Last modified: 25 April 2021
- Account means a unique account created for You to access our Service or parts of our Service.
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to The Franchise Association of South Africa, 6 Evans place, Pierre van Ryneveld, Centurion, 0045.For the purpose of the GDPR, the Company is the Data Controller.
- Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
- Country refers to: South Africa
- Data Controller, for the purposes of the GDPR (General Data Protection Regulation), refers to the Company as the legal person which alone or jointly with others determines the purposes and means of the processing of Personal Data.
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Personal Data is any information that relates to an identified or identifiable individual.For the purposes for GDPR, Personal Data means any information relating to You such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity.
- Service refers to the Website.
- Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used. For the purpose of the GDPR, Service Providers are considered Data Processors.
- Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
- Website refers to the Franchise Association of South Africa, accessible from www.fasa.co.za
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.Under GDPR (General Data Protection Regulation), You can be referred to as the Data Subject or as the User as you are the individual using the Service.
The Franchise Association of South Africa (FASA) tried to keep this policy as simple and legalese-free as possible to help you understand what information we collect, how we use it, and what choices you have about it. You should read this policy in full, but here’s a very brief summary with the key points we hope you take away from it:
FASA does not sell your personal data to anyone. Never have, never will.
All the Association knows about you is what you share by visiting and exploring the Association’s website. The Association does not collect any of your personal information from any third parties, so it’s completely up to you to decide what you want to share. You can use the Association’s website under a pseudonym, for instance.
When you use the Association’s (FASA) website, even if you aren’t logged in, the Association’s (FASA) receives some personal information from you like the type of device you’re using and your IP address. You can choose to share additional information with the Association (FASA) by creating an account.
The Association (FASA) uses this information for improving our services and for keeping our website functional and secure.
You are free to opt-in and out of our newsletters, update your account details, or delete it entirely at any time. You can also ask us to give you a copy of the information you’ve submitted.
The Association (FASA) uses your answers to our surveys, tests, and other tools to determine what content is relevant to you and to improve our understanding of the people who are supporters of the Association through the content they consume and activities they engage in. You are completely free to decide which surveys to take and which tools to explore.
If you have any questions or comments regarding this policy, please don’t hesitate to get in touch!
1. How Do We Collect Information?
First, we collect, store, and use information you share on our website. This includes your e-mail address, comments, messages sent to other members, and any other information you choose to enter on the website.
Second, if you purchase something for yourself or for anyone else on our website, we’ll collect payment and tax information (e.g., country of residence), contact and delivery information (e.g., e-mail address), and details of what you bought.
Finally, we record certain technical information whenever you use our website. This includes information about your device and about your visits to and use of our website, such as your IP address, browser type and version, page views, etc.
The Association’s (FASA) use “persistent” cookies on our website. Persistent cookies will remain stored on your device until deleted, or until they reach a specified expiry date.
If we have an existing customer relationship with you (e.g., you have purchased something from the Association (FASA), the Association (FASA) may also use Facebook Pixel to analyse the effectiveness of our Facebook ads. The Association (FASA) cannot see your Facebook profile, or any other data you have shared with Facebook. You can opt-out of Facebook advertising here.
Most browsers allow you to reject all cookies, while some browsers allow you to reject just third-party cookies. Blocking all cookies will, however, have a negative impact upon the usability of many websites, including ours.
Whether Information Has to Be Provided by You and Why
If you don’t provide the information requested the Association (FASA) may not be able to provide the services which require the use of this information (e.g., certain features or assessments).
2. How Do We Use the Information We Collect?
The Association (FASA) uses the information the Association (FASA) collects to provide you with the Association (FASA) services as well as content that’s relevant and personal to you. Consequently, it’s necessary for us to use your information to:
send you your assessment results, application results or newsletter request, if you request them in the results screen or in the Preferences section;
Send you account-related messages, such as password recovery e-mails;
Identify you and ensure the security of your account – e.g., by verifying that you own the e-mail address linked to your account;
collect payments from you and send you e-mails with your order details, if you decide to purchase something from us;
provide you with content and services relevant to you – e.g., information on franchising and business and events in general;
help you connect with other members – e.g., by creating a friend request automatically if someone tries to send you an e-mail invite;
respond to your questions or complaints, or to complaints made about your use of our website.
