Privacy Policy | PlatformZA

Privacy Policy

PLATFORM ZA PRIVACY POLICY

INTRODUCTION

This Privacy Policy together with our platform end user licence agreement sets out the basis on which any Personal Information (as defined in paragraph 3.2 below) that we, Platform ZA Online Proprietary Limited, collect from you, or that you provide to us, will be used, stored and processed by us.  Any capitalised terms used in this privacy policy that are not defined in this privacy policy shall have the meaning given to such terms in our platform end user licence agreement.

Any references to “we”, “us” or “our” in this Privacy Policy shall be to Platform ZA Online Proprietary Limited and where applicable our affiliates and subsidiaries; and references to “user”, “you” or “your” in this Privacy Policy shall be to any user of this website.

OUR DETAILS

This Privacy Policy sets out the basis on which any Personal Information defined in paragraph 3.2) that we collect about you, or that you provide to us, will be used, stored and processed by us.  Please read our Privacy Policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personal Information. 

Platform ZA Online Proprietary Limited, a limited liability private company incorporated under the laws of South Africa with the registration number: 2020/484090/07 and the registered address of 94 Gazelle Avenue, Corporate Park South, Randjespark, Gauteng, 2685 is the "responsible party" for purposes of applicable data protection legislation in respect of all your Personal Information that you submit to us via the Platform ZA's Platform and/or that may be collected by us through any correspondence and/or communication with you.  Please note paragraph 10 below as it deals with Personal Information you submit to third parties.

We operate in the online musical streaming industry and offer the streaming services of artists' performances and musical festivals and events on the Platform (collectively, the "Services").

We recognize the importance of protecting your privacy in respect of Personal Information collected by us when you use the Platform.


INFORMATION WE MAY COLLECT ABOUT YOU

When you use the Platform, we may collect certain information that is not Personal Information such as your operating system, device type and make, browser type and internet service provider. This type of information does not identify you personally.

When you access the Platform, we may also collect Personal Information that you provide to us. For purposes of this Privacy Policy, "Personal Information" shall mean any information of a personal nature by which you can be identified as an individual such as your name, postal address, email address, telephone number, home country, postal code, gender, age, financial details and/or and VAT number.  

In particular, we may collect and process the following information (which may include Personal Information) about you ―

information that you provide to us and/or allow the Platform to access;

information about your device software and hardware, including the unique internet mobile equipment identity ("IMEI"), number of your mobile telephone, the unique integrated circuit card identity ("ICCID") number of your SIM cards in your device, your email address, personal internet protocol ("IP") address, mobile phone number, date and time and country of your device;

your geographic location information based on your mobile network operator's tower details, GPS (Global Positioning System) and/or WIFI communications network location;

information that we may ask you for if you report a problem with our Platform;

details of your visits to our Platform (including, but not limited to, traffic data, location data, weblogs and other communication data and the resources that you access; 

information provided by you if you contact us, or if we contact you, and we may keep a record of that correspondence;

information about you when you voluntarily register with us to receive company related alerts, complete our online information request form, complete any user surveys or feedback forms; and

your name, email address and country of residence if you would like to receive one of our newsletters or marketing materials.

The supply of your Personal Information is voluntary; however, you acknowledge that we cannot make certain Services available to you on the Platform if you do not wish to supply such Personal Information.

We use cookies to collect information about your use of our Platform (technical data). For more information about how we use cookies, please see our cookie policy below.

We may use third-party companies to monitor website traffic, which may, in some instances, store your information, including the Personal Information you submit to such third parties.

We only in very limited circumstances collect and process any special categories of Personal Information about you such as your race, ethnicity, biometric information or criminal records. Where we process special categories of Personal Information, we only do so where we have obtained your explicit consent or where such processing is necessary for purposes of carrying out our legal obligations and exercising specific rights in the field of employment and social security law, which includes for our South African data subjects, our compliance with the Broad-Based Black Economic Empowerment Act 53 of 2003. 


