PRIVACY POLICY OF FLEEKER

Preamble

Your privacy is important to Fleeker. To better protect your privacy, Fleeker provides this Policy explaining its undertaking to protect your personal information. This Policy has been prepared in accordance with the laws which regulate the protection of personal information. Insofar as Fleeker may have access to personal information, Fleeker will always store and protect it and only use and disclose it in compliance with those laws. By downloading, using and enjoying the Fleeker Platform and in participating in the use of the Fleeker Platform to interact with your Beauty Stylist or Client (as the case may be), you agree to accept this Policy and to be bound by its terms and conditions. You also agree that Fleeker may receive, store, process and disclose your personal information (as defined in the Protection of Personal Information act of 2013) as provided for in this Policy and in accordance with data protection lawas that may apply from time to time in the Republic of South Africa.



Personal Information

This Policy applies to all information provided by you and collected through your use of the Fleeker Platform which includes:

Personal information your provide:



• your name, address, mobile phone number, age, and any information which you provide to Fleeker upon creating your unique Fleeker profile; your habits and preferences relating to rendering of the services in terms of the Fleeker Platform; • names and contact information from your address book or any application on your mobile phone which we may reasonably require to provide or enhance our services; • information relating to how and when you use the Fleeker Platform, the specific settings that you choose within the Fleeker Platform, system activities and cookies; • information relating to your mobile phone, including the hardware and software specifications of the mobile phone and call and text message data within the Fleeker Platform; and any other personal information. • any other personal information you share upon signing up or in using the Platform; and/or • any and all information provided to Fleeker by any beauty institution through an API or any other means, for the purpose of assisting the student in finding clients.



Personal information automatically collected from you when using the Platform or services:

• information relating to how and when you use the Fleeker Platform, the specific settings that you choose within the Fleeker Platform, system activities and cookies; • information relating to your mobile phone, including the hardware and software specifications of the mobile phone and call and text message data within the Fleeker Platform; and any other personal information; • Geo-locationary Information (information about your precise or approximate location as determined through data such as your IP address or mobile device’s GPS to offer you an improved user experience); • Platform Usage Information (information we collect about your interactions with the Platform such as the pages or content you view, your searches for Listings, bookings you have made, and other actions on the Platform); • Technical Data, Log Data and Device Information (automatically-collected log data and device information when you access and use the Platform, IP address, access dates and times, hardware and software information, device information, device event information, unique identifiers, crash data, cookie data, and the pages you’ve viewed or engaged with before or after using the Platform); and • Cookies and Similar Technologies (certain information collected by automated means using technologies such as cookies, web beacons, pixels, browser analysis tools, server logs, and mobile identifiers).



Use of Personal Information

Fleeker may use and disclose your personal information in the following manner: where you are the Client booking a service , by disclosing to the Beauty Stylist of the residential premises if reaquested a house call, other service providers and bankers, personal information which comprises your unique Fleeker profile, as determined by Fleeker;
where you are the Beauty Stylist, by disclosing to Clients booking your services, other service providers and bankers, personal information, which comprises your unique Fleeker profile, as determined by Fleeker;
by the use of your email address and/or mobile phone number to contact you from time to time relating to promotions and offers, to send you notifications and for security reasons;
to aggregate statistics and data about the use of the Fleeker Platform and/or to customise the Fleeker Platform’s content, layout and services;
by the aggregation of your personal information with other people’s personal information to create and disseminate, as Fleeker considers appropriate, as aggregated data without specific identification or your unique personal data;
to Beauty Stylists where it is required for them to make contact with a Client who has shown interest in the Beauty Stylist’s serivices, especially in relation to Mobile Stylists where your booking information is shared to that Stylist;
by the transfer of your personal information about the use of the Fleeker Platform to its advertising partners and other third parties. This personal information may be used to conduct credit assessments for purposes of verifying your ability to fulfil financial obligations, provide advertising, promotions or other products and services that may be of particular interest to you. Fleeker undertakes to, but cannot guarantee that it will, ensure that its advertising partners and other third parties receive and collect information in accordance with the laws which regulate the protection of personal information, however you acknowledge that we cannot guarantee this.
You may at any time on written notice to Fleeker, require that it does not disclose your personal information in the manner contemplated above, in which case Fleeker will not do so, but in which case Fleeker may, on the basis of operational requirements, preclude your use of the Fleeker Platform.

