Privacy At a glance

Privacy Policy - South Africa Finches Nest Lodge Consumers Effective Date: November 22, 2021 The Finches Nest Lodge Pty Ltd (“Finches Nest Lodge,” “we,” “us,” or “our”) may collect Personal Information (as that term is defined in the Privacy Act) to help you place, process, and receive delivery orders and to improve the Finches Nest Lodge service. This Privacy Policy explains how Finches Nest Lodge handles your Personal Information when you visit or use www.thefinchesnest.co.za (the “Site”), the Finches Nest Lodge mobile application, and any other website or mobile application that links to this Privacy Policy (collectively, the “Services”). If you are a Finches Nest Lodge customer, your access to and use of our Services are subject to our Consumer Terms and Conditions, which define some of the terms used throughout this Privacy Policy. Finches Nest Lodge should refer to the Product Delivery Privacy Policy for information on how Finches Nest Lodge collects, uses, and shares Finches Nest Lodge’s Personal Information. If you are a Finches Nest Lodge Product Provider, franchisor, or other retailer (“Merchant”), your access to and use of our Services are subject to the master services agreement entered into between you and Finches Nest Lodge. 1. Collection of Personal Information When you use the Services, we may collect Personal Information about you. If you do not provide us with your Personal Information, we will not be able to provide the Services to you. The types of Personal Information that we may collect about you are: 1a. Information You Provide to Us Directly You may provide Personal Information to us when you use our Services, including when you register with Finches Nest Lodge, search within or place orders through our Services, contact us with inquiries, engage with our chatbot on the Site or the Services, respond to surveys, or otherwise access or use our Services. This information may include: Personal Identifiers and Records Information – We may collect your name, alias, account name, email address, phone number, postal or delivery address, and other information that may identify you. Age and Date of Birth – We may collect your age and year or date of birth to enable us to, for example, determine if you are eligible to make purchases of alcohol. Biometric Information - We may collect photos and images or your face voice or other biometric data to confirm your identity and you will be asked to consent to this collection and use via the permission granted in the Finches Nest Lodge mobile app when this information is collected. Payment Information – We may collect payment information such as the name of your financial institution, payment method and billing address used to complete the purchase transaction. We use a payment processor that collects your payment information and processes payments made on or through the Services. We obtain limited information about your payment card from our payment processor, such as the last four digits and the expiration date. Commercial Information - When you place an order through our Services, we collect information related to that order, including searches conducted through the Services, the products or services purchased, the date and time of the purchase and delivery and other purchasing or consuming histories or tendencies. Other - You may also choose to provide ratings for your Product Delivery and for the Merchant you ordered from. 1b. Information Received From You as Part of Your Communications When you use our Services (for example on our Site), complete electronic forms, communicate with Finches Nest Lodge or contact us, by online chat, email, phone or text, we may automatically collect and store certain information about you and the activity you engaged in, for example: your name and contact information; your order details; information that you voluntarily provide to us; the nature of your communication; the purpose of the interaction, and the action we took in response to your inquiry or request. 1c. Information Collected Automatically We also may collect and store certain information about you and your device(s) automatically when you access or use our Site and Services. This information may include: Technical Information – We collect technical and internet or other network activity information associated with your activity on our Site and may include information related to your browser and operating system, IP address (the Internet address of your computer), unique device identifiers, personal and online identifiers, and other information such as your device type and version of the app that is in use. Site Usage Information – This may include the webpage that you were visiting before accessing our Site or mobile application, the pages or features of our Site or mobile application you browsed to inform us which part of our Site, app, and Product Delivery Services you visit and how much time you spend there, and your search history. Site Preferences – We collect information about your preferences to make your use of the Site more productive using cookies. 