Danko T&Cs (including data privacy and POPI policy)
Your attention is drawn to these T&Cs because they are important and should be carefully noted.
By using the App, Users acknowledge that they have read and agree to be bound by these T&Cs (including the data privacy and POPI policy)
PART 1: GENERAL T&Cs
1. Introduction
1.1. The Danko software application (“the App”) and the website at www.dankopay.com (“the Website") have been developed, are owned, and are operated by iNala Payment Services (Pty) Ltd (Reg nr: 2021/414313/07) (“iNala”).
1.2. The App is available for download from various app stores identified by iNala from time to time, on compatible electronic devices.
1.3. The App enables users (“Users”) to pay to certain service providers (“the Recipients”) tips and/or gratuities without the need for the Users to carry cash. Such tips and/or gratuities are paid to the Recipient as an electronic transfer of cash into the Recipient’s money-market account held at Shoprite.
1.4. These T&Cs ("T&Cs") govern the use of the App.
2. Important Notice
2.1. These T&Cs apply to Users who are consumers for purposes of the Consumer Protection Act 2008 (“the CPA").
2.2. These T&Cs contain provisions that appear in similar text and style to this clause and which -
2.2.1. May limit the risk or liability of iNala or a third party; and/or
2.2.2. May create risk or liability for the User; and/or
2.2.3. May compel the User to indemnify iNala or a third party; and/or
2.2.4. Serve as an acknowledgement, by the User, of a fact.
2.3. If there is any provision in these T&Cs that a User does not understand, it is the User’s responsibility to ask iNala to explain it to them before they accept the T&Cs by continuing to use the App.
2.4. Nothing in these T&Cs is intended or must be understood to unlawfully restrict, limit, or avoid any right or obligation, as the case may be, created for either the User or iNala in terms of the CPA.
3. Registration and use of the App
3.1.Only registered Users may use the App.
3.2. To register as a User of the App, a User must provide iNala with their unique mobile telephone number, certain limited personal details, and relevant information as indicated in the App throughout the registration process. Users will be given a one-time passcode (OTP) each time they are required to log into the App.
3.3. Users will need to use their unique mobile telephone number and one-time passcode (OTP) to use the App. Failure by a User to enter their correct mobile telephone number and OTP when wanting to use the App will result in the User being unable to do so.
3.4. Users agree and warrant that their OTP shall not be disclosed by them to any third party. In the event that a User discloses their OTP to a third party, he/she does so at their own risk, and iNala shall not be liable for any costs, expenses, losses, harm, and/or damages suffered by any User as a result.
3.5. Users agree that, once their correct mobile telephone number and OTP have been entered in order to access the App, irrespective of whether the use of the mobile telephone number and/or OTP is unauthorized or fraudulent, the User in question will be liable for payment of any resulting payment transaction.
3.6. Users agree to notify iNala immediately upon becoming aware of, or reasonably suspecting, any unauthorised access to or use of their mobile telephone number and/or OTP and to take steps to minimise any resultant costs, expenses, losses, harm, and/or damages.
3.7. Users agree that they will not in any way use any device, software, or other instrument to interfere or attempt to interfere with the proper working of the App. Users may use the App only for lawful purposes and may not in any way (including without limitation by use of any robot, spider, other automatic device, or manual process) monitor, distribute, display, publish, copy, print, post, modify or otherwise use the App and/or the information contained therein without iNala’s express prior written consent.
4. Correctness of information
4.1. iNala relies on information supplied to it by Users and accordingly bears no responsibility or liability for any inaccuracies in respect of such information supplied to it.
4.2. It is the obligation of the User to resolve any dispute that may arise as a result of inaccurate information on the App. iNala is not obliged to participate in the resolution of such a dispute, although it may decide, in its sole and absolute discretion, to do so.
