User Agreement

AGREEMENT AND CONSENT DECLARATION


Updated: 2 June 2021


This policy governs the privacy and treatment of user data by getlion (Pty) Ltd with respect to the getlion mobile application. By using the getlion mobile application, you hereby declare and confirm that as the user (being a person or business) who is providing information, agree and understand that any and/or all information processed and/or given to getlion is provided in terms of the stipulated terms and conditions below and as provided for in this agreement and consent declaration.


GETLION (PTY) LTD

  1. INTERPRETATION

    1. In this Agreement, unless inconsistent with or otherwise indicated by the context –
      1. “This Agreement” means the Agreement contained in this document;
      2. “Direct marketing” means to approach a user, either in person or by mail or electronic communication got the direct or indirect purpose of promoting or offering to supply, in the ordinary course of business, any goods or services to the user;
      3. "Funder" means a company who receives personal information from getlion to potentially provide the user with financing products and/or services;
      4. “getlion” means GETLION (Pty) Ltd, trading as “getlion”, registration number 2020/189642/07, a company registered in South Africa;
      5. "Marketplace" means the platform whereby users, either being users registered with the mobile application and/or members of the public, enter into online transactions with one another to buy and sell goods and/or services;
      6. “Mobile application” means the getlion mobile application;
      7. "Funding Portal" refers to a portal where a User is matched with a funder, to assist the User and establish which financing products match the User's unique needs;
      8. “Personal information” means personal information as defined in the Protection of Personal Information Act, 4 of 2013 and includes but is not limited to:
        1. 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;
        2. information relating to the education or the medical, financial, criminal or employment history of the person;
        3. any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person;
        4. the biometric information of the person;
        5. the personal opinions, views or preferences of the person;
        6. 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;
        7. the views or opinions of another individual about the person; and
        8. 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.
      9. “Processing” means any operation or activity or any set of operations, whether or not by automatic means, concerning personal or any information, including but not limited to:
        1. the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use;
        2. dissemination by means of transmission, distribution or making available in any other form; or
        3. merging, linking, as well as restriction, degradation, erasure or destruction of information.
      10. “POPIA” means the Protection of Personal Information Act 4 of 2013 as amended from time to time;
      11. “Third party payment provider” means a service provider which processes payments for Users within the mobile application marketplace;
      12. “Special personal information” means any information related to a user's ethnicity, gender, religious or other beliefs, political opinions, membership of a trade union, sexual orientation, medical history, offences committed or alleged to have been committed by that individual, biometric details, and children's details.
      13. “Third party service provider” means service providers as per Annexure “A”, which service providers may change from time to time
      14. “User” means the person/business to whom personal information and related details relates.
  2. INTRODUCTION

    1. getlion is committed to protecting our user’s privacy and recognises that it needs to comply with statutory requirements in processing personal information.
    2. The mobile application seeks to solve problems for users by giving users who are entrepreneurs access to a number of services ranging from securing business finance, a platform to sell their goods or services online, a comprehensive learning tools for starting a business, an in-app rewards program, and third-party services/expertise and tools to effectively manage and grow a user’s business.
  3. INFORMATION WE COLLECT

    1. In order to ensure efficient use of the mobile application, getlion may require users to directly provide getlion with personal information which includes, but is not limited to: a user’s name, gender, identity number, address, company name and registration number, VAT number (optional), tax number, business contact details (physical address, business mobile details, business email and website and social media handle), compliance related information (such as credit score and B-BBEE Level). We may also require users to upload - via the app - documentation to substantiate/verify the legitimacy of the information provided. Any additional information pertaining to, but not limited to log data collected, links to other sites and cookies as outlined below.
    2. Special personal information will only be processed in line with the provisions set out under POPIA and in accordance with instructions set out by the information Officer from time to time.
  4. PURPOSE

