Effective Date: 01/11/2021
PromoFlo values your privacy and is dedicated to safeguarding and preserving your privacy when using our application, visiting our website or communicating electronically with us.
Who We Are
We are PromoFlo, a trading name of Promoflo SA (Pty) Ltd. registered in South Africa. PromoFlo SA (Pty) Ltd is the controller of the information we collect, control, process and use about you (which we call “personal data”). All references in this Privacy Statement to "PromoFlo", "our", "us" or "we" refer to PromoFlo SA (Pty) Ltd.
When we talk about the “Site”, we mean our platforms, which include our websites, mobile applications, communications we send or services we provide, social networking sites, or any other websites we offer that link to or reference this Privacy Statement.
This Privacy Statement explains:
- What personal data we collect;
- How we use and share your personal data;
- How we store your personal data; and
- Your rights over your personal data.
PromoFlo reserves the right to change or modify this Privacy Statement. Any changes we make to our Privacy Statement will be posted on this page and, where appropriate, you will be notified of any changes by post or email. Please check back frequently to see any updates or changes to our Privacy Statement.
You understand that your continued use of the Site after we send a notice about our changes to the Privacy Statement means that the collection, control, processing, and use of your personal data is subject to the updated Privacy Statement. If you object to any changes, please contact us at privacy@PromoFlo.com.
I. Personal Data We Collect
We collect and process the personal data you provide us. In particular, when you use the site, join the Promoflo Network, or a Promoflo Community, or enter a competition for the first time, we ask you to register and provide us with the following personal data relating to you:
- Your name;
- Cellphone Number;
- Email address;
- Date of birth;
We also collect and process your personal data when you use our Site, including through cookies. For more information about cookies, see our Cookies Policy. This personal data includes the following:
- Your community engagement information. When you use PromoFlo, we will collect information about your use of our Site. For example, when you enter a competition or redeem a voucher we’ll record details of the offer, the date and time and the device through which you’ve redeemed it on. We’ll use this information to personalise the offers we show you in the future.
- Your location information. When you use our Site, we may receive your location or ask to use it. We’ll use this to show you content, offers and competitions near you. If you’re using our application, depending on your handset or the network you subscribe to, PromoFlo may automatically receive this information.
- Your mobile phone information. When you use the PromoFlo application for the first time, we will receive a unique identifier for your phone if your handset manufacturer or network provide it. By downloading and using the PromoFlo application or site, you are consenting to us using this information to send you push notifications about our offers. We will not share these details with third parties.
- Your IDFA/Advertising Identifier. We also collect, where provided, your device's IDFA/Advertising Identifier. This is an anonymous ID provided by your operating system. We may pass this anonymised data to a third-party partner for purposes of providing accurate and relevant advertising across various operating systems and devices, and to analyse the effectiveness of advertising campaigns. Details of how to opt out of IDFA/ Advertising Identifier data-sharing can be found on your mobile device operating settings.
We may also receive personal data about you from third parties with whom we conduct business, such as Promoflo community owners, marketing agencies, market research companies, our suppliers, contractors, consultants, group companies, public websites and public agencies (“Partners”).
II. How we use your personal data and the basis on which we use it
We control and process the personal data you provide to us, which we collect from other sources, and which we generate, to:
- To operate our Site and provide our services. We use personal data to provide the functionality on our Site (e.g. to allow you to register for an account) and to provide our services (e.g. to email you with voucher codes you have requested). We do this to meet our obligations to you under the Terms and Conditions.
- To personalise the content you receive. By collecting data on your activities on our Site, we’ll be able to better understand the types of offers in which you’re interested. We’ll then present the most relevant offers for you on our Site. We do this to further our legitimate interests in showing customers offers that are most relevant to them.
- Communicate with you. One of the main ways we use your personal data is to let you know about our competitions, offers and other promotions. We do this to further our business interests in engaging with our customers, or (where required by law) with your consent. In particular, we send:
- Emails, SMS and other mobile message notifications. Once you become a PromoFlo member we’ll send you newsletters and message notifications letting you know about our offers and deals. We may also send you offers from our Partners we think you might be interested in. If you don’t wish to receive emails from us you can click the ‘unsubscribe’ link, which is found at the bottom of all emails from PromoFlo. You will be sent to an ‘update your preferences’ page in your account where you can opt out of different types of communication channels, or you can click ‘unsubscribe from all’.
- Push notifications. These are general notifications about our latest offers and location-based messages when you are near a venue or shop with an offer. Both types of notification can be controlled in the settings section of the PromoFlo app or site.