The Fleeker Platform will facilitate that you may access, review, correct and/or delete certain of your personal information stored by Fleeker. When you do so, Fleeker will take reasonable steps to verify your identity, such as requiring a username and password, before granting access to your personal information.
Fleeker agrees not to use your contact information in any manner that you do not consent to as contemplated in this Policy or otherwise, but in which case Fleeker may, on the basis of operational requirements, preclude your use of the Fleeker Platform.
You may opt out of receiving promotional communications from Fleeker, but you may still receive non-promotional communications from Fleeker relating to your account and services provided to you.
Fleeker will disclose your personal information if it reasonably believes that it is required to do so by law or to protect the rights and property of Fleeker or the public. Fleeker may also co-operate with law enforcement in any official investigation and it may disclose your personal information to the relevant authority in doing so. You acknowledge and give your consent that this includes sharing your personal information with any insurer or other interested party in the event that there is any complaint, dispute, conflict, loss or damage arising from your use of the Fleeker Platform.
Fleeker reserves the right to transfer your personal information in the event of a transfer of ownership of Fleeker, or that part of its business which includes the Fleeker Platform.
Fleeker undertakes to use appropriate commercial endeavours to, but cannot guarantee that it will, store your personal information securely to maintain its confidentiality, prevent unauthorised access, maintain data accuracy, and ensure the correct use of your personal information.



Amendments to this Policy

Fleeker may amend this Policy from time to time to have regard for changes in the law and in accordance with Fleeker’s requirements. Fleeker will notify you via the Fleeker Platform or other electronic communication platforms of any updates and amendments. It is important that you review this Policy regularly so that you are aware of any amendments.



Governing Law

This Policy is governed by the law of the Republic of South Africa and any legal action instituted in connection with this Policy ought to be instituted in the Republic of South Africa.



Contact Us

If you have any questions or comments about this Policy, please contact Fleeker via its website.

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TERMS AND CONDITIONS

APPLICABLE TO THE USE OF THE FLEEKER WEB-BASED COMPUTER APPLICATION

(“the Fleeker Platform”)

PREAMBLE

The terms and conditions set forth below apply to your use of the Fleeker Platform and by downloading and using the Fleeker Platform to receive services from Fleeker and/or via the Fleeker Platform, you agree to be bound by these terms and conditions.


The Fleeker Platform may only be used in accordance with these terms and conditions.


For your convenience, certain terms and phrases have been defined, and you will find those defined terms and phrases at the end of these terms and conditions.


USE OF THE FLEEKER APP

Fleeker grants to you the right to download, use and enjoy the Fleeker Platform in the Republic of South Africa on a mobile device or internet-enabled device that you own or control, in accordance with these terms and conditions.



Fleeker grants to you the right to download, use and enjoy the Fleeker Platform in the Republic of South Africa on a mobile device or internet-enabled device that you own or control, in accordance with these terms and conditions.



The right to download, use and enjoy the Fleeker Platform is not granted exclusively to you. It is granted to you for your personal use only, and you will not be entitled to transfer or sub-licence the use and enjoyment of the Fleeker Platform in any way, either in whole or in part, to any other person.
You may not, nor may you attempt to, modify, de-compile, dissemble or otherwise reverse engineer the Fleeker Platform.
Save for the limited rights provided to you in terms of these terms and conditions, you acquire no other rights whatsoever in the Fleeker Platform.
The Fleeker Platform, its software and operating systems, trademarks, copyrights, database of data and other intellectual property rights that relate to the Fleeker Platform are owned by Fleeker and/or by such licensor thereof as Fleeker has received rights under licence. The intellectual property will never become owned by you.
When you use the Fleeker Platform, you consent to receiving communications from Fleeker, in whatever form Fleeker deems appropriate, including by telephone, short messaging services, electronic communication platforms and electronic mail.
You acknowledge that in order to use the Fleeker Platform you will be required to complete Fleeker’s online Profile application in respect of either Beauty Stylists or Clients. You may only hold one Profile and that Profile may only be used by you for your own account.
You must notify Fleeker immediately should any information which is recorded in your Profile change and you warrant that the information will remain accurate for the duration of your access to or use of the Fleeker Platform.
You acknowledge that you are responsible for all activity and resultant costs on your Profile and you agree to maintain the security and secrecy of your Profile username and password at all times. We will not be liable in any way for any loss or harm you suffer as a result of a breach of your responsibility to maintain the security and secrecy of these details.
Whilst Fleeker tries to manage the Platform and items thereon, we are not responsible for the complete verification or information detailed of any listings and/or locations made available by Beauty Stylists or our partners. Users must confirm all such information about a location/listing with the relevant third-party provider when engaging with them, including with our listed partners that we work with.
Fleeker is in no way affiliated with the Beauty Institutions (where they remain independent user on the Platform) unless explicitly specified otherwise on the Platform or through our advertising, where same relationship is not exclusive at any time.
Fleeker will have the right in its sole and unfettered discretion to suspend or terminate your Profile, in which event your right to use the Fleeker Platform will be suspended or terminated, as the case may be.
Fleeker undertakes to process and store your information contained on your Profile in accordance with law and will take reasonable steps to secure and protect your personal information.
You acknowledge and consent to your User Data being disclosed to Beauty Stylists, Clients or any third party for the purposes of managing the booking process , providing related services or for any other lawful purpose.
You also acknowledge and consent to Fleeker disclosing your User Data to any insurer, applicable regulator or other interested party in the event that there is any complaint, dispute, conflict, loss, damage, death or injury arising from your use of the Fleeker Platform.