The Association (FASA) have a legitimate interest in using your information in these ways. It’s necessary for the Association (FASA) to do that to make our services and content as relevant to you as possible, and that’s in both of our interests.
in addition, the Association (FASA) have a legitimate interest in maintaining the Association (FASA) relationship with you, improving the Association’s (FASA) website and services, and protecting both you and other users.
Consequently, the Association (FASA) use your information to:
Conduct analytics on how you use the Association (FASA) website in order to better understand your needs and to optimize the Association (FASA) service and experience. For instance, by measuring the time you spend on a certain page before and after a design change, the Association (FASA) can understand whether there’s anything we need to tweak. In order to do that, the Association (FASA)use third-party services, Google Analytics and Analytify, to collect standard internet log information and details of visitor behaviour patterns (for example, how much time you spent reading and article). If the Association (FASA) have an existing customer relationship with you, the Association (FASA) may also use Facebook Pixel to analyze the effectiveness of the Association (FASA) Facebook ads. The Association (FASA) has already mentioned these services in the Cookies section above.
This information is only processed in a way which does not identify anyone. For example, the Association (FASA) doesn’t make, and doesn’t allow Google to make, any attempt to match such information with personal data we hold about you.
Improve the Association (FASA) website and develop new functionality. For example, if the majority of respondents in one of the Association (FASA) surveys say they’d like to learn more about franchise agreements, the Association (FASA) certainly would take that into account.
Conduct internal analysis and scientific / statistical research to improve our services and understanding user behaviour. For instance, your responses to our surveys could help us figure out whether Extraverts or Introverts are more likely to be early risers. The raw research data you supply is anonymized or pseudonymized, and access to it is strictly limited. Even our own researchers only see data that cannot be connected back to any individually identifying information, and we only publish aggregate statistical data.
Keep the website secure and prevent fraud – e.g., by logging authentication attempts or activities related to your account;
Keep both you and other users safe, including working with law enforcement where necessary. For instance, we may inform the police if something you’ve posted makes us believe that it’s highly likely you or someone else is in immediate physical danger.
Verify compliance with the terms and conditions governing the use of the website, e.g. by reviewing your private messages if another user complains of harassment.
While our legitimate interests cover a lot of what we do, in the following circumstances other legal grounds apply to how we process your personal data:
Where the Association (FASA) expressly require consent from you for the processing in question;
Where the Association (FASA) provide services to you as a member – in which case the Association (FASA) have a contract with you for this and the Association (FASA) will process your data in accordance with the Association (FASA) contract with you (see the Association (FASA) Terms and Conditions). In particular, the Association (FASA) contract allows the Association (FASA) to retain and delete data in ways which override certain rights you may otherwise have had if the Association (FASA)were relying on consent or our legitimate interests for the data processing in question.
Where another legal ground applies (which will be rare) – e.g., to protect your or another person’s vital interests, or where we’re required to process the information by law.
Finally, in addition to what we discussed above, the Association (FASA) will only use your information with your consent:
To send you e-mail newsletters, if you’ve specifically agreed to receive them and confirmed that by clicking a link in the verification e-mail. You can unsubscribe from our newsletters at any time by clicking a link at the bottom of any message.
where the assessment for which you’re supplying us with personal data relates to “special category” personal data (e.g., your religious beliefs or political views), and which the Association (FASA) then process to provide assessment results and then subsequently for research purposes (where the data will be anonymized or pseudonymized). Here the Association (FASA) rely first on the Association (FASA) legitimate interests, and second on your explicit consent to this.
Please note you may withdraw your consent at any time.
Where you supply the Association (FASA) with special category personal data we may also further process this data for research purposes – typically it will be anonymized so that it ceases to be personal data. In this case the Association (FASA) also rely on Article 9.2(j) of the General Data Protection Regulation (GDPR) to the extent the processing of personal data is involved.
The Association (FASA) won’t provide your personal information to any third parties for the purpose of direct marketing by those parties.
3. Does the Association (FASA) Transfer Your Information Elsewhere?
As a worldwide digital service, the Association (FASA) needs to work with a number of providers, some of which are located outside of South Africa e.g. in the UK and the European Economic Area (EEA), the U.S. and Africa, in order to be able to operate the Association’s (FASA) website and to make our services available online. Some of the Association’s (FASA)staff also operate outside the South AFrica. Consequently, some of your personal data may be transferred outside South Africa. Some of the countries in question may not have data protection laws equivalent to those in force in South Africa.