Where you give your consent to marketing, you may withdraw at any time after giving it, as described below.
- Responding to you. When you send an email or other communication to PromoFlo, we may use personal data in the communication in order to respond. We do this to provide our services to you in accordance with the Terms and Conditions.
- To show advertising. We use your personal data to deliver personalized advertising on our Site and on third party websites. Where such advertising involves cookies, we rely on your consent to the use of those cookies (for more information, see our Cookies Policy). In other cases, we rely on our legitimate interests in showing the most relevant adverts to current and potential customers.
- To provide insight. Our use of technologies, including Segment.io and Google Analytics, enables us to gather statistical information about how people use our Site. As well as using this to improve what we do, we also share it with the brands we work with to give them feedback. The information we share will not identify you personally, it is statistical data and does not directly identify any person. We use personal data in this way to meet our legitimate interests in understanding how our Sites and services are working, so that we can improve them.
We may also collect, use and store your personal data for the following additional reasons:
- to deal with any enquiries or issues you have about how we collect, store and use your personal data, or any requests made by you for a copy of the personal data we hold about you. If we do not have a contract with you, we may process your personal data for these purposes where it is in our legitimate interests for customer services purposes;
- for internal corporate reporting, business administration, ensuring adequate insurance coverage for our business, ensuring the security of company facilities, research and development, and to identify and implement business efficiencies. We may process your personal data for these purposes where it is in our legitimate interests to do so;
- to comply with any procedures, laws and regulations which apply to us. This may include where we reasonably consider it is in our legitimate interests or the legitimate interests of others to comply, as well as where we are legally required to do so; and
- to establish, exercise or defend our legal rights. This may include where we reasonably consider it is in our legitimate interests or the legitimate interests of others, as well as where we are legally required to do so.
Where we rely on our (or a third party's) legitimate interests for using your personal data, we will undertake a balancing test to ensure that our (or the third party's) legitimate interests are not outweighed by your interests or fundamental rights and freedoms which require protection of the personal data. You can ask us for information on this balancing test by using the contact details at the end of this Privacy Statement. Where we process your personal data on the basis of our (or a third party’s) legitimate interests, you have the right to object to the processing. For more information on your right to object, please see Section VI (Your Rights).
III. How and why we disclose personal data
We will never rent, sell or share your personal data with any other company for its own marketing purposes without your consent.
We share your personal data with our group companies where it is in our legitimate interests to do so for internal administrative purposes (for example, for corporate strategy, compliance, auditing and monitoring, research and development and quality assurance).
We share your personal data with the following third parties or categories of third parties:
- we will share you contact information and limited personal information with PromoFlo Community owners who you explicitly consent to.
- we may share anonymised and aggregated statistical information with our suppliers to demonstrate what interest there has been in any marketing campaigns we have assisted our suppliers in carrying out;
- our other service providers and subcontractors, including payment processors, utility providers, suppliers of technical and support services, insurers, logistic providers, and cloud service providers;
- companies that assist in our marketing, advertising and promotional activities;
- analytics and search engine providers that assist us in the improvement and optimisation of our Site; and
- companies that make use of location data associated with an anonymous advertising ID to deliver personalised advertising.
Any third parties with whom we share your personal data are limited (by law and by contract) in their ability to use your personal data for any purpose other than to provide services for us. We will always ensure that any third parties with whom we share your personal data are subject to privacy and security obligations consistent with this Privacy Statement and applicable laws.
We will also disclose your personal data to third parties:
- where it is in our legitimate interests to do so to run, grow and develop our business:
- if we sell or buy any business or assets, we may disclose your personal data to the prospective seller or buyer of such business or assets;
- if substantially all of our or any of our affiliates' assets are acquired by a third party, in which case personal data held by us will be one of the transferred assets;
- if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, any lawful request from government or law enforcement officials and as may be required to meet national security or law enforcement requirements or prevent illegal activity;
- to protect the rights, property, or safety of PromoFlo, our staff, our customers or other persons. This may include exchanging personal data with other organisations for the purposes of fraud protection and credit risk reduction.
- We may also disclose and use anonymised, aggregated reporting and statistics about users of our Site or our goods and services for the purpose of internal reporting or reporting to our group or other third parties, and for our marketing and promotion purposes. None of these anonymised, aggregated reports or statistics will enable our users to be personally identified.
Save as expressly detailed above, we will never share, sell or rent any of your personal data to any third party without notifying you and, where necessary, obtaining your consent. If you have given your consent for us to use your personal data in a particular way, but later change your mind, you should contact us and we will stop doing so (as described in Section VI (Your Rights)).
