Privacy Policy

Howler Privacy and Personal Information Protection Policy

Introduction
1. Afeleton Proprietary Limited trading as "Howler", with registration number 2009/016028/07 ("Company", "Howler", "we", "us" or "our"), a limited liability company registered in, and acting in accordance with, the laws of South Africa, respects your privacy and is committed to protecting your personally identifiable information ("Personal Information").
  Howler International Limited trading as "Howler", with company number 12735853 ("Company", "Howler", "we", "us" or "our"), limited by shares, and acting in accordance with, the laws of England and Wales, respects your privacy and is committed to protecting your personally identifiable information ("Personal Information").
  Howler Europe B.V., with company number 90098951 ("Company", "Howler", "we", "us" or "our"), limited liability, and acting in accordance with, the laws of Netherlands, respects your privacy and is committed to protecting your personally identifiable information ("Personal Information").
2. This “Privacy Policy”/ ”Policy” will inform you as to how we look after and process your (the “Data Subject”) Personal Information when you provide it to us, or when it is collected from you, for example, when using our Website and/or any related mobi-sites or software applications which are accessible at either www.howler.co.za or www.howler.events (the “Website”), ticketing and product platform (“Platform”) and mobile application (“App” ), as well as if you have subscribed to any of the services we offer (“Services”), whether they be ‘Howler User Account’ users (“Users”) or ticket - or product sellers.
3. This Privacy Policy also serves to tell you about your privacy rights and how the law protects you and your Personal Information when Howler processes it.
4. It is important that you read this Policy with our Website Terms and any additional terms and conditions and policies incorporated in this Policy by reference. Each Data Subject needs to accept all the provisions in this Policy when he/she/it signs up for any of our Services or when providing your Personal Information to us in any other manner. If you do not agree with anything in this Policy, then you may not register and/or use any of the Services.
5. This Policy was last updated on 03 August 2020.
6. All terms are not necessarily defined in order.
7. By accepting this Policy, accessing our Website or using our Services, you are regarded as having read, understood and agreed to be bound by this Policy.
IMPORTANT INFORMATION AND WHO WE ARE
1. Purpose of this Privacy Policy
2. Controller and Processor
3. Our Contact Details
4. Changes to the Privacy Policy and your Duty to Inform us of Changes
5. Third-Party Links on Website
THE DATA WE COLLECT ABOUT YOU
1. Personal data, or personal information means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
2. We may collect, use, store and transfer (“process”) different kinds of Personal Information about you which we have grouped together follows:
  1. Identity Data including first name, last name, ID number, date of birth, passport number, city and country that you reside in, Google Authentication Token, Facebook Authentication Token, legal entity name, company registration number, country of incorporation, and the personal details of all your directors and/or office bearers;
  2. Contact Data includes billing address, delivery address, email address, social media contact details and telephone numbers;
  3. Financial Data including, third-party payment provider information and payment card details, credit card tokens, credit card brand, card bin numbers, card trailing digits, card holder name, card expiry details, location of in-store payment, an internally-calculated flag for risk and banking details for outgoing and incoming payments;
  4. Transaction Data includes details about payments to and from you, contracts, contractual terms, contract fees, signups, subscriptions, invoices and other details of products and services you have obtained from us;
  5. Social Media Data including all information accessible on your publicly available profile such as images, photos, photo tags, likes, followers, comments, posts and stories;
  6. Technical Data including 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, colour 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;
  7. Profile Data including your Website username and password, your interests, preferences, feedback and form and survey responses;
  8. Biometric Data including your age, gender and derived data from your profile;
  9. Usage Data including information about how you use our assessment tools, Website, surveys, events and services; and
  10. Marketing and Communications Data including your preferences in receiving notices and marketing from us and our third parties and your communication preferences.
3. We also collect, use and share Aggregated Data and Non-Personal Information such as statistical or demographic data for any purpose. Aggregated Data may be derived from your Personal Information but is not considered Personal Information in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific Website feature. However, if we combine or connect Aggregated Data with your Personal Information so that it can directly or indirectly identify you, we treat the combined data as Personal Information which will be used in accordance with this Privacy Policy.
4. We do collect Special Categories of Personal Information about you (being, for example, Financial Data and data relating to minors), which you hereby expressly consent to Howler doing. We process Financial Data in accordance with South African and EU laws requiring us to do so, and also due to the nature of Howler as a provider of payment services requiring such information to operate, which you understand and expressly consent to. We enforce additional special precautions regarding the safety and integrity of any Special Categories of Information provided to us.
5. Where we need to collect Personal Information by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with Services or allow you access to the Website). In this case, we may have to cancel Website-access or services you have with us, but we will notify you if this is the case at the time.
6. “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. We 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.
HOW IS YOUR PERSONAL INFORMATION COLLECTED?
1. We use different methods to collect data from and about you including through:

