Privacy Policy

BEST10 PRIVACY POLICY

Last updated: May 2021

1. introduction

The right to privacy and this privacy “Policy” is important to us. JayKayFit Proprietary Limited trading as Best10 (registration number 2019/350865/07) (“Best10“, “us” or “we“) is committed to taking steps to protect your privacy when we process your personal information. We therefore implement business practices that comply with applicable data protection laws, including the Protection of Personal Information Act 4 of 2013 (“POPIA“) and the General Data Protection Regulation ((EU) 2016/679) (“GDPR“) (collectively, “Applicable Law“). This Policy applies to all processing of personal information by us.

Where we refer to “Personal Information” in this Policy, we mean personal information as defined in Applicable Law, being information that may be used to identify you directly or indirectly. Personal Information includes, for example, a data subject’s name, email address, identity number, contact details, photograph and location, and similar information applicable to juristic persons.

In this Policy, we explain how we will use and protect your Personal Information in compliance with Applicable Law. “You” means any natural or legal person whose Personal Information we process. Additional terms may also apply to our relationship where you are a customer of ours. The terms of this Policy will prevail if there is any conflict between this Policy and any other agreement entered into between us. We may change the terms of this Policy and will always process Personal Information according to the latest version.

In terms of Applicable Law, Best10 processes information as a responsible party for the purposes of managing our relationship and offering our services. We also process certain Personal Information as a responsible party when someone visits our website (even if they are not a customer).

Parts of this Policy will apply to you if you are a visitor to our website or where you are a customer.

2. children’s personal information and special personal information

Best10’s services are not intended for children, and therefore we do not intentionally collect or use children’s Personal Information, and will not do so without the consent of a parent or guardian of the child.

We will only collect and process special / sensitive Personal Information that you have voluntarily provided to us with your consent or if allowed by Applicable Law.

3. Collecting Personal Information

We collect Personal Information about you from the following sources:

• directly from you when you provide it to us, such as when you sign up to use our website and services, contact us or through our provision of our services and interaction with you;
• from public sources where you have made your Personal Information public, such as on social media;
• from your use of our website and services or use of any features or resources available on or through our website and services; and
• from third party service providers and platforms that we use to provide our services, where you have authorised us to access relevant information stored by or created as a result of those service providers, such as payment gateways.

4. categories of personal information that we process

General personal details: which includes, amongst others, name and surname, gender, date of birth, age, nationality, language preferences, identity or passport number, occupation, location.

Sensitive / special personal information:

Contact details: address, contact number, email address.

User information: Personal Information included in the general information collected by us when interacting with you to provide a tailored service, including information about family structure, activity levels and preferences, dietary preferences, etc.

Communication information: Personal Information included in correspondence, use of the Services or other materials that we process when providing the Services.

Consent records: records of any consents you have given us to use your Personal Information and any related information, such as the specific details of the consent. We will also record any withdrawals or refusals of consent.

Transaction and payment details: transaction records, payment method, payment amount, and related information.

Data relating to our website: such as the type of device used to access the website, operating system and browser, browser settings, IP address, dates and times of connecting to and using the website, cookies and other technologies, and other technical communications information, subject to your browser settings.

Account details: such as your username, password, usage data, and aggregate statistical information.

Content and advertising data: records of your interactions with our online advertising on the various websites which we advertise and records relating to content displayed on webpages displayed to you.

Views and opinions: any views and opinions that you choose to share with us, or publicly post about us on social media platforms or elsewhere.

5. purposes of processing personal information

We only process adequate and relevant Personal Information for the following purposes and legal bases:

• to perform in terms of our agreement with you to provide our services;
• operate and manage your account or your relationship with us;
• monitor and analyse our business to ensure that it is operating properly, for financial management and for business-development purposes;
• contact you by email, SMS, push notifications or other means to inform you about our services, unless you have opted-out of direct marketing communications;
• form a view of you as an individual and to identify, develop or improve our services;
• carry out market research and surveys, business and statistical analysis and necessary audits;
• fraud prevention;
• perform other administrative and operational tasks like testing our processes and systems and ensuring that our security measures are appropriate and adequate; and
• comply with our regulatory, legal or other obligations.

