Privacy Policy

AFRICAN VIRTUAL GAS MANAGEMENT PRIVACY POLICY

READ THIS POLICY CAREFULLY BEFORE BROWSING THIS WEBSITE OR USING ANY OF THE SERVICES. YOUR CONTINUED USE OF THIS WEBSITE INDICATES THAT YOU HAVE BOTH READ AND AGREE TO THE TERMS OF THIS PRIVACY POLICY. YOU CANNOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THIS POLICY.

Introduction
1. This Privacy Policy, as found on the following page of the Website avgm.co.za/PrivacyPolicy is to be read as if specifically incorporated into the User Agreement, which is also available on the home page of the Website.
2. This Privacy Policy applies to Personal Information, financial information and data information which the Company collects from the User of the Website, both as a Browser and once the Registration Form is submitted, the Mobile Application and through direct interaction with the Company and how the Company uses, shares and protects all of the information and data collected.
3. For the purposes of this section, Personal Information will be understood in accordance with the definition provided in the Protection of Personal Information Act 4 of 2013 (“the POPI Act”). The Company also subscribes to the principles for electronically collecting personal information outlined in the POPI Act, and the further legislation referred to therein. The Company endeavours to ensure the quality, accuracy and confidentiality of Personal Information in our possession.
4. In adopting this Privacy Policy, the Company wishes to balance its legitimate business interests and the User’s reasonable expectation of privacy. Accordingly, the Company will take all reasonable steps to prevent unauthorised access to, or disclosure of the User’s Personal Information. However, it is impossible to guarantee that the User’s Personal Information shall be 100% secure.
5. By the User agreeing to the terms contained in this Privacy Policy, the User consents to the use of its Personal Information in relation to the provision and performance of the Services as well as such customer support that the User may require from time to time.
6. In the event of the User not agreeing to the terms of this Privacy Policy it will unfortunately be excluded from making use of the Services provided.
Commitment to Users
1. The Company is committed to maintaining a safe and secure operating environment for all the Users, and the Company is aware of how important it is for the User to be aware of how, when and why its Person Information is shared, and the Company assures all Users that maintaining their privacy is extremely important to us.
2. In order for the Company to provide the Users with exceptional service the Company invites any and all Users that may have any questions or concerns regarding their privacy and the management of their Personal Information to contact the Company via email at privacy@avgm.co.za.
Permitted Solicitation
1. Upon the User creating an account, completing the Registration Form or submitting a request for support the Company provides the User with an opportunity to invite their friends/contacts to use the Website as part of the Company’s referral program when the Account is created.
2. The Company allows the User’s contacts to unsubscribe from the commercial messages they receive from the Company.
Applicability of this Privacy Policy and translation of Personal Information
1. This Privacy Policy is applicable to all information that the Company collects through the Website as well as the Mobile Application managed or offered by the Company to the User.
2. Personal Information is used to describe the information which can be associated with, and identify a specific User.
3. The Company however does not include Personal Information that has been anonymised, and therefore cannot be used to identify the User as falling into the scope of Personal Information.
Collection of Personal Information and its application
1. Upon the User visiting the Website, utilising the Services and the Mobile Application, the following information shall automatically be collected:
  1. IP address;
  2. Standard web log information (including the browser type and pages accessed on the Website); and
  3. Certain geo-location information.
2. Should the User not agree to the collection of the information as set out above, then the only option is for the User to cease using/browsing the Website.
3. In the event of the User being agreeable to the Personal Information as contained in clause 1 being processed, and wishes to complete a Registration Form in order to obtain an Account, then the following Personal Information shall be required from the User:
  1. Account information, being text-enabled cellular/wireless telephone number, machine device ID and other similar information;
  2. Name and Surname;
  3. Email address;
  4. Date of Birth;
  5. Mobile phone number;
  6. Currency preference;
  7. Sex;
  8. Age;
  9. Physical address;
  10. Language;
  11. Identity Number / Passport Number / Social Security Number (or any other such form of identifying number as issued to the User by a governmental department;
4. Device Information:
  1. Mobile phone model number, brand name, IMEI, Serial Number, and apple ID if applicable;
  2. Geo-location;
  3. Time zone;
  4. Language setting;
  5. Browser type; and
  6. IP address.
5. Once the User starts using the Services, information relating to transactions, including the amount of funds associated with a transaction, the type of transaction executed, and other related information.