The Association (FASA) will ensure that any transfer of your personal information outside the South Africa where the POPI Act applies to such transfer will be subject to the appropriate or suitable relevant safeguards (e.g. South African Commission approved contract), as permitted under the Popi Act, with those measures designed to help safeguard your privacy rights and give you remedies in the unlikely event of a misuse of your personal information.
In general, the Association (FASA) uses contract clauses for such transfers (as per the Article 46.2 of the Popi Act), unless the country in question is judged adequate under the Article 45 of the Popi (including in the case of the U.S., Privacy Shield). the Association (FASA) also limits access to your personal information to those members of the Association’s (FASA) staff who have a business reason for knowing such information. If you’d like further information on this, please contact the Association (FASA).
Here’s a list of third-party providers we’ll share your information with, if necessary:
Payfast and PayPal, to process payments and conduct anti-fraud checks. Here are links to Payfast’s and PayPal’s privacy policies.
The Association (FASA) listed all our third-party providers here to be as transparent as possible. In practice, “sharing” is a very generous term when it comes to the Association (FASA) transferring your information outside the Association’s (FASA)company. The Association (FASA) always transfer as little data as the Association (FASA) can, also encrypting it where possible. For instance, the Association (FASA) e-mail service provider would need to know your e-mail address to deliver a password recovery link, but the Association (FASA) won’t tell them your age.
The Association (FASA) use all reasonable security and access control measures to secure the Association (FASA) accounts on third-party websites and the data stored therein.
Keep in mind that information you publish on the Association (FASA) website (such as your profile name or posts in the Association (FASA) Discussions) may be available around the world. The Association (FASA) can’t prevent the use or misuse of such information by others.
4. How Can You Manage Your Information?
If you have an account on our website, you can use the Preferences section to change most of your personal details. For instance, it allows you to:
update your e-mail address;
edit your profile name or make it private;
change your gender;
manage instant notifications;
delete your profile.
If you delete your profile, we’ll anonymize your user record, removing your e-mail address, name, age, etc.
The Association (FASA) won’t, however, delete your posts in Discussions, messages you sent to other members, your responses to the Association (FASA) tests and surveys, log records, and other similar data. The Association (FASA) need to keep that data for a number of reasons, such as protecting other users’ right of freedom of expression, preserving the integrity of our research, or ensuring the security of the Association’s (FASA) website, and the retention of this data is necessary for the Association (FASA) to provide our services to you and others.
If you decide to delete your profile, please make sure you first save any information you’d like to keep. Once the profile is gone, it’s gone – for instance, if you then realize that you haven’t saved that amazing poem another member sent you, the Association (FASA) have no way of recovering your account.
You can also ask the Association (FASA) to correct any personal data you have provided to the Association (FASA), or to remove specific personally identifying information from the Association (FASA) website. E.g., if you accidentally post your e-mail address in Discussions and ask the Association (FASA) to remove it, the Association will (FASA) do that if possible.
The Association (FASA) need to verify the authenticity of any data correction or removal request – so please make sure your account is always linked to an active e-mail address. The Association (FASA) don’t ask you for data such as your full name, address, or date of birth – your e-mail address is the only real identifier – so if you lose access to the address linked to your account, the Association (FASA) will have no way of verifying you own the account.
5. How and When Do We Share Your Information?
To begin with, anyone can see your public profile, which shows information such as your name company name and details of your business on the directory listing. You can see what your public directory page looks like by visiting the member listing on the front end.
If you post content in our Discussions, comment sections, translation area, or anywhere else on the Association (FASA) website where that’s possible, you should assume that anyone will be able to read that information – unless it’s clear that access to such information will be limited to yourself or a specific user (e.g., your private messages or notes in the Premium Profile).
The Association (FASA) staff, agents, suppliers, and subcontractors may also need to have access to your information where that’s necessary. This applies to any member of our group of companies – e.g., our subsidiaries and our ultimate holding company and all its subsidiaries.
For example, if you ask the Association (FASA) to fix a misbehaving subscription, someone from the Association’s (FASA) team will need to access your account to do that. However, access to your personal data is strictly limited and monitored, with sensitive details (such as your password) securely encrypted.
