: Information Regulator South Africa
Phone number: 010 023 5200
Website: https://inforegulator.org.za/
General Enquiries: [email protected]
POPIA Complaints: [email protected]
17. COMMUNICATIONS WITH YOU
17.1 By utilizing the Ya.Africa website or reaching out to us, you agree to engage with various Electronic Communication channels, such as email, SMS, or WhatsApp. Any information you transmit to us through these Electronic Communications may be electronically stored by us and the relevant channel providers, like WhatsApp. We take reasonable measures to ensure that any third parties storing your information adhere to appropriate confidentiality obligations. However, it is your responsibility to review and understand the terms and conditions and privacy policies of the specific channel providers, such as WhatsApp.
17.2 Any electronic communication, whether through email, SMS, WhatsApp, or phone messages sent to you, will be deemed received when sent unless proven otherwise. This includes mobile push notifications. Therefore, it is your responsibility to ensure you have the necessary internet access, data, or devices at your own cost for receiving Electronic Communications.
17.3 If you prefer not to communicate via a particular channel, you can opt-out and adjust your communication preferences by contacting us as outlined in Clause 16 above.
17.4 While Ya.Africa takes reasonable steps to safeguard your Personal Information and uphold confidentiality, we cannot guarantee the security or integrity of information transmitted to us online, especially through social media platforms like WhatsApp. Your use of any third-party platform is subject to their terms and conditions, and you acknowledge that you do so at your own risk. You agree that any agreements, notices, disclosures, and other communications provided to you electronically meet legal requirements for written communication.
18. DISCLOSURES IN TERMS OF SECTION 43 OF ECTA
Any transactions conducted on the Platform qualify as “Electronic Transactions” under the ECTA. Ya.Africa is a classifieds marketplace facilitating connections and transactions between Buyers and Sellers.
The website address of Ya.Africa is www.ya.africa
Alternative dispute resolution: Any disputes arising from the use of the Website or related agreements will be resolved in accordance with Ya.Africa’s Terms and Conditions and Dispute Resolution Policy.
19. CHANGES TO THIS POLICY
19.1 We retain the right to update or amend this Policy or its Annexures at our discretion, without prior notice.
19.2 Changes may be made to comply with legislative requirements or evolving business needs.
19.3 Unless stated otherwise, the current version of this Policy supersedes all previous versions.
19.4 This Policy was last updated on 10/05/2024.