1d. Geolocation Information When you use the Services, we may collect precise location data about the progress of your order from the Finches Nest Lodge app used by the Product Delivery. We may also collect route information and delivery pick-up or drop off-information. If you permit the Services to access location services through the permission system used by your mobile operating system (“Platform”) or browser, we may also collect the precise location of your device when the Finches Nest Lodge app is running in the foreground or background of your device while we are processing your order and we may also derive your approximate location from your IP address. We use your location information to help you select your delivery address, to provide more accurate deliveries of your orders, to provide recommendations to you, and to enhance your user experience and improve the services. You can choose whether to enable or disable the location tracking feature through the settings on your device or Platform or when prompted by the Finches Nest Lodge mobile app. If you choose to disable the location feature, the Product Delivery will not receive location information from your device, which may compromise the accuracy of deliveries in some situations, for instance, if you are in a large area, such as a park. 1e. Information From Publicly Available Sources and Third Parties We may also collect information about you from publicly available sources or third parties. For example, we receive certain information about you when you use Facebook or Google to login to our Services. If you make a purchase through a Merchant that offers delivery via Finches Nest Lodge, we may receive information about your purchase, including your name, phone number, the product you purchased, and the delivery location. 2. Use of Cookies and Other Tracking Technologies We use cookies, web beacons, pixels, replay sessions, and similar technologies to collect information and personalise your experience with the Services. 2a. Cookies Cookies are small web files that a site or its provider transfers to your device’s hard drive through your web browser that enables the site or provider’s system to recognise your browser and remember certain information. We use first-party and third-party cookies for the following purposes: (1) to make the Services function properly; (2) to improve the Services; (3) to recognise you when you return to our Site and to remember information you have already provided, such as your preferences; (4) to collect information about your activities over time and across third party websites or other online services in order to deliver content and advertising tailored to your interests; and (5) to provide a secure browsing experience during your use of the Services. You may disable the use of cookies by modifying your browser settings. If you choose to disable cookies you may not be able to fully experience the interactive features of the Services. 2b. Web Beacons Web beacons, also known as web bugs, pixel tags or clear GIFs, are tiny graphics with a unique identifier that may be included on our Site to deliver or communicate with cookies, to track and measure the performance of our Site and services, monitor how many web visitors we have, and to monitor the effectiveness of our advertising. Unlike cookies, which are stored on the user’s hard drive, web beacons are typically embedded invisibly on webpages (or in an email). 2c. Replay Session We may collect information on your use of our Site or the Services, such as pages visited, links clicked, non-sensitive text entered, and mouse and scrolling movements. The information collected may include a recreation of your session interactions on our Site. We take measures to utilise replay session technology to exclude and block sensitive user information. 2d Online Analytics and Advertising Technologies We and our third-party vendors may use automated technologies (including cookie identifiers on our Site), along with other collected information, to tailor ads or deliver content when you are on the Services or on other devices, apps, or websites. 2e. Targeted Advertising We (or our service providers) may use the information we collect, for instance, IP addresses and unique mobile device identifiers, to locate or try to locate the same unique users across multiple browsers or devices (such as smartphones, tablets, or computers), or work with providers that do this, to better tailor content and features and provide you with a seamless experience across devices. If you wish to opt out of such cross-device tracking for purposes of interest-based advertising, you may do so through your device settings. We may also use cross-device tracking to help identify our users and serve advertising. This type of advertising is often called “interest-based” or “personalised” advertising—and when it occurs on mobile apps, “cross-app” advertising. To opt out of Google Analytics for display advertising or customize Google display network ads, you can visit the Google Ads Settings page. Please note that even if you opt-out, you may still receive advertisements from us. However, in that case, the advertising will not be tailored to your interests. Also, we do not control any of the above opt-out links or whether any company chooses to participate in these opt-out programs. 2f. Mobile Applications Depending on your permissions, we may receive your Personal Information from your Internet service and mobile device providers. Users of mobile devices who do not want to receive interest-based advertising may opt-out in several ways. Each operating system, (iOS for Apple phones, Android for Android devices, and Windows for Microsoft devices) provides its own instructions on how to prevent the delivery of in-application targeted advertisements. You should view your device or system “Settings” to determine how you can opt out of use of your device ID for “cross-app” personalised advertising. 3. Uses of Your Personal Information We may use the information we collect about you for various purposes. 