HOW WE COLLECT YOUR PERSONAL INFORMATION

We collect your Personal Information, so that we can provide our Services to you. We only collect as much data as we need.

We collect data in different ways on our Platform, such as when you directly give us your Personal Information. This includes when ―

you may provide certain Personal Information (such as your name, address, telephone and e-mail address) by filling in forms or by corresponding with us by e-mail or otherwise;

you register for e-mail alerts on the Platform; 

request information to be sent to you; and 

complete and submit a survey; or provide feedback to us.

When you interact with our Platform, we may automatically collect technical data about your equipment, browsing actions and patterns. Through analytics, we use anonymised aggregated data such as statistical or demographic data.

In limited circumstances, we may collect Personal Information from third parties or if publicly available such as from external services providers contracted by Platform ZA to host or maintain certain sections of this Platform. 


HOW YOUR INFORMATION IS USED

We may use the information, including the Personal Information we hold about you for the following purposes ―

to verify and keep a record of your identity;

to ensure that content from our Platform is presented in the most effective manner for you and for your computer and/or mobile device;

to provide you with the Services including without limitation access to Performances and/or Events;

to monitor and analyse the conduct on the Platform to ensure compliance with laws, reduce the likelihood of fraud and other risk-prevention purposes;

in aggregate form, for internal business purposes such as generating statistics and developing our strategic and marketing plans;

to provide you with information on our Platform that you request from us and/or to contact you about products and Services that you request from us or to market our products and Services which we feel may interest you, where you have consented to be contacted for such purposes;

to carry out statistical and marketing research and for forecasting;

to allow you to participate in interactive features of our Platform, when you choose to do so;

to carry out any contracts that may form between us;

to generate reports and conduct statistical analysis about the calls you make using the Platform;

to respond to any queries, you make; 

to notify you about changes to our Platform and/or Services; and

to improve the Services, we offer – for example you may be asked to complete one of our online surveys.

We may use information provided by you to ―

enforce agreements and terms and conditions between us, monitor user activity, and more effectively manage traffic on the Platform; 

provide customer services; and 

assist you with technical difficulties.  

We will only use your Personal Information for the purposes set out above, in accordance with our Platform, as instructed by you and otherwise in accordance with this Privacy Policy, or where we are required or authorised by law to disclose your information to others, or have your permission to do so.


WHAT ARE LAWFUL GROUNDS THAT WE RELY ON TO PROCESS YOUR PERSONAL INFORMATION?

When we process, collect or store your Personal Information, we do so on the following bases ―

where it is necessary to process your Personal Information in connection with the performance of a contract that we have with you; 

where we are required to use your Personal Information to comply with our legal obligations,  a request from a regulator or court of law or otherwise permitted by law; 

to pursue our legitimate interest provided that we only use your Personal Information to pursue our legitimate interests where your interests and fundamental rights or freedoms do not override those interests; and

for any other purpose that you have agreed with us where you have given your explicit consent for specific forms of processing of your Personal Information, which consent you may decline or revoke at any time.

We will only use your Personal Information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your Personal Information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your Personal Information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.


SHARING OF YOUR PERSONAL INFORMATION 

We will not use your Personal Information for any purpose (other than as stated in paragraph 5 above) without your consent.  We will not use or disclose your Personal Information to third parties without your consent, unless the use or disclosure is ―

required in order to comply with applicable law, order of court or legal process served on Platform ZA; and/or

disclosure is necessary to protect and defend the rights or property of Platform ZA.

We will be entitled to disclose your Personal Information to our affiliates, agents, advisors, employees and/or third-party service providers and suppliers (including payment providers) who assist us to interact with you via our Platform, mobile communications and/or email, and thus need to know your Personal Information in order to assist us and to communicate with you properly and efficiently. We will ensure that all such employees and/or third-party service providers having access to your Personal Information are bound by appropriate and legally binding confidentiality and non-use obligations in relation to your Personal Information. 

