PRIVACY POLICY

PayGenius (Pty) Ltd trading as PayGenius, registration number 2008/022833/07 (“PayGenius”, “we”, “us” or “our”) is committed to ensuring the protection of the privacy of all visitors (“Visitors”) to our website and any related mobi-sites or software applications which are accessible at www.paygenius.co.za (the “Website”), payment platform (“Platform”) and mobile application (“App”), as well as all persons (“Customers”) who have subscribed to any of the services we offer (“Services”), whether they be ‘PayGenius Wallet’ users (“Wallet Users”) or payment receivers (“Merchants”).

If you have questions or complaints regarding our privacy policy or practices, please contact us by telephone on +27 (0)21 201 6890 (PayGenius) or email us at support@paygenius.co.za. This privacy policy (“this Policy”) describes the ways in which we collect, store, use and protect the personal information of our Visitors and Customers. Throughout this Policy, we use the term “personal information” to describe information that can be associated with a specific person and can be used to identify that person. We do not consider personal information to include information that has been made anonymous so that it does not identify a specific person.

It is important that you read this this Policy with read with our Website Terms and any additional terms and conditions and policies incorporated in this Policy by reference. Each Wallet User and Merchant needs to accept all the provisions in this Policy when he/she/it signs up for any of our Services. If you do not agree with anything in this Policy, then you may not register and/or use any of the Services.

You may should not access the Website, App or Platform or use the Services if you are younger than 18 years old or do not have legal capacity to conclude legally binding contracts. Unless we clearly state otherwise when providing certain Services, we do not have any intention of collecting or processing any personal information from individuals under 18 years of age.

By accepting this Policy, accessing our Website or using our Services, you are regarded as having read and agreed with this Policy.

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1 CHANGES TO PRIVACY POLICY

We may amend this Policy at any time by posting a revised version on our Website. The revised version will apply to Visitors with effect from the time we post it. However, as regards Customers, the following will apply:

1.1 we will provide Customers with at least 30 days’ prior notice of any such revision by posting notice of the change in the “Policy Updates” page of the Website and, subject to 1.2 below, the revision will then apply to Customers with effect from the date indicated in such notice, provided that if a Customer is not happy with the revisions made, he/she/it shall be entitled to terminate the Services subscribed for;
1.2 any revisions so made during the fixed initial period of any Service subscribed for by a Customer (if applicable) will only apply to such Customer after the expiry of such initial period.

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2 GENERAL INFORMATION ABOUT EVERYONE

2.1 Types of Information we collect
As a Visitor, Wallet User or Merchant, you agree that we may electronically collect, store and use the following of your information for the purposes set out in clause 2.3 below:
2.1.1 internet usage information, including your Internet Protocol address (“IP Address”), browsing habits, click patterns, unique user ID, version of software installed, system type, screen resolutions, color capabilities, plug-ins, language settings, cookie preferences, search engine keywords, JavaScript enablement, the content and pages that you access on the Website, App or Platform, and the dates and times that you visit the Website, App or Platform, paths taken, and time spent on sites and pages within the Website, App or Platform (“Usage Details”); and
2.1.2 additional information you may provide on a voluntary basis, such as demographic information or information related to your favorite social networking site (e.g. the site name, address and description), or information relating to your participation in competitions, promotions, surveys, and/or additional services (“Optional Details”).

2.2 How we collect such information
2.2.1 Voluntarily provided by you: Optional Details may be submitted by you to us if you decide to upload or download certain content (or products) from the Website, App or Platform, enter competitions, take advantage of promotions, respond to surveys, register and subscribe for certain additional services, or otherwise use the optional features and functionality of the Website, App or Platform.
2.2.2 Automatically gathered via various technologies:
2.2.2.1 “Cookies” Information: When you access the Website, App or Platform, we may send one or more cookies (small text files containing a string of alphanumeric characters) to your computer to collect certain Usage Details. PayGenius may use both session cookies (which disappears after you close your browser) and persistent cookies (which remain after you close your browser which can be removed manually) and may be used by your browser on subsequent visits to the Website, App and Platform. Please note that the use of cookies is standard on the internet and many major websites use them. Please review your web browser “Help” file to learn more about modifying your cookie settings.
2.2.2.2 Other tracking technology: When you access the Website, App or Platform or open one of our HTML emails, certain Usage Details may be automatically collected and recorded by us from your system by using different types of tracking technology.
2.2.2.3 Web Beacons: Our Website may contain electronic image requests (called a “single-pixel gif” or “web beacon” request) that allow us to count page views and to access cookies. Any electronic image viewed as part of a web page (including an ad banner) can act as a web beacon. Web beacons are typically 1-by-1 pixel files (so small that you would likely not realize that they are there), but their presence can usually be seen within a browser by clicking on “View” and then on “Source.” We may also include web beacons in HTML-formatted newsletters that we send to opt-in subscribers in order to count how many newsletters have been read. PayGenius web beacons do not collect, gather, monitor or share any personally identifiable information about our Customers, they are just the technique we use to compile anonymous information about the Website and Service usage.

2.3 The purpose for which we collect this information
2.3.1 We may use any Optional Details provided by you for such purposes as indicated to you at the time you agree to provide such Optional Details.
2.3.2 We may use your Usage Details to:
2.3.2.1 automatically provide you with the latest version of the PayGenius application on your system;
2.3.2.2 remember your information so that you will not have to re-enter it during your visit or the next time you access the Website, App or Platform;
2.3.2.3 monitor aggregate Website usage metrics such as total number of visitors and pages accessed; and
2.3.2.4 track your entries, submissions, and status in any promotions or other activities in connection with your usage of the Website, App or Platform.
Please note: Some of our business partners (e.g. advertisers or platform providers) use their own cookies and/or widgets on our Website and PayGenius has no access to or control over such cookies or widgets. (Widgets are interactive mini-programs that run on our Website to provide specific services from another company (e.g. displaying the news, opinions, music, etc) and these widgets may collect certain of your personal information (e.g. your email address). Cookies may also be set by the widget to enable it to function properly.) Information collected by any such cookie or widget is governed by the privacy policy of the company that created it, and not by PayGenius. This Policy covers the use of cookies by PayGenius only and does not cover the use of cookies or widgets by any third party advertisers or partners on the Website.
2.3.2.5 We use information from our affiliates to supplement information you have provide to us, provide joint content and services like registration, transactions and customer support, to help detect and prevent potentially illegal acts and violations of our policies, and to guide decisions about their products, services and communications.

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3 INFORMATION ABOUT WALLET USERS

3.1 Types of information we collect about Wallet Users
If you are a Wallet User, you agree that we may also electronically collect, store and use the following of your information:
3.1.1 name and surname, birth date, identity number and/or passport number, gender, country of residence, and nationality (“Personal Details”);
3.1.2 e-mail address, mobile number, and credit card billing address (“Contact Details”);
3.1.3 the credit card number, cardholder name and expiration date you submit to PayGenius in respect of your credit card(s), in accordance with the Wallet User Agreement (“Card Details”);

3.2 How we collect information about Wallet Users
PayGenius collects the aforesaid information from you in the following manner:
3.2.1 User-provided Information: Your Personal Details, Contact Details and Card Details will provided by you directly to us during your registration as a Wallet User and/or thereafter by your actively updating or supplementing such details in your Wallet User Account.
3.2.2 Merchant-provided information: During your registration as a Wallet User, we may collect from the person you wish to pay via the internet using the Services (such person hereinafter referred to as a “Merchant”), such of your Personal Details, Contact Details and/or Card Details as you may have already submitted to such Merchant, without you having to re-enter such information. However, prior to doing so, we shall notify you thereof and request your consent thereto.

3.3 The purposes for which PayGenius collects the information
PayGenius uses the information that Wallet Users provide (or that we collect) to operate, maintain, enhance, and provide all of the features of the Services, and as may be necessary to comply legally as a payment service provider. More specifically:
3.3.1 We use your Card Details in order to provide the Services (including the verification thereof when you transact with Merchants) and, should fees be charged for some of the Services and you have selected a credit card as your means of payment therefor, to debit such credit card for such fees owed by you.
3.3.2 We use your Personal Details to greet you when you access your Wallet User Account, to manage and administer your use of the Services and fulfill our contractual obligations, including by verifying your identity when you transact with a Merchant. We may also share your Personal Details with the platform provider via which you agreed to sign up for a PayGenius Wallet, even if such sign up occurred on our Website.
3.3.3 We use your Contact Details to verify your identity and to inform you of facts relating to your use of the Services (e.g. notifications regarding major updates or content you have posted or downloaded from the Website or Platform, customer service notifications, and to address copyright infringement or defamation issues) as well as to inform you, subject to obtaining your prior consent, of competitions, promotions and special offers from us and/or our partners and/or affiliates.

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4 INFORMATION ABOUT MERCHANTS

4.1 Types of information we collect about Merchants
If you are a Merchant, you also agree that we may electronically collect, store and use the following of your information:
4.1.1 If you are an individual, your full name/s, birth date, identity number and/or passport number, gender, country of residence, and nationality (“Personal Details”);
4.1.2 If you are a legal entity, your full name, registration number, country of incorporation (“Corporate Details”), and the Personal Details of all your directors and/or office bearers;
4.1.3 e-mail address, mobile number, and such other contact details as provided in the Merchant Application Form (“Contact Details”);
4.1.4 your bank account details (“Bank Account Details”).