6. The Company will also at that point collect from your mobile device a unique ID (where your device is an iPhone we also collect the Apple-recommended CFUUID (the Core Foundation Universal Unique Identifier)).
7. Information regarding contacts in the User’s address book as found on the User’s mobile phone, which we store as one-way irreversibly hashed values.
8. At the time of the opening of the Account the Company will confirm the User’s mobile number identity by receiving a SMS or push notification. The Mobile Application may automatically read the User’s SMS or push notification for mobile number verification process.
9. By the User voluntarily providing us with this data and Personal Information the User is consenting to the Company’s use of it in accordance with this Privacy Policy.
10. In providing the Personal Information together with data to the Company the User acknowledges and agrees that same may be transferred from the Company’s current location to the offices and servers of the Company and the authorised third parties.
11. The Company will attempt to limit the types of Personal Information which it processes to be only that to which the User consented to in clause 2.4. The Company will also attempt to limit the types of Personal Information processed to only that to which the User consents to (for example, in the context of online registration, newsletters, message boards, surveys, polls, professional announcements, SMS, MMS and other mobile services), but, to the extent necessary, the User’s agreement to this Privacy Policy constitutes the User’s consent as contemplated in section 69 of the Act.
12. The User’s primary purpose in collecting Personal Information is so that it may effectively provide the User with the Service which it requires in an efficient, safe and regulated manner, making the User’s experience both on the Website and through the Service fun and trouble free.
13. The User’s Personal Information will also be used for:
  1. informing the User of changes made to the Website;
  2. developing a more direct and substantial relationship with the Users for the purposes described in this clause;
  3. developing an online user profile;
  4. understanding general user trends and patterns so that the Company can develop and support existing and ongoing marketing strategies;
  5. for security, administrative and legal purposes;
  6. process transactions and send notices about the User’s transactions or your network activity;
  7. the creation and development of market data profiles which may provide insight into market norms, practices and trends to help the Company improve our offering to the User. Such information will be compiled and retained in aggregated form, but shall not be used in any way which may comprise the identity of the User;
  8. assist in the resolution of disputes which the User may encounter, collect fees and troubleshoot problems;
  9. prevent potentially fraudulent, prohibited or illegal activities;
  10. customise, personalise, measure and improve the Services as well as the content and layout of the Website in a manner that is both pleasing and user friendly;
  11. enable the Company to send the Users updates in respect of new products and/or Services;
  12. compare information in order to ensure accuracy and verify it with third parties; and
  13. perform any other duties that may be required by the Company in law.
Correspondence with Users
1. If the User opted-in to receive information about the Service, updates and offers, the Company will use the User’s name, mobile phone number, and email address to send this information to the User. If the User no longer wish to receive these communications, the User can unsubscribe by following the instructions contained in the emails the User receive or on the Company website. Please note that the Company may send the User transactional and relationship messages, even if the User has unsubscribed from the Company’s marketing communications. For instance, if the Service is going to be temporarily suspended for maintenance, the Company might send the User an email to update the User.
Sharing of Personal Information
1. In order that Services may be performed, the Company may need to share some of the User’s Personal Information with the person that you are imbursing or who is imbursing the User. The User’s contact information, date of sign-up, the number of payments the User has received and other verification metrics like social graph activity may be provided to companies when the User transact with, on, or through the Mobile Application.