3a. To Provide You with the Services We use your information to provide you the Services. For example, we use credit card information to complete a transaction or an address to allow the Product Delivery to fulfil your delivery (if you are a User), or your name and phone number to set up your business on the Services (if you are a Merchant). If the applicable information is to be provided or Service is to be performed by a third party, then we will disclose the applicable Personal Information to the third party providing the information or performing the applicable Services. Your information may be available or provided to third-party or service providers that are contractually obligated to protect your information as disclosed in this Policy. Payment information may be shared with your bank to validate your payment card. 3b. To Maintain, Improve, and personalise the Services We use your information for our everyday business operations such as auditing, administration of the Services, forum management, fulfilment, and analytics. Your information may also be used to improve the content and/or functionality of the Services. We may use your information to help us enhance offerings for Finches Nest Lodge and our Merchants, which may include improving marketing efforts for our large order delivering service, Finches Nest Lodge Drive. We also use your information to personalise your experience. For example, we may personalise the content and features you see when visiting our Services. In addition, we may personalise advertisements, marketing communications, and recommendations to make them more tailored to your interests. 3c. To Communicate with You We use your information to communicate with you. For example, we may send you text messages or other notifications about the status of your orders and deliveries. We may also contact you with promotional offerings or other communications that may be of interest to you. If we send you marketing emails about services that may interest you, each email or text message from Finches Nest Lodge will contain instructions permitting you to “opt-out” of receiving future email marketing communications. In the event you contact us, we use certain information to respond to your questions and assist you with any issues that may arise in your use of the Services. If you send direct messages, such as chat or text messages to a Product Delivery, using the telephone number for that Product Delivery available on the Services, we may use a third-party service provider to monitor and analyse these messages. We monitor these messages for fraud prevention, to ensure appropriate charging of fees, to enforce our Terms and Conditions, and for quality and training purposes. As part of this process, Finches Nest Lodge and its service provider will receive in real time and store data about your direct messages, such as chat or text messages, including the date and time of the text message, your phone number, and the message. If you do not agree with the monitoring of direct messages you send to Finches Nest Lodge, please do not send messages to Finches Nest Lodge. 3d. For Account and Network Security Purposes We care about keeping you secure and safe while using our Services. Keeping you safe requires us to process your Personal Information, such as your device information, activity information and other relevant information. We use such information to combat spam, malware, malicious activity or security risks; improve and enforce our security measures; and to monitor and verify your identity so that unauthorised users do not gain access to your information. 3e. To Maintain Legal and Regulatory Compliance Our Services are subject to certain laws and regulations which may require us to process your Personal Information. For example, we process your Personal Information to pay our taxes, to fulfil our business obligations, ensure compliance with employment and recruitment laws or as necessary to manage risk as required under applicable law. 3f. To Enforce Compliance with Our Agreements and Policies When you access or use our Services, you are bound to our Terms and Conditions (if you are a User), the Merchant Terms of Service or other master services agreement entered into between you and Finches Nest Lodge (if you are a Merchant), and this Policy. To ensure you comply with them, we process your Personal Information by actively monitoring, investigating, preventing and mitigating any alleged or actual prohibited, illicit or illegal activities on our Services. We also process your Personal Information to: investigate, prevent or mitigate violations of our internal terms, agreements or policies; enforce our agreements with third parties and business partners. 3g. To Protect You, Others, and Our Business We use your information to protect you, others, and our business, including, without limitation, using information for fraud prevention, for enforcement of our Terms of Service, to comply with the law, and to protect against security risks. 3h. For Our Business Purposes We may use your information for any other purpose disclosed to you at the time we collect the information, or otherwise with your consent, or as permitted by law. 4. Disclosure of Personal Information to Third Parties We may disclose your Personal Information to third parties as described below and as otherwise permitted by law. 4a. Group Companies We provide your Personal Information to our group companies (entities that control or are under the control of Finches Nest Lodge) for business purposes. We will require these entities to comply with the terms of this Policy regarding their use of your information. 4b. Service Providers or Third Parties If the applicable information is to be provided or Service is to be performed by a third party, then we will disclose the applicable Personal Information to the third party providing the information or performing applicable Services subject to this Policy. Your information may be available or provided to third-party service providers that are contractually obligated to protect your information as disclosed in this Policy. Accordingly, we provide your Personal Information to our service providers or in connection with a third party to help provide the Services to you, including certain business purposes. This information is provided for them to provide us with the following services: payment processing, advertising services, marketing partners, web analytics, data processing, IT services, customer support and other services. 