5. Minors
By using the App, Users warrant that they are 18 years of age or older and of full legal capacity. If a User is under the age of 18 or if a User is not legally permitted to enter into a binding agreement, then such Users may use the App only with the involvement and supervision of a parent or legal guardian. In such event, and only if the parent or legal guardian supervises the User and gives his/her consent, then he/she agrees to be bound to these T&Cs and to be liable and responsible for the User and all the User’s obligations under these T&Cs.
6. How it works
6.1. It is not necessary for Recipients to download the App in order to receive tips and/or gratuities from Users.
6.2. Users pay tips and/or gratuities to Recipients by scanning the Recipient’s unique QR code (if same has been allocated to the Recipient by iNala at the request of the Recipient’s employer, or at the Recipient’s request to iNala via the Website) or inserting a valid mobile telephone number provided by the Recipient, and indicate, via the App, the amount of the tip and/or gratuity to be paid to the Recipient.
6.3. The tip and/or gratuity paid by the User is transferred to iNala, which holds a float with Shoprite for this purpose, via a secure payment gateway.
6.4. When a Tip Giver pays a tip and/or gratuity to the Recipient through the App, a notification is sent via an API in the App to Shoprite to allocate the full value of the tip and/or gratuity to the Recipient’s money-market account held at Shoprite. The Recipient’s money-market account is credited with the full value of the tip and/or gratuity, and iNala’s float with Shoprite is debited by this amount.
6.5. In the event the Recipient does not hold a money-market account at Shoprite, the Recipient shall be prompted to open such an account via Shoprite’s various platforms. Should the Recipient not wish to open a money-market account with Shoprite, the App cannot be used to pay a tip and/or gratuity to that particular Recipient.
6.6. Users will be charged an administration fee (see breakdown below) depending on the tip value over and above the tip and/or gratuity amount paid to the Recipient. This administration fee is paid to iNala.
R5 to R20 a service fee of 20% is charged
R21 to R50 a service fee of 15% is charged
R51 to R100 a service fee of 10% is charged
R101 to R500 a service fee of 7,5% is charged
R501 to R100 000 a service fee of 5% is charged
7. Cancellation or correction of payments
It is the User’s responsibility to ensure that they are making payment of the correct amount to the Recipient. The App requires the User to confirm the correctness of the payment, and does not allow for the User to cancel or correct any tip and/or gratuity paid to a Recipient once the correctness thereof is confirmed. iNala is unable to process any requests to cancel or correct any payments made via the App.
8. Payment
8.1. It is specifically recorded that iNala makes use of a secure payment gateway to facilitate the transfer of funds from the User to the Recipient. While this secure payment gateway is committed to upholding strict security standards, it is not owned by iNala, nor is it under iNala’s control, and as such, Users acknowledge that iNala is not responsible or liable for any costs, expenses, losses, harm and/or damages caused by use of the secure payment gateway.
8.2. Payment through the secure payment gateway can be made by credit card or debit card.
8.3. When registering to use the App, in addition to the information indicated in clause 3.2above, Users are requested to provide the details of a credit card or debit card against which any payments made via the App are processed. iNala does not store Users’ credit card or debit card details.
8.4. In order to authorise and/or verify the validity of a payment, iNala may require additional information from the User. Users will be redirected to the secure payment gateway site in order to provide such additional information.
8.5. iNala is entitled to withhold processing any payment until such time as the additional information is received by it and authorisation is obtained by it for the payment. If iNala does not receive authorisation, the payment to the Recipient will be canceled.
8.6. Users warrant that they are fully authorised to use the credit card or debit card supplied for purposes of making payments via the App. Users also warrant that their credit card or debit card has sufficient available funds to cover the aforementioned payments.
8.7. In terms of an agreement between the secure payment gateway and iNala, the secure payment gateway shall undertake a daily reconciliation of all payments made via the App, and will make payment of the total of such daily payments to iNala (into iNala’s float held at Shoprite, as referred to in clause 6.3 hereof) on a daily basis. In this regard, iNala is authorised to receive payment of the tips and/or gratuities on behalf of the Recipients.