4.2 How we collect information about Merchants
You provide the aforesaid information directly to PayGenius in the Application Form you submit to PayGenius during your registration as a Merchant and thereafter should you actively update or supplement such details in your Merchant Account.

4.3 The purposes for which PayGenius collects the information
PayGenius uses the information that Merchants provide to operate, maintain, enhance, and provide all of the features and Services provided to Merchants and as may be necessary to comply legally as a payment service provider. More specifically:
4.3.1 We use your Banking Details and Corporate Details (or Personal Details, as the case may be) in order to provide the Services and fulfill our contractual obligations, including by verifying your identity and your bank account information when transaction with a Wallet User, the payment to you of funds due to you, or debiting of fees due by you.
4.3.2 We use your Contact Details to verify your identity and to inform you of facts relating to your use of the Services (e.g. notifications regarding scheduled system maintenance or downtime, major updates, customer service notifications, and to address copyright infringement or defamation issues) as well as to inform you, subject to obtaining your prior consent, of competitions, promotions and special offers form us and/or our partners and/or affiliates.

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5 HOW WE PROTECT & STORE PERSONAL INFORMATION

5.1 We store and process the personal information of our Wallet Users, Merchants and Visitors on our computers in South Africa, and we protect it by maintaining physical, electronic and procedural safeguards in compliance with applicable Payment Card Industry Data Security Standards (PCI DSS). We use computer safeguards such as firewalls and data encryption, we enforce physical access controls to our buildings and files, and we authorize access to personal information only for those employees who require it to fulfill their job responsibilities.

5.2 You should not divulge your account password to anyone. PayGenius will never ask you for your password in an unsolicited telephone call or e-mail. YOU ARE RESPONSIBLE FOR MAINTAINING THE SECRECY OF YOUR UNIQUE PASSWORD AND ACCOUNT INFORMATION AT ALL TIMES.

5.3 If you are a legal entity and not an individual, we will liaise only with your named contact or alternative contact provided by your named contact. It is your responsibility to let us know of any changes to your named contact.

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6 HOW WE SHARE PERSONAL INFORMATION WITH OTHERS

6.1 We may share your personal information with:
6.1.1 PayGenius Merchants, as described in clause 7 below, if you are a Wallet User;
6.1.2 the persons making payment to you, if you are a Merchant;
6.1.3 service providers under contract who help with parts of our business operations (fraud prevention, bill collection, marketing, technology services). Our contracts dictate that these service providers only use your information in connection with the services they perform for us and not for their own benefit;
6.1.4 financial institutions that we partner with to jointly create and offer products and services. These financial institutions may only use this information to market PayGenius related products, unless you have given consent for other uses;
6.1.5 credit bureaus to report account information, as permitted by law;
6.1.6 banking partners as required by credit card association rules for inclusion on their list of terminated merchants (in the event that you utilize the Services to receive payments and you meet their criteria);
6.1.7 companies that we plan to merge with or be acquired by. (Should such a combination occur, we will require that the new combined entity follow this Policy with respect to your personal information. If your personal information could be used contrary to this Policy, you will receive prior notice);
6.1.8 Law enforcement, government officials, fraud detection agencies or other third parties when –
6.1.8.1 we are compelled to do so by a subpoena, court order or similar legal procedure;
6.1.8.2 we need to do so to comply with any law; and/or
6.1.8.3 we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of our User Agreement (if you are a Wallet user) our Website Terms, or our General Terms;
6.1.9 other third parties, with your consent or direction to do so.

6.2 PayGenius will not sell or rent any of your personal information to third parties for their marketing purposes and only shares your personal information with third parties as described in this Policy. Note however that if you open a PayGenius Account directly on a third party website or application, any information that you enter on that website or application (and not directly on our Website) will be shared with the owner of the third party website or application.

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7 HOW WE SHARE WALLET USERS’ PERSONAL INFORMATION WITH MERCHANTS

7.1 To process Wallet Users’ Card payments, we may need to share the Card Details with the relevant Merchants to be paid.

7.2 If you are buying goods or services and pay through our Service, we may also provide the Merchant with your credit card billing address to help complete your transaction. The Merchant is not allowed to use this information to market their services to you unless you have agreed to it.

7.3 We work with Merchants to enable them to accept payments from you using the PayGenius Services. In doing so, a Merchant may share information about you with us (e.g. email address) when you attempt to pay that Merchant. We use this information to confirm to the Merchant that you are a Wallet User and that the Merchant should accept payment for your purchase via your PayGenius Wallet. Also, if you request that we validate your status as a Wallet User with a third party, we will do so.

7.4 Please note that Merchants you buy from and contract with have their own privacy policies, and PayGenius may not be held responsible for their operations, including, but not limited to, their information practices.

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8 HOW TO ACCESS, CHANGE OR DELETE YOUR PERSONAL INFORMATION

8.1 You can review and edit any of your personal information at any time by signing in to your Dashboard and clicking the My Profile and Settings sections of the menu.

8.2 You also have the right to request access to your personal information, provided you provide us with proof of identity in a form acceptable to us. You may request that we (i) confirm, free of charge, whether or not we hold personal information about you; and (ii) provide you with record or a description of the personal information we hold about you, including information about the identity of all third parties, or categories of third parties, who have, or have had, access to the information, and we will do this within a reasonable time; at a prescribed fee; in a reasonable manner and format; and in a form that is generally understandable.

8.3 Deleting your information:
8.3.1 Mobile App: Should you decide to delete your account/profile and related information from the App, you may do so by deleting the App from your device(s). You understand that by deleting the App, your profile/account details including any saved information, and any promotional offers received by you, will be no longer retrievable/accessible or editable by you. However, we make no representations or warranties that content or actions previously posted or embedded onto the App by you will be removed by a deletion of the App.
8.3.2 Website account: you may request that your account is deactivated by emailing us on accounts@paygenius.co.za.
8.3.3 Please note: Even after you have removed the App or requested that we deactivate your account on the Website, copies of that information may remain viewable elsewhere, to the extent it has been shared with others, it was otherwise distributed pursuant to User’s privacy settings, or it was copied or stored by other users, our merchants, and partners.

Certain information may be retained for legal purposes and will only be held for so long as required by applicable law.

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9 NON-PERSONAL INFORMATION

Notwithstanding anything contained in this Policy regarding your information, the following information is not regarded as personal information for purposes of this Policy:

9.1 Permanently de-identified information that does not relate and/or cannot be traced back to you specifically. We may compile, use, share and otherwise process such information as we deem fit.

9.2 Non-personal statistical information collected and compiled by us. We own and retain all rights in such information.

9.3 Information which you have provided voluntarily in an open, public environment or forum including (without limitation) any blog, chat room, albums, community, classifieds or discussion board. Because the information has been disclosed in a public forum, it is no longer confidential and does not constitute personal information subject to protection under this Policy. Since such public environments are accessible by third parties, it is possible that third parties may collect and collate and use such information for their own purposes and you should accordingly be careful when deciding to share any of your personal information in such public environments.

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10 YOUR CONSENT TO THE PROCESSING OF YOUR PERSONAL INFORMATION

By accepting this Policy, you consent to our collection, storage, processing and disclosure of your personal information as described in this Policy, for so long as you are a registered Customer of our Services. Should you terminate your registration with us and close your Account, you consent to our retention of the information we have already collected from you for record-keeping purposes only in accordance with applicable law.

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11 HOW YOU CAN CONTACT US ABOUT PRIVACY RELATED QUESTIONS

If you have questions or concerns regarding this Policy, or you are aware that a minor under the age of 13 has provided us with personal information, you should contact us by using the contact us link in any of the PayGenius pages or phoning us on +27 (0)21 201 6890 (PayGenius) for international/local calls or mailing us at FSATLabs, Mayfair building, Bloc C, Century way, Century City, 7441, South Africa, or via email at support@paygenius.co.za.

WEBSITE TERMS AND CONDITIONS

Your use of the Website (as defined below) is subject to these terms and conditions (“Website Terms“). You must read these Website Terms carefully before using this Website as your continued use of this Website will signify that you have accepted them. You should pay special attention to the parts in bold as they have especially important consequences for you. For example, they may limit the risk or liability of PayGenius or a third party, may create risk or responsibility for you, compel you to indemnify PayGenius or a third party or, serves an acknowledgement of fact by you.

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1. WHAT DO THESE WEBSITE TERMS REGULATE?

1.1 Thank you for visiting our Website. Whether you are a guest, a registered PayGenius merchant or a PayGenius Wallet user, these Website Terms (together with all documents referred to in it) tells you the terms of use on which you may use PayGenius (Pty) Ltd (“PayGenius”, “we”, our” or “us”) website, any related mobi-sites or software applications which are accessible at www.paygenius.co.za (“Website“).

1.2 The use of our Website includes accessing, browsing, linking or downloading any information made available on our Website (“Content”), and using any of our services made available on our Website (“Services”).