IV. International Transfers of Your Personal Data for GDPR residents
Your personal data may be transferred to, stored, and processed in a country that is not regarded as ensuring an adequate level of protection for personal information under European Union or United Kingdom law. We have put in place appropriate safeguards (such as contractual commitments) in accordance with applicable legal requirements to ensure that your data is adequately protected.
Further details on the steps we take to protect your personal data, is available from us on request by contacting us by email at gdpr@PromoFlo.com at any time.
V. Retention of Personal Data
We keep your personal data for as long as you have an account with us or as necessary to provide a service to you. We also retain that data for a further period as necessary to operate our business effectively -- when determining this period, we take into account the amount of time required to keep records for financial reporting and audit purposes, for fraud prevention, and as necessary to comply with legal obligations, resolve disputes and enforce our agreements.
VI. Your Rights
You have the following rights over your personal data:
- Right to access. You have the right to request access to the personal data we hold about you along with specific information about the processing and a copy of that personal data.
- Right to rectify. You have the right to request us to rectify any personal data which is out of date or incorrect.
- Right to erase. You have the right to ask us to erase any personal data which we are holding about you in certain specific circumstances. You can ask us for further information on these specific circumstances by contacting us using the details below. We will pass your request onto other recipients of your personal data, unless that is impossible or involves disproportionate effort. You can ask us who the recipients of your personal data are, using the contact details below.
- Right to restrict processing. You have the right to ask us to restrict the way we process your personal data in certain specific circumstances. You can ask us for further information on these specific circumstances by contacting us using the details below. We will pass your request onto other recipients of your personal data, unless that is impossible or involves disproportionate effort. You can ask us who the recipients of your personal data are, using the contact details below.
- Right to data portability. You have the right to ask us to provide your personal data to a third party. This right only applies where we use your personal data on the basis of your consent or performance of a contract; and where our use of your information is carried out by automated means.
- Right to object. You have the right to ask us to consider any valid objections you have to our use of your personal data, where we process your personal data on the basis of our or another person's legitimate interest. We will consider all such requests and provide our response within a reasonable period (and in any event within one month of your request unless we tell you we are entitled to a longer period under applicable law). Please note, however, that certain personal data may be exempt from such requests in certain circumstances, for example if we need to keep using the information to comply with our own legal obligations or to establish, exercise or defend legal claims.
- Right to stop marketing. You have a right to ask us to stop using your personal data for direct marketing purposes. If you exercise this right, we will stop using your personal data for this purpose.
- Right to withdraw consent. If we rely on your consent to process your personal data in a particular way, but you later change your mind, you may withdraw your consent by contacting us at gdpr@PromoFlo.com and we will stop doing so. However, if you withdraw your consent, this may impact the ability for us to be able to provide offers and discounts and associated services to you (for example, we may not be able to provide marketing information to you regarding our suppliers' products and services).
The rights set out above are not absolute, and are subject to exceptions and restrictions set out in applicable law. If we believe an exception or restriction applies, we will tell you this when we respond to your request.
If you would like further information in relation to these or would like to exercise any of them, please contact us via email at gdpr@PromoFlo.com at any time. Please note that we may request you provide us with information necessary to confirm your identity before responding to any request you make.
Our Site and services are not directed at children under the age of 13 and we do not knowingly collect any personal data from children under the age of 13.
If you are a child under the age of 13 and we learn that we have inadvertently obtained personal data from you from our Site, or from any other source, then we will delete that personal data as soon as possible.
Please contact us at gdpr@PromoFlo.com if you are aware that we may have inadvertently collected personal data from a child under the age of 13.
VIII. Cookies and Similar Technologies
For detailed information on the cookies we use and the purposes for which we use them and how to opt out, please refer to our Cookies Policy.
IX. Privacy Practices of Third Parties
You may find links to third-party websites on our Site. These hyperlinks are provided for your reference and convenience only and do not imply PromoFlo’s endorsement of the activities of those third-party websites, or any association with their operators.
This Privacy Statement only applies to processing of your personal data by us, as outlined above. If you provide personal data to any third-party websites, in each case the processing will be subject to the website operator’s own privacy statement and policies. We encourage you to familiarise yourself with the privacy statements provided by these other parties prior to providing them with information.
XI. Contact Us
If you have any queries or complaints about our collection, use or storage of your personal data, or if you wish to exercise any of your rights in relation to your personal data, please contact privacy@PromoFlo.com. We will investigate and attempt to resolve any such complaint or dispute regarding our processing of your personal data.
You can also contact our data protection officer at firstname.lastname@example.org or privacy@PromoFlo.com