HOW WE USE YOUR PERSONAL INFORMATION

We will only use your Personal Information when the law allows us to and for legitimate reasons, which you hereby expressly understand and consent to. Most commonly, we will use your Personal Information in the following circumstances:
1. Where we need to perform on the contract we are about to enter into or have entered into with you;
2. Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests;
3. Where you have provided your express consent thereto, which by accepting this Policy, are hereby doing; and/or
4. Where we need to comply with a legal or regulatory obligation.
Purposes for which we will use your Personal Information:
1. We have set out below, in a table format, a description of all the ways we plan to use your Personal Information, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
2. Note that we may process your Personal Information for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us at data@howler.co.za if you need details about the specific legal ground we are relying on to process your Personal Information where more than one ground has been set out in the table below.

PURPOSE/ACTIVITY	TYPE OF DATA	LAWFUL BASIS FOR PROCESSING INCLUDING BASIS OF LEGITIMATE INTEREST
To allow you to make use of the Services	Identity Contact Financial Transaction Marketing and Communications Biometric	Express consent Performance of a contract with you Necessary to comply with a legal obligation Necessary for our legitimate interests (to keep our records updated and to study how users use our products/services) Necessary for our legitimate interests (to develop our products/services and grow our business)
To contract with you as a service provider to Howler	Identity Contact Financial Transaction Marketing and Communications Social Media Market Research	Performance of a contract with you Necessary to comply with a legal obligation Necessary for our legitimate interests (to keep our records updated and to study how users use our products/services) ecessary for our legitimate interests (to develop our products/services and grow our business) Express consent
To process market research data provided by you as a result of you opting into a market research or cultural research study	Identity Contact Financial Transaction Marketing and Communications Social Media Market Research	Performance of a contract with you Necessary to comply with a legal obligation Necessary for our legitimate interests (to keep our records updated and to study how users use our products/services) ecessary for our legitimate interests (to develop our products/services and grow our business) Express consent
To allow you to use the Website, or register you as a new Website user or participant in any Howler event or competition	Identity Contact Financial Transaction	Performance of a contract with you Express consent
To process and service your payment and/or ticketing activities for any Howler event,To manage payments, fees and charges incurred by you by using our Website or Howler Services	Identity Contact Financial Transaction Marketing and Communications	Performance of a contract with you Necessary for our legitimate interests (to recover debts due to us) Express consent
To manage our relationship with you which may include notifying you about changes to our terms or Privacy Policy	Identity Contact Profile Marketing and Communications	Performance of a contract with you Necessary to comply with a legal obligation Necessary for our legitimate interests (to keep our records updated and to study how users use our products/services) Express consent
To enable you to partake in a Howler study or complete a survey	Identity Contact Profile Usage Marketing and Communications	Performance of a contract with you Necessary for our legitimate interests (to recover debts due to us) Express consent
To administer and protect our business and this Website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)	Identity Contact Technical Usage	Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise) Necessary to comply with a legal obligation Express consent
To market our own Services to other companies or External Third Parties	Identity Contact Profile	Necessary for our legitimate business interests (for running our business, provision of services, marketing and pitching) Express consent
To deliver relevant Website or service content and advertisements to you and measure or understand the effectiveness of the notices we serve to you	Identity Contact Profile Usage Marketing and Communications Technical	Necessary for our legitimate interests (to study how users use our products/services, to develop them, to grow our business and to inform our marketing strategy) Express consent
To use data analytics to improve our Website, services, marketing, programme relationships and experiences	Technical Usage	Necessary for our legitimate interests (to define types of users for our products and services, to keep our Website updated and relevant, to develop our business and to inform our marketing strategy) Express consent
To make suggestions and recommendations to you about events or services that may be of interest to you	Identity Contact Technical Usage Profile	Necessary for our legitimate interests (to develop our products/services and grow our business) Express consent

