This Privacy Policy has been prepared based on provisions of multiple legislation and it informsYou of how we collect and manage personal information or personal data depending on that legislation. In particular, we comply with all of the requirements of the Protection of Personal Information Act 2013 in respect of the collection, management and disclosure of Your Personal Information. However, depending on where you are based or use our platform, this policy complies with Art. 13/ 14 of the Regulation [EU] 2016/ 679 General Data Protection Regulation [GDPR] and any domestic legislation which implements the requirements and protections of the GDPR.

Use of the Hubtiger Application (“the Platform”) indicates that You (“the User”) have understood and agree to be bound by the terms and conditions of this Privacy Policy. Hubtiger Holdings (“Hubtiger”) may amend this Agreement at any time. All amended terms shall be effective automatically and immediately upon the posting of the revised Agreement and any subsequent activity in relation to the Platform shall be governed by such amended terms and conditions of usage.

 

Hubtiger does not knowingly market the Platform to anyone under the age of 18. A User under the age of 18 is prohibited from using the Platform without express consent from their parent/guardian. This Agreement governs Your use of the Platform however accessed, including via an Internet browser, smartphone, tablet, or other mobile device. If You do not agree to the terms of this Privacy Policy, please do not use the Platform

 

This Agreement was last revised on 01 November 2020
You are advised to regularly check the Website www.hubtiger.com for any amendments or updates.
Enquiries: info@hubtiger.com

1. Understanding personal informatin

The term “personal information” has the meaning given to it in the above Act, or that which is given to it under the law of the country in which you are based or use the platform. Generally, it is any information that can be used to personally identify You. This may include Your name, surname, address, telephone number, email address and/or occupation. Should the information we collect personally identify You, or You are reasonably identifiable from it, the information will be considered personal information. Your Personal Information will not be shared, sold, rented or disclosed other than as described in this Privacy Policy.

 

 

The processing of Personal Information shall include the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation, use; dissemination by means of transmission, distribution or making available in any other form; or merging, linking, as well as blocking, degradation, erasure or destruction of information.

 

 

Hubtiger strives to ensure that the conditions set out the Act and all the measures that give effect to such conditions, are complied with when processing Personal Information or data. Hubtiger strives to ensure that Personal Information and Personal data is processed in a manner that is lawful, adequate, relevant and not excessive given the purpose of collection.

You hereby grant consent for Strava to provide registration and other relevant information fields of your account to Hubtiger. Use of such third-party credentials to log You into Your account entails the agreement to the third-party network terms, conditions and policies.

2. Personal information collected

2.1 The Platform collects and processes information that can be used to identify You personally (“Personal Information”) that is necessary to providing, facilitating and maintaining the Hubtiger services.

 

2.2 We collect Personal Information from the following entities:

a) natural persons over 18;
b) Users who have signed up to use the Application;
c) Facebook, Apple or Strava for Users who wish to log into the Hubtiger Application using an existing Facebook, Apple or Strava account;
d) Data caches and logs from our internet service provider;

 

2.3 Personal Information collected by Hubtiger may include:
a) Name and surname;
b) Email address;
c) Age and date of birth;
d) Gender;
e) Telephone number;
f) Location information;
g) Computer IP address

 

2.4 Where You register or log-in to your account by means of Facebook or Strava, You hereby grant consent for Facebook or Strava to provide registration and other relevant information fields of your account to Hubtiger. Use of such third-party credentials to log You into Your account entails the agreement to the third-party network terms, conditions and policies.

 

2.5 Geographic location information is only collected when your device has location settings enabled. You are permitted to use the Application without sharing Your geographic location. However, You are informed that disabling Your geographic location settings will hinder Hubtiger’s ability to provide You with the full extent of the Hubtiger services.

 

2.6 We may also collect Personal Information through Your access and use of the Platform and through Your participation in various activities on the Platform.

 

2.7 There may be instances where we may also collect some information that is not Personal Information because it does not identify You or anyone else (we may collect aggregated information about how You use our Application).

 

2.8 If You use our Platform, you understand that Hubtiger collects and tracks non-personal information such as mileage, gear settings and service history, routes planned and events attended. This information is required for Hubtiger to provide You with the services.

 

2.9 If You do not want us to collect Personal Information about You, do not submit Your Personal Information to Hubtiger.