2. The Company will not disclose the User’s credit card number or bank account number to anyone the User has paid or who has paid the User through the Mobile Application, except with the User’s express permission or if the Company is required to do so at the request of Law enforcement, government officials, or other third parties, or if the Company is compelled to do so by a subpoena, court order or similar legal procedure, when it is necessary to do so to comply with law, or where the disclosure of Personal Information is reasonably necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of the Agreement, or as otherwise required by law.
3. The User’s Personal Information may be provided to a company that the Company plans to merge with or be acquired by or, in the event of any bankruptcy, a bankruptcy estate. Should such a combination occur, the Company will require that the new combined entity follow this Privacy Policy with respect to the User’s Personal Information. If the User’s Personal Information could be used contrary to this Privacy Policy, the User will receive prior notice and the opportunity to communicate preferences the User may have, if applicable.
4. Third party service providers who assist us in providing the Service to a User or who provide fraud detection or similar services on our or any vendor’s behalf.
5. Service providers under contract who help with parts of the Company’s business operations (for example, fraud prevention, payment processing, or technology services);
6. The Company’s contracts dictate that these service providers only use the User’s information in connection with the services they perform for the Company and not for their own benefit.
Information collected from Third Parties
1. The Company shall further require certain Personal Information from third parties for the purposes of processing transactions, identification verification, fraud detection and prevention as well as other similar purposes.
Protection of the Users Information
1. The Company makes all reasonable efforts to ensure security on the Company’s systems. Despite our efforts, we cannot guarantee that Personal Information may not be accessed, disclosed, altered or destroyed by breach of the Company’s administrative, managerial and technical safeguards. Therefore, the Company urges the User to take adequate precautions to protect its personal data as well including never sharing its password with anyone.
2. The Company stores and process the User’s Personal Information using third party servers located in secure data centres. This Personal Information is protected by physical, electronic and procedural safeguards in compliance with applicable international regulations. The Company also use computer safeguards such as firewalls and data encryption, the Company enforces physical access controls to its office and files, and the Company authorises access to Personal Information only for those employees who require it to fulfil their job responsibilities, and subject to reasonable confidentiality obligations binding such persons.
3. If the location of the secure database is located in a country that does not have substantially similar laws which provide for the protection of Personal Information, the Company will take the necessary steps to ensure that the User’s Personal Information is adequately protected in that jurisdiction by means of ensuring that standard data protection clauses are enforced as envisaged by the General Data Protection Regulation (EU) 2016/679 (“GDPR”)
4. If the Company learns of a systems security breach, it may attempt to notify the User electronically so that it can take appropriate protective steps. By using the Service, the User agrees that the Company may communicate with the User electronically. The Company may post a notice on the Website if a security breach occurs. The Company may also send an email to the User at the email address recorded on the Registration Form. Depending on where a User lives, you may have a legal right to receive notice of a security breach in writing. To receive free written notice of a security breach (or to withdraw consent from receiving electronic notice of a security breach) the User should notify us.
5. The User’s information will not be stored for longer than is necessary for the purposes described in the Agreement or as may be required by applicable legislation.
6. It is however imperative for the provision of the Services to be effective that the User keeps the Company updated of all changes to its Personal Information. Such changes may be effected by the User simply by logging into the Account and editing the details.
Fraud Prevention & Payment Information
1. Insofar as fraud prevention purposes are concerned, the Company may, and does, in such circumstances, reserve the right to, link a machine ID with machines of others, who utilise the same payment cards.
2. All payment information such as the Bank Account linked to the User’s account will be captured on the Registration Form. Further, the Company shall not retain payment information on behalf of Users, nor will this information be shared with any third party social networking services including but not limited to Facebook, Twitter, Instagram and the like.
3. In order for the Company to provide a secure environment within which the User may transact, the Company may require additional information from the User in order to verify its identity as well as other identifying information in order to ensure that no identification theft has taken place. This will allow for the Company to manage risk and act in a compliant manner throughout the Company’s relationship with the User.