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2. YOUR AGREEMENT TO THESE WEBSITE TERMS AND ADDITIONAL TERMS

2.1 Your access and continued use of our Website, Content or our Services means that you agree to enter into a legally binding contract with us upon these Website Terms.

2.2 These Website Terms also refer to the following additional terms and conditions and PayGenius policies, which also apply to your use of our Website and certain of our Services:
2.2.1 if you are a business, such as a PayGenius merchant who has subscribed for any of our payment solutions (“PayGenius Products”) and any of our merchant services (“Merchant Services”), our General Terms and the individual service terms and conditions (“Service Terms”) will apply;
2.2.2 if you are a consumer, such as a PayGenius Wallet user, our PayGenius Wallet User Terms, will apply; and
2.2.3 any additional policies which we may update or upload on our Website which supplement the acceptable use of our Website or our Services.

2.3 The Website is intended for persons who are at least 18 years or older and who have the legal capacity to enter into contracts in the Republic of South Africa. If you do not meet these requirements, you should leave our Website immediately.

2.4 We collect personal information from you. We will handle the collection, processing and storage of your personal information in accordance with our Privacy Policy. By disclosing or submitting your personal information to us, you consent to us collecting, processing and storing your personal information for the purposes described in our Privacy Policy. P

2.5 We may update our Website, any Content on it, these Website Terms, and our Privacy Policy from time to time in our discretion. Each time you use the Website or our Services, it is your responsibility to review these Website Terms and our Privacy Policy in case of any such updates or amendments. If you do not agree to PayGenius’ updates, you must not continue to use the Website or our Services.

2.6 If you have questions about these Website Terms, our Privacy Policy or any documents incorporated by reference in these Website Terms, please contact us at support@paygenius.co.za.

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3. ACCESSING THE WEBSITE

3.1 You agree that you are responsible for obtaining and maintaining all facilities, services, products and equipment that may be required by you to maintain access or use to the Website and any of our Services. You must, at all times, provide your own hardware, software as well as a modem and Internet connectivity and electronic communications infrastructure.

3.2 We do not guarantee that our Website, or any Content on it, will always be 100% accessible or uninterrupted. We will not be liable (legally responsible) to you if, for any reason, our Website or the Services accessible on our Website are unavailable at any time or for any period.

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4. ACCURACY OF INFORMATION

4.1 Whilst we make all reasonable steps and precautions to ensure the accuracy of all of the Content we make available on our Website, the Content is intended for general information purposes only. It is not intended to, and does not, constitute professional advice or a replacement or substitute for professional advice of any nature.

4.2 You understand and agree that our Content may also change from time to time. The Website may therefore not always contain the correct or most up-to-date information, details and descriptions and to the extent allowed by law, we make no representations, warranties, or guarantees, whether express or implied, that our Content is accurate, complete or the most up to date.

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5. YOUR BEHAVIOR WHEN USING THE WEBSITE OR OUR SERVICES

5.1 You may use our Website, Services or Content for lawful purposes only.

5.2 You may not use our Website, our Services or our Content:
5.2.1 in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect (including but not limited to impersonating a PayGenius representative and/or requesting a PayGenius user (including a PayGenius Wallet User) to provide you with their password or other information so as to access their PayGenius Wallet or Merchant account);
5.2.2 for the purposes of submitting false, inaccurate or misleading information on the Website or conducting yourself in a false, inaccurate or misleading fashion, including or fraudulent offers to sell or buy products, items or services, or to send chain letters or pyramid schemes or the like;
5.2.3 in any way that is threatening, stalking, defrauding, inciting, harassing, or advocating the harassment of, another person or otherwise interfering with another person’s use of the Website, or Services or any PayGenius Services or PayGenius Products; 5.2.4 for the purposes of providing yourself with a credit card cash advance (or helping others to do so);
5.2.5 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (for example, spam or junk mail);
5.2.6 to conduct keyword spamming or otherwise attempt to manipulate search results;
5.2.7 to create, host, or transmit (whether in a public forum or otherwise) any defamatory, offensive, or obscene material, or engaging in activities which would cause offense to others on grounds of race, religion, creed, or sex;
5.2.8 to create, host, or transmit any material that threatens or encourages bodily harm or the destruction of property, or would constitute a criminal offense or give rise to civil liability;
5.2.9 to use our Website for any improper, unlawful, or immoral purpose, including transmitting or posting profanity, adult content or illegal content, such as child pornography;
5.2.10 to solicit personal information from minors or harming or threatening to cause harm to minors;
5.2.11 to run any robot, spider, site search or retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the Website or any Content;
5.2.12 to access, retrieve or index the Website to construct or populate a searchable database of business listings or reviews;
5.2.13 to transmit any computer viruses, worms, defects, trojan horses, time bombs, cancelbots, easter eggs or other computer programming routines or items of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or other personal information;
5.2.14 to access, or attempt to access, the accounts of others or to penetrate or attempt to penetrate our or a third party’s security measures, computer software, hardware, electronic communication systems, or telecommunications systems;
5.2.15 to make excessive traffic demands;
5.2.16 to collect, or attempt to collect, personal information about third parties without their knowledge or consent, or to engage in “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other data; or to conduct any activities which adversely affects the ability of other people or systems to use the Services or the Internet generally.

5.3 Due to the global nature of the Internet, you agree to comply with all local laws and regulations regarding online conduct and acceptable content. You also agree to comply with any applicable regulations regarding the export of any data from any country.

5.4 The list in paragraph 5.2 only serves to provide examples and is not meant to be an exhaustive list of the type of unacceptable uses of the Website, the Services or Content that may result in the restriction, suspension, or termination of your use of the Website, our Content or our Services.

5.5 Any restrictions on the use of the Website or the Content shall also apply to any part of the Website or the Content which may be cached when using the Website or the Content.

5.6 Subject to the further provisions of these Website Terms, you are not allowed to (i) frame, modify, distribute, commercialize, exploit and/or alter the Website or the Content; (ii) incorporate any part of the Content in any other work or publication; and/or (iii) perform any other act which may not be considered fair use.

5.7 In addition, you shall not and shall not allow a third party to:
5.7.1 decompile, disassemble or otherwise reverse engineer or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats, programming of the software forming part of the Website and/or the Content (“the Software“) or any files contained in or generated by the Software by any means whatever;
5.7.2 remove any product identification, copyright or other notices, from the Software or documentation;
5.7.3 lend to a third party or use any portion of the Software (whether or not modified or incorporated with other software) on or with any machine or system other than your hardware; or
5.7.4 disseminate performance information or analysis of the Software from any source relating to the Software.

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6. PROMOTIONAL COMPETITIONS, OFFERS OR LOYALTY PROGRAMS

6.1 To the extent that PayGenius offers participation in certain loyalty program/s, should you be a member of any such loyalty program and wish to earn loyalty rewards or discounts, you will be required to refer to the loyalty program link on the Website.

6.2 Certain parts of the Website may contain competitions or promotions from PayGenius or third parties. The terms and conditions for those competitions and promotions will be specified on the relevant part of the Website from time to time.

6.3 By entering or participating in the relevant competition or promotion you agree to be bound by the relevant terms and conditions. Notwithstanding any specific terms and conditions, we specifically retain the right, at any time and without notice, to remove, alter or add to competitions or promotions on the Website without any liability to you.

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7. YOUR USE OF ANY PUBLIC FORUMS (IF ANY)

7.1 The Website may contain interactive services, including but not limited to developer discussion groups, news groups, bulletin boards, chat rooms, blogs and other social networking features (“Public Forums”), which may allow you to post, transmit or submit information, including but not limited to writings, images, illustrations, audio recordings, and video recordings (“Postings“).

7.2 Content, information, and materials posted by users to public forums (including Third Party Websites) are not endorsed by us. The opinions expressed in Public Forums are not necessarily ours. Any statements, advice, and opinions made by participants are those of such participants only. While we ]will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use Public Form provided on Website, we shall not be held responsible for any statements, advice, opinions, or other content or materials on Public Forums. You release us from all claims and demands of every kind and nature, known and unknown, arising out of or in any way connected with a dispute with another user of the Website.

7.3 We reserve the right, but are not obliged, to monitor Public Forums and to remove or alter any Postings that we consider, in our sole discretion, to constitute misuse of these rules. We may restrict, suspend or terminate your use of these services or the Website where, in our sole discretion, we believe that there may have been such a misuse.

7.4 Any Postings you make will be deemed not to be confidential or secret. You understand that personal and other information (e.g., username, email address, phone number) that you post on or through Public Forums is generally accessible to, and may be collected and used by, others and may result in unsolicited messages or other contact from others. You should not include any personally identifiable information about yourself or any other person in any Postings. We reserve the right, but not the obligation, to remove any Postings that contain personally identifiable information. We shall not be liable for the use or misuse of any information or data, including personal information, that you post on our Public Forums.

7.5 You represent and warrant that your Postings are original to you, do not infringe on another party’s intellectual property rights, are not obscene, vulgar, offensive, malicious, discriminatory, defamatory, or otherwise unlawful, that no other party has any rights thereto, and that any “moral rights” in your Postings have been waived, and you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, nonexclusive, and fully transferable, assignable, and sub-licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Postings (in whole or part) and/or to incorporate them in other works in any form, media, or technology now known or later developed for any editorial, commercial, non-commercial, promotional, or other purpose.