    1. This personal information will be required by getlion for the following purposes:
      1. to identify users and to register user’s for inclusion in getlion’s service;
      2. to fulfil a user’s request;
      3. to communicate with users if getlion needs to obtain or provide additional information; to confirm the accuracy of our records; or to contact users regarding customer satisfaction surveys;
      4. in relation to the ordering, purchase and delivery of products and services;
      5. for direct marketing purposes i.e. to specifically contact users regarding current or new products or services or any other products or news offered by getlion (unless users have opted out from receiving marketing material from getlion by following the unsubscribe link or instructions provided in any email getlion sends);
      6. to inform users of new features, special offers and promotional competitions offered by getlion and to contact users with marketing that may be of interest to clients (unless users have opted out from receiving marketing material from getlion by following the unsubscribe link or instructions provided in any email getlion sends);
      7. for rewards programme partners to access discounts and offers;
      8. to improve getlion’s products, services and user’s selection and the user’s experience on getlion’s website and/or mobile application by, for example, monitoring the user’s browsing habits, or tracking the user’s sales on the website and/or mobile application;
      9. for audit and record keeping purposes;
      10. to collect information that a user’s browser sends whenever a user visits getlion’s mobile application or uses the mobile application to access third party websites belonging to getlion partners. This log data may include information such as a user’s computer's internet protocol, address, browser type, browser version, the pages of getlion’s service (or partner’s service) that a user visits, the time and date of a user’s visit, the time spent on those pages and other statistics. In addition, getlion may use third party services such as Google Analytics that may collect, monitor and analyse this type of information in order to increase getlion’s service's functionality. ;
      11. to gather specific technical data, such as the operating system and browser version;
      12. to disclose to any employee of getlion and/or third-party service providers (who getlion may employ or partner with) and/or third party payment providers to provide the service on getlion's behalf and assist getlion in interactions with users for the following purposes:
        1. for the ordering of products or services and thus require the user’s personal information to assist getlion to interact with users properly and efficiently;
        2. to facilitate online transactions between buyers and sellers within the getlion marketplace. This allows buyers and sellers to sell and purchase goods and/or services and includes the involvement of a Third Party Payment Provider, who will be responsible for executing the payment of the online transaction between the Users(Users are required to read and familiarise themselves with the Terms and Conditions relating to the marketplace, as well as the Product Listing Policy);
        3. to provide the User with general information regarding potential business investment and funding opportunities and specifically to match the users requirements to the funders' products offered and refers such users to the relevent funders, based on the matching process(The Origination Agreement and the Data Processing Agreements entered into between getlion and ProfitShare Partners are available on the getlion mobile app (funding portal) for more information);
        4. to help with parts of getlion’s business operations (marketing, technology services, legal services etc) and who perform service related services or to assist how our services are used;
        5. for “interactive pop-up” voluntary surveys. getlion uses the information collected in the survey, in conjunction with information gathered through cookies and code, in order to provide users with a comprehensive understanding of its target market.
      13. when the use or disclosure of such information is required in order to comply with any applicable law, government official, subpoena, order of court or legal process served on getlion, or to protect and defend getlion’s rights or property.
    2. In the event that the user’s personal information is processed for any other purpose other than that mentioned above, the user will be informed accordingly.
  5. DATA PROTECTION PRINCIPLES AND OBJECTIVES

    1. Any employee or third-party service providers (who getlion may employ or partner with) and/or third party payment providers who process personal information belonging to a user on behalf of getlion, shall comply with all the provisions of POPIA, including the 8 data protection conditions set out under section 4 of POPIA, which are as follows:
      1. Personal information shall be obtained and processed fairly and lawfully;
      2. Personal information shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes, unless specific consent to do so has been obtained;
      3. Personal information shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed;
      4. Personal information shall be accurate and, where necessary, kept up to date;
      5. Personal information processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes;
      6. Personal information shall be processed in accordance with the rights of user under POPIA;
      7. Appropriate technical and organisational safeguards and measures must be put in place to protect and guard against unauthorised or unlawful processing of personal information and against accidental loss or destruction of, or damage to, personal information;
      8. Personal information shall not be transferred outside South Africa to another country unless that country has similar data privacy laws to those set out under POPIA in place, or the person / organisation to whom the personal information is being transferred provides a written undertaking to apply the principles set out under POPIA to the processing of the personal information.
  6. PROVIDING THE INFORMATION

    1. The user is required to provide the information voluntarily and understands that same is mandatory for the purposes as outlines in paragraphs 4 and its subparagraphs above.
  7. ACCESS AND RIGHT TO AMEND