Marketing
1. We strive to provide you with choices regarding certain Personal Information uses, particularly around marketing and advertising. To manifest your rights attached to any marketing sent to you, please use the in-built prompts provided on those communications, or contact us.
Promotional services from us
1. We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which services and offers may be relevant for you.
2. You will receive marketing communications from us if you have requested information from us, have participated in any Howler Service, assessment or event, or if you provided us with your details when registering for a promotion, event or ticketing and, in each case, you have not opted-out of receiving that marketing.
Third-Party Marketing
1. Whilst we may use your Personal Information within our Howler company group, we will get your express opt-in consent before we share your Personal Information publicly with any company outside the Howler group of companies for public purposes.
Opting-Out
1. You can ask us or third parties to stop sending you marketing messages at any time by logging into the Website and checking or unchecking relevant boxes to adjust your marketing preferences or by following the opt-out links on any marketing message sent to you, or by contacting us at any time.
2. Where you opt-out of receiving these marketing messages, this will not apply to Personal Information provided to us as a result of your use of the Website, our Services, or your participation in any Howler event.
Change of purpose
1. We will only use your Personal Information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
2. If we need to use your Personal Information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
3. Please note that we may process your Personal Information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

DISCLOSURES OF YOUR PERSONAL INFORMATION
1. We may have to share your Personal Information with the parties set out below for the purposes set out in the table above.
  1. Internal Third Parties as set out in the Glossary;
  2. External Third Parties as set out in the Glossary;
  3. Specific third parties listed in the table above; and/or
  4. Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses/organisations or merge with them. If a change happens to our organisation, then the new owners may use your Personal Information in the same way as set out in this Privacy Policy.
2. We require all third parties to respect the security of your Personal Information and to treat it in accordance with the law. We do not allow our third-party service providers to use your Personal Information for their own purposes and only permit them to process your Personal Information for specified purposes and in accordance with our instructions and standards.
INTERNATIONAL TRANSFERS
1. We share your Personal Information within the Howler group of companies and this may involve transferring and processing your data outside of South Africa or the EU.
2. Whenever we transfer your Personal Information out of the country, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
  1. We will only transfer your Personal Information to countries that have been deemed to provide an adequate level of protection for Personal Information by the European Commission.
  2. Where we use certain service providers, we may use specific contracts approved by the European Commission which give Personal Information the same protection it has in Europe.
  3. Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to Personal Information shared between Europe and the US.
3. Please contact us if you want further information on the specific mechanism used by us when transferring your Personal Information out of South Africa or the EU.
DATA SECURITY
1. We store and process the Personal Information of all Data Subjects on our computers, and we protect it by maintaining reasonable industry-standard physical, electronic and procedural safeguards. 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 fulfil their job responsibilities, which employees are subject to appropriate confidentiality provisions protecting your Personal Information from disclosure beyond what is allowed in terms of this Policy.
2. You should not divulge your account password to anyone. We will never ask you for your password in an unsolicited telephone call or email. You are responsible for maintaining the secrecy of your unique password and account information at all times.
3. For security purposes, 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, where we will not be liable at all for any consequences stemming from your failure to do so.
4. In addition, we limit access to your Personal Information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your Personal Information on our instructions and they are subject to a duty of confidentiality.
5. We have put in place procedures to deal with any suspected Personal Information breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
HOW TO ACCESS, CHANGE OR DELETE YOUR PERSONAL INFORMATION
1. You can review and edit any of your Personal Information at any time by signing in to your Account and clicking the My Profile menu in any of our pages, where you agree to provide accurate and current information, and, generally, not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything
2. You warrant that the Personal Information disclosed to us is directly from you as the Data Subject or on behalf of an entity for which you have all requisite authority to do so, and all such Personal Information is lawfully yours to provide.
3. Deleting your Personal Information yourself:
  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 no longer be 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.
  2. Website account: You may request that your account is deactivated by emailing us on data@howler.co.za.
  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 and partners.
4. In some circumstances, other applicable national laws require us to retain your Personal Information beyond your request for its deletion/amendment, or beyond your direct engagement with us (such as anti-terrorism or financial services laws). As such, we may retain your Personal Information in adherence with compulsory instructions from other applicable national laws, notwithstanding your application to have it deleted or amended.
DATA RETENTION
1. We will only retain your Personal Information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
2. To determine the appropriate retention period for Personal Information, we consider the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorised use or disclosure of your Personal Information, the purposes for which we process your Personal Information and whether we can achieve those purposes through other means, and the applicable legal requirements.
3. Details of retention periods for different aspects of your Personal Information are available from us by contacting us.