7.6 We are not responsible for maintaining your Postings and we may delete or destroy them at any time.

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8. LINKING TO THIRD PARTY WEBSITES

8.1 The Website and the Website Services available through the Website may also contain links to access other third party websites (“Third Party Websites“). If you link to access any Third Party Websites, you may be subject to those Third Party Websites’ terms and conditions and other policies. Any content, information, and materials on any Third Party Websites is not endorsed by us and are provided on an “as is” and “as available” and PayGenius does not necessarily agree with, edit or sponsor the content on such Third Party Websites.

8.2 Your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information provided on such Third Party Websites.

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9. INTELLECTUAL PROPERTY RIGHTS

9.1 All rights (including all Intellectual Property Rights), in all material and content (including, but not limited to, text, images, web pages, sounds, software (including code, interface, and website structure), and video, and the look and feel, design, and compilation thereof) on the Website are owned or licensed by us.

9.2 You agree that you are permitted to use this material and/or content only as set forth in and to the extent permitted by these Website Terms. For purposes of these Website Terms, “Intellectual Property Rights” shall mean any patents, rights to inventions, copyright and related rights, moral rights, trademarks, service marks, logos, trade names and domain names, rights in get-up, rights in goodwill or to sue for passing off, rights in designs, rights in computer software, database rights, scripts, graphics, photos, sounds, music, videos, interactive features and the like, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which may now or in the future subsist in any part of the world.

9.3 We reserve all rights (including all Intellectual Property Rights) not expressly granted herein to the Website and the Content we make available on or via the Website.

9.4 You agree to not engage in the use, copying, or distribution of any of the Content other than as expressly permitted by us, including any use, copying, or distribution of Content of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein.

9.5 You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Website or the Content. All moral rights of PayGenius and its employees/agents are reserved.

9.6 Any reproduction, modification, creation of derivative works from or redistribution of the Website, the Content, or the collective work or compilation is expressly prohibited. Copying or reproducing the Website, the Content, or any portion thereof to any other server or location for further reproduction or redistribution is expressly prohibited.

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10. INDEMNITY

10.1 As far as the law allows, you agree to defend, indemnify us and hold us and our officers, subsidiaries, holding companies, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers, and employees harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from:
10.1.1 your use of and access to the Website and/or the Services;
10.1.2 your breach of any term of these Website Terms;
10.1.3 your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or
10.1.4 any claim that your Content caused damage to a third party.

10.2 This defense and indemnification obligation will survive termination, modification or expiration of these Website Terms and your use of the Website Services and the Website.

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11. LIMITATION OF LIABILITY

11.1 Subject to paragraph 10.2 below, neither us nor any of our agents, officers, subsidiaries, holding companies, affiliates, successors, assigns, directors, service providers, suppliers, employees or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use the Website or the Services or Content provided from and through the Website.

11.2 No provision of these Website Terms:
11.2.1 does or purports to limit or exempt us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or willful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption; and
11.2.2 requires you to assume risk or liability, to the extent that the law does not allow such an assumption of risk or liability.

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12. EXCLUSION OF WARRANTIES AND REPRESENTATIONS

12.1 While the PayGenius Products and the PayGenius Wallet are subject to the additional terms and conditions accessible on the Website as described in paragraph 2.2 above, the Website and the Content are supplied in an “as is” and “as available” basis and has not been compiled or supplied to meet your individual requirements. You acknowledge that you have read and agreed to our Disclaimer.

12.2 As far as the law allows, the Website, and the Services are provided without any representation or warranty whatsoever, whether express, implied or statutory, including (without limitation) any representation or warranty as to the operation, integrity, compatibility, availability or functionality of the Website or as to the operation, accuracy, completeness, integrity, compatibility, availability functionality or reliability of the Content.

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13. GENERAL

13.1 These Website Terms and the relationship between us shall be governed and construed in accordance with South African law.

13.2 Except as expressly provided by PayGenius on the Website or by means of any Additional Terms, these Website Terms read with our Privacy Policy, constitute the entire agreement between you and PayGenius with respect to the use of this Website, the Services and the Content.

13.3 The Website is not targeted at children under the age of 18. We will not knowingly collect information from persons in this age group. We encourage parents to talk to their children about the use of the Internet and information they disclose to websites.

13.4 Any disputes arising in connection with these Website Terms and our Services shall be subject to the exclusive jurisdiction of the courts located in Cape Town, South Africa.

13.5 Please report any violations of the Website Terms (including the Privacy Policy or any documents incorporated by reference) that you become aware of by contacting us at support@paygenius.co.za.

13.6 Our or your failure to exercise or enforce any right or provision of the Website Terms shall not constitute a waiver of such right or provision.

13.7 Save as otherwise provided, no provision of these Website Terms constitutes a stipulation for the benefit of a third person which, if accepted by the person, would bind any party in favor of that person.

13.8 The termination of any contract created by these Website Terms will be without prejudice to any other rights or remedies that you or we may be entitled to under the agreement or at law, and will not affect any of our or your accrued rights or liabilities nor the coming into or continuance in force of any provision of these Website Terms which is expressly or by implication intended to come into or continue in force on or after such termination.

13.9 If any term or condition contained in these Website Terms is declared invalid, the remaining terms and conditions will remain in full force and effect.

13.10 You may not cede, assign or otherwise transfer your rights and obligations in terms of these Website Terms to any third party.

13.11 You may terminate these Website Terms at any time by ceasing to use the Website or the Content and destroying all materials received or downloaded from this Website.

13.12 If these Website Terms (or any contract governed by these Website Terms) or the Services provided and/or made available on the Website are regulated by or subject to the Consumer Protection Act 68 of 2008, as may be amended from time to time (the “Consumer Protection Act“), it is not intended that any provision of these Terms contravene any provision of the Consumer Protection Act. Therefore all provisions of these Website Terms must be treated as being qualified, to the extent necessary, to ensure that the provisions of the Consumer Protection Act are complied with.

13.13 For the purposes of the Electronic Communications and Transactions Act, 2002, PayGenius’ information is as follows:
Full name: PayGenius (Pty) Ltd trading as PayGenius, a private company registration number 2009/017393/07.
Main business: Online payment service provider.
Physical Address for legal notices: The WaterClub, Nautica Building Suite 1B, Beach Road, Granger Bay, Cape Town, 8005, South Africa.
Webmaster: support@paygenius.co.za
Website: http://www.paygenius.co.za
Official email address: support@paygenius.co.za 
Contact telephone number: +27 (0)21 911 5611 (PayGenius) for international/local calls.

PayGenius_PAIA_Manual__June_2021

 The Website is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law. The Agreement is also governed by South African law. Subject to the ‘Complaints and Disputes’ paragraph of these General Terms, you and PayGenius submit to the non-exclusive jurisdiction of the South African courts. 

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 24.5 If the Consumer Protection Act, 2008 (“CPA”) applies to these General Terms, or the Merchant Agreement, it is not intended that any of the provisions in the General Terms, the Wallet Terms or the Merchant Agreement contravene anything contained in the CPA. All the provisions in these General Terms, or the Merchant Agreement must be treated as being qualified, to the extent necessary, to ensure the provisions of the CPA are complied with.

WEBSITE DISCLAIMER 

Although we have taken care to ensure that the content on this website is accurate, this website and the services accessible on or via this website are provided “as is” and your use of and reliance on the information on this website and the online services is entirely at your own risk. We do not represent or warrant that the website, any tools, software, advice, opinions, statements, information, content or online services will be error-free or will meet any particular criteria of accuracy, completeness, reliability, performance or quality. You acknowledge that any reliance upon any such tools, software, advice, opinion, statement or information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of this website. To the fullest extent permissible by law, we expressly disclaim all (express and implied) warranties, including, without limitation, warranties of merchantability, title, and fitness for a particular purpose, noninfringement, compatibility, security and accuracy in respect of this website and the services accessible on this website. While we take all reasonable precautions to prevent this, we do not warrant that the website or any software available for download via the website is free of viruses or destructive code.

EMAIL DISCLAIMER

This communication (including all attachments) may contain information that is private, confidential and privileged. If you have received this communication in error; please notify the sender immediately, delete this communication from all data storage devices and destroy all hard copies. Any use, dissemination, distribution, copying or disclosure of this message and any attachments, in whole or in part, by anyone other than the intended recipient(s) is strictly prohibited. This message has been checked with an antivirus software; accordingly, the sender in not liable for the presence of any virus in attachments that causes or may cause damage to the recipient´s equipment or software.

PAYGENIUS MERCHANT AGREEMENT (ZAR) 

PayGenius (Pty) Ltd trading as PayGenius
Registration number 2008/022833/07
The WaterClub, Nautica Building Suite 1B, Beach Rd, Granger Bay,
8005 Cape Town – South Africa
support@paygenius.co.za
+27 (0)21 911 5611

(hereinafter referred as to “PayGenius”).