4. The Company also monitors and collect information based on the User’s account transactions and trust relationships on the Website, as well as monitor the access device/s from which transactions are performed for the purposes of inter alia fraud prevention.
Links to other websites from our Website
1. The Website may contain links to other sites. The Company does not control the information collection of sites that can be reached through links from the website. The Company encourages the User to be aware when it is leaving the website and to read the privacy statements of any site that collects personally identifiable information.
2. Hyperlinks as provided to third party websites as provided by the Company are provided “as is”, and the Company does not necessarily agree with, edit or sponsor the content on Third Party Websites.
3. The Company does not monitor or review the content of any third party website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by the Company and the Company should not be regarded as the publisher of such opinions or material. Please be aware that the Company is not responsible for the privacy practices, privacy policies or content, of other websites, either. The Company strongly suggests that the User familiarises itself with the privacy policy as may be found on each third party website, as they may not follow the same practice as the Company does.
4. The User should evaluate the security and trustworthiness of any third party website before disclosing any personal information to them. The Company does not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from the User’s disclosure to third parties of Personal Information.
5. If the User has any questions regarding the security of a third party website insofar as security may be concerned, the Company can be contacted at info@avgm.co.za
Permitted Age of Users
1. The Company does not knowingly solicit, collect information or permit Users or representatives of Users on the Website who are under the age of majority in the relevant territory in which the User resides. For the sake of clarity, the age of majority in the Republic of South Africa is 18 (eighteen) years of age, alternatively a User who otherwise does not have the relevant capacity to be bound by this Privacy Policy, unless such User has obtained the consent of its guardian.
Log Files and other methods of collecting / storing data
1. When the User visits the Website, the Company uses third party analysis tools to collect data about the User’s computer and internet connection. That information includes:
  1. the IP address of the User’s computer and/or Internet service provider (ISP), when the User accesses the Website, the Internet address of websites from which the User links to the Website, the browser that the User is using, and the User’s movements and preferences on the Website. All of this information is used internally for the purpose of understanding how the Website is being used and improving the Website. The Company also use third party analysis tools to collect data about the User’s use of the Mobile Application. The information collected identifies the types and timing of actions the User takes within the Mobile Application, including installation, registration, uploading, and certain types of navigating. All of this information is used internally for the purpose of understanding how the Mobile Application is being used and improving them. Any individually identifiable information related to this data will never be used in any way different to that stated above, without the User’s explicit permission.
  2. Action Tags (also called pixel tags, clear GIF, or beacons) – to identify some of the pages that the User visits and how the User uses the content on those pages that the User visits and how the User uses the content on those pages. Action tags may collect and transmit this data in a manner that identifies the User if you have registered for the Services, or are logged into the Website. The Company also uses action tags in Company emails, to determine whether an email was opened to whether it was forwarded to someone else. When the User uses our Mobile Application, the Company uses action tags where the User is accessing websites from links in the Mobile Applications. These may identify the pages that the User visits how the content on those pages is used. Any individually identifiable information related to this data will never be used in any way different to that stated above, without the User’s explicit permission.
  3. Session cookies – which are used to maintain a so-called ‘session state’ and only lasts for the duration of the User’s use of the Website and allows the User to move freely between pages on the Website for that session without continually being requested to log in on a per page basis. A session cookie expires when the User closes its browser, or if the User has not visited the Website for a certain period of time. Session cookies are not used in the identification of the User, nor is any information linked to the identification of the User stored in in the Session cookie. The Company may use the data as collected through the use of the Session cookie in an anonymised fashion to tailor advertisements and ascertain the popularity of the Website. The Company’s use of Session cookies and other technologies may allow the Company and third parties to collect anonymised browsing activities over time and across different websites following our use of Services. The User is able to decline the activation of Session cookies in the event of the access browser permitting such an option. However this may interfere with the use and functionality of the Website.
  4. Do Not Track – the Company’s Service currently does not respond to “Do Not Track” signals and operates as described in this Privacy Policy whether or not a Do Not Track signal is received. If this changes in the future, the Company will describe how this is done in this Privacy Policy.