4. In some circumstances you can ask us to delete your data; see below for further information.
NON-PERSONAL INFORMATION
1. Notwithstanding anything contained in this Policy regarding your information, the following information is not regarded as Personal Information for the purposes of this Policy:
  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;
  2. Non-personal statistical information collected and compiled by us. We own and retain all rights in such information; and/or
  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.
YOUR LEGAL RIGHTS
1. Under certain circumstances, you have rights under the data protection laws in relation to your Personal Information. Please contact us to find out more about, or manifest, these rights:
  1. Request access to your Personal Information;
  2. Request correction of your Personal Information;
  3. Request erasure of your Personal Information;
  4. Object to processing of your Personal Information;
  5. Request restriction of processing your Personal Information;
  6. Request transfer of your Personal Information; and/or
  7. Right to withdraw consent.
2. No fee usually required
  1. You will not have to pay a fee to access your Personal Information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
3. What we may need from you
  1. We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Information (or to exercise any of your other rights). This is a security measure to ensure that Personal Information is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
4. Time limit to respond
  1. We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
GLOSSARY
1. LAWFUL BASIS
  1. Legitimate Interest means the interest of our organisation in conducting and managing our business to enable us to give you the best service and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your Personal Information for our legitimate interests. We do not use your Personal Information for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
  2. Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
  3. Comply with a legal or regulatory obligation means processing your Personal Information where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
  4. Express consent means the confirmed express consent you have provided to our processing of your Personal Information by accepting this Privacy Policy.
2. THIRD PARTIES
  1. Internal Third Parties means other entities or parties in the Howler group acting as joint controllers or processors and who are based in South Africa, the UK, the EU, the US or otherwise, and provide IT and system administration services and undertake reporting.
  2. External Third Parties means:
    1. Service providers acting as processors based in South Africa, the UK, the EU, the US or otherwise, who provide IT and system administration services;
    2. credit bureaus to report account information, as permitted by law;
    3. banking partners as required by credit card association rules for inclusion on their list of terminated clients (in the event that you utilise the Services to receive payments and you meet their criteria);
    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 Howler-related products, unless you have given consent for other uses;
    5. legitimate regulators and legal authorities who require such Personal Information pursuant to a legal right, legislation and/or duty to do so;
    6. professional advisers acting as processors or joint controllers including lawyers, career assessors, bankers, auditors and insurers based in South Africa, the UK, the EU, the US or otherwise, who provide consultancy, banking, skills-assessment, legal, insurance and accounting services as required; and/or
    7. European Union regulators and other authorities acting as processors or joint controllers based in the United Kingdom or European Union who may require reporting of processing activities in certain circumstances.
3. YOUR LEGAL RIGHTS
  1. You have the right to:
    1. Request access to your Personal Information (commonly known as a “data subject access request”). This enables you to receive a copy of the Personal Information we hold about you and to check that we are lawfully processing it.
    2. Request correction of the Personal Information that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
    3. Request erasure of your Personal Information. This enables you to ask us to delete or remove Personal Information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your Personal Information where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your Personal Information to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
    4. Object to the processing of your Personal Information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your Personal Information for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
    5. Request restriction of processing of your Personal Information. This enables you to ask us to suspend the processing of your Personal Information in the following scenarios:
      1. if you want us to establish the data’s accuracy;
      2. where our use of the data is unlawful but you do not want us to erase it;
      3. where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or
      4. you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
    6. Request the transfer of your Personal Information to you or to a third party. We will provide to you, or a third party you have chosen, your Personal Information in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform on a contract with you.
    7. Withdraw consent at any time where we are relying on consent to process your Personal Information. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain Website access or services to you. We will advise you if this is the case at the time you withdraw your consent.
  2. Please understand that our technical systems do not allow some of the Services to be available to you should we not have all of your personal information. As such, we may not be able to suspend or delete just parts of your Personal Information on your request, but will have to delete your entire profile from our system. This is for safety and security reasons to protect your Personal Information, and we will make you aware of such a situation when you make a data request to us
4. GENERAL
  1. If you have questions or concerns regarding this Policy, you should contact us by using the “Contact Us” link in any our pages or contact us on +27 (11) 880 2199 for international. You can also email us at data@howler.co.za.
  2. We will promptly notify you if we become aware of any unauthorised use, disclosure or processing of your Personal Information, and should you become aware of such a breach before we discover it, please immediately contact data@howler.co.za and mitigate your potential damage as quickly and as much as possible (for example, by immediately changing all relevant Website, App and/or Platform passwords).