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1. INTRODUCTION

1.1 By using or subscribing to PayGenius ZAR Payment Service (“the Service”), you agree that you have read, understand and are bound by:
1.1.1 this ‘PayGenius Merchant Agreement (ZAR)’ (“ZAR Merchant Agreement”);
1.1.2 the ‘PayGenius General Terms’ (“General Terms”);
1.1.3  the provisions of the hardcopy or electronic application form relevant to PayGenius Application (“Application Form”); and
1.1.4 any notices which may be published under “Notices” on the Website from time to time.

1.2 Your use of the Service indicates your acceptance without modification of this ZAR Merchant Agreement, as read with the General Terms, and the Application Form which will together constitute a legal agreement (“the Agreement”) between you and PayGenius.

1.3 Unless the context clearly indicates the contrary, any term defined in the General Terms when used herein, shall bear the same meaning as defined in the General Terms. In this regard note that, because the Service enables you to receive payments made to you online, you are a ‘Merchant’ for purposes of this Agreement. To the extent that there is any inconsistency between any provision of the General Terms and this ZAR Merchant Agreement, then this ZAR Merchant Agreement shall override the General Terms to the extent of the inconsistency.

1.4 Note: that the Service entails the acquiring and settling of transaction amounts in South African Rand only, so if you wish to have amounts acquired and/or settled in other currencies, you should not subscribe to this Service.

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2. DURATION

This Agreement shall commence with effect from the date of activation of the Service by PayGenius which date shall not be earlier than the requested commencement date set out in your Application Form and shall endure until either of us terminates it in accordance with the General Terms.

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3. THE SERVICE

3.1 General
3.1.1 The Service enables you, as the seller of products and/or services, to receive payments from third parties, including but not limited to PayGenius users and PayGenius Wallet users (“Payers”), in respect of your transactions with them, in South African Rand, for the payment methods selected by you in the Application Form or are made available to you by PayGenius, being:
(a) Visa and MasterCard card not present enabled credit-, debit- or hybrid cards transaction processing services; and/or
(b) PayGenius Wallet (“Wallet”) transactions and the services made available and supported via the Wallet;
(d) such other alternative payment methods as may be available as part of the Services from time to time and selected by you in your Application Form (each hereinafter referred to as an “Alternative Payment Method” or “APM”),
but in all instances without having to have your own merchant acquiring account with a bank or other financial institution.
3.1.2 Payers will make their payments to you, but such funds will be paid into PayGenius’ own bank account, where the funds will be held for you until paid out to you in accordance with clause 3.4.
3.1.3 Regarding the PayGenius Wallet which is made available to you, PayGenius will receive the payments made by Payers via the Wallet into its own bank account. You acknowledge and agree that you are required to integrate and activate the Wallet on your website. The integration and activation of the Wallet will be at no additional cost to you.

3.2 Processing your transactions and receiving the Proceeds
3.2.1 By registering for the Service you appoint PayGenius to process payments and to accept the proceeds of payment instructions from your Payers (“Proceeds”) on your behalf in accordance with your instructions, subject to the terms and restrictions of this Agreement.
3.2.2 Proceeds will be received into the bank account PayGenius has with a South African bank. PayGenius will at all times hold such Proceeds on your behalf, separate from our own funds, and will not use your Proceeds for our own expenses or voluntarily make same available to our creditors. However:
(a) in the same way that Proceeds from your transactions are received into PayGenius’ bank account on your behalf applies any credit card chargebacks associated with those transactions are similarly deducted from PayGenius’ bank account and thus paid by PayGenius on your behalf;
(b) the Service is a payment processing service, not a banking service and PayGenius is not acting as a bank, trustee, fiduciary or escrow in respect of your funds; and
(c) your account balance represents an unsecured debt owed by PayGenius to you, which is at risk in the event of PayGenius’ insolvency and is not covered by any compensation scheme or any other public or private insurance scheme.
3.2.3 All interest accruing on any Proceeds held by PayGenius for you from time to time, including interest accruing on any Withheld Portion (as described in clause 3.4.3 below), shall accrue for the benefit of PayGenius, and you shall have no claim whatsoever in relation to such interest amounts.
3.2.4 PayGenius may process your transactions via 3D Secure (as defined in the General Terms), but that whether or not 3D Secure will be enabled for you at all, or if enabled, whether it will apply to all or only some of your transactions, is something that will be determined by PayGenius and/or its acquiring bank in its sole discretion. If you subscribe for any additional PayGenius Services which do not support 3D Secure and as such, such transactions are not be passed through 3D Secure, this may result in an increased risk to you. You understand and agree that you will be solely responsible for all chargebacks and other losses that may arise as a result of you processing such transactions.
3.2.5 PayGenius may restrict your transactions to South African issued cards, but whether or not the restriction will be enabled for you at all, or if enabled, whether it will apply to all or only some of your transactions, is subject to PayGenius’ discretion.

3.3 Amounts due by you which will be deducted from Proceeds
3.3.1 Service Fees: You will be liable for Service Fees as set out in clause 4 below, which you agree will be deducted and withheld from the funds paid out to you from time to time.
3.3.2 Chargebacks: Chargebacks related to your transactions are deducted from PayGenius’ bank account, and it remains your responsibility to contest any such chargebacks. Although PayGenius will notify you of any such chargebacks, should you wish to contest any such chargeback, it will be your responsibility to collate the required information and to provide with same timeously to PayGenius to enable PayGenius to submit same to the bank on your behalf. Chargeback amounts will be subject to exchange rate variation where applicable.
3.3.3 Refunds: PayGenius will endeavour to take reasonable steps to process requested refunds to your Payers to the extent that the payment methods used allows for the refund to be processed, and may, from time to time, request certain documentation from you in order to do so, including documentation to prove the existence of a sale to your customer, the delivery of a product pursuant to a sale, the cancellation of a sale by your customer and/or a request for a refund by your customer. You are obliged to provide such documentation timeously to PayGenius in order to facilitate PayGenius’ processing of refunds to your Payers. In the event that PayGenius is, by reason of your failure to deliver any document so requested or due to any applicable law, regulation, banking practice or other reasonable grounds, unable to process a refund to your customer, you will be responsible for refunding your customer directly.

3.4 Settlement of net Proceeds to you
3.4.1 Subject to clause 3.4.3 below, Proceeds will be paid out to you net of any Service Fees, Tax, fines, penalties, refunds/reversals and chargebacks, upon the expiry of such periods of time as may be specified in your Application Form (“Settlement Periods”)
3.4.2 Payment will be made electronically into your bank account as stipulated in your Application Form. PayGenius will not be held responsible for incorrect banking details being provided by you which may lead to funds held by PayGenius on your behalf being transferred to the incorrect party. It is your responsibility to ensure the accuracy of the provided banking details.
3.4.3 Withholding: In order to cater for potential chargebacks and/or reversals on your payment methods like credit-, debit or hybrid cards, or Wallet transactions, a certain percentage of Proceeds we receive on your behalf, as indicated in your Application Form (“Withheld Portion”), may be withheld for the period described in your Application Form (“Holding Period”). During the Holding Period applicable to any specific Proceeds received by PayGenius, you will not be entitled to, and PayGenius will not be obliged to, pay you the Withheld Portion of such Proceeds. PayGenius furthermore reserves the right, forthwith on written notice to you (which for purposes of clarity, includes notice via email), to increase the Withheld Portion and/or Holding Period applicable, under the following circumstances: (a) for specific transactions if PayGenius deems them suspicious; (b) all your transactions should your transactions carry high reversal or chargeback rates; or (c) all your transactions if they otherwise pose an increased risk of loss to PayGenius.
3.4.4 To the extent that the funds held by PayGenius on your behalf at any specific time are insufficient to accommodate all chargebacks, fines, penalties, taxes, reversals and/or Service Fees related to your transactions, you acknowledge that you remain liable to PayGenius for such amounts.

3.5 You acknowledge the nature of the Service and accordingly agree that the operation of the Service is known to you and you accept that it is suitable for the purpose it is intended to be used.

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4. SERVICE FEES

4.1 The Service Fees payable by you for the Service are based on when and how you use the Service, as follows:
4.1.1 Fixed Successful Transaction Fee: a fixed fee on each transaction successfully processed;
4.1.2 Variable Transaction Fee: a variable fee expressed as a percentage of the value of each transaction successfully processed;
4.1.3 Chargeback Fee: a fixed fee on each reversal/chargeback (including those processed on Wallet transactions, if applicable);
4.1.5 Refund Fee: a fixed fee on each refund (including those processed on Wallet transactions, if applicable);
4.1.6 Pay-out Fee: a fixed fee per pay-out of funds to you (including for amounts due to you from Wallet transactions, if applicable);
4.1.7 Wallet Fee: a variable fee expressed as a percentage of the value of each successful transaction processed by us.
4.1.8 additional fees based on any particular APM selected for use by the persons making online payments to you (if applicable).

4.2 Unless otherwise agreed with you in writing, the specific Service Fees applicable to you are as set out in your Application Form or otherwise as set out on the Website.

4.3 Service Fees are due upon the processing of each relevant transaction, chargeback, refund or pay-out, as the case may be and are deducted from any funds we hold for you under this Agreement. In this regard it is recorded for clarity that you remain liable for the Service Fees levied on each transaction successfully processed irrespective of whether such transaction is thereafter denied, reversed, charged back or refunded. In the event that the funds held by PayGenius on your behalf are insufficient for the deduction of any applicable Service Fees, you remain liable for such Service Fees.