In addition to the above purposes, we may use Personal Information for other purposes if the law allows for it, if you consent to it, or if it is in the public interest to do so. All purposes for the processing of your Personal Information will be legal in terms of Applicable Law.

6. direct marketing

We may process your Personal Information to contact you to provide you with information regarding our services that may be of interest to you. Where we provide services to you (where you are a customer of ours), we may send information to you regarding our services and other information that may be of interest to you, using the contact details that you have provided to us. We will only send you direct marketing communications where you have consented to us sending you direct marketing, or about our services, or otherwise in compliance with Applicable Laws.

You may unsubscribe from any direct marketing communications at any time by clicking on the unsubscribe link that we include in every direct marketing communication or by contacting us and requesting us to do so.

After you unsubscribe, we will not send you any direct marketing communications, but we will continue to contact when necessary in connection with providing you with the services or in connection with our business. 

7. Disclosure of Personal Information to third parties

We will keep your Personal Information confidential and only share it with others in terms of this Policy, if you consent to it, or if the law requires from us to share it. We may disclose your Personal Information to:

• our business partners or third party processors to provide you with the website, and/or our services, this includes data storage service providers, third party software/platform providers in terms of written agreements with these parties;
• legal and regulatory authorities, upon their request, or for the purposes of reporting any breach of Applicable Law;
• accountants, auditors, lawyers and other external professional advisors in terms of written agreements with them;
• any relevant party as necessary for the establishment, exercise or defence of legal rights, criminal offences, threats to public security, etc.;
• any relevant third party if we sell or transfer all or any portion of our business or assets; and
• any relevant service provider where our website uses third party advertising, plugins or content.

If we engage third party operators (sub-contractors) to process Personal Information, the operators will be appointed on a written agreement which will require the operators to only process Personal Information on our written instructions, use appropriate measures to ensure the confidentiality and security of Personal Information and comply with any other requirements set out in the agreement and required by Applicable Law.

8. International transfers of Personal information

Due to the nature of our services and our business being established in different countries, we may need to transfer Personal Information to and from different countries for our business purposes.

We will only transfer Personal Information to third parties in countries with adequate data protection laws or do so in terms of a written agreement with the recipient which imposes data protection requirements on that party as required by Applicable Law.

Please note that when you transfer any Personal Information directly to a third party in another country (i.e. we do not send your Personal Information to the third party), Best10 is not responsible for that transfer of Personal Information (and that transfer is not based on or protected by this Policy). Any Personal Information that we receive from a third party country will nevertheless be processed in terms of this Policy.

9. security

We have implemented appropriate technical and organisational security measures designed to protect Personal Information against accidental or unlawful destruction, loss, alteration, disclosure, access and other unlawful or unauthorised forms of processing. These measures are in accordance with Applicable Law.

The internet is an open and often vulnerable system and the transfer of information via the internet is not completely secure. Although we will implement all reasonable measures to protect Personal Information, we can’t guarantee the security of your Personal Information transferred to us using the internet. Therefore, you acknowledge and agree that any transfer of Personal Information via the internet is at your own risk and you are responsible for ensuring that any Personal Information that you send is sent securely.

10. your legal rights

You have certain rights in relation to your Personal Information. As available and except as limited under Applicable Law, you have the following rights in respect of your Personal Information:

• right of access: the right to be informed of and request access to the Personal Information that we process about you;
• right to rectification: you may request that your Personal Information be amended or updated where it is inaccurate or incomplete;
• right to erasure: the right to request that we delete your Personal Information, subject to applicable limitations and exceptions;
• right to restrict processing: you may request that we temporarily or permanently stop processing your Personal Information;
• right to object:
  • you may object to us processing your Personal Information; and
  • to your Personal Information being processed for direct marketing purposes;
• right to information portability (under the GDPR): if we process your Personal Information in terms of the GDPR, you may request a copy of your Personal Information and request that information to be transmitted for use by another person; and
• right not to be subject to automated decision-making: where a decision that has a legal or other significant effect is based solely on automated decision making, including profiling, you may request that your Personal Information not be processed in that manner.