8.8. Payment to the Recipients is made as described in clause 6.4 hereof.
8.9. Users acknowledge that:
8.9.1. notwithstanding that they may pay tips and/or gratuities to Recipients via the App, such payments are being made to the Recipient. The payment transaction is solely between the Tip Giver and the Recipient. iNala is not a party to the payment transaction, and only provides the platform to facilitate the payment transactions between Users and Recipients in relation to the tips and/or gratuities;
8.9.2. iNala has no insight into, access to, or control over the Recipients’ money-market accounts held at Shoprite, and such accounts are managed by, or on behalf of, the Recipients by Shoprite in accordance with the terms and conditions relating to such money-market accounts, of which the Recipient is deemed to have knowledge;
8.9.3. iNala has no control over how the tips and/or gratuities are actually used by the Recipients and iNala accepts no responsibility therefor.
8.10. iNala will be the first point of contact for any complaints arising out of or in connection with the payment transaction between the User and the Recipient. However, should such a complaint escalate into a dispute, it is the obligation of the User and the Recipient to resolve such a dispute. iNala is not obliged to participate in the resolution of such a dispute, although it may decide, in its sole and absolute discretion, to do so.
9. Errors
iNala shall take all reasonable efforts to ensure that all information on the App is accurate and correct, but shall not be responsible or liable for any errors on the App which are not due to iNala’s gross negligence.
10. Privacy Policy
iNala respects your privacy and will take all reasonable measures to protect it, as more fully detailed in its Privacy Policy, which is detailed in PART 2 of these T&Cs.
11. Amendments or variations to these T&Cs
11.1. iNala may, in its sole and absolute discretion, amend or vary these T&Cs at any time. It is the User’s responsibility to regularly check these T&Cs and make sure that they are satisfied with the changes. Should a User be unsatisfied with any amendments or variations to the T&Cs, such Users should no longer make use of the App. Continued use of the App by any User, despite any dissatisfaction therewith, shall be deemed to be an acceptance of the amended or varied T&Cs.
11.2. Any amendment or variation to the T&Cs will apply to any User’s use of the App after the amendment or variation is displayed in these T&Cs. Continued use of the App by any User following such amendment or variation, shall be deemed to be an acceptance of the amended or varied T&Cs.
12. Electronic communications
By using the App or sending emails to iNala, a User consents to receiving communications from iNala or any of its divisions, affiliates, or partners electronically in accordance with our Privacy Policy as set out in clause 10 above.
13. Ownership and copyright
13.1.The contents of the App, including any material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, trademarks, designs, and service marks which are displayed on or incorporated in the App ("App Content") are protected by law, including but not limited to, copyright and trade mark law. The App Content is the property of iNala, its advertisers and/or sponsors, and/or is licensed to iNala.
13.2. No User will acquire any right, title, or interest in or to the App or the App Content.
13.3. Any use, distribution, or reproduction of the App Content is prohibited unless expressly authorised by iNala, or otherwise provided for in law.
14. Disclaimer
14.1.The use of the App is entirely at the User’s own risk and the User assumes full responsibility for any risk or loss resulting from such use or reliance on any information on the App.
14.2.Whilst iNala takes reasonable measures to ensure that the content of the App is accurate and complete, iNala makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability, or functionality of the App, or as to the accuracy, completeness or reliability of any information on the App. If any such representations or warranties are made by any iNala representatives, iNala shall not be bound thereby.
14.3. iNala is not responsible or liable for any damage, loss, or expense, whether direct, indirect, or consequential in nature, arising out of or in connection with any User’s access to or use of the App and/or any content therein, unless otherwise provided by law.
14.4. Any views or statements made or expressed on the App are not necessarily the views of iNala, its directors, employees, and/or agents.
14.5. In addition to the disclaimers contained elsewhere in these T&Cs, iNala makes no warranty or representation, whether express or implied, that the information or files available on the App are free of viruses, spyware, malware, trojans, destructive materials, or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of a User’s computer system, computer network, hardware or software in any way. Users accept all risk associated with the existence of such viruses, destructive materials, or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm, or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or their hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of iNala, its employees, agents or authorised representatives. iNala is not responsible or liable for any damage, loss or liability of any nature whatsoever arising out of or in connection with a User’s access to or use of the App.