4.4 You acknowledge and agree that should your account reflect high levels of chargebacks and/or reversals, or otherwise pose an increased risk of losses for PayGenius, in the alternative or in addition to increasing the relevant Withheld Portion (as described in clause 3.4.3 above), we reserve the right to amend or vary the Service Fees and charges from time to time on 30 days prior written notice to you. When we notify you of any adjustments to the Service Fees which affect the Service, you are entitled to terminate the Service on written notice to us prior to the date in which the adjustments come into effect. If you do not terminate the Service after the adjustments come into effect, the adjustments apply to you from the date they come into effect.

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5. REPORTING

5.1 PayGenius will account to you in writing in respect of each Settlement Period as to the Proceeds collected, chargebacks/reversals and/or refunds processed, Service Fees levied, and fines and penalties incurred, during such Settlement Period, notifying you of the net Proceeds payable to you, alternatively, the amount of funds due by you to PayGenius, as the case may be.

5.2 Any amount indicated as being due by you in any such aforesaid account must be paid within 10 working days from the date of such account, failing which, you hereby authorize PayGenius to deduct such amount from your bank account. To this end, you agree to the debit order authorization as accommodated within the Application Form.

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6. DEPOSITS & BALANCES

6.1 You acknowledge that PayGenius does not hold a deposit-taking license (a banking license) and cannot hold funds on your behalf which are not the proceeds of payments due to from the sale of goods or services where the payment instructions were processed by PayGenius on your behalf.

6.2 You acknowledge that if PayGenius holds funds on your behalf which are not the proceeds of payments due to you from the sale of goods or services processed by PayGenius, that PayGenius will endeavour to return such funds to the payment maker within a period of 48 hours after those funds were deposited into your bank account.

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7. IMPOSED TRANSACTION LIMITS & DELAYS

7.1 PayGenius reserves the right to –
7.1.1 impose an upper limit on the amount of a single transaction which will be accepted through the Service;
7.1.2 impose a transaction review for certain potentially high-risk transactions and impose limits on the amount of payments you can process through the Service without our prior written approval;
7.1.3 impose certain limits with regards to the flow of funds in the system including, but not limited to, funds received and funds withdrawn. Details of these limits will be available on the Website from time to time; and
7.1.4 freeze or suspend your access to the Service for an indefinite period if there is suspicion of any illegal activity taking place or for any other reason whatsoever.

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8. NO SURCHARGES

Visa, MasterCard, Diner’s Club and American Express regulations stipulate that merchants may not charge any fees/surcharges to a person solely by reason of that person making payment via credit card (often called a “surcharge”). You thus agree that in using the Service you will not impose any fee or surcharge for the acceptance of funds through any means including, but not limited to, the acceptance of credit cards. It is recorded for the sake of clarity that handling fees charged by you for the sale of your goods or services are not prohibited, provided that the handling fees applicable to certain payment methods are no higher than those applicable to other payment methods.

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9. PROHIBITED CONDUCT AND HIGH RISK TRANSACTIONS

9.1 You may not use the Service to –
9.1.1 accept payments for goods or services where payment is not yet due and for which no invoice exists which can be presented to PayGenius upon request;
9.1.2 accept payment for illegal products or services, including but not limited to materials that infringe the intellectual property rights of third parties;
9.1.3 receive payment or conduct activities in a manner that PayGenius, Visa, MasterCard, Diners, American Express or PayGenius’ bank acquirers and/or payment processors reasonably believe to be an abuse of the bank’s reversal process, credit card system or a violation of credit card association rules; or
9.1.4 to conduct any money laundering or any activity that constitutes a crime or contravenes any law, rule or regulation.

9.2 You may not, without PayGenius’ prior written approval and any third party approvals (as the case may be), in respect of the following high-risk activities, to use the Service to –
9.2.1 sell securities, business opportunities, franchises, or multi-level marketing;
9.2.2 receive payments for any sexually oriented or obscene materials or services;
9.2.3 receive payments for wagers, gambling debts or gambling winnings, regardless of the location or type of gambling activity;
9.2.4 offer, or conduct any form of direct marketing activities (such as, but not limited to inbound and/or outbound telemarketing activities) and travel-related services;
9.2.5 receive payments for any prescription and proprietary drugs and non-prescription (over-the-counter) medicines;
9.2.6 receive payments for the wholesale distribution of prescription drugs, proprietary drugs, vitamins, druggists’ sundries and toiletries, antiseptics, bandages, pharmaceuticals, and biological or related products;
9.2.7 receive payments in exchange for personal property left with you, as a merchant, as security (in other words, any services associated with a pawn shop); and/or
9.2.10 receive payments for tobacco or liquor.

9.3 In respect of the use of the Services to conduct any high-risk transactions listed in clause 9.2 above, you understand and agree that PayGenius, may, acting reasonably and upon prior written notice to you, decline or withdraw its approval to you to use the Service if (i) PayGenius believes that the use of the Service for such high-risk transactions exposes, or has exposed, PayGenius to increased risk,(ii) requested by any bank, or (iii)any card payment processors request PayGenius to withdraw such approval.

9.4 You agree that the damages that PayGenius may sustain as a result of the prohibited conduct outlined above may be substantial (especially since those payments are being made into PayGenius’ own acquiring account), and may include (without limitation) fines, penalties and other related expenses from our payment processors and service providers and/or your bank or the issuer of your cards. Consequently, in the event that you engage in such conduct, PayGenius may recover any losses suffered by PayGenius as a result of such prohibited conducted (including but not limited to associated legal and administrative costs), which you acknowledge could amount to at least R20 000 or, in the case of having been involved in prohibited gambling activities, R65 000. In addition, you agree that PayGenius is entitled to deduct any fines or penalties which PayGenius had to pay, together with such additional liquidated damages as PayGenius may suffer arising out of such prohibited conduct, directly from any funds held by PayGenius on your behalf or, if such funds are insufficient, to debit the bank accounts that you have registered with PayGenius in respect of any of the Services, in the amount of such penalties and/or liquidated damages.

9.5 If you use the Service in a manner that violates the Agreement, including but not limited by an act described in the categories described above, your Merchant Account will be subject to limitation or immediate termination, as stated in clause 17 of the General Terms.

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10. DISCLAIMER & LIMITATION OF LIABILITY

10.1 No Warranties: Without derogating from the disclaimer provisions set out in the General Terms, but subject to your legal rights, the Service is provided to you without any warranty and not subject to any condition, except as may be expressly provided otherwise in the Agreement. More specifically, although we shall use reasonable care and diligence to ensure that the Service is available on a 24 hour per day basis and that requests for electronic debits and credits involving cards and bank accounts are processed in a timely manner, we make no representations or warranties regarding the time it will take to complete processing a transaction. This is because the Service is largely dependent upon many factors beyond our control, including (but not limited to) delays in the banking system or in card networks.

10.2 PayGenius does not warrant that the Service, in particular the monthly subscriptions, debit orders, ongoing monthly billing services, reports on successful and failed transactions, and/or log files, shall be error free, accurate and/or complete. Without limiting the generality of the aforegoing, PayGenius’ disclaimer of liability includes its liability for any loss or damages incurred by you, your own customer and any bank arising from any transaction executed, or online banking facilities used through use of the Service.

10.3 The Service, apart from being subject to these Service Terms as read with the General Terms, shall always be subject to the terms and regulations imposed by PayGenius’ payment processors, service providers and your bank and the issuers of your cards whose facilities are utilized in order to accept or effect payment by means of the Service. Therefore all fines, penalties or other charges, of whatever nature, imposed by the payment processors and/or service providers (including APM Providers if any) and/or banks and/or issuers of cards on PayGenius in respect of or arising from your use of the Service or your conduct of your Merchant Account will be debited to your account and you hereby authorize PayGenius to pay such fines, penalties or charges from any credit balance held by PayGenius on your behalf or, if there is no such credit balance, to recover the monies directly from you by debiting the bank accounts that you have registered in respect of the Services to the value of the fines, penalties or charges. You further indemnify PayGenius against any claim that may be made by the payment processors, service providers, APM Providers, your bank or the issuer of your cards in respect of or arising from your use of the Service or your conduct of your Merchant Account against PayGenius for any reason whatsoever.

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11. YOUR WARRANTIES

In addition to any warranties and/or representations contained elsewhere in the Agreement, you hereby warrant that –

11.1 you are not a payment service provider;

11.2 you agree to use the Services solely for the purposes of receiving legitimate and lawful payments in accordance with the terms and conditions of the Agreement and all applicable laws, regulations and ordinances (“Applicable Laws”);

11.3 you will not use any of the Services for any unlawful activity and it is your responsibility to ensure that you comply with the Card Payment Processing Rules where applicable to you; and

11.4 you have never had a contract with Visa or MasterCard which was terminated at the direction of Visa, MasterCard, any regulatory authority or court of law.

