Thank you for your interest in this Privacy Policy, and welcome to SpruceBuddy our iOS and Android mobile application (our “App”)! This policy is intended to inform the users of our App about the nature, scope, and purpose of the collection and use of personal data by us.
WHO IS THE DATA CONTROLLER?
A “data controller” is a person or organisation who alone or jointly determines the purposes for which, and the manner in which any personal data is, or is likely to be, processed. In this sense, E.T.Trading of 91 Noordrand Rd, Kempton Park, Gauteng, South Africa (“SpruceBuddy”, “we”, “us”, or “our”) is the data controller. If you have any questions about this policy or about data protection at SpruceBuddy in general, you can contact us by email using support@sprucebuddy.com with “Data Protection” in the subject line.
WHAT IS PERSONAL DATA?
Personal Data is information that makes it possible to identify a natural person. This includes, in particular, your name, date of birth, address, telephone number, e-mail address, but also your IP address. Anonymous data exists if no personal reference to the user can be made.
WHAT IS PROCESSING?
"Processing" means and covers virtually any handling of data.
WHAT LAW APPLIES?
We will only use your Personal Data in accordance with South Africa's Protection of Personal Information Act (“POPIA”), the EU's General Data Protection Regulation (“GDPR”), and of course only as described in this Privacy Policy.
WHAT IS SPECIAL CATEGORY DATA?
Special category data is Personal Data that needs more protection because it is sensitive. This includes Personal Data that, among others, concerns your health. In order to lawfully process Special Category Data, it is necessary to consent to the processing.
WHAT ARE THE LEGAL BASES FOR PROCESSING YOUR DATA?
We have to have at least one of the following legal bases to process your Personal Data: a) you have given your consent; b) the data is necessary for the fulfilment of a contract/pre-contractual measures; c) the data is necessary for the fulfilment of a legal obligation; or d) the data is necessary to protect our legitimate interests, provided that your interests are not overridden.
WHAT PERSONAL DATA DO WE COLLECT FROM YOU?
We may collect and process the following Personal Data about you:
a) Personal Data that you give us:
This is information about you that you give to us. It may include, for example, your name, email address, and phone number when you contact us. The legal basis is the initiation of a contract with you and your consent.
We also process the Personal Data when you create an account in order to be able to provide you access to our Services. The Data you submit typically includes your name, email address, phone number, password and your user category such as User, Business or Service Provider incl. service provider type. The legal basis is the initiation of a contract with you and your consent.
We may collect and process information about your location (from your address) and the time the location information is recorded to provide the services with location-based information and features. Some of these services require your Personal Data for the feature to work, and we may associate location data with your device ID, IP address, and/or other information we hold about you.
As a registered user, you have the opportunity to create a user profile with just a few clicks and details, and the relevant profile data you provide will be posted on your profile. Of course, you can change or remove the information or delete your profile at any time via the settings in your profile. You have choices about the information on your profile. Please do not post or add Personal Data to your profile that you would not want to be available. The legal basis for the processing of your Personal Data is the establishment and implementation of the user contract for the use of our Services.
If you wish to use our App and its features, we process the Personal Data and Content you voluntarily provide for the purpose of providing your App. Depending on how you use our App (User, Partner or AffiliateUser, Business or Service Provider), you may provide Content such as text, images, video, etc. and upload Personal Data.
While we need certain Personal Data to allow you to use our App, your Personal Data is never shared without a lawful reason. However, Content uploaded by will be made available and may be viewed and otherwise accessed by others. In turn, we may process:
Content Data includes photos, videos, text messages, or other digital content you create, broadcast, perform, or upload on our App and information about the content you create, broadcast, perform, or upload, including metadata that is provided with that Content. Please remember that Content Data that you transmit may reveal Personal Data about yourself as well, including identifying information about yourself depicted in any photos or videos.
Content Data you provide may also be considered “sensitive”. This includes data that could cause harm to an individual or company if released. By choosing to provide this data, you consent to our processing of that data. You have choices about the data you provide and how you share it. Please do not share information that you would not want to be available. The legal basis for the processing of your Data is the establishment and implementation of the user contract for the use of the service as well as your consent.