15. Linked third-party websites
15.1. The App may contain links or references to other websites ("Third Party Websites") which are outside of iNala’s control, including those of advertisers. These T&Cs do not apply to those Third Party Websites and iNala is not responsible for the practices and/or privacy policies of those Third Party Websites or the "cookies" that those sites may use.
15.2. Notwithstanding the fact that the App may refer to or provide links to Third Party Websites, a User’s use of such Third Party Websites is entirely at such User’s own risk and iNala is not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from a User’s use of such Third Party Websites or the User’s reliance on any information contained thereon.
16. Limitation of liability
16.1. iNala cannot be held liable for any inaccurate information published on the App, save where such liability arises from the gross negligence or wilful misconduct of iNala, its employees, agents, or authorised representatives. Users are encouraged to contact iNala to report any possible malfunctions or errors by way of email to info@inalapay.com.
16.2. INALA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM THE USE OF, OR RELIANCE UPON, THE APP OR THE CONTENT CONTAINED IN THE APP; OR A USER’S INABILITY TO USE THE APP, AND/OR UNLAWFUL ACTIVITY ON THE APP, AND/OR ANY LINKED THIRD PARTY WEBSITE OR MOBILE APPLICATION. SHOULD IT BE FOUND THAT INALA IS LIABLE TO A USER OR USERS, SUCH LIABILITY SHALL BE LIMITED TO THE AMOUNT OF THE PAYMENT MADE BY THAT PARTICULAR USER OR USERS.
16.3.USERS HEREBY INDEMNIFY INALA AGAINST ANY LOSS, CLAIM, OR DAMAGE WHICH MAY BE SUFFERED BY THEM OR ANY THIRD PARTY ARISING IN ANY WAY FROM THEIR USE OF THE APP AND/OR ANY LINKED THIRD-PARTY WEBSITE OR MOBILE APPLICATION.
17. Availability and termination
17.1. iNala will use reasonable endeavours to maintain the availability of the App, except during scheduled maintenance periods, but is entitled at any time to discontinue providing the App or any part thereof with or without notice to any User.
17.2. iNala may in its sole discretion terminate, suspend and modify the App, with or without notice to Users. Users agree that iNala will not be liable to them in the event that it chooses to suspend, modify, or terminate the App, other than for processing any payments by Users and redemptions of electronic cash payments and/or vouchers by Recipients, to the extent possible.
17.3. If a User fails to comply with their obligations under these T&Cs, this may (in iNala’s sole and absolute discretion, with or without notice to the User) lead to a suspension and/or termination of that User’s access to the App, without any prejudice to any claims for damages or otherwise that iNala may have against them.
17.4. iNala is entitled, for purposes of preventing suspected fraud and/or where it suspects that a User is abusing the App, to blacklist the User on its database (including suspending or terminating the User’s access to the App) on notice to the User. iNala accepts no other liability which may arise as a result of such blacklisting, suspension, and/or termination.
17.5. A User can choose to stop using the App, with or without notice to iNala, at any time.
18. Force majeure events
As between any User and iNala, no party will be liable to any other party for any delay or failure in performing its obligations (excluding payment obligations) in terms of these T&Cs due to an event beyond its control, including but not limited to, an act of God, fire, flood, earthquake or war.
19. Governing law and jurisdiction
19.1.These T&Cs, the relationship between Users and iNala, and/or any dispute arising from or in connection with these T&Cs shall be governed and interpreted in accordance with the laws of the Republic of South Africa.
19.2. A User’s continued use of the App will constitute that User’s consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications, or the like instituted by either party against the other, arising from any of these T&Cs.
19.3. In the event of any dispute arising between a User and iNala, Users hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Gauteng Local Division, Johannesburg) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
19.4. Nothing in this clause 19 or the T&Cs limits a User’s right to approach any court, tribunal, or forum of competent jurisdiction in terms of the CPA.