    1. Users have a right to access their information and/or request getlion to provide them with access to their personal information to view and/or update personal details;
    2. Users also have the right to request getlion to provide the user with details of his/her/its personal information which getlion holds and/or the purpose for which it has been used;
    3. In the event that a user’s personal information changes, a user will be required to inform getlion and provide getlion with their updated information within 5 days to enable getlion to update the user’s personal information
  8. RIGHT TO OBJECT

    1. A user has the right to object at any time, on reasonable grounds to their personal information being processed. Upon receipt of a user’s objection, getlion will not process any personal information until such time as the objection has been resolved.
    2. If the user is not satisfied with such process, the user has the right to lodge a complaint with the Information Regulator.
  9. ACCURACY OF INFORMATION AND ONUS

    1. POPIA requires that all user’s personal information and related details as supplied, are complete, accurate and up-to-date.
    2. While the getlion will always use its best endeavours to ensure that the user’s personal information is reliable, it will be the user’s responsibility to advise getlion of any changes to the user’s personal information, as and when these may occur.
  10. RETENTION AND DESTRUCTION OF INFORMATION

    1. The user’s personal information will be stored electronically in a centralised database, which, for operational reasons, will be accessible to all within getlion on a need to know and business basis;
    2. All personal information which the user provides to getlion, will be held and/or stored securely. In this regard getlion undertakes to conduct regular audits in respect of the safety and the security of the user’s personal information;
    3. As and when the user’s personal information is no longer required, due to the fact that the purpose for which the personal information was held has come to an end and expired, such personal information will be safely and securely archived;
    4. getlion will not keep the user’s personal information for longer than the period for which it was originally required, unless getlion is prescribed by law to do so, or users consent to getlion retaining such information for a longer period. Once the personal information is no longer required and/or a user terminates his/her account with gelion and/or the app is permanently deleted for use by the user, then a user’s personal information will be safely and securely archived for a period of five (5) years for historical, statistical or research purposes. Thereafter, all personal information will be permanently deleted or deleted or deidentified as soon as reasonably practical.
  11. SHARING OF INFORMATION

    The personal information of a user is processed with employees and/or partners with whom getlion is affiliated.

    getlion will not sell, trade, or other transfer to outside parties, a user’s personally identifiable information, other than as set out in this Agreement. getlion may also release a user’s information when getlion believes that the release is appropriate to comply with the law, enforce site policies, or protects getlion or others rights, property or safety.

    If a user provides information to getlion with a view to it being read, copied, downloaded or used by a third party (being an employee or partner of getlion) , then getlion is hereby authorised to share that information with that third party insofar as such third party is required to have access to the users personal information to perform services for the specific purpose as outlined in this Agreement.

    getlion undertakes to confirm with such third party that it has proper privacy policies in place to ensure that the user’s personal information is appropriately secured and is kept confidential. Upon confirming same by getlion, and in the event that the third party uses the information for any other purpose other than as is outlined in this Agreement, getlion accepts no responsibility for the processing of the user’s personal information by the third party and will not be held liable for same.

    Furthermore, in the event that the mobile application directs a user via a link to a site or page of another company, getlion is not responsible for the content of such a site nor the processing of such personal information. geltion encourages their users to read the privacy policy of such a company and ensure the user is aware of the personal information being supplied to such third party.

  12. STORAGE OF INFORMATION AND INTERNATIONAL TRANSFER

    1. The user’s personal information, is stored at getlion’s hosting provider which is located outside of the the borders of South Africa. which is located outside the borders of South Africa. A user’s information may be transferred to — and maintained on — computers located outside of a user’s state, province, country or other governmental jurisdiction.
    2. If a user is located outside South Africa and chooses to provide information to getlion, please note that the personal information is transferred to South Africa and processed there. A user’s consent to this agreement followed by a user’s submission of such information represents their agreement to that transfer.
  13. MINORS' PRIVACY

    getlion’s service does not address anyone under the age of 18.

    getlion does not knowingly collect personally identifiable information from anyone under 18. If a parent or guardian of a user is aware that their child has provided getlion with personal information, please contact getlion. If getlion becomes aware that we have collected personal information from an individual under the age 18 without verification of parental consent, getlion will take steps to immediately remove that information from our servers.