Besides that, there are also certain other circumstances where the Association (FASA) may disclose your personal information:
where the Association (FASA) is required to do so by law or in connection with any ongoing, prospective, or reasonably likely (in the Association (FASA) opinion) legal proceedings;
where the Association (FASA) need to establish, exercise, or defend the Association (FASA) legal rights (e.g., providing information to others for the purposes of fraud prevention);
if the Association (FASA) engaged in a merger, reorganisation, or any similar proceeding requiring the transfer of your information – the Association (FASA) then share your information with a party involved in such a process (for example, a potential purchaser);
if the Association (FASA) have strong reason to believe that you or someone else is in immediate physical danger (e.g., there’s a reasonably credible threat of self-harm posted in our Discussions), the Association (FASA) try to get in touch with local authorities and provide them with information that may help them prevent that.
The Association (FASA) from time to time places ads on the Association (FASA) website, and the Association (FASA) does not share your data with online advertisers. As a general rule, except as discussed above, the Association (FASA) doesn’t share your personal information with any third parties.
6. How Long Does The Association (FASA) keep your information?
The Association (FASA) keeps your information only for as long as we need it to provide services to you and to fulfil the purposes described in this policy or as otherwise described in our Terms and Conditions. This also applies to any other parties that we share your information with.
Here are some examples of categories of data along with their periods of retention:
payment and order data, including relevant access logs – 10 years;
activity logs, minus the above – 1 year;
transient activity records, such as e-mail invites or password reset requests – 3 months;
account details – unlimited;
The Association (FASA) regularly deletes accounts that aren’t linked to any meaningful activity and have been inactive for more than two years.
content submitted to our website, such as comments or forum posts – unlimited.
We’ll depersonalize your information or remove it entirely from our systems once we no longer need it to comply with our legal or regulatory obligations, or for other purposes described in this policy.
7. How Does The Association (FASA) Handle Children’s Information?
You may only use our website if you’re over the age at which you can provide consent to data processing under the laws of your country. Regardless of local laws, children under 13 aren’t allowed to use our website. If you’re a parent and you learn that your child is using our website, and you don’t want them to, please get in touch with us.
As a small company, we don’t have the resources to verify and track parental consent – so unfortunately, if you’re below the age at which you can provide consent in your country, you aren’t entitled to use our website.
8. What Can You Ask The Association (FASA) to Do with Your Information?
Under the GDPR you have a number of important rights free of charge. In summary, those include rights to:
access to your personal information and to certain other supplementary information;
require us to correct any mistakes in your information which we hold;
require the erasure of personal information concerning you in certain situations;
receive the personal information concerning you which you have provided to us, in a structured, commonly used and machine;
readable format, and have the right to transmit that data to a third party in certain situations;
object at any time to processing of personal information concerning you for direct marketing;
object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you;
object in certain other situations to our continued processing of your personal information;
otherwise restrict our processing of your personal information in certain circumstances;
withdraw your consent to our processing where we are relying on consent as the lawful basis for the processing in question;
right to lodge a complaint with a supervisory authority.
If you’d like to exercise any of those rights, please e-mail us. Keep in mind you’ll need to send the request from the e-mail address associated with your account in order for us to process it. We won’t be able to confirm you’re the account owner otherwise.
As already mentioned above, if you’d like to unsubscribe from our newsletter, you can also click on the unsubscribe link at the bottom of the e-mail. That’s usually immediate, but in rare cases it may take a few days for this to take place.
9. How Does The Association (FASA) Secure Your Information?
The Association (FASA) take reasonable technical and organisational precautions to prevent the loss, misuse, or alteration of your personal information. For instance, we store this information on our secure (password and firewall-protected) servers, encrypt traffic to and from the website, and anonymize or pseudonymize personal information where possible.
Still, The Association (FASA) can’t guarantee complete security of data sent over the internet – for example, someone may discover a vulnerability in the encryption protocol that we use, your internet service provider may record the data you send, and so on. Please take care when posting sensitive data.
10. How Can You Get in Touch with The Association (FASA)?
You can find our contact information here. The best way to get in touch with us is via e-mail (email@example.com).
11. Various Other Bits and Bobs
You’re responsible for keeping your password and other login details confidential. Don’t share such information with anyone as whoever has it will have full access to all your information on our website.
Some of our articles and website sections contain links to other websites. We aren’t responsible for the privacy policies or practices of those websites.