3. Purpose of collecting personal information

3.1 The primary purpose for collecting and processing Your Personal Information is to enable us to provide You access to the Platform. Hubtiger also collects and processes Your Personal Information in order:

 

3.1.1) to create and administer Your account;
3.1.2) to track bicycle components usage in order to provide Users with service indicators;
3.1.3) to enable cycling service providers to better understand the needs of cyclists;
3.1.4) to track cycling routes, distance and times;
3.1.5) to track incidents and alert cyclists;
3.1.6) to process and respond to any complaint made by You;
3.1.7) to assess the performance of the Hubtiger services;
3.1.8) to engage in legitimate electronic communications with You;
3.1.9) to provide feedback on any related enquiries;
3.1.10) to provide You with direct marketing material;
3.1.11) to update our records and keep Your contact details up to date;
3.1.12) to comply with any law, rule, regulation, lawful and binding determination, decision or direction of a regulator, or in co-operation with any governmental authority of any country.

 

3.2 We are also able to use the information collected to improve our internal technical and business processes. Measure cycling route patterns and bicycle parts usage in the aggregate, analyse trends, administer the Hubtiger service, track Users’ actions and gather broad demographic information.

4. Consent to processing personal information

4.1 By using the Platform, You hereby consent to Your Personal Information being used for the above mentioned purposes, associated purposes and to
(a) update our records;
(b) keep Your contact details up to date;
(c) to comply with any law, rule, regulation, lawful and binding determination, decision or direction of a regulator, or co-operate with any governmental authority of any country.

 

4.2 By Using the Platform You affirm that you have read and understood this privacy policy and that you consent to the processing of Personal Information as set out in this privacy policy.

 

4.3 Personal Information may be processed by Hubtiger in the country where it was collected as well as other countries where laws regarding processing of Personal Information differ. The consent to receive direct marketing from Hubtiger is obtained during the registration process. By completing that registration process and continuing to use the platform, You agree and confirm that you have provided informed consent to the receipt of direct marketing communications regarding all business activities and news, subject always, to your right to unsubscribe from our direct marketing communications or to withdraw Your consent from receipt of same.

5. Handling of personal information

5.1 Hubtiger seeks to ensure the quality, accuracy and confidentiality of Personal Information in its possession. You warrant that all Personal Information supplied by You is both true and correct at the time of provision. In the event of any aspect of Your Personal Information changing post submission, it is Your responsibility to update Your profile information either via the Platform.

 

5.2 You warrant that You have the authority, permissions and consent to provide Hubtiger with any third party information submitted to Hubtiger.

 

5.3 Hubtiger will take all reasonable measures in order to ensure Your Personal Information is appropriately safeguarded, these precautions include, but are not limited to: access control mechanisms via username and password, and software protection for information for security.

 

5.4 Should an unauthorised person/s gain access to Your Personal Information Hubtiger will contact You within a reasonable time to inform You of such access.

 

5.5 Hubtiger shares Your Personal Information with authorised third parties such as the bicycle retailers and servicing shops. Additionally Hubtiger may share aggregated personal information with Service Providers as well as internet service providers. Hubtiger does not permit these parties to use such information for any other purpose than to perform the services that Hubtiger has engaged with them to provide. All processing is compatible with such purpose.

7. Updating of personal information

7.1 You may request access to any Personal Information we hold about You at any time by sending an email to info@hubtiger.com.

 

7.2 If You believe that Personal Information we hold about You is incorrect, incomplete or inaccurate, then You may request us to amend it. We will consider if the information requires amendment. If we do not agree that there are grounds for amendment or that we cannot amend the information as required, we will retain a note about the request.

 

7.3 Your Account information is accessible by You at any time. You are entitled to amend, delete or add information to your Account at any time.

 

7.4 There may be instances where we cannot grant You access to the Personal Information we hold. We may need to refuse access if granting access would interfere with the privacy of others or if it would result in a breach of confidentiality. Should this be the case, we will give You written reasons for any refusal.

6. Retention and restriction of records

6.1 On receipt of instructions from You, Hubtiger will destroy or delete a record of Personal Information about You which Hubtiger is no longer authorised to retain. This is subject to certain exceptions such as retaining records that Hubtiger is required by law to retain. Hubtiger is entitled to retain de-identified information for authorised or legitimate purposes.

 

6.2 In the event that You wish to revoke all consent pertaining to Your Personal Information and/or You would like Hubtiger to remove and/or delete Your Personal Information entirely, You should cancel your account and You may request Hubtiger to delete all of Your Personal Information by emailing info@hubtiger.com.