20. Notices
20.1. iNala hereby selects 10 Blandford Ridge Estate, Lonehill, Sandton, Gauteng as its address for the service of all formal notices and legal processes in connection with these T&Cs ("domicilium address"). iNala may change its domicilium address from time to time by updating these T&Cs.
20.2. Users hereby select the email address and any physical address specified when registering for the App as their respective domicilium addresses, but Users may change such address by giving iNala not less than 7 days notice of such change in writing.
20.3. Notices must be sent either by hand or email and must be in English. All notices sent -
20.3.1.by hand will be deemed to have been received on the date of delivery;
20.3.2. by email before 16h30 on a business day will be deemed to have been received on the date of successful transmission of the email. All emails sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day unless the contrary is proved.
21. Information
21.1. For the purposes of the Electronic Communications and Transactions Act 2002, iNala’s information is as follows:
21.1.1. Full name: iNala Payment Services (Pty) Ltd, a private company registered in South Africa with registration number 2021/414313/07.
21.1.2. Main business: Software as a service
21.1.3. Physical address for receipt of legal service (also postal and street address): 10 Blandford Ridge Estate, Lonehill, Sandton, Gauteng
21.1.4. Office bearers: Michael Spinks
21.1.5. Phone number: +27 66 274 4754
21.1.6. Official email address: admin@dankopay.com
21.1.7. PAIA: The manual published in terms of section 51 of the Promotion of Access to Information Act 2000 may be downloaded from this App.
22. General
22.1.iNala may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the App, or the User’s right to use the App, or any of its contents, subject to iNala processing any payments by that User and/or redemptions of electronic cash payments and/or vouchers by that User, to the extent possible.
22.2.Users may not cede, assign, or otherwise transfer their rights and obligations in terms of these T&Cs to any third party.
22.3. Any failure on the part of a User or iNala to enforce any right in terms hereof shall not constitute a waiver of that right.
22.4.If any term or condition contained herein is declared invalid, the remaining T&Cs will remain in full force and effect.
22.5.No variation, addition, deletion, or agreed cancellation of the T&Cs by any User will be of any force or effect. The variation, addition, deletion, or agreed cancellation of the T&Cs by iNala is governed by clause 11 above.
22.6.No indulgence, extension of time, relaxation, or latitude which either a User or iNala (“the grantor") may show, grant or allow to the other of them (“the grantee") shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
22.7.These T&Cs contain the whole agreement between Users and iNala and no other warranty or undertaking is valid, unless contained in this document.
PART 2: POLICY IN RESPECT OF THE PROCESSING OF PERSONAL INFORMATION IN TERMS OF THE PROTECTION OF PERSONAL INFORMATION ACT, NO 4 OF 2013, AS AMENDED
1. Introduction to POPI
1.1.The Protection of Personal Information Act, 4 of 2013 (“POPI”) is South Africa’s data protection law.
1.2.POPI regulates the processing, management, storage, and protection of Personal Information with a view to protecting people from harm by protecting their Personal Information, to stop their money and/or identities being stolen, and generally to protect their privacy.
2. The Purpose of this Policy
iNala ensures that the conditions set out in POPI in respect of the processing of Personal Information are complied with, and this Policy explains how iNala obtains, uses, discloses, and holds Users’ Personal Information.
3. Important definitions in POPI
3.1.Several terms that are used in this policy are defined in POPI. These terms are:
3.1.1 Data Subject
The person to whom personal information relates. Within the context of iNala and the App, this refers to any User of the App
3.1.2. Direct marketing
to approach a data subject, either in person or by mail or electronic communication, for the direct or indirect purpose of –
(a) promoting or offering to supply, in the ordinary course of business, any goods or services to the data subject;
(b) requesting the data subject to make a donation of any kind for any reason.