4c. Finches Nest Lodge, Merchants, or other users To facilitate the Services, such as a delivery, we provide your Personal Information and order details, to the Finches Nest Lodge who complete your requested deliveries. Similarly, we provide certain information to Merchants to fulfil your order, such as your first name and last initial and order details. We may also share information that you provide to Finches Nest Lodge with Merchants as part of a Merchant Loyalty Program when you connect your Finches Nest Lodge account with the applicable Merchant program. 4d. Social Media When you link a Social Network account to Finches Nest Lodge or log into our Services using your Social Network account, we may provide your information to the operator of the Social Network to facilitate or enhance delivery of that Social Network or other services to you. Please see “Social Media Usage” below for more details. 4e. When Required or Permitted by Law We provide, to the extent required by law, your Personal Information to third parties including law enforcement agencies when required to protect and defend our legal rights, protect the safety and security of Finches Nest Lodge users, prevent fraud, comply with the law, respond to legal process, or a request for cooperation by a government entity. 4f. Corporate Transactions In the event of a business transfer, merger and other reorganisation, dissolution, or similar event we may provide your information to one or more third parties as part of that transaction, including during the negotiation of a transaction. 4g. With Your Consent We also may provide your information to third parties with your consent or at your direction. 5. Security Finches Nest Lodge has implemented administrative, organisational, technical, and physical security controls that are designed to safeguard Personal Information. However, no online activity is ever fully secure or error-free. Therefore, Finches Nest Lodge does not guarantee that your Personal Information is absolutely secure. Please keep this in mind when disclosing any Personal Information or other information to Finches Nest Lodge. Please recognise that protecting your Personal Information is also your responsibility. We urge you to take every precaution to protect your information when you are on the Internet, or when you communicate with us and with others through the Internet. Change your passwords often, use a combination of letters and numbers, and make sure you use a secure browser. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of your account might have been compromised), or if you suspect someone else is using your account, please let us know immediately by contacting us as indicated in the Contact Us section below. 6. Data Retention We will retain your Personal Information for as long as your account is active or as needed to provide you services and to maintain a record of your transactions for financial reporting purposes. We will also retain and use your Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Finches Nest Lodge may aggregate and anonymise data and may retain aggregate or anonymized data indefinitely. 7. Third-Party Sites Some of the functionality may be provided by third parties and the Services may contain links to other websites not operated or controlled by Finches Nest Lodge. These third parties are not under our control and we are not responsible for their privacy policies or practices. If you provide any Personal Information to a third party or through any such third-party website, we recommend that you familiarise yourself with the privacy policies and practices of that third party. 8. Social Media Usage You may choose to enable or log in to our Services via various online services, including social networking services like Facebook and Google. Our Services also may enable you to access social networking services such as Facebook, Twitter, or Instagram (collectively, “Social Network”) directly or indirectly through our Services. When you link a Social Network account to Finches Nest Lodge or log into our Services using your Social Network account, we may collect relevant information necessary to enable our Services to access that Social Network and your data contained within that Social Network. We also may share your information with the operator of that Social Network to facilitate or enhance delivery of that Social Network or other services to you. A Social Network may provide us with access to certain information that you have provided to them, and we will use, store, and disclose such information in accordance with this Privacy Policy. Additionally, a Social Network may collect Personal Information and information about your use of our Site or Services automatically. The way a Social Network collects, uses, stores, and discloses your information is governed by the policies of such third parties and Finches Nest Lodge shall have no liability or responsibility for the privacy practices or other actions of any Social Network that may be enabled within our Services. You may also have the option of posting your activities on our Services and other content to a Social Network when you access content through our Services. For example, you may post to Facebook that you placed an order with Finches Nest Lodge. Keep in mind that your activity on a Social Network is governed by that Social Network and not by Finches Nest Lodge and may be visible or accessible to the public. 