We may also provide information to third party service providers who process information on our behalf to help run some of our internal business operations including email distribution, IT services and customer services.

You understand that we may disclose or share Personal Information with third parties as outlined above to operate the Platform and render our Services.  If you are concerned about these arrangements, you should not use the Platform.

On rare occasions, we may be required to disclose your Personal Information due to legal or regulatory requirements.  In such instances, we reserve the right to disclose your Personal Information as required in order to comply with our legal obligations, including but not limited to complying with court orders, warrants, subpoenas, service of process requirements or discovery requests.

We may also disclose data about our users to law enforcement officers or others, in the good faith belief that such disclosure is reasonably necessary to enforce this Privacy Policy, respond to claims that any content violates the rights of third-parties; or protect the rights, property, or our personal safety or the personal safety of our employees, clients or the general public.


PROTECTION AND RETENTION OF YOUR PERSONAL INFORMATION

We recognize that protecting your privacy is important to you.  For this reason, we are committed to protecting the Personal Information you provide in a variety of ways.

We will ―

treat your Personal Information as strictly confidential;

take appropriate legal, technical and organizational measures to ensure that your Personal Information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;

where legally required,  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 Privacy 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 required, unless we are required by law to do so, or you consent to us retaining such information for a longer period.  Where your information is no longer required, we will ensure it is disposed of in a secure manner and, where required by applicable law we will notify you when such information has been disposed of.

We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach or unauthorised disclosure where we are legally required to do so.

We will do our best to protect your Personal Information, and we will use technology that will help us to do this, however, the transmission of information via the Internet is not completely secure and we cannot guarantee the security of your information transmitted to our Platform.  Any transmission of your information on the Platform is entirely at your own risk.  Once your information is received by the Platform, we and/or our third party service providers shall use strict procedures and security features to try and prevent unauthorised access. 


COOKIES AND OTHER INFORMATION

We may collect information about your computer, including where available, your operating system, browser type, third-party software installed on your device, installation and uninstallation rates, the language of your device and computers manufacturer, screen size and model of the device and any other technical information for system administration and to report aggregate information to our advertisers. This statistical data about our users' browsing actions and patterns is derived from your Personal Information but is not considered Personal Information in law as does not identify any individual.

We may use cookies to manage our users’ sessions and to store preferences, tracking information, and language selection. "Cookies" are small text files transferred by a web server to your hard drive and thereafter stored on your computer. The types of information a Cookie collects include the date and time you visited the Platform, your browsing history, your preferences, and your username. 

In some instances, our third-party service providers may use Cookies on the Platform. We cannot control, or access Cookies used by third-party service providers. This Privacy Policy covers only Cookies used by us, and not any Cookies used by third parties.

Cookies enable us to ―

estimate our Platform's audience size and usage pattern;

store information about your preferences, which allows us to customize the Platform according to your individual interests;

speed up your searches; and

recognize you when you return to the Platform.

You have the ability to either accept or decline the use of Cookies on your computer, whether you are registered with us or not. Typically, you can configure your browser to not accept Cookies. However, declining the use of Cookies may limit your access to certain features of the Platform. For example, you may have difficulty using certain interactive features of the Platform. If you want to learn more about how to disable and delete cookies, please visit www.allaboutcookies.org.


THIRD-PARTy Links

We may use third-party service providers to monitor our users’ interests. In addition, the Platform may occasionally contain links to third-party websites. If you click on the links to third-party websites, you leave the Platform. 

We are not responsible for the content of these third-party websites or for the security of your Personal Information when you use the third-party websites. These third-party service providers and third-party websites may have their own privacy policies governing the storage and retention of your Personal Information that you may be subject to. They may also collect information that is not Personal Information such as your browser specification, or operating system. 

This Privacy Policy does not govern Personal Information provided to, stored on, or used by these third-party providers and third-party websites. We recommend that when you enter a third party's website, you review its privacy policy as it relates to how such third parties collect, process, store and protect your Personal Information. 