We also process both Personal Data and Special Category Data you provide during your use of our App (“Service Data”), in order to be able to provide you access to and use of our App. For this purpose, all Service Data processed by us will be processed on your behalf, and we become your Data Processor. Doing so we provide you complete control of your Service Data by providing you the ability to (i) access your Service Data, (ii) share your Service Data through supported third-party integrations, and (iii) request export or deletion of your Service Data and take appropriate legal precautions and corresponding technical and organisational measures to ensure the protection of your Service Data. For further information, please also refer to our Data Processing Addendum.
In providing our App and publishing your Service Data, including video and images, we may also process images and facial-related information from our users. Images and facial-related information are used and processed solely for the purpose explicitly consented to, and we do not collect, use, or store any images and facial-related information for the purpose of recognising faces outside of this purpose. The legal basis is your consent.
Of course, we also process your chats and communications with other users, as well as the content you may provide to others through our App as you interact with them.
We also collect information about your activities on our App, such as your requirments, notes you attach to bookings, availability, booking details, booking dates, etc.; how you use our App (e.g., the date and time you logged in; features you used; searches you performed; clicks and pages you were shown; content you clicked on); and how you interact with other users (e.g., users you connect and interact with; the time and date of your exchanges).
If you create a support ticket, we will request Personal Data and, where applicable, Special Category Data in accordance with your request; this may include your name, email address, and other booking-related data you voluntarily provide. If you submit a support ticket, we process the data for the purpose of processing and handling your ticket. Our employees will also have access to data that you knowingly share with us for technical support or to import data into our services. We communicate our privacy and security guidelines to our employees and enforce privacy safeguards strictly. The legal basis of the data processing is our obligation to fulfil the contract and/or our legitimate interest in processing your support ticket.
Finally, if you are providing us with Personal Data relating to a third party, you agree a) that you have in place all necessary appropriate consents and b) that such third party has read this Privacy Policy. You agree to indemnify us in relation to all and any liabilities, penalties, fines, awards, or costs arising from your non-compliance with these requirements.
The legal basis for providing the above is the fulfilment of the user contract for the use of the App as well as your consent.
We also collect, use, and share aggregated data, such as statistical or demographic data, for any purpose, including improving our App and services. Aggregated data could be derived from your Personal Data but is not considered Personal Data in law as this data will not directly or indirectly reveal your identity. However, if we combine or connect aggregated data with your Personal Data so that it can directly or indirectly identify you, we treat the combined data as Personal Data which will be used in accordance with this Privacy Policy.
For optimal data management and customer support, we store the data related to your contract with us in our proprietary customer relationship management system (“CRM”). This data processing is based on our legitimate interest in providing our customer service (contract).
Likewise, we may also send you system notifications and messages per email or SMS. Those typically include general, profile, and content information in relation to your use of our App. The legal bases are our legitimate interest and providing our services (contract). Our service providers used in this context are Clickatell and Brevo (formerly Sendinblue).
If you make a purchase or request a payout, your payment data will be processed via our payment service provider Paystack. Payment data will solely be processed through Paystack, and we have no access to any payment data you may submit.
We process data in the context of administrative tasks as well as organisation of our data, business, and compliance with legal obligations, such as archiving. In this regard, we process the same data that we process in the course of providing our contractual services. The processing bases are our legal obligations and our legitimate interest.
Lastly, we use your data (name and email) within the legally permissible scope for marketing purposes, e.g., to draw your attention to special promotions and discount offers. In addition, we may draw your attention to comparable offers by email, e.g., we may inform you about exclusive promotions or special events. The legal basis for processing is our legitimate interest.
b) Personal Data that our App collects about you:
The App can be downloaded from the “Google Playstore'' a service offered by Google LLC, or the Apple App service “App Store” a service of Apple Inc., to install our App. Downloading it may require prior registration with the respective App store and/or installation of the respective App store software.
As far as we are aware, Google collects and processes the following data: license check, network access, network connection, WLAN connections, and location information. However, it cannot be ruled out that Google also transmits the information to a server in a third country. We cannot influence which Personal Data Google processes with your registration and the provision of downloads in the respective App store and App store software. The responsible party in this respect is solely Google as the operator of the Google Play Store.
