Hubtiger Proprietary LimitedReg: 2018/316615/07
1. UNDERSTANDING PERSONAL INFORMATION
The processing of Personal Information shall include the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation, use; dissemination by means of transmission, distribution or making available in any other form; or merging, linking, as well as blocking, degradation, erasure or destruction of information. Hubtiger strives to ensure that the conditions set out the Act and all the measures that give effect to such conditions, are complied with when processing Personal Information. Hubtiger strives to ensure that Personal Information and Special Personal Information is processed in a manner that is lawful, adequate, relevant and not excessive given the purpose of collection.
You hereby grant consent for Strava to provide registration and other relevant information fields of your account to Hubtiger. Use of such third-party credentials to log You into Your account entails the agreement to the third-party network terms, conditions and policies.
2. PERSONAL INFORMATION COLLECTED
2.1 The Platform collects and processes information that can be used to identify You personally (“Personal Information”) that is necessary to providing, facilitating and maintaining the Hubtiger services.
2.2 We collect Personal Information from the following entities:
a) natural persons over 18;
b) Users who have signed up to use the Application;
c) Facebook or Strava for Users who wish to log into the Hubtiger Application using an existing Facebook or Strava account;
d) Data caches and logs from our internet service provider;
2.3 Personal Information collected by Hubtiger may include:
a) Name and surname;
b) Email address;
c) Age and date of birth;
e) Telephone number;
f) Location information;
g) Computer IP address
2.4. Where You register or log-in to your account by means of Facebook or Strava, You hereby grant consent for Facebook or Strava to provide registration and other relevant information fields of your account to Hubtiger. Use of such third-party credentials to log You into Your account entails the agreement to the third-party network terms, conditions and policies.
2.5 Geographic location information is only collected when your device has location settings enabled. You are permitted to use the Application without sharing Your geographic location. However, You are informed that disabling Your geographic location settings will hinder Hubtiger’s ability to provide You with the full extent of the Hubtiger services.
2.6 We may also collect Personal Information through Your access and use of the Platform and through Your participation in various activities on the Platform.
2.7 There may be instances where we may also collect some information that is not Personal Information because it does not identify You or anyone else (we may collect aggregated information about how You use our Application).
2.8 If You use our Platform, you understand that Hubtiger collects and tracks non-personal information such as mileage, gear settings and service history, routes planned and events attended. This information is required for Hubtiger to provide You with the services.
2.9 If You do not want us to collect Personal Information about You, do not submit Your Personal Information to Hubtiger.
3. PURPOSE OF COLLECTING PERSONAL INFORMATION
3.1 The primary purpose for collecting and processing Your Personal Information is to enable us to provide You access to the Platform. Hubtiger also collects and processes Your Personal Information in order:
a) to create and administer Your account;
b) to track bicycle components usage in order to provide Users with service indicators;
c)to enable cycling service providers to better understand the needs of cyclists;
d)to track cycling routes, distance and times;
e)to track incidents and alert cyclists;
f)to process and respond to any complaint made by You;
g)to assess the performance of the Hubtiger services;
h)to engage in legitimate electronic communications with You;
i)to provide feedback on any related enquiries;
j) to provide You with direct marketing material;
k) to update our records and keep Your contact details up to date;
l) to comply with any law, rule, regulation, lawful and binding determination, decision or direction of a regulator, or in co-operation with any governmental authority of any country.
3.2 We are also able to use the information collected to improve our internal technical and business processes. Measure cycling route patterns and bicycle parts usage in the aggregate, analyse trends, administer the Hubtiger service, track Users’ actions and gather broad demographic information.
4. CONSENT TO PROCESSING PERSONAL INFORMATION
4.1 By using the Platform, You hereby consent to Your Personal Information being used for the abovementioned purposes, associated purposes and to (a) update our records; (b) keep Your contact details up to date; (c) to comply with any law, rule, regulation, lawful and binding determination, decision or direction of a regulator, or co-operate with any governmental authority of any country.