PLATFORM AND SERVICE FUNCTIONALITY

General service detail: The “Book It” platform on the Fleeker Platform enables Users to upload personal information, to book Beauty Stylists services, to arrange a place of meeting with Stylist, to interact with the stylists in order to conclude the booking process, to manage the payment of Service and other services related to getting a service from the Beauty Stylist.
Specific service detail: The Platform allows users to ‘book’ for a specific service , after which Fleeker will send the booking user’s information directly to that Beauty Stylist, in order for that Beauty Stylist to get in touch with the booking user.
This method provides Beauty Stylists with booking Clients who are most suitable for their service offerings, without the Beauty Stylist having to search for same Beauty Stylists themselves!
Whilst a Client’s use of the Platform and Services are free, in consideration for the use of the website and Fleeker services, Beauty Stylists will pay a facilitation fee to DigsConnect equating to 10% of the gross value of the service the Beauty Stylists displays on the website.

”Users explicitly understand and agree that Fleeker and the Platform operate as a facilitation and advertisement platform only, where any formal engagement or negotiation relating to the service rendered is exclusively the responsibility and liability of the Beauty Stylist and Client.

Beauty Stylists may have an opportunity to rate their Clients and to provide any additional feedback relating to the use of the Fleeker Platform.
Clients may have an opportunity to rate their Beauty Stylists and the Listed Services and to provide any additional feedback relating to the use of the Fleeker Platform.
Any complaints or queries relating to the Fleeker Platform can be sent to Fleeker’s support team, which you can contact via the Fleeker Platform.



FACILITATION FEE DUE TO FLEEKER

Once a booking has been privately concluded between a Beauty Stylist and Client, Fleeker will contact the Beauty Stylist and Client with an invoice for the facilitation fee, if Client pays online Fleeker is entitled to take the fee automatically,if cash payemt is made the Beuaty Stylist must pay to Fleeker within 30 (thirty) days of the invoice’s receipt and into the Fleeker bank account nominated on the Fleeker invoice provided .
We make use of Fast Pay in order to process payments. You acknowledge that you may not hold us liable in respect of any claim of whatsoever nature and however arising for any loss or harm you may suffer because of Pay Fast.

FURTHER CONDITIONS OF SERVICE

Beauty Stylists expressly understand and agree that they are exclusively responsible for identifying, understanding, and complying with all applicable laws, rules and regulations that apply to making their private services available on the Fleeker Platform and to private clients.

Beauty Stylists expressly understand and agree that they are exclusively responsible for identifying, understanding, and complying with all applicable laws, rules and regulations that apply to making their services available on the Fleeker Platform and to private clients.


If you as Client or Beauty Stylist have any queries or confusion about how or which laws may apply to your supply or receipt of such services from other users, you should always seek legal guidance.

NO CIRCUMVENTION OF SERVICES AND WEBSITE

Fleeker expends great effort and time in ensuring that all users of the platform act as they are required and according to our strict terms, for the benefit and safety of all parties. This ensures that users have as safe, secure and transparent service-experience as possible. If users try to operate outside of the terms and prescripts of the Services/Website, they may experience a range of unpredictable and undesirable results for which Fleeker will accept no liability.