As far as we are aware, Apple collects and processes the following data: device identifiers, IP addresses, and location information. It cannot be excluded that Apple also transmits the information to a server in a third country. We cannot influence which Personal Data Apple processes with your registration and the provision of downloads in the respective app store and app store software. The responsible party in this respect is solely Apple as the operator of the Apple App Store.
Google and Apple may collect information from and about the device(s) you use to access our App, including hardware and software information such as IP address, device ID and type, device-specific and App settings and properties, App crashes, advertising IDs (AAID), information about your wireless and mobile network connection, such as your service provider and signal strength, and information about device sensors such as accelerometer, gyroscope, and compass.
We may request permission to store your App data including your Internet Connection and Network, Push Notifications, Gallery, Camera and Location. The legal basis for data processing is our legitimate interest, the provision of contractual or pre-contractual measures, and your consent. You can deny access on your device via the Settings/Notifications/ options of your device; however, this means that our App may not function as intended.
When you use one of our location-enabled services, we may collect and process information about your location (coarse) and the time the location information is recorded to provide the services with location-based information and features. Some of these services require your Personal Data for the feature to work, and we may associate location data with your device ID and other information we hold about you. We keep this data for no longer than is reasonably necessary for providing services to you. If you wish to use the particular feature, you will be asked to consent to your data being used for this purpose. You can withdraw your consent at any time by disabling the GPS or other location-tracking functions on your device, provided your device allows you to do this. See your device manufacturer’s instructions for further details.
In order to better display and geographically visualise the specific location, our App uses Google Maps API and we process your coarse location. When using Google Maps, Google collects, processes, and uses data about the use of Maps functions. Further information on data processing by Google is listed in Google's privacy policy. The legal basis for data processing is our legitimate interest, the provision of contractual or pre-contractual measures, and your consent.
We use the Google Firebase developer App and related features and services provided by Google. By integrating Google services, Google may collect and process information (including personal data). It cannot be excluded that Google also transfers the information to a server in a third country. We cannot influence which data Google collects and processes. Firebase's key security and privacy information can be found here: https://firebase.google.com/support/privacy The legal basis is the implementation of the user contract for the use of the App.
The app uses the tool Crashlytics to log crashes of our App. No personal data is transmitted. Only real-time crash reports with precise details of code locations and device information are sent, which is intended to simplify maintenance and improve the resulting stability of our App. The legal basis for data processing is our legitimate interest. In the settings under data services, you can select whether you want to send crash reports or not.
Our App uses the web analytics service Google Analytics for Firebase, which uses tracking technologies to track your use of our App. In this respect, information is generated about, among other things, the number of users and their sessions, the session duration, the operating system used by the users, their device model, the region from which our App is accessed, the first start of our App, our App execution, and any updates. In order to provide the relevant data for analysis, Firebase Analytics uses your a) device's advertising ID, b) an App instance ID (a randomly generated number that identifies a single app installation), c) and the IP address, which is shortened (IP masking) before being processed on Google's servers (which may be located outside the EEA) to generate the usage analysis. You can object to the use of Firebase Analytics at any time by disabling the sending of usage statistics in your device settings (Reset Advertising ID). We have no influence on these data processing operations. The basis for processing is our legitimate interest and your consent.
When you use our App, you will receive so-called push messages from us, even if you are not currently using our App. These are messages that we send you as part of the performance of the contract. You can adjust or stop receiving push messages at any time via a) the device settings of your device or b) or by enabling or disabling specific types of notifications within the App. Insofar as you consent to the use of push messages, consent is the legal basis for the processing.
OTHER USES OF YOUR PERSONAL DATA
We may also collect, store, and use your Personal Data for the following purposes:
● to operate, manage, develop, and promote our business and, in particular, our relationship with you and related transactions, including, for example:
○ marketing purposes (when we have either gathered prior opt-in consent and/or have a legitimate interest to send you communications which we believe to be relevant and of use to you);
○ to operate, administer, and improve our App and other aspects of the way in which we conduct our business;
○ to offer you our App and services;
○ to provide you with services or information that you may have requested; and
○ to keep you informed and updated on relevant topics or services you may be interested in.
