Privacy And Personal Information Policy
Personal information collected from you:
Should you decide to register with or function as a user on the Website and/or use any Fix Forward Services, you hereby expressly consent to, and opt-in to Fix Forward collecting, collating, processing, and using the following types of information about you when you use the Website (“personal information”):
- Information provided by the user. Fix Forward collects personal information – that is information about the user that is personally identifiable like the user’s name, address, age, gender, email address, phone number(s) and other unique information, service preferences and contact preferences that are not otherwise publicly available; and
- Information that is collected automatically. Fix Forward receives and stores information which is transmitted automatically from the user’s computer when the user browses the internet. This information includes information from cookies (which are described in clause 11.14 below), the user’s Internet Protocol (“IP”) address, browser type, web beacons, geo-locationary 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.
Should your personal information change, please inform us via email@example.com and provide us with updates to your personal information as soon as reasonably possible to enable us to update it. Fix Forward is however under no obligation to ensure that your personal information or other information supplied by you is correct.
You warrant that the personal information disclosed to Fix Forward is directly from you as the user on the Website or in connection to the services, and all such personal information is lawfully yours to provide.
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.
How we use your personal information:
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 Fix Forward Services, and you have consented to this, but we will not, without your express additional consent:
- use your personal information for any purpose other than as set out below:
- in relation to the provision to you of the Fix Forward Services and/or access to the Website;
- to contact you regarding current or new services or any other product offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us, possible through that same correspondence to you);
- to inform you of new features, special offers and promotional competitions offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us, possible through that same correspondence to you); and
- to improve our product selection and your experience on our Website by, for example, monitoring your browsing habits, or tracking your activities on the Website; or
- disclose your personal information to any third party other than as set out below:
- to Home Pros, our employees and/or third-party service providers who assist us to interact with you via our Website, email or any other method, for your use of the Fix Forward Services, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;
- to other users who are using the Fix Forward Services and who need your information in order to use the Fix Forward Services or Home Pro Services themselves;
- if you are a registered participant in the Programme, to the Trust in order for the Trust to contact the Contactor and discuss the Programme with them as well as ascertain the suitability and functionality of the Programme and the Home Pro’s participation therein;
- 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 purposes of sending you marketing material regarding any current or new services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us, possible through that same correspondence to you);
- to law enforcement, government officials, fraud detection agencies or other third parties when we believe 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 an applicable law, or to investigate violations of these Terms and/or the Website’s other policies;
- to third parties who assist Fix Forward and/or the Home Pro in the recovery and/or prosecution of any debt owed by a Client to a Home Pro, including lawyers, debt-collectors, credit bureaus and/or invoice-factoring institutions; and
- to our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services etc). However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us, not for their own benefit and under the same standards as how we operate.
We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property. In the event of a fraudulent online payment, Fix Forward 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.
How we process your personal information:
We will ensure that all of our employees, third party 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 Fix Forward’s in relation to your personal information.
- treat your personal information as strictly confidential, save where we are entitled to share it as set out in these Terms;
- take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
- provide you with reasonable access to your personal information to view and/or update personal details;
- promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
- provide you with reasonable evidence of our compliance with our obligations under these Terms on reasonable notice and request; and
- upon your request, promptly correct, return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged or entitled to retain (acknowledging that some Website and/or Fix Forward Service functionality might be lost if certain personal information is amended or destroyed).
We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period. In some circumstances, other applicable national laws require us to retain your data beyond your request for its deletion, or beyond your direct engagement with Fix Forward. As such, we may retain your personal data in adherence with compulsory instructions from other applicable national laws, notwithstanding your application to have it deleted or amended.
Fix Forward undertakes never to sell or make your personal information available to any third party other than as provided for in these Terms.
Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised 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.
Your rights in relation to your personal information processed by us:
The user is entitled to request access to any relevant personal data held by Fix Forward and where such access is necessary for you to exercise and/or protect any of the user’s rights. For any personal data held by any third party, the user must approach that third party for the realisation of the user’s personal data rights with them, and not with Fix Forward.
Users with citizenships from jurisdictions other than of South Africa, please note that Fix Forward complies with all South African data protection laws when processing your personal information pursuant to the Fix Forward Services, namely the Protection of Personal Information Act, 2013. Should foreign law be applicable in any regard to your use of the Fix Forward Services and/or the Website in any way, including how we may process your personal information, please contact Fix Forward at firstname.lastname@example.org to gladly engage you on its application and your rights.
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 Fix Forward.
Users understand that there are risks involved in sharing personal information. By disclosing personal information such as the user’s name and email address, users acknowledge and understand that this information may be collected and used by a third party to communicate with you.
By accepting these Terms, you have opted in to receive emails from Fix Forward, where your email address will be used to contact you from time to time and may also use it for security reasons to confirm your identity.
Fix Forward agrees not to use the users’ provided email address in any manner that users do not consent to nor alert any other parties of the users’ address without the user’s consent.
You have the right to opt-out of receiving email or marketing communications by following the directions posted on every email communication.
Fix Forward may use the information collected automatically, such as the user’s IP address and information stored via cookies, to gather statistics about the number of people who visit the Website and to customise the Website’s content, layout and services.
Fix Forward reserves the right to transfer your personal information in the event of a transfer of ownership, such as acquisition by, or merger with, another entity. If any acquiring entity should plan to materially change the Terms, Fix Forward will notify you beforehand.
Circumstances may arise where, whether for strategic or other business reasons, Fix Forward decides to sell, buy, merge or otherwise reorganize its business. Such a transaction may involve the disclosure of personal information to prospective or actual purchasers, or the receipt of it from sellers. It is Fix Forward’s practice to seek reasonable protection for information in these types of transactions and notify you prior to any disclosure of personal information. Such disclosure will also be subject to these Privacy terms.
Fix Forward strives to keep the user’s personal information accurately recorded. Fix Forward provides a user with the reasonable ability to review and correct it or ask for anonymization, blockage, or deletion, as applicable. Please contact email@example.com to engage Fix Forward on such actions or requests.