Where you have provided consent for us to process your Personal Information, you may also withdraw your consent where our processing is based on your consent. We may however your Personal Information if another legal justification exists for the processing.

11. Use of Cookies and similar TECHNOLOGIES

When you use our website, we automatically receive and record information on our server logs from your browser. This information may include, amongst others, your location, IP address, cookie information and Google Analytics information. This is statistical data about browsing actions and patterns. We may also obtain information about your general internet usage through a cookie file which is stored on the hard drive of your computer. Cookies enable us to improve our website and services, estimate our audience size and usage patterns, store information about your preferences and recognise when you return to the website.

In some instances, we collect and store information about your location through cookies (other than when you share your location with us). We convert your IP address or mobile GPS data into a rough geo-location, and we may use location information to improve and personalise the website and services for you.

You can set your web browser to refuse cookies, but if you do this you may not be able to enjoy the full use of the website or services and you may not be able to take advantage of certain promotions we may run.

Please note that third parties may also use cookies, but we do not have access to, or control over them, and therefore cannot take responsibility for them.

12. Links on OUR WEBSITE

Our website may include links to third party websites which do not fall under our supervision. We aren’t responsible for your privacy or the content of these third party sites, but we display these links in order to make it easier for you to find information about specific subjects. Your use of and reliance on these links is at your own risk.

13. Right to object

You may, on reasonable grounds, object to us using your Personal Information for certain purposes. If you object, we will stop using your Personal Information, except if Applicable Law allows its use. To exercise this right or to discuss it with us, please contact us on info@best10.app.

14. Quality and access to your information

Quality: we want to ensure that your Personal Information is accurate and up to date. You may ask us to correct or remove any Personal Information that you think is inaccurate, by sending us an email on info@best10.app.

Access: you have the right to request that we provide you with Personal Information that we hold about you. You must contact us directly to do so or send an email to info@best10.app. This request may be subject to an access to information request in terms of Applicable Laws and may require you to verify your identity, identify the rights you are wishing to exercise and pay a fee.

The right to access your Personal Information may further be limited in terms of Applicable Law.

15. Retention of information

We take every reasonable step to ensure that your Personal Information is only processed for the minimum period necessary for the purposes set out in this Policy.

We retain Personal Information in accordance with the required retention periods in Applicable Law or for legitimate business purposes. We will only retain your Personal Information for the purposes explicitly set out in this Policy. We may keep Personal Information indefinitely in a de-identified format for statistical purposes, which may include for example statistics of how you use the website and services.

This Policy also applies when we retain your Personal Information.

We may retain your Personal Information for the duration of any period necessary to establish, exercise or defend any legal rights.

16. Security breach

We will report any breach of Personal Information to the applicable regulatory authority in terms of Applicable Law and to the persons whose Personal Information is involved in the breach. If you want to report any concerns about our privacy practices or if you suspect any breach regarding your Personal Information, kindly notify us by sending an email to info@best10.app.

17. Lodging a complaint

If you want to raise any objection or have any queries about our privacy practices, you can contact our data protection officer on info@best10.app.

You also have the right to formally lodge a complaint to the relevant supervisory authority with the following contact details:

South Africa’s Information Regulator:

• Website: https://www.justice.gov.za/inforeg/
• Address: JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001
• Postal address: P.O Box 31533, Braamfontein, Johannesburg, 2017
• Complaints email: IR@justice.gov.za.
• General enquiries email: inforeg@justice.gov.za.

For complaints under the GDPR:

• Data subjects must contact their national data protection authority: https://edpb.europa.eu/about-edpb/about-edpb/members_en