Accordingly, for the benefit of all users and the integrity of the Fleeker Services and Website, all users expressly understand and agree that no user may circumvent or attempt to circumvent Fleeker and the Services by providing their own equitable or other related services with the negligent or purposeful intention to bypass Fleeker and/or the Services for a user’s private benefit to the detriment of Fleeker. This includes Beauty Stytlists and Clients contacting each other or contracting with each other outside of the prescribed processes and allowances required by the Services/Website. Should any user be found, or reasonably be suspected, to be operating as specifically prohibited in these terms, including the prohibited circumvention detailed above, same action immediately constitutes an automatic material breach of these terms by the relevant user, allowing Fleeker to manifest its full range of legal rights against the infringing user, including suing the infringing user for direct and consequential damages suffered due to the prohibited circumvention.

SPECIFIC USER WARRANTIES

When using the Platform and/or Services, all users explicitly warrant that they will:

• not engage in offensive, violent, sexual, disturbing or other inappropriate behaviour on the Platform or in any engagement between users; • report any theft or criminal conduct perpetrated against them to the relevant authorities and Fleeker (where you understand and agree that Fleeker is under no obligation to perform any further action in this regard); • not at any time whilst using the Services and/or Website, circumvent or attempt to circumvent Fleeker and the Services by providing their own equitable or other related services with the negligent or purposeful intention to bypass Fleeker and/or the Services for a user’s private benefit to the detriment of Fleeker; • use the Platform and Fleeker services on the basis of understanding that Fleeker is not a salon or Beauty Stytlist in any way, where all liability and responsibility relating to the nooking relationship between Beauty Stylist and Client rests with those users exclusively; • not use the Platform or services for any commercial or in a way to otherwise mislead others as to your relationship with Fleeker; • not process any other user’s personal information, derived from the Platform in any way without that user’s express consent to do so, or that otherwise violates the Fleeker Privacy Policy or the privacy rights of users or third parties; • not use the Platform for any unauthorised use, such as for the facilitation of any illegal or undesirable activity including illegal practices, transactions or the distribution of unsolicited marketing (i.e. spam marketing); • not contact another user for any purpose other than asking a question related to a relevant service, their own booking/listing, or the other user’s use of the Platform (including prohibited engagements related, but not limited to, recruiting or otherwise soliciting any users to join third-party services, applications or websites); • not use the Platform to circumvent Fleeker in trying, requesting, making or accepting a booking outside and exclusive of the Platform, to Fleeker’s detriment; • not discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behaviour; • not use DigsConnect’s intellectual property without Fleeker's prior express written permission; • always engage with Fleeker and other users in good faith and for the mutual benefit of all involved parties as far as possible; • not use any automated means or processes to collect or process any restricted information which they may have access to via the Platform, or attempt to avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Fleeker or any of Fleeker’s providers or any other third party to protect the Platform; • not perform any act that can or does damage or negatively affect the performance or proper functioning of the Platform in any way; and

REFUNDS FOR FLEEKER SERVICES


All conditions relating to refunds between parties, whether between Fleeker and a user, or between users, are explained in our comprehensive Refund Policy, which is incorporated into these Terms by reference.


As such, please consult the Refund Policy for all details as to:

• What constitutes grounds for a refund, • When refunds from Fleeker are possible and when they are only available between relevant Client and Beauty Stylist; • How to apply for a refund, and • What specific steps are required to be taken by a Beauty Stylist and/or Client in a refund circumstance.

ADDITIONAL SERVICES

Fleeker will prescribe a fee payable by the Beauty Stylist to Fleeker for any additional services, which will be paid into Fleeker’s prescribed banking account.

THIRD PARTY LINKS TO PLATFORMS

To assist Beauty Stylists in finding improving their skills, Fleeker has helpful software interfaces with some Beauty institutions’ websites (institutions with whom we have an authorised application interface), where if a student clicks ‘I wan to offer ,obile services’ on that institution’s website, the student automatically gets a Fleeker account, which they shall be notified of via email, and will have various steps to follow suggested to them by Fleeker.


Users may then choose to retain or reject same Fleeker account, where if accepting, the user will then need to accept Fleeker’s various terms and policies and will be deemed to then expressly understand and consent to their personal information being processed by Fleeker as attained from the relevant institution.


