This Policy applies to the Website and the switchpay social media pages and all products and services marketed and supplied by switchpay. Any personal information that switchpay may collect from you when you use the Website or via the switchpay social media pages, as well as the processing thereof, is strictly for business purposes only. switchpay will take all reasonable measures in accordance with this Policy and the Act, to protect your personal information, even when you are no longer our customer.

Please note that when accessing the switchpay social media pages, you are also subject to the terms of use of those social media platforms. switchpay cannot be held liable for the protection of personal information submitted on the switchpay social media pages as they are governed by the terms of use of those social media pages. switchpay does however undertake to process personal information obtained from the switchpay social media pages in terms of this Policy. By using this Website or the switchpay social media pages, you signify your acceptance of this Policy. If you do not agree to this Policy, please do not use this Website or the switchpay social media pages. Your continued use of the Website or the switchpay social media pages following the posting of changes to this Policy will be deemed your acceptance of those changes.

If you have any questions about this Policy please contact switchpay directly via 0861 995 008 or contact@switchpay.co.za.

switchpay may amend this Policy from time to time, so you should check this page from time to time to ensure that you are aware of any changes that have been made. By providing your personal information to switchpay, whether via the Website or the switchpay social media pages, you consent to switchpay processing your personal information as set out in this Policy.

Personal information via www.switchpay.co.za or switchpay social media pages

We may collect the following information:

• your name, contact details, including email address and phone number, business details and region which you may voluntarily submit to us when you click on the Call Me button or complete the Referral Form on the Website
• a list of the products and services you express an interest in when you use the Website
• any information you submit when participating in a promotion or competition or interacting on the Website or switchpay social media pages
• details obtained from your web browser or mobile platform, including your location, IP address, cookie information, and the page you requested

All identifiable data collected is treated as personal information, except where we are compelled to do otherwise by law or legal authority.

You may also visit our Website or switchpay social media pages anonymously and you can always refuse to supply personal information, except that it may prevent you from engaging with switchpay via the Website or participating in certain Website or switchpay social media page related activities, including promotions and competitions.

Security

We are committed to ensuring that your personal information provided to switchpay is kept secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the personal information we collect online via the Website or via the switchpay social media pages.

Please note that we may link to other websites which are not within our control. Once you have left our Website, we cannot be responsible for the protection and privacy of any information which you provide. You should exercise caution and look at the privacy statement applicable to the website in question.

Cookies

We use cookies on the Website. Cookies are files that store information on your hard drive or web browser allowing our Website to recognise that you have visited it before. You may choose to set your web browser to refuse cookies, or to alert you when cookies are being sent. If you do so, note that some parts of the Website may not function properly.

How do we use your personal information?

We use your personal information for the following reasons:

• call you back in response to your Call Us request
• provide switchpay products and services you have requested and notify you about important changes or pricing to these products and services
• process your application for switchpay product or services
• respond to your inquiries and complaints or processing your requests in relation to your information
• follow up as part of our customer care procedures
• update our records
• crime detection prevention and prosecution
• marketing and for research, training and statistical analysis with the aim of improving our products and services
• competitions and other promotions
• to contact you for market research purposes
• to measure the use of our Website and to improve its contents
• to share with and be processed by switchpay product providers to enable switchpayto make switchpay services and products available to you
• to share with and be processed by debt mediators appointed by switchpay. The debt mediators will process your personal information to assist you in mediating your credit agreements as required by you.

Should you request for us to contact you, we may contact you by e-mail or phone in relation to your request, as elected by you or in accordance with the purposes set out in this Policy. Should you consent thereto by opting in, we will continue to contact you by way of such methods until you advise us in writing that you no longer wish to be contacted.

We will not use your personal information for any purpose (other than as stated in this Policy) without your express consent. We will not use or disclose your personal information to third parties without your consent, unless the use or disclosure is –

• required to carry out the performance of the service agreement between you and switchpay;
• required in order to comply with applicable law, order of court or legal process; and/or
• disclosure is necessary to protect and defend the legitimate interests of switchpay.

We will not share your personal information with anyone else without your consent (other than on the basis set out in this Policy and in accordance with appropriate disclosure requirements we may be subject to by law).

You may withdraw your consent at any time for any of the processing activities by contacting switchpay. Your withdrawal of consent will not affect any processing activities that took place prior to the withdrawal.

We undertake to-

• treat your personal information as strictly confidential
• take appropriate security measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, alteration, disclosure or access, accidental loss, destruction or damage;
• promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
• provide you with reasonable evidence of our compliance with our obligations under this Policy on reasonable notice and request; and
• upon your request, promptly return or destroy any and all of your personal information in our possession or control.

We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.

Direct Marketing

We, switchpay product providers and our appointed debt mediators would like to provide you with information about new products and services, industry events, promotions, special offers and other information which we think you may find interesting. We may send you such information by email, post or telephone where you have opted to receive such marketing materials and have indicated to us how you wish to receive such marketing material when you registered for our services. You may opt-out of our direct marketing campaigns at any time, at which point we will not send you any direct marketing.

If we are providing you with services you will also be subject to the specific terms and conditions relating to the product and/or services you are being provided with and these terms will include additional information as to how we may contact you.

If you are a new customer or you have previously asked us for information on our products, we may send you information on our range of products by email where we have your permission to do so.

If the reason you have given us personal information is to receive email information from us, we will continue to provide this information by email unless you ask us not to do so.

We will not transfer, disclose, sell, distribute or lease your personal information to third parties other than in compliance with legal requirements we are subject to including, but not limited to, statute or regulation.

Intellectual Property Rights

All intellectual property or proprietary rights of any kind or description anywhere in the world displayed or uploaded on the Website and on the switchpay social media pages, including but not limited to, whether or not registerable, copyright, patents, proprietary material, trademarks, logos, design, know-how, trade secrets, new proprietary and secret concepts, methods, techniques, processes, adaptations, ideas, technical specifications, training manuals, and training and testing methods is owned by and/or licensed to switchpay and is protected under intellectual property laws.

Use or access to the Website or the switchpay social media pages shall not be construed as granting the users any rights of any nature whatever in and to the switchpay intellectual property.

Indemnity

Neither switchpay, nor any of its affiliates, nor its or their respective officers, directors, employees or professional advisors shall be liable for any loss or damage whatsoever, resulting from or arising out of use or this Website or the switchpay social media pages, including but not limited to, loss of profit, loss of business opportunity, data losses, damage to goodwill or business interruptions, howsoever caused.

Please note that the above indemnity requires you to indemnify switchpay and requires you to take on risk and liability. If you are not prepared to indemnify switchpay and accept this risk and liability, you must refrain from using or accessing the Website or the switchpay social media pages.

Accessing Your Personal Information

If you think any information we have about you is incorrect or incomplete, please or e-mail us as soon as possible on contact@switchpay.co.za. We will correct or update any information as soon as possible.