4.3 Personal Information may be processed by Hubtiger in the country where it was collected as well as other countries where laws regarding processing of Personal Information differ. The consent to receive direct marketing from Hubtiger is obtained during the registration process and You consent to the receipt of direct marketing communications regarding all business activities and news.
5. HANDLING OF PERSONAL INFORMATION
5.1 Hubtiger seeks to ensure the quality, accuracy and confidentiality of Personal Information in its possession. You warrant that all Personal Information supplied by You is both true and correct at the time of provision. In the event of any aspect of Your Personal Information changing post submission, it is Your responsibility to update Your profile information either via the Platform.
5.2 You warrant that You have the authority, permissions and consent to provide Hubtiger with any third party information submitted to Hubtiger.
5.3 Hubtiger will take all reasonable measures in order to ensure Your Personal Information is appropriately safeguarded, these precautions include, but are not limited to: access control mechanisms via username and password, and software protection for information for security.
5.4 Should an unauthorised person/s gain access to Your Personal Information Hubtiger will contact You within a reasonable time to inform You of such access.
5.5 Hubtiger shares Your Personal Information with authorised third parties such as the bicycle retailers and servicing shops. Additionally Hubtiger may share aggregated personal information with Service Providers as well as internet service providers. Hubtiger does not permit these parties to use such information for any other purpose than to perform the services that Hubtiger has engaged with them to provide. All processing is compatible with such purpose.
6. RETENTION AND RESTRICTION OF RECORDS
6.1 On receipt of instructions from You, Hubtiger will destroy or delete a record of Personal Information about You which Hubtiger is no longer authorised to retain. This is subject to certain exceptions such as retaining records that Hubtiger is required by law to retain. Hubtiger is entitled to retain de-identified information for authorised or legitimate purposes.
6.2 In the event that You wish to revoke all consent pertaining to Your Personal Information and/or You would like Hubtiger to remove and/or delete Your Personal Information entirely, You should cancel your account and You may request Hubtiger to delete all of Your Personal Information by emailing email@example.com.
6.3 You expressly consent to Hubtiger retaining Your Personal Information once Your relationship with Hubtiger has been terminated for evidential purposes and using the information for aggregate, statistical and reporting purposes.
6.4 Records relating to the provision of information to and/or by You can be retained by Hubtiger in terms of legislative records retention provisions and includes Your Personal Information.
6.5 Hubtiger retains records for a period that is longer than is required by law for statistical or research purposes and You hereby consent to such retention of Personal Information.
7. UPDATING OF PERSONAL INFORMATION
7.1 You may request access to any Personal Information we hold about You at any time by sending an email to firstname.lastname@example.org.
7.2 If You believe that Personal Information we hold about You is incorrect, incomplete or inaccurate, then You may request us to amend it. We will consider if the information requires amendment. If we do not agree that there are grounds for amendment or that we cannot amend the information as required, we will retain a note about the request.
7.3 Your Account information is accessible by You at any time. You are entitled to amend, delete or add information to your Account at any time.
7.4 There may be instances where we cannot grant You access to the Personal Information we hold. We may need to refuse access if granting access would interfere with the privacy of others or if it would result in a breach of confidentiality. Should this be the case, we will give You written reasons for any refusal.
8. SHARING YOUR PERSONAL INFORMATION
8.1 Business records relating to the provision of information or the application to You can be retained by Hubtiger in terms of legislative records retention provisions and includes Your Personal Information. Records can be retained for operational purposes or for evidential purposes. Where Hubtiger shares Your Personal Information with employees and other Users, Hubtiger does not permit such parties to use the information for any other purpose than those pertaining to using, maintaining and/or running to the application.
8.2 We may disclose Your Personal Information to:
a) our employees to enable us to operate;
b) fulfil requests by You, and to otherwise provide information and services to You;
c) Service Providers to allow them to assist in the provision of products or services to You;
d) any organisation for any authorised purpose with Your express consent.
8.3 Where Hubtiger shares Your Personal Information with others, Hubtiger does not permit such parties to use the information for any other purpose than those pertaining to using, maintaining, administering and/or running the Hubtiger services.