 

6.3 You expressly consent to Hubtiger retaining Your Personal Information once Your relationship with Hubtiger has been terminated for evidential purposes and using the information for aggregate, statistical and reporting purposes.

 

6.4 Records relating to the provision of information to and/or by You can be retained by Hubtiger in terms of legislative records retention provisions and includes Your Personal Information.

 

6.5 Hubtiger retains records for a period that is longer than is required by law for statistical or research purposes and You hereby consent to such retention of Personal Information.

7. Updating of personal information

7.1 You may request access to any Personal Information we hold about You at any time by sending an email to info@hubtiger.com.

 

7.2 If You believe that Personal Information we hold about You is incorrect, incomplete or inaccurate, then You may request us to amend it. We will consider if the information requires amendment. If we do not agree that there are grounds for amendment or that we cannot amend the information as required, we will retain a note about the request.

 

7.3 Your Account information is accessible by You at any time. You are entitled to amend, delete or add information to your Account at any time.

 

7.4 There may be instances where we cannot grant You access to the Personal Information we hold. We may need to refuse access if granting access would interfere with the privacy of others or if it would result in a breach of confidentiality. Should this be the case, we will give You written reasons for any refusal.

8. Sharing your personal information

8.1 Business records relating to the provision of information or the application to You can be retained by Hubtiger in terms of legislative records retention provisions and includes Your Personal Information. Records can be retained for operational purposes or for evidential purposes. Where Hubtiger shares Your Personal Information with employees and other Users, Hubtiger does not permit such parties to use the information for any other purpose than those pertaining to using, maintaining and/or running to the application.

 

8.2 We may disclose Your Personal Information to:
8.2.1) our employees to enable us to operate;
8.2.2) fulfil requests by You, and to otherwise provide information and services to You;
8.2.3) Service Providers to allow them to assist in the provision of products or services to You;
8.2.4) any organisation for any authorised purpose with Your express consent.

 

8.3 Where Hubtiger shares Your Personal Information with others, Hubtiger does not permit such parties to use the information for any other purpose than those pertaining to using, maintaining, administering and/or running the Hubtiger services.

 

8.4 We may further disclose Your Personal Information in the following instances:
a) To comply with the law or legal process;
b) To protect Hubtiger rights, facilities and other property;
c) To protect Hubtiger against any misuse or unauthorised use of the Platform; and
d) To protect Users or third parties affected negatively by Your action in using the Platform.

 

8.5 We will disclose Personal Information to our Service Providers who use software programmes and hardware devices to monitor usage in order to identify unauthorised attempts to access, upload, damage and/or alter information that it has stored.

 

8.6 Personal Information is stored on servers outside of South Africa. Your Personal Information may be stored on servers and be subject to different data protection laws. You hereby consent that your Personal Information may be sent cross border to be stored on such servers.

 

8.7 We have placed security safeguards to protect Your Personal Information through agreements concluded with third party Service Providers. We will not be held liable for any illegal activity or other activity that may result in a claim for damages due to lack of protection of Your Personal Information whilst under the care of the third party.

9. Uploading personal information

9.1 If You are uploading Personal Information in connection with Your use of the Platform, You undertake that You are responsible for compliance with privacy and confidentiality regulations impacting You and hereby warrant that:

 

9.1.1) You have the right and/or consent to upload the Personal Information. Such consent must be given by You as it relates to Your use of the Platform.
9.1.2) You are cognisant that processing of types of Personal Information regarded as sensitive without consent is prohibited.
9.1.3) You are aware of specific purposes of collection of Your Personal Information.
9.1.4) Hubtiger’s processing of Personal Information is reasonably associated with the purpose for which it was collected and/or the consent obtained.
9.1.5) You do not object to the processing of Your Personal Information by Hubtiger.
9.1.6) You have taken reasonably practicable steps to ensure that the Personal Information is complete, accurate, not misleading and updated where necessary, taking into account the purposes for which it was collected.
9.1.7) You agree that Hubtiger will not be held liable for any illegal activity or other activity that may result in a claim for damages due to lack of protection of the Personal Information whilst under the care of third parties.

10. Security of safeguards

10.1 We take reasonable steps to ensure that Your Personal Information is protected from misuse, loss and from unauthorised access, modification or disclosure. We cannot guarantee, however, the absolute security of Your Personal Information. Accordingly, we assume no liability for any disclosure of data due to errors in transmission, unauthorised third party access or other acts of third parties, or acts or omissions beyond our reasonable control.