DISCLAIMER AND INDEMNIFICATION


Fleeker is not a salon as defined by the Republic of South Africa. Nothing in these Terms and Conditions is intended to nor will it establish any relationship of partnership, joint venture, employment, agency or any similar relationship between Fleeker and the Beauty Stylists or between Fleeker and the Client. Fleeker receives data and services from sources which are not connected to it, nor subject to its control. Fleeker and the participants in its supply chain rely on internet connectivity and electronic communications, and are susceptible to all the vagaries inherent in that form of connectivity and communication. Whilst Fleeker will take reasonable steps to create a stable and accessible electronic platform by way of the Fleeker Platform, it does not represent or warrant, whether express or implied, that the platform or the data aggregated therein will be free of instability or error. Neither Fleeker nor its proprietor or any of their officers or employees will be liable for any interruption or delay in the use of the Fleeker Platform, any interception in communications or corruption of data (including User Data) or systems, any transfer of computer viruses, any error or misstatement in relation to any data (including User Data), any incompleteness in relation to data (including User Data), any improper or inapplicable use to which any data is put, any claim or loss of any nature relating to or arising from the download, installation, access to or use of the Fleeker Platform or any data (including user data) aggregated within or processed by the Fleeker Platform. To the fullest extent permitted by law, you waive any claim which you may have against Fleeker, its officers and employees and you hold Fleeker harmless and indemnify it against any such claim, including but not limited to reputational damage, bodily injury, death, theft, loss, damage to property (including direct, indirect, special or consequential damages), costs (including but not limited to legal costs) and claims arising from or related to your use of the Fleeker Platform. Fleeker will do its best to, and will take all reasonable steps to, monitor, flag and address suspicious and/or inappropriate behaviour. Fleeker has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other User Content, or (iii) the performance or conduct of any User or third party. Fleeker does not endorse any User or Listing. Any references to a User being "verified" (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Fleeker about any User or Beauty Stylist including of the User's or Beauty Stylist's identity or background or whether the User or Beauty Stylist is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to meet up with stylist or not, communicate and interact with other Users or Beauty Stylists, whether online or in person. Images are intended only to indicate a photographic representation of a Service at the time the photograph was taken, and are therefore not an endorsement by Fleeker of any User or Beauty Stylist or Listing.

GENERAL PROVISIONS

Fleeker, or any party from whom it receives any element of the Fleeker Platform, may from time to time improve, upgrade or enhance the Fleeker Platform, in which event, the Fleeker Platform thus improved or enhanced will be the subject of these terms and conditions.


Fleeker may from time to time activate temporary marketing campaigns for the Fleeker Platform. In this event, additional terms and conditions will be disclosed to you and shall be deemed to be a part of these terms and conditions. The obligation is therefore on you to review these terms and conditions at regular intervals.


These terms and conditions will apply to each Booking between a Beauty Stylist and a Client.


Fleeker will be entitled to amend any provision of these terms and conditions from time to time without notice to you. Any amendment to these terms and conditions shall be effective when uploaded by Fleeker to its website and/or the Fleeker Platform. Your continued access to or use of the Fleeker Platform will be deemed to be your acceptance of these terms and conditions, as amended. It is important that you review these terms and conditions regularly so that you are aware of any amendments.The law of the Republic of South Africa will be used in the interpretation and enforcement of these terms and conditions.


If any provision of these terms and conditions is found by a court to be invalid, void or unenforceable, the remaining provisions shall remain in full force and effect.


No failure on the part of Fleeker to exercise, and no delay by Fleeker in exercising, any right under these terms and conditions will operate as a waiver of that right, nor will any single or partial exercise of any right under these terms and conditions preclude any further or other exercise of that right nor act to the exclusion of any other right.

Fleeker is in no way affiliated with the beauty institutions unless specified implicitly on the website or through our advertising.

DEFINITIONS

Additional Services: The provision of priority listings to Beauty Stylists, photographing services for purposes of advertising on the Fleeker Platform and any other additional services offered by Fleeker from time to time.

Fleeker: Fleeker (Proprietary) Limited, a private company registered in the Republic of South Africa with registration no. 2018/377554/07.

The Fleeker Platform: The Beauty Stylist and Client facilitation mobile web-based computer application, software and other components.

Beauty Stylist: Anyone listing serivces on the platform.

Booking: The agreement of rendering of service concluded between the Beauty Stylist and the Client.

Service: The offering which is advertised on Fleeker.

Profile: A profile allocated to each Beauty Stylist and Client by the Fleeker Platform, which records the User’s name, address, mobile phone number, age, preferred method of payment of the Service and any further information which Fleeker may require from time to time.

Refund Policy: The separate policy from Fleeker incorporated herein by reference, explaining how refunds shall operate between users and Fleeker, and between users.

Price:The amount payable by the Client to the Beauty Stylist in terms of the service displayed.