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12. CONSEQUENCES OF SUSPENSION & TERMINATION

12.1 To the extent that your access to the Service is suspended by PayGenius in accordance with the provisions of the Agreement, you acknowledge that you will forfeit your access to and/or use of the Service, including having funds paid out to you. Such suspension will not detract from any liability you have incurred prior to suspension. Also, note that chargebacks and reversals relating to transactions occurring prior to suspension will still be processed during suspension and you will thus be liable for those reversed/charged-back amounts as well as the Service Fees in respect thereof and any related fines or penalties which may be imposed in accordance with this Agreement.

12.2 Upon termination of the Service for any reason whatsoever, and without detracting from the provisions of the General Terms –
12.2.1 all funds held by PayGenius on your behalf (net of any and all Service Fees, Withheld Portions, as well as fines, penalties, other liabilities and charges incurred pursuant to clause 9 or clause 10.3 above) will be automatically paid out to you forthwith; and
12.2.2 at the end of any relevant Holding Period, the Withheld Portions (or the remaining balance thereof) will be paid out to you, provided that, should PayGenius reasonably anticipate a high level of chargebacks or reversals, or fraud or other illegal activity, PayGenius reserves the right to withhold any or all funds held on your behalf, for so long as is reasonably necessary for PayGenius to investigate and ascertain the extent of damages suffered due to your breach (if applicable), or whether any suspected illegal activity was indeed taking place via your Merchant Account and the extent of any harm caused thereby, at which point the amounts so withheld may be applied towards the damage/harm so suffered by PayGenius.

12.3 As with suspension, note that any chargebacks and reversals taking place after termination in relation to transactions occurring prior to termination will still be processed by PayGenius and you will thus still be liable to PayGenius for those reversed/charged-back amounts, the Service Fees in respect thereof, and any related fines or penalties which may be imposed in accordance with this Agreement. In this regard it is recorded that Payers are able to chargeback credit card transactions up to 6 (six) months after that transaction having taken place.

PRIVACY STATEMENT

In this Statement, we explain how we collect, use, share and protect your personal information. We also tell you about your rights and choices with respect to your personal information and how you can contact us.

WHO IS PAYGENIUS AND HOW DOES THIS PRIVACY STATEMENT WORK?

The purpose of this Privacy Statement is to give you information on how PayGenius (Pty) Ltd collects and processes your personal information when you use website (“Website”), software applications (“Apps”), payment processing platforms (“Platform”), or our financial technology products or services we may offer you.

WHAT IS PERSONAL INFORMATION AND WHAT TYPES OF PERSONAL INFORMATION DO WE COLLECT ABOUT YOU?

“Personal information” means any information relating to an identified or identifiable living individual, and where applicable, an identifiable existing juristic person (like a company) as defined under the Protection of Personal Information Act 4 of 2013 (“POPIA”). Depending on who you are (e.g., a merchant, customer, cardholder, consumer, supplier or business partner) and how you interact with us (e.g., telephone, online or offline), we may collect, use, receive, store, analyze, combine, transfer or otherwise process different categories of personal information.

Below is a table reflecting the categories of personal information we may collect about you:

Categories of Personal Information	Which includes such information as
Identity and account log-in information	Full name(s), title, identity number
Contact information	Telephone number(s), physical address, country, email, and chosen billing address.
Financial information	Bank account data
Payments information (transactional information)	Personal account numbers, name on credit card, a merchant’s name and identifiers, the date and amount of the transaction and other information provided by you directly or by banks or merchants.
Usage and technical information	IP addresses, browser type and versions, operating systems, time zone setting, geolocation information, content and pages that you access on our Website(s), Apps or Platform, and the dates and times that you visit the Website, App or Platform, paths taken.
Marketing and communications information	Communication with customer service support, behavioural data (for example, collected using cookies), information about promotions, surveys, promotional campaigns and records of your decision to subscribe or to withdraw from receiving marketing materials.

We may also collect, use and/or share non-personal information or anonymized data such as statistical or demographic data.

As a principle, we do not collect any special categories of personal information about you (such as details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric information).

To the extent our Websites or Apps include links to third-party websites, plug-ins and applications (including cookies, tracking technologies and widgets by third party advertisers), it is important that you understand that by clicking on those links or enabling those connections, you may allow third parties to collect or share data about you. PayGenius does not have oversight of these third-party websites and we are not responsible for their processing of personal information.

HOW DO WE COLLECT YOUR PERSONAL INFORMATION?

How we collect personal information will depend on the following broader situations:

If we receive or collect it directly from you

We may collect personal information directly from you in different ways on our Websites, Apps, Platforms or product or service offerings. For example, you may give us your personal information when you:

• give us your contact information so that we can contact you about our services and products;
• conclude a contract or verify with us who you are (whether by email, phone or electronic verification);
• apply for our products or services directly with us or through our appointed suppliers (such as marketplaces or credit providers) or initiate an account-based relationship with us;
• are prompted to give us your contact and payment information on our web-checkout /payment pages or via other similar channels;
• enter a competition, promotion or survey or you ask to have marketing materials sent to you;
• send us a support request through one of our support desks; or
• access and browse our Website(s), Apps and Platforms

If we collect personal information from third parties, or from publicly available sources

We obtain personal information through third parties or, if publicly available, where permitted under applicable law, including:

• from our merchants, payment partners and financial institutions. For example, a merchant can offer you various ways to pay for their goods or services (credit or debit or hybrid card, electronic fund transfer (EFT), wallet, mobile money, loyalty credits) and the payment would be settled into the merchant bank account held by an authorized financial institution. In such situations, the merchants, payment partners and financial institutions are responsible for your personal information, but we may collect such personal information so that the payment transaction can take place. We encourage you to read such third parties’ privacy statements to learn more on how they process your personal information;
• from social platforms and networks when you give us permission to do so. For example, depending on your social media settings, if you choose to connect your social media account to a PayGenius product, certain information from your social media account will be shared with us (which may include information that is part of your profile);
• from financial institutions and fraud prevention agencies for the purposes of conducting fraud and risk assessments or analysis. For example, before we provide services, goods or finances to you (as applicable), we undertake checks for the purposes of preventing fraud and money laundering, and to verify your identity. These checks require us to collect information about you;
• from third parties who have entered into contracts with us to assist us with our business operations;
• from publicly available sources in accordance with applicable laws in your country;

WHAT ARE THE LAWFUL GROUNDS THAT WE RELY ON TO PROCESS YOUR PERSONAL INFORMATION?

We process personal information only when we have a valid legal ground to do so. Most commonly, we use your personal information where:

• it is necessary to process your personal information in connection with the performance of a contract that we have with you directly or indirectly;
• it is necessary for our legitimate interests  (or the legitimate interests of a third party). We make sure that your fundamental rights are not overridden by our legitimate interests;
• we use your personal information to comply with our legal obligations – for example, ensuring that we use your personal information to comply with anti-bribery and anti-money laundering requirements;

We may seek your explicit consent where the applicable laws require us to do so.

PURPOSES FOR WHICH PAYGENIUS MAY PROCESS YOUR PERSONAL INFORMATION

To verify, authenticate and authorize your use of our products or services

To conduct ‘Know your Customer’ and risk assessments in order to authenticate and authorize your use of our products or services depending on if you are a merchant, consumer or customer, and your choice of service or product. The type of personal information typically required is Identity, Contact and Financial information. This is necessary in order for PayGenius to assess your application under contract and necessary for our legal obligations under certain laws.

To process payment transactions made through our Platforms

The types of personal information we require to provide a product or service and the legal ground depends on the specific payment methods made available by us.

PayGenius offers multiple types of international and local payment methods, which are subject to product specific service terms (contracts) and legal obligations. For example, when PayGenius offers card payment processing as a payment’s aggregator on our Platform, PayGenius processes personal information received from merchants such as transaction details, and if payment is by card (cardholder details such as name on card) in order complete the payment by you to the merchant to purchase a product or service. PayGenius is often an operator (which is a defined term under the Protection of Personal Information Act, 2013) of personal information on behalf of the merchant who is acting as responsible party. In other cases, certain payment transactions require you to provide personal information directly to us onto our Platform in order for us to process a transaction – in that instance the purpose is to process the payment for you.

We support Visa, Mastercard, Diners and Amex cards as well as Instant bank transfers through our partner Ozow.

To protect our business and to ensure compliance with the law

We process personal information to meet the requirements of applicable laws, regulations, standards, rules, codes and the requirements of financial institutions with which PayGenius must comply. This includes:

• authenticating and validating payments to mitigate and protect against identity theft or fraud. To do this, some of your personal and non-personal information may be collected by PayGenius directly or delivered to PayGenius by merchants. PayGenius will use this personal information to enter into the PayGenius fraud systems available for this validation and will remain there for future reference and cross-reference of information required to validate the payments;
• consulting and reporting your personal information and behaviour on monetary obligations to legitimately constituted credit, financial, commercial or service risk centres, or to other financial institutions, under applicable law;
• verifying your identity and comparing your information to verify accuracy for reporting obligations under applicable law or payment scheme rules;
• processing your personal information if you exert your right of refusal on purchases made or if your transaction is, for example, the subject of payments dispute or chargeback with a financial institution; and
• processing your personal information to ensure business continuity of our businesses and appropriate disaster recovery for our Websites, Apps, Platforms, services and products.