9. Children’s Information Our Services are not intended for children under 13 years of age and we do not knowingly collect Personal Information from children under the age of 13. If you are a parent or guardian of a child under the age of 13 and believe he or she has disclosed Personal Information to us please contact us at support@thefinchesnest.co.za. A parent or guardian of a child under age 13 may review and request deletion of the child’s Personal Information. 10. Your Choices If you are a registered Finches Nest Lodge user, you may access or modify certain of your Personal Information By logging into our Site using your username and password and visiting the “Account” page. Registered Finches Nest Lodge users may also access the “Account” page to manage their subscriptions. You may contact us at support@thefinchesnest.co.za to access, modify, or deactivate your account. You may disable our ability to use cookies by using the cookie controls in your web browser (see “Use of Cookies” section below). If we send you marketing emails about services that may interest you, each email will contain instructions permitting you to “opt-out” of receiving future marketing or other communications. 11. Referral Program or Gift Option Finches Nest Lodge allows users to send gifts using the Services and invite friends to sign up for our Services by submitting a friend’s name and email address to Finches Nest Lodge. Sometimes we offer a promotional value for every friend that signs up and places an order through your referral link. To help you do this, we may request you to grant us access to your mobile device address book. You can then direct us to send referral emails to contacts you select in your address book. By choosing to send a referral link, a gift or invite a friend you represent that you have received the recipient or friend’s consent to provide his or her name, email address, delivery or mailing address and other information to us. Finches Nest Lodge will use that information to send the requested gift or to send an email inviting him or her to visit the site and will store that information to track the success of the referral and gift program. You can also send a text message with a referral link to your contacts. If you use this option, you understand that Finches Nest Lodge does not control the timing, content, or recipients of these text messages. Users may not send, publish, or share any false, misleading, or deceptive communications in connection with participation in the Referral Program. Finches Nest Lodge users may not send any referral emails, text messages, or other communications to children under the age of 13. If you are referred to Finches Nest Lodge through one of our referral programs, or if someone attempts to refer you, we may share your name, whether you have already signed up for Finches Nest Lodge, whether you are a new customer, and whether you have placed a qualifying order with Finches Nest Lodge with the person(s) who referred you. 12. International Users Finches Nest Lodge is an international company and as a result, regardless of where you use our Services, the information collected as part of that use may be transferred to and maintained on servers located in countries other than South Africa, such as in the United States. We may from time to time use third party storage providers for this purpose. Since Finches Nest Lodge is based in the South Africa, any information we obtain about you will at a minimum be stored in accordance with R.S.A. privacy laws, regulations, and standards, which may not be equivalent to the laws in your country of residence. By using our Services, you consent to this collection, transfer, storage, and processing of information to, and in, countries other than South Africa. While it is not practicable to specify all these countries, regions include (but are not limited to) North America, South America, and Europe. You acknowledge that: We will not be required to take reasonable steps to ensure that an overseas recipient complies with South African privacy laws; If an overseas recipient handles Personal Information in breach of South African privacy laws, they may not be accountable under South African privacy laws; and you may not be able to seek redress under South African privacy laws for their breach; The overseas recipient may not be subject to any privacy obligations or to any laws like South African privacy laws; and The overseas recipient may be subject to a foreign law that may compel the disclosure of Personal Information to a third party, such as an overseas agency or authority. 13. Changes to This Privacy Policy Our Services may change from time to time. As a result, we reserve the right to update or modify this Privacy Policy at any time and from time to time without prior notice. If we make any material changes to the way we use or disclose your Personal Information, we will notify you by email, at the email address you have provided to us. If you object to any changes, you must cease using our Services. Please review this Privacy Policy periodically by visiting this webpage. This Privacy Policy was last updated on the date indicated at the top of this page. Your continued use of our Services after any changes or revisions to this Privacy Policy indicates your agreement to the terms of the revised Privacy Policy. 14. Contact Us If you have any questions or concerns relating to this Privacy Policy or our privacy practices, or would like to opt-out of postal mail, please contact us at support@thefinchesnest.co.za: The Finches Nest Lodge Pty Ltd Attention: Privacy 8 Bridle Close, Johannesburg Gauteng, 2191 South Africa