  14. BUSINESS TRANSACTION

    If getlion is involved in a merger, acquisition or asset sale, a user’s personal information may be transferred. getlion will provide notice before a user’s personal information is transferred and becomes subject to a different Agreement.

  15. CONFIDENTIALITY AND SECURITY

    1. getlion undertakes to treat a user’s personal information in its possession as confidential and shall not disclose it to outside third parties other than as set out in this Agreement;
    2. getlion undertakes that it shall secure the integrity of the personal information in its possession or under its control by taking appropriate, reasonable technical and organisational measures to prevent:
      1. loss of, or damage to, or unauthorised destruction of the personal information;
      2. unlawful access to, or processing of, the personal Information.
    3. getlion further undertakes to ensure that it provides adequate protection for a user’s personal information and will continue to review its security controls and measures on an on-going basis to ensure the protection of our user’s personal information.
    4. If a user wishes us to remove identifiable information from the getlion platform after termination of their account, a user may contact getlion at  hello@getlion.co.za. For security, getlion will also take reasonable steps to verify a user’s identity prior to making any changes to getlion’s records.
  16. CONSEQUENCES OF WITHHOLDING CONSENT OR PERSONAL INFORMATION

    In the event that the user refuses to provide getlion with the required consent and/ or his/ her /its personal information, which is required by getlion for the purposes indicated above, then getlion will be unable to engage with the user or enter into any agreement or relationship with the user and the user will not be able to utilise the app.

  17. CHANGES TO THIS AGREEMENT

    getlion reserves the right to amend this Agreement at any time. All amendments to this Agreement will be posted on the mobile application. Unless otherwise stated, the current version shall supersede and replace all previous versions of this Agreement.

  18. COMPLAINTS

    1. If users have any queries about this Agreement, require additional information about their personal information and/or the privacy thereof, require access to their personal information or wish to withdraw consent please contact Getlion at or via email at hello@getlion.co.za
    2. getlion has appointed an Information Officer who has been tasked with the primary responsibility for compliance with POPIA. The Information Officer may be contacted on the details provided below.
    3. A user also the right to address any complaints to the Personal Information Regulator.

Declaration and Informed Consent

By using the getlion mobile application, users consent to the processing of their personal information as set out in this Agreement.

getlion will not, subject to the consent obtained, process a user’s personal information for any purpose other than as set out in this Agreement, without the user’s express consent.


Declaration by the user:

I declare that all personal information provided to getlion is accurate, up-to-date, is not misleading and that it is complete in all respects.

I furthermore give getlion permission to process my personal information, as provided above, and acknowledge that I understand the purpose(s) for which it is required and for which it will be used.

I declare that I have perused this agreement and consent thereof. By consenting, I have stated so in the form prescribed on the mobile application which confirms that I have read the terms provided in this Agreement herein.


For further information, contact:

(Name of Information Officer): Mathew Marsden

(Email): hello@getlion.co.za


ANNEXURE “A” – THIRD PARTY SERVICE PROVIDERS


getlion is pleased to announce their collaborative partnerships with the service providers listed below for the purposes of processing the users personal information as outlined in User and Consent Declaration Agreement (paragraph 4.1.12).

**Please note that the listed service providers may change from time to time. Users may at any time have access to view the names of the listed service providers, which is available on the mobile application.

The following service providers have been listed as “third party service providers” and partners of getlion:

  1. Profit Share Partners
  2. Zapper
  3. Ozow
  4. Yoco
  5. NetFlorist
  6. ProcureSense
  7. TaxTim
  8. MacRobert Attorneys
  9. Black Umbrellas
  10. Mail Blaze
  11. GoDaddy
  12. Africa118
  13. Codehesion
  14. CPB
  15. Iridium
  16. Shopify
  17. Picup
  18. SweepSouth
  19. Bizportal
  20. Giraffe
  21. HelloHr
  22. BlueCabinSEO
  23. OfficeBox
  24. SAICA ESD
  25. HeavyChef
  26. NSBC
  27. Workshop17
  28. Animatix (Covid support automation)
  29. Superbalist
  30. Bolt
  31. SearchKings Africa
  32. SMEasy
  33. SimpliConnect
  34. PartnerStack
  35. IconoSquare
  36. Clearscore
  37. Evernote
  38. Monday.com