You agree that we are not liable for any of the following ―

the content, security, operation, use, accuracy or completeness of any such third-party websites; or the products or services that may be offered or obtained through them; or the accuracy, completeness, or reliability of any information obtained from a third-party website; 

the ownership or right of use of any licensor of any software provided through any third-party website; 

any content featured on a third-party website that are accessed through the links found on the Platform; and/or

any failure or problem that affects the products or services of a third-party website, for example any telecommunication service provider, internet service provider, electricity supplier, local or other authority.


YOUR RIGHTS IN RELATION TO OUR USE OF YOUR PERSONAL DATA

Subject to certain exceptions and your jurisdiction, you have rights under the relevant data protection law in relation to our use of your personal data including the right to ―

review, request access or copies of your Personal Information which is within our custody and control together with details about how we use that information.  If you think any of the Personal Information that we hold about you is inaccurate, you may also request us to correct or rectify it;

in certain circumstances, to require us to stop processing your Personal Information;

to request that we delete or erase Personal Information in certain circumstances (such as in accordance with local data retention legal obligations);

withdraw any consent to processing that you have given us and prevent further processing if there is no other legitimate ground upon which we can process your Personal Information; 

restrict processing: you can require certain Personal Information to be marked as restricted for processing in certain circumstances; 

object to automated decision-making, including profiling; and 

lodge a complaint with the Information Regulator whose physical address is 33 Hoofd Street Forum III, 3rd Floor Braampark, Braamfontein, Johannesburg, South Africa or email inforeg@justice.gov.za. 

In relation to all of these rights, please email us at support@platformza.tv below. Please note that we may, where permitted under applicable law, charge a small administrative fee and/or request proof of identity.  We will respond to your requests within all applicable timeframes.

In certain circumstances (for example where required or permitted by law), we might not be able to provide you with access to some of your Personal Information, but where appropriate we will notify you of the reasons for this.

You may request access to the Personal Information that we collect about you by sending an email to us atsupport@platformza.tv


GENERAL

You warrant that all information (including Personal Information) that you provide to us is accurate, truthful and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.  Failure to adhere to this requirement will entitle Platform ZA, among other things, to terminate your use of the Platform. 

You acknowledge that we may verify your identity and your Personal Information through an automated email verification process and/or with third party service providers.

If this Privacy Policy or any provision in this Privacy Policy is regulated by or subject to the Protection of Personal Information Act, No. 4 of 2013 or other data protection legislation it is not intended that any provision of this Privacy Policy contravenes any provision of these data protection legislations.  Therefore, all provisions of this Privacy Policy must be treated as being qualified, to the extent necessary, to ensure that the provisions of these data protection legislation are complied with.


INTERNATIONAL DATA TRANSFERS 

We are a South African company but we may, from time to time, transfer, store or host your Personal Information on servers outside of South Africa. Should your Personal Information be transferred outside of South Africa, we will at all times ensure that appropriate security safeguards are in place to secure, protect such Personal Information and take measures to ensure that Personal Information handled will receive at least the level of protection as required by all applicable laws.


CHANGES TO OUR PRIVACY POLICY

We reserve the right to change this Privacy Policy from time to time, and in our sole discretion.  We may send you a notice regarding material changes to this Privacy Policy, but we encourage you to frequently check this Privacy Policy for any changes.  Your continued use of the Platform after any change in this Privacy Policy will constitute your acceptance of such changes.


CHILDREN

The site is not intended for children and we do not knowingly or intend to collect Personal Information of children. If you are under the age of 18 (eighteen) years old do not use our Platform without the consent of your legal guardian.


HOW TO CONTACT US

Any questions, comments and requests you may have regarding this Privacy Policy are welcomed.  If you have any questions, comments and requests about this Privacy Policy, please contact us at support@platformza.tv with "Privacy Policy" in the subject line. 

Last updated on 05 AUGUST 2020.