● to protect our business from fraud, money laundering, breach of confidence, theft of proprietary materials, and other financial or business crimes;
● to comply with our legal and regulatory obligations, bring and defend legal claims and assert legal rights; and
● if the purpose is directly connected with an assigned purpose previously made known to you.
We will only process your Personal Data as necessary so that we can pursue the purposes described above and where we have a legal basis for such processing. Where our lawful basis for processing is that such processing is necessary to pursue our legitimate interests, we will only process your Personal Data where we have concluded that our processing does not prejudice you or your privacy in a way that would override our legitimate interest. In exceptional circumstances, we may also be required by law to disclose or otherwise process your Personal Data.
CHANGE OF PURPOSE
We will only use your Personal Data for the purposes for which we collected it as detailed above, 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 Data for an unrelated purpose, we will notify you, and we will explain the legal basis which allows us to do so.
STORAGE AND RETENTION
Your personal data will remain with us on our Afrihost server in an SQL database until the purpose for processing the data no longer applies. If you assert a justified request for deletion or revoke your consent to data processing, your data will be deleted unless we have other legally permissible reasons for storing your personal data (e.g., retention periods under tax or commercial law); in the latter case, the data will be deleted once these reasons no longer apply.
WHEN DO WE DISCLOSE YOUR PERSONAL DATA?
We may share your information with organisations that help us provide the services described in this policy and who may process such data on our behalf and in accordance with this policy to support our App and our services. If you wish to learn more about how the relevant provider processes your personal data, please follow the links embedded in the above mentioned provider's name.
Typically and unless otherwise stated in this policy, data may be shared on the basis of our contractual and pre-contractual obligations. Equally, if you have consented to it, or where we have a legal obligation to do so or on the basis of our legitimate interests (e.g., when using agents, hosting providers, tax, business and legal advisor's, accounting, and similar services that allow us to perform our contractual obligations, administrative tasks, and duties efficiently and effectively). If we commission third parties to process data on the basis of a so-called "processing agreement".
We may also disclose information in other circumstances, such as when you agree to it or if the law, a court order, a legal obligation, or a regulatory authority asks us to. If the purpose is the prevention of fraud or crime or if it is necessary to protect and defend our rights, property, or personal safety of our staff, the App and its users.
HOW WE SECURE YOUR PERSONAL DATA
Our App uses SSL or TLS encryption to ensure the security of data processing and to protect the transmission of confidential content, such as login data or contact requests that you send to us. We have also implemented numerous security measures (“technical and organisational measures”) for example, encryption or need-to-know access, to ensure the most complete protection of Personal Data processed through our App.
YOUR RIGHTS AND PRIVILEGES
Privacy rights
You can exercise the following rights under the POPIA:
● The right to be notified
● The right to access
● The right to request correction
● The right to object
● The right to not be subject to automated decisions
● The right to submit a complaint
● The right to initiate civil proceedings
You can exercise the following rights under the GDPR:
● The right to access;
● The right to rectification;
● The right to erasure;
● The right to restrict processing;
● The right to object to processing;
● The right to data portability;
Update your information and withdraw your consent
If you believe that the information we hold about you is inaccurate or request its rectification, deletion, or object to legitimate interest processing, please do so by contacting us.
Access Request
In the event you want to make a Data Subject Access Request, please contact us. We will respond to requests regarding access and correction as soon as reasonably possible. Should we not be able to respond to your request within thirty (30) days, we will tell you why and when we will be able to respond to your request. If we are unable to provide you with any Personal Data or to make a correction requested by you, we will tell you why.
What we do not do
● We do not request Personal Data from minors and children;
● We do not process special category data without obtaining prior specific consent;
● We do not use automated decision-making, including profiling; and
● We do not sell your Personal Data.
Who is the competent data protection authority?
The Information Regulator (www.inforegulator.org.za). If you believe that the processing of your Personal Data is not lawful, you can lodge a complaint with the Information Regulator or your local data protection supervisory authority. We would, however, appreciate the chance to deal with your concerns before you approach the Information Regulator or any other supervisory authority.