8.4 We may further disclose Your Personal Information in the following instances:
a) To comply with the law or legal process;
b) To protect Hubtiger rights, facilities and other property;
c) To protect Hubtiger against any misuse or unauthorised use of the Platform; and
d) To protect Users or third parties affected negatively by Your action in using the Platform.
8.5 We will disclose Personal Information to our Service Providers who use software programmes and hardware devices to monitor usage in order to identify unauthorised attempts to access, upload, damage and/or alter information that it has stored.
8.6 Personal Information is stored on servers outside of South Africa. Your Personal Information may be stored on servers and be subject to different data protection laws. You hereby consent that your Personal Information may be sent cross border to be stored on such servers.
8.7 We have placed security safeguards to protect Your Personal Information through agreements concluded with third party Service Providers. We will not be held liable for any illegal activity or other activity that may result in a claim for damages due to lack of protection of Your Personal Information whilst under the care of the third party.
9. UPLOADING PERSONAL INFORMATION
9.1 If You are uploading Personal Information in connection with Your use of the Platform, You undertake that You are responsible for compliance with privacy and confidentiality regulations impacting You and hereby warrant that:
a) You have the right and/or consent to upload the Personal Information. Such consent must be given by You as it relates to Your use of the Platform.
b) You are cognisant that processing of types of Personal Information regarded as sensitive without consent is prohibited.
c) You are aware of specific purposes of collection of Your Personal Information.
d) Hubtiger’s processing of Personal Information is reasonably associated with the purpose for which it was collected and/or the consent obtained.
e) You do not object to the processing of Your Personal Information by Hubtiger.
f) You have taken reasonably practicable steps to ensure that the Personal Information is complete, accurate, not misleading and updated where necessary, taking into account the purposes for which it was collected.
g) You agree that Hubtiger will not be held liable for any illegal activity or other activity that may result in a claim for damages due to lack of protection of the Personal Information whilst under the care of third parties.
10. SECURITY OF SAFEGUARDS
10.1 We take reasonable steps to ensure that Your Personal Information is protected from misuse, loss and from unauthorised access, modification or disclosure. We cannot guarantee, however, the absolute security of Your Personal Information. Accordingly, we assume no liability for any disclosure of data due to errors in transmission, unauthorised third party access or other acts of third parties, or acts or omissions beyond our reasonable control.
10.2 We use third parties who have access to Your Personal Information and who have undertaken to protect Your Personal Information.
10.3 We will notify You via both email and cell-phone should we have cause to believe that Your Personal Information may have accessed or used in an unauthorised manner.
10.4 As our Application is linked to the internet, and the internet is inherently insecure, we cannot provide any assurance regarding the security of transmission of information You communicate to us online. We also cannot guarantee that the information You supply will not be intercepted while being transmitted over the internet. Accordingly, any Personal Information or other information which You transmit to us online is transmitted at Your own risk.
You agree to indemnify and hold Hubtiger, its officers, directors, employees, agents, licensors, suppliers and members harmless from and against any claims, damages, actions and liabilities including without limitation, loss of profits, direct, indirect, incidental, special, consequential or punitive damages arising out of reliance Your Personal Information should Your Personal Information contain any errors, inaccuracies or be irrelevant to the use of the Application.
12. DATA SUBJECT PARTICIPATION
Should You have enquiries concerning Personal Information processed by Hubtiger, You can request feedback that describes the Personal Information held by Hubtiger, and information about third parties, or categories of third parties who provide services to Hubtiger, who have, or have had, access to the information. You may request that Hubtiger correct or delete Your Personal Information in its possession or under its control that is inaccurate, irrelevant, excessive, misleading or obtained unlawfully; or destroy or delete any Personal Information that Hubtiger is no longer authorised to retain. As a User, You have access to Your Personal Information via the Application and the Website.
13.1 If You have any additional questions or concerns about our privacy practices, we invite You to contact us by email at email@example.com and we will address Your concerns to the best of our ability.
13.2 We will treat Your requests or complaints confidentially.