To manage our relationship with you

If you contact us or otherwise give us your Contact information (for example by registering, by completing an enquiry form on our Website/s, or by subscribing to receive support, and service status communications from us or security or fraud monitoring alerts), we may process your personal information:

• to inform you about your products or services with us and any changes to these products or services and any associated legal documents;
• to notify you if there is any interruption of services or products;
• to ask you to provide information on how we can improve or develop services or products and to otherwise effectively communicate with you;
• to provide you with service assistance and problem solutions or to contact or send you notifications related specifically to the services or products we offer you;
• to use your personal information in transactional or fraud monitoring reports (or both) as part of the performance of our contract. You have the option to unsubscribe from such reports in accordance with the terms of our contract. Be sure to check with your finance team before you unsubscribe.

To market our products and services and related services to you

We may use personal information to market our products and services and to notify you about events, offers, sponsorships, marketing programmes and similar marketing campaigns. For more information please see the Marketing section.

To conduct research and to develop and improve our products and services

We may use personal information that we collect:

• to research and gain insights into market trends and needs and to develop or innovate our technologies, products and services to meet such market trends and needs. We may use machine learning and artificial intelligence techniques to conduct research to gain such insights;
• to analyze visitor use of our Websites, Apps, products or services in line with this South Africa Privacy Statement;
• to improve and personalize our merchant and customer relationships;
• to provide merchants with statistical insights and reports based on data we receive from them

WHOM DO WE DISCLOSE YOUR PERSONAL INFORMATION TO OR SHARE IT WITH?

We may share your personal information with external third parties such as:

• merchants in accordance with our service agreements (also referred to as our terms and conditions or contracts). For example, to process a card payment, we may need to share a customer’s credit card details to the merchant that the payment relates to. If you are buying goods or services through PayGenius services, we may also provide the merchant with your credit card billing address to help complete an individual’s payment transaction;
• authorized financial institutions and banking partners with whom we partner to jointly create and offer products and services. Depending on the type of payment chosen by the customer, payer or buyer, PayGenius will share the information with the financial institutions that validate and process each means of payment for corresponding approval, validation, and settlement. This means that your personal information may be collected for those purposes by financial issuing institutions for the means of payment, acquiring financial institutions, payment processing networks, franchises such as Visa, MasterCard, American Express and Diners Club;
• credit bureaus and credit providers to report financial information and to conduct mandated credit scoring to determine affordability, as strictly permitted by law.
• service providers or vendors under contract who assist us with our business operations;
• companies that we plan to merge with or entities that we may be acquired by, in which situation we will require that the new combined entity or the acquiring entity follow this full privacy statement with respect to your personal information;
• when required by law enforcement, government officials, fraud detection agencies or other third parties and when we are compelled to do so by law (such as via a subpoena, court order or similar legal procedure);
• international entities we partner with for the offer and/or development of products and services subject to the requirements under this Statement and applicable laws.

PayGenius takes all reasonable measures to ensure that every third party involved in the processing of your personal information has the required organizational and technical protections in place, including the required data processing and transfer agreements where this is necessary. When required under applicable law, we may provide you with a list of our sub-processors or suppliers upon request, by contacting us at accounts@paygenius.co.za.

MARKETING

You may receive marketing communications from PayGenius, for example, if you have:

• requested more information from us;
• provided your Contact information to us in order to retrieve content or communications from us, including any research papers, insights or studies conducted by us;
• subscribed for services or products from PayGenius; or
• entered into a promotional campaign, offer or survey or loyalty programme and provided your contact details to participate in such activity. PayGenius may run these marketing activities directly or with promoters.

The provision of such marketing activities is subject to the applicable laws of the country that the marketing and communication activity occurs. We keep a register of Marketing and communications personal information that is used by us. You are entitled to opt out from receiving such marketing by clicking on the opt out or unsubscribe link(s) provided in such PayGenius marketing communications.

You may also be required to opt- in before receiving any marketing communications from PayGenius and you have the right to opt-out at any time.

PayGenius may also use Marketing and communications personal information in order to improve and customize the content of our ads, promotions and advertising that may be of interest to you.

 INTERNATIONAL DATA TRANSFERS

We are part of a global company with a global footprint.

Your personal information may be processed either locally South Africa where you work or reside, or in any other country where we or our approved third-party service providers operate, worldwide, as permitted by law. Should your personal information move outside the European Economic Area or another country that restricts transfers of personal information, we use the EU Commission’s standard contractual clauses or other locally-compliant transfer mechanisms, such as consent, to ensure that an adequate or same level of protection is applied to your personal information as that afforded in the country of origin.

DATA RETENTION

PayGenius may store your personal information for as long as required for the fulfilment of the purposes for which we collected it. The retention of personal information by PayGenius is determined by considering compliance with legal (contractual or statutory requirements), accounting and compliance reporting requirements. For this example, preventing fraud and to prevent anti-money laundering and combat anti-corruption and financing of terrorism.

PayGenius also takes into consideration the temporary limits established in the commercial or data privacy laws, as well as in other relevant laws, in the different countries in which PayGenius provides its services.

WHAT ARE YOUR INDIVIDUAL RIGHTS?

We ensure that you may exercise your individual privacy rights under applicable privacy and data protection laws. This means that PayGenius seeks to provide reasonable assistance to cater to requests from individuals regarding the processing of personal information and the right to access, delete, erase, amend and withdraw permission to the processing of personal information.

You have the following rights :

• access your personal information (access rights): You have the right to ask us if we process personal information that relates to you and you may ask us to provide you with details of the personal information we process about you (as required under applicable laws);
• correct or rectify your personal information: You can ask us to have inaccurate personal information we process about you fixed or changed;
• erase your personal information: You can ask us to delete or erase personal information under certain circumstances if the personal information is no longer needed for the purposes for which we collected them (subject to local data retention legal obligations);
• withdraw your consent: You may withdraw your consent on condition that:
• The withdrawal of your consent does not affect the processing of your personal information before the withdrawal of your consent; or
• The withdrawal of your consent does not affect the processing of your personal information if the processing is in compliance with an obligation imposed by law on us; or
• The withdrawal of your consent does not affect the processing of your personal information where such processing is necessary for the proper performance of a public law duty by a public body; or
• The withdrawal of your consent does not affect the processing of your personal information as required to finalise the performance of a contract in which you are a party; or
• The withdrawal of your consent does not affect the processing of your personal information as required to protect your legitimate interests or our own legitimate interests or the legitimate interests of a third party to whom the information is supplied.
• restrict the processing of your personal information: You can require certain personal information to be marked as restricted for processing in certain circumstances, such as an objection to our processing of your personal information based on our legitimate interests;
• object to automated decision making, including profiling, if these decisions produce a legal effect on you;
• raise a complaint: You may raise a compliant at any time to the Information Officer for personal information protection issues at inforeg@justice.gov.za regarding an alleged interference with the protection of personal information in accordance with this South African Privacy Statement

Please submit a request to accounts@paygenius.co.za if you would like to exercise any of the above rights. These rights are limited in some situations, such as where we are legally required to process your personal information, and this may limit your ability to use some of our products and services.

To view Paygenius’ Promotion of Access to Information Act (PAIA) manual, click here.

SECURITY: HOW WE PROTECT & STORE PERSONAL INFORMATION

The security of your personal information is important to PayGenius. PayGenius takes legal, technical and organizational measures that it considers necessary in order to maintain the confidentiality and security of your personal information, with due regard to the applicable obligations and exceptions under the legislation in force.

 

In addition, PayGenius follows the payments industry standards regarding the protection of payment card information. PayGenius is regularly audited to maintain the highest level of security certification with the Payments Card information Security Standard Council (PCI) in respect of protecting card data.

PayGenius regularly reviews its policies regarding the collection, storage and processing of your personal information, including physical security measures, to prevent alteration, loss, query, use or fraudulent or unauthorized access of your personal information.

PayGenius has put in place procedures to deal with personal information breach and will notify you and any applicable regulator or authority of a breach where we are legally required to do so.

MINORS

PayGenius does not voluntarily or actively collect, use or disclose personal information of minors under the age of 18 years,  without the prior consent of the parents or guardians of the minor.

The services of PayGenius are not intended or designed to attract minors.

If we learn that we collected the personal information of a minor, without first receiving a verifiable parental consent, we will take steps to delete the information as soon as possible.

CHANGES TO THE PRIVACY STATEMENT AND YOUR DUTY TO INFORM US OF CHANGES

This South African Privacy Statement may change over time. The recent version of this Privacy Statement is published on this Website.

This version was issued  on May 14, 2020 and last changed on December 21, 2020

We will notify you of any changes to this South African Privacy Statement by publishing this on our Website. You can print or store this South African Privacy Statement by downloading a copy from your browser.

It is very important that any personal information we hold about you is up to date and correct. Please inform us of any changes to your personal information.

HOW TO CONTACT US

The Responsible Party of this Website is PayGenius (Pty) Ltd, registration number 2008 / 022833 / 07.
You can contact our data protection office at accounts@paygenius.co.za

Hi,

Our friendly customer experience team is here to help you!

Support hours: Mon-Fri, 8am-5pm

Tel: +27 (021) 201 6890

Support: support@paygenius.co.za

Accounts: accounts@paygenius.co.za