Data Breaches and Notification
Databases or records containing Personal Data may be breached accidentally or through unlawful intrusion. As soon as we become aware of a data breach, we will notify all affected individuals whose Personal Data may have been compromised, and the notification will be accompanied by a description of the measures that will be taken to repair the damage caused by the data breach. Notifications will be sent as soon as possible after the violation is discovered.
USA SPECIFIC PROVISIONS
The following applies to users located in the United States. While we understand and appreciate that privacy and consumer data protection laws differ as they are subject to each state's legislature and that no data protection framework similar to the POPIA or GDPR exists on a federal level, we are committed to follow and apply the for your state relevant privacy rules and regulations.
As of the day of drafting, the following states had enacted privacy and consumer data protection laws: California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Montana, Oregon, Tennessee, Texas, Utah, and Virginia. Under consideration of the similarities of the above provisions, no conflict should arise pursuing a uniform approach in granting all users in the USA the same rights and privileges as set out above. However, should ambiguity occur, the most stringent provision is chosen to ensure the most comprehensive approach when it comes to protecting your Personal Data.
Further, the following also apply
i) “Shine the Light”
“Shine the Light” law (Civil Code Section 1798.83) requires us to respond to requests from California asking about the business’s practices related to disclosing Personal Data to third parties for the third parties’ direct marketing purposes. You may make a request about our collection and disclosure of your Personal Data using the contact details provided.
ii) COPPA (Children Online Privacy Protection Act)
When it comes to the collection of Personal Data from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online. We do not specifically market to children under the age of 13 years old.
iii) CAN SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations. To be in accordance with CAN SPAM, we agree to the following: If at any time you would like to unsubscribe from receiving future emails, you can email us, and we will promptly remove you from ALL correspondence.
iv) Telephone Consumer Protection Act (TCPA)
If we process your Personal Data for the purpose of sending you SMS marketing communications, you may manage your receipt of marketing and non-transactional communications from us by replying or texting ‘STOP’ if you receive our SMS communications. In this respect, the data processing is carried out solely on the basis of our consent in personalised direct advertising per SMS.
v) Controls For Do-Not-Track Features
Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ('DNT') feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage, no uniform technology standard for recognising and implementing DNT signals has been finalised. As such, our App does not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this policy.
vi) Right to complain
Finally, and in regard to the right to complain to a supervisory authority. You have the right to lodge a complaint about our processing of Personal Data with a supervisory authority responsible for data protection. Users based in the above-mentioned States may lodge a complaint with the relevant district attorney or attorney general office. However, we would appreciate the opportunity to address your concerns before you contact any supervisory authority.
CANADA AND MEXICO SPECIFIC PROVISIONS
Both Canada and Mexico have introduced data protection laws that are similar to the GDPR, namely Federal Law for the Protection of Personal Data in the Possession of Private Parties (“LFPDPPP”) supplemented by the Rules of the Federal Law for the Protection of Personal Data in the Possession of Private Parties in Mexico and the Personal Information Protection and Electronic Documents Act (“PIPEDA”) in Canada. Under consideration that the GDPR has played a pivotal role, no conflict should arise pursuing a uniform approach in granting all users in Mexico or Canada the same rights and privileges as set out above. However, should ambiguity occur, the most stringent provision is chosen to ensure the most comprehensive approach when it comes to protecting your Personal Data.
In terms of your right to complain, Canada’s national supervisory authority is the Office of the Privacy Commissioner (www.priv.gc.ca) and the National Institute of Transparency, Access to Information and Personal Data Protection (Instituto Nacional de Transparencia, Acceso a la Información y Protección de Datos Personales) (“INAI”) is the national supervisory authority in Mexico (www.ifai.org.mx).
HELP AND COMPLAINTS
If you have any questions about data protection at SpruceBuddy, you can contact us by email using support@sprucebuddy.com with “Data Protection” in the subject line.
CHANGES
The first version of this policy was issued on Thursday, 31st of October 2024, and is the current version. Any prior versions are invalid, and if we make changes to this policy, we will revise the effective date.