 

10.2 We use third parties who have access to Your Personal Information and who have undertaken to protect Your Personal Information.

 

10.3 We will notify You via both email and cell-phone should we have cause to believe that Your Personal Information may have accessed or used in an unauthorised manner.

 

10.4 As our Application is linked to the internet, and the internet is inherently insecure, we cannot provide any assurance regarding the security of transmission of information You communicate to us online. We also cannot guarantee that the information You supply will not be intercepted while being transmitted over the internet. Accordingly, any Personal Information or other information which You transmit to us online is transmitted at Your own risk.

11. Indeminity

You agree to indemnify and hold Hubtiger, its officers, directors, employees, agents, licensors, suppliers and members harmless from and against any claims, damages, actions and liabilities including without limitation, loss of profits, direct, indirect, incidental, special, consequential or punitive damages arising out of reliance Your Personal Information should Your Personal Information contain any errors, inaccuracies or be irrelevant to the use of the Application.

12. Data subject participation

Should You have enquiries concerning Personal Information processed by Hubtiger, You can request feedback that describes the Personal Information held by Hubtiger, and information about third parties, or categories of third parties who provide services to Hubtiger, who have, or have had, access to the information. You may request that Hubtiger correct or delete Your Personal Information in its possession or under its control that is inaccurate, irrelevant, excessive, misleading or obtained unlawfully; or destroy or delete any Personal Information that Hubtiger is no longer authorised to retain. As a User, You have access to Your Personal Information via the Application and the Website.

 

In addition to the above, users entitled to broader protection standards may exercise any of the rights described below:
– Learn whether data relating to you is being processed.
– Request further information if personal data relating to you has been processed.
– Learn the purpose for the processing of personal data and whether data is being processed in compliance with such purpose.
– Request a copy of your personal data which Hubtiger holds.
– Learn to which third party recipients your data is disclosed.
– Request rectification of the processed personal data which is incomplete or inaccurate and request such process to be notified to any third persons to whom personal data is transferred.
– Request deletion or destruction of personal data in the event that the data is no longer necessary in relation to the purpose for which the personal data was collected, despite being processed in line with the law and other applicable laws and request such process to be notified to any third persons to whom the personal data is transferred.
– Obtain the personal data you provided upon setting up your account or with your consent in a structured, machine-readable format, and to ask Hubtiger to share (port) this data to another controller.
– Object to negative consequences that you experienced as a result of analysis of the processed personal data by solely automatic means.
– Object to the processing of your personal data in some circumstances (in particular where Hubtiger does not have to process the data to meet a contractual or other legal requirement, or where Hubtiger is using the data for direct marketing purposes.
– If you have unresolved concerns you have the right to complain to a EU or UK data protection authority where you live, work or where you believe a breach may have occurred.

 

 

Under the GDPR, these rights may be limited, for example it fulfilling your request would reveal personal data about another person, where they would infringe the rights of a third party (including Hubtiger’s rights) or if you ask for the deletion of information which Hubtiger is required by law to keep or have compelling legitimate interests in keeping. Relevant exemptions are included in the GDPR. Hubtiger will inform you of relevant exemptions relied upon when responding to any requests you make.

 

13. Openness

13.1 If You have any additional questions or concerns about our privacy practices, we invite You to contact us by email at info@hubtiger.com and we will address Your concerns to the best of our ability.

 

13.2 We will treat Your requests or complaints confidentially.

14. Applicability of broader protection standards

14.1 While most provisions of this document concern all users, some provisions expressly only apply if the processing of personal data is subject to broader protection standards as provided for in the GDPR. Such broader protection standards may apply when the processing:
14.1.1) Is performed by a user based within the EEA or UK.
14.1.2) Concerns the personal data of users who are in the EEA or UK and is related to the offering of paid or unpaid goods or services to such users.
14.1.3) Concerns the personal data of users who are in the EU, EEA or UK and allows a Controller to monitor such users behaviour taking place in the EEA or UK.

15. Lawful bases (EEA or UK)

15.1 Lawfulness of personal data processing is an important principle under the GDPR. For purposes of the data protection law of the EU or UK, we typically process personal data were:

 

15.1.1) We need to perform the contract we are about to enter into or have entered into with you, such as when we process a payment.
15.1.2) It is in our legitimate interest or those of a third party and your data protection rights and freedoms do not override those interests such as when we secure the services, engage in fraud prevention and certain direct marketing.
15.1.3) We need to comply with a legal or regulatory obligation.