3.1.3. Personal Information
information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including but not limited to –
(a) Information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person;
(b) Information relating to the education or the medical, financial, criminal or employment history of the person;
(c) Any identifying number, symbol, email address, physical address, telephone number, location information, online identifier or other particular assignment to the person;
(d)The biometric information of the person;
(e)The personal opinions, views, or preferences of the person;
(f)Correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;
(g)The views or opinions of another individual about the person;
(h)The name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person
3.1.4 Processing
any operation or activity or any set of operations, whether or not by automatic means, concerning personal information including –
(a) The collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation, or use;
(b) Dissemination by means of transmission, distribution, or making available in any other form; or
(c) Merging, linking, as well as restriction, degradation, erasure, or destruction of information and ”Process” and “Processed” shall have consistent meanings.
4. Processing limitation
4.1.iNala takes its obligations with regards to data protection and the privacy of all Users seriously, and the protection of Users’ Personal Information is important to iNala.
4.2.iNala is obliged to Process Personal Information in order to conduct its business, and to enable Users to use the App, but such Processing must take place only in accordance with POPI.
5. Processing Purpose
5.1.iNala is committed to processing Users’ Personal Information in a lawful, relevant, and transparent manner. Accordingly, iNala Processes only Users’ Personal Information for purposes relating to usage of the App, which purposes includes the following:
5.1.1.to enable Users to access the App, and to use its features;
5.1.2.respond to Users’ enquiries;
5.1.3.improve the App, its features, and the Users’ experience by analysing the Personal Information for trends.
5.2.In addition to the Personal Information referred to in clause 5.1 above, Users who register on the App shall be required to enter the details of a bank card from which payments made to Recipients via the App are debited. iNala makes use of a secure payment gateway to facilitate such payments. iNala does not store Users’ bank card details.
5.3.iNala is permitted to Process Users’ Personal Information on the following grounds:
5.3.1.if the User consents thereto;
5.3.2. if Processing is necessary for iNala to carry out actions for the conclusion or performance of a contract to which the User is party (such as the T&Cs relating to use of the App);
5.3.3. to enable iNala to comply with legal and/or regulatory obligations imposed on it;
5.3.4. to protect iNala’s legitimate interests without unduly affecting any User’s interests or fundamental rights and freedoms;
5.4.iNala Processes only the Personal Information collected directly from each User via the App.
6. Retention of Personal Information and Restriction of Personal Records
6.1.iNala retains Users’ Personal Information for as long as it may be necessary to fulfil the purpose for which it was collected (as detailed in clause 5.1 above) or to comply with legal, regulatory or internal policy requirements.
6.2.iNala shall restrict Processing any User’s Personal Information if:
6.2.1.its accuracy is contested by the User in question, and for a period enabling iNala to verify the accuracy of the Personal Information;
6.2.2.it no longer needs the Personal Information for achieving the purpose for which it was collected, but iNala will maintain such Personal Information for purposes of proof;
6.2.3.the Processing is unlawful and the User opposes its destruction or deletion and requests iNala to restrict its use instead; or
6.2.4.the User requests the Personal Information to be transmitted into another automated processing system.
7. Security Safeguards
7.1.iNala secures the integrity and confidentiality of Users’ Personal Information in its possession or under its control by taking appropriate, reasonable technical and organisational measures to prevent loss of, damage to, unauthorised destruction of, and unlawful access to or Processing of, Users’ Personal Information, in full compliance with POPI as well as best practices in the area of data security, including but not limited to data analysis, risk assessment and classification, data encryption, the use of multi-factor authentication and password policies, domain-based security policies, regular updating of antivirus software and operating systems, the use of a local firewall, authentication, authorisation, and auditing of all computer systems with the principle of “least privilege” applied, and ongoing training of staff in respect of security issues.
7.2. iNala has measures in place to identify all reasonably foreseeable internal and external risks to Users’ Personal Information in its possession or under its control, and has established and maintains appropriate safeguards against any identified risks. These safeguards are updated in response to new risks.
