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DATA PRIVACY AND PROTECTION
  1. We respect your privacy and your personal information and will take reasonable measures to protect it, as more fully detailed below.
  2. Should you decide to register with or function as a user on the Website or for the Services, UHURU may collect, collate, process, and use the following types of information about you when you use the Website (“personal information”):
    1. Information provided by the user: UHURU collects personal information (that is information about the user that is personally identifiable such as the user’s name, physical/email address, age, geolocation, gender, e-mail address, phone number(s) and other unique information such as login details and passwords, banking/accounting information, product and service preferences and contact preferences that are not otherwise publicly available); and
    2. Information that is collected automatically: UHURU receives and stores information which is transmitted automatically from the user’s device when the user browses the internet or uses the Website. This information includes information from cookies (which are described in clause 12.14 below), the user’s Internet Protocol (“IP”) address, browser type, web beacons, geo-location information, embedded web links, and other commonly used information-gathering tools. These tools collect certain standard information that your browser sends to the Website such as your browser type and language, access times, and the address from which you arrived at the Website.
  3. Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update it. UHURU is however under no obligation to ensure that your personal information or other information supplied by you is correct.
  4. You warrant that the personal information disclosed to UHURU or the Website is directly from you as the user of the Website or in connection to the Services.
  5. You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and, generally, not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
  6. Any processing of your personal information will be reservedly for our legitimate business purposes and as a necessary function of your engagement with the Website and/or the Services, and you have hereby expressly consented and opted-in to this, but UHURU will not, without your express consent,
    1. use your personal information for any purpose other than as set out below:
      1. to make the Services and/or Website available to you as requested by your contractual engagement with UHURU;
      2. to contact you regarding current or new information, products or services or any other service offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us, possible through the correspondence sent to you);
      3. to inform you of new features, special offers and promotional competitions offered by UHURU or any of UHURU’s divisions and/or partners (unless you have opted out from receiving marketing material from UHURU, possible through the correspondence sent to you); and
      4. to improve our Services selection and your experience on the Website by, for example, monitoring your browsing habits, or tracking your transactions on the Website; or
    2. disclose your personal information to any third party other than as set out below:
      1. to our employees and/or third-party service providers who assist UHURU to interact with you via our Websites, e-mail or any other method, for the affecting of their services, and thus need to know your personal information in order to assist UHURU to communicate with you properly and efficiently;
      2. to our divisions and/or partners (including their employees and/or third-party service providers) in order for them to interact directly with you via email or any other method for the purposes of sending you marketing material regarding any current or new product or Services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from UHURU, possible through same correspondence with UHURU);
      3. to law enforcement, government officials, fraud detection agencies or other third parties when UHURU believes in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity or the contravention of any applicable law, or to investigate violations of these Terms; and
      4. to our service providers (under contract with UHURU) who help with parts of our business operations (such as payment gateway services, fraud prevention, marketing, technology services). However, UHURU’s contracts dictate that these service providers may only use your information in connection with the services they perform for UHURU, not for their own benefit and under the same standards as to how UHURU operates.
  7. UHURU is entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, the order of a court or legal process served on it, or to protect and defend its rights or property. In the event of a fraudulent online payment or online criminal behaviour, UHURU is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
  8. UHURU will ensure that all of its employees, service providers, divisions and partners (including their employees and third-party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations and process your personal information at standards equal to or higher than UHURU in relation to your personal information.
  9. UHURU will:
    1. treat your personal information as strictly confidential, save where UHURU is entitled to share it as set out in this policy;
    2. take appropriate technical and organizational measures to ensure that your personal information is kept secure and is protected against unauthorized or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
    3. provide you with reasonable access to your personal information to view and/or update personal details;
    4. promptly notify you if we become aware of any unauthorized use, disclosure or processing of your personal information;
    5. provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
    6. upon your request, promptly correct, return or destroy any and all of your personal information in our possession or control, save for that which UHURU is legally obliged or entitled to retain (acknowledging that some Website functionality might be lost if certain personal information is amended or destroyed).
  10. UHURU will not retain your personal information for longer than the period for which it was originally needed unless it is required by law to do so. UHURU may also retain your personal information for historical, statistical or research purposes as it has established appropriate safeguards against the personal information being used for any other purpose. You are also hereby expressly consenting to this further retention.
  11. UHURU undertakes never to sell or make your personal information available to any third party other than as provided for in these Terms.
  12. Whilst UHURU will do all things reasonably necessary to protect your rights of privacy, UHURU cannot guarantee or accept any liability whatsoever for unauthorized or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence or fraud.
  13. If you disclose your personal information to a third party, such as an entity which operates a website linked to the Website or anyone other than UHURU, UHURU shall not be liable for any loss or damage, howsoever arising, suffered by you as a result of the disclosure of such information to any third party. This is because UHURU does not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.
  14. This Website may make use of “cookies” to automatically collect information and data through the standard operation of the internet servers. Cookies are small text files a website can use (and which we may use) to recognise repeat users, facilitate the user’s ongoing access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content, and to display more focused advertising to a user by way of third-party tools. The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allow you to deny or accept the cookie feature. Please note that cookies may be necessary to provide you with certain features available on the Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website and/or Services will, therefore, be limited. If you do not disable cookies, you are deemed to consent to our use of any personal information collected using those cookies, subject to the provisions of these Terms.
  15. You are entitled to request access to any of your relevant personal data held by UHURU and where such access is necessary for you to exercise and/or protect any of your rights. For any personal data held by any third party, the user must approach that party for the realization of the user’s personal data rights with them, and not with UHURU, but UHURU will assist you wherever possible.
  16. Users with citizenships from jurisdictions other than South Africa, please note that UHURU complies with all South African data protection laws when processing your personal information pursuant to the Services and use of the Website, as we are a South African company operating for the South African market and our focus and main business concern is not the processing of personal information. Should foreign law be applicable in any regard to your use of the Services and/or the Website in any way, including how we may process your personal information, please contact UHURU at admin@uhuruwallet.co.za to engage you on its application and your rights.
  17. Users acknowledge that any content provided by users on the Website, including via a messaging system, enters an open, public forum, and is not confidential, where the author of which will be liable for that content, and not UHURU.