Closing of a User’s Account
1. The User is entitled to close its Account at any time. In order to facilitate this, the User is required to submit a request to info@avgm.co.za
2. The Company may retain information about the User in the databases for as long as the Account is active or as needed to provide the User Services and in accordance with applicable laws. The Company’s retention and use of the User’s information will be as necessary to comply with the Company’s legal obligations, resolve disputes, and enforce Agreements. The retention period may extend beyond the end of the User’s relationship with the Company, but it will be only as long as it is necessary for the Company to have sufficient information to respond to any issues that may arise later. For example, the Company may need or be required to retain certain information to prevent fraudulent activity, protect the Company against liability, permit the Company to pursue available remedies or limit any damages that the Company may sustain, or if the Company believes in good faith that a law, regulation, rule or guideline requires it.
Site Management
1. The aggregate data that the Company collects about the use of the Website for administering, protecting and improving the Website and systems, to better understand the preferences of Website visitors and optimise the content that the Company provides, to identify server problems, to compile aggregated statistics about Website usage, and to improve marketing and research.
Updates and Amendments
1. The Company is always improving. As the Service evolves the Company may occasionally update this Privacy Policy. If the Company modifies this Privacy Policy, it will post the revised Privacy Policy to the Website, and we will also revise the “last updated date” stated above. If the Company makes material changes in the way it uses Personal Information, it will notify the User by posting an announcement on the Website or by sending the User an e-mail. It is the User’s responsibility to periodically review this Privacy Policy. The User is bound by any changes to the Privacy Policy by using the Service after such changes have been first posted.
The User’s Rights
1. When the User provides the Company with Personal Information to complete a transaction, verify a bank card, place an order, arrange for a delivery or return a purchase, the Company implies that the User consents to the collecting of it and using it for that specific reason only.
2. If the Company asks for your Personal Information for a secondary reason, such as marketing, the Company will either ask the User directly for its express consent, or provide the User with an opportunity to say no.
3. If after the User opts-in, it changes its mind, consent may be withdrawn, at any time, by sending a request to info@avgm.co.za.
4. The User has a right of erasure of Personal Information (“right to be forgotten”) if such information is no longer needed for the original processing purpose, alternatively if the User withdraws their consent and there is no other reason or justification to retain such Personal Information, further alternatively, if the User has objected to such Personal Information being processed and there is no justified reason for the processing of such Personal Information.
5. If the Company breaches any of the terms of this Privacy Policy, the User has the right to complain to the requisite data protection authority in its territory.
6. The User has a right to object to processing of Personal Information, if such processing is based on legitimate interests.
7. If the User has questions or concerns regarding this Privacy Policy, or any feedback pertaining to privacy and the Service that you would like the Company to consider, please email privacy@avgm.co.za
Application Of The Electronic Communications And Transactions Act 25 Of 2002 (“Ect Act”)
1. Data Messages (as defined in the ECT Act) will be deemed to have been received by the Company if and when the Company responds to the Data Messages.
2. Data Messages sent by the Company to the User will be deemed to have been received by the User in terms of the provisions specified in section 23(b) of the ECT Act.
3. The User acknowledges that electronic signatures, encryption and/or authentication are not required for valid electronic communications between the User and the Company.
4. Information to be provided in terms of section 43(1) of the ECT Act:
  1. The User warrants that Data Messages sent to the Company from any electronic device, used by the User from time to time or owned by the User, were sent and or authorised by the User personally;
  2. This Website is owned and operated by African Virtual Gas Management (Pty) Ltd, (Registration Number: 2014/120072/07) a private company owned and operated in accordance with the laws of the Republic of South Africa.
5. Address for service of legal documents: Unit 3A, 12 Atlas Road, Anderbolt, Boksurg 1459
6. Contact Number: +27 11 8944397.
7. Website located at: avgm.co.za

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