7.3. iNala has adopted a Disaster Recovery Plan (“the DRP”) to address any and all security breaches. In terms of the DRP, immediate action is taken to assess the breach and to resolve the issue. Such action includes communication with affected parties immediately, removing access to affected computer systems from the Internet and stop services, securing the network and scanning for and removing any viruses, malware, and ransomware, analysing affected systems, and determining the root cause of the breach, repairing the issue that caused the breach, removing vulnerable or malicious software and creating code fixes for bespoke software, vulnerability testing to ensure that the breach has been resolved, taking any necessary action to prevent a similar breach from recurring, and restoring access to the system(s).
7.4. iNala has processes in place to ensure the completeness and accuracy of Personal Information during collection thereof, and at all stages thereafter.
7.5. If it is required that any Users’ Personal Information is to be Processed by any third party, such Processing shall take place only with iNala’s knowledge and consent, and on the assurance that the Personal Information shall be treated as confidential by the third party. iNala confirms that there is a contractual agreement between it and such third parties that ensures that the third parties establish and maintain the appropriate and reasonable security measures in this regard, and that such third parties will notify iNala where there are reasonable grounds to believe that the Personal Information has been accessed or acquired by any unauthorised person.
8. Information Quality
8.1.iNala Processes Personal Information provided to it directly by Users.
8.2.It is the Users’ responsibility to ensure the accuracy and completeness of their Personal Information as provided to iNala, and update such Personal Information as and when it changes.
9. Confirmation and Consent
9.1. By registering to use the App and acknowledging this Policy, a User:
9.1.1. confirms that they are aware:
9.1.1.1. of the Personal Information being collected by iNala as detailed in this Policy;
9.1.1.2. of iNala’s contact information;
9.1.1.3. of the purpose for which the Personal Information is being collected;
9.1.1.4. that the supply of the Personal Information is voluntary, but is required to enable the User to use the App, and that failure to provide the Personal Information will result in the User being unable to register on the App and use the App;
9.1.1.5. that certain Personal Information may be required by iNala in terms of particular laws authorising or requiring the collection of this Personal Information, including but not limited to the Financial Centre Intelligence Act, 38 of 2001 (“FICA”);
9.1.1.6. that iNala does not intend transferring the Personal Information to a third country or international organisation, but to the extent that this may change, that iNala will do so in a manner and to a country or international organisation that provides the same or better level of protection of such Personal Information as South Africa;
9.1.2. acknowledges they are aware of their rights with respect to Personal Information as set out in this Policy, and specifically to the right:
9.1.2.1.to have Personal Information Processed in accordance with the conditions set out in Chapter 4 of POPI;
9.1.2.2.to be notified that Personal Information is collected and if it has been accessed by an unauthorised person;
9.1.2.3.to establish if iNala holds their Personal Information, and to request access to the Personal Information;
9.1.2.4. to request correction, destruction, or deletion of Personal Information;
9.1.2.5. to object to Processing of Personal Information;
9.1.2.6. not to have Personal Information Processed for purposes of direct marketing by means of unsolicited electronic communications;
9.1.2.7. not to be subject, under certain circumstances, to a decision which is based solely on the basis of automated Personal Information processing intended to provide a profile of the User;
9.1.2.8. to submit a complaint to the Information Regulator (www.jstivce.gov.za/inforeg) regarding the alleged interference with the protection of Personal Information of any User or to submit a complaint to the Regulator in respect of a determination of an adjudicator;
9.1.2.9. to institute civil proceedings regarding the alleged interference with the protection of their Personal Information; and
9.1.2.10.that such rights may be limited by other legislation that takes precedence over POPI;
9.1.3.specifically consents to the Processing of their Personal Information by iNala as indicated in this Policy; and
9.1.4.confirms that they are over the age of 18, or, in the event that they are under the age of 18, that their parent or guardian has consented to the Processing of their Personal Information as indicated in this Policy.
10. INFORMATION OFFICER
10.1. iNala’s Information Officer is
Full names: Michael James Spinks
Phone number: +27 66 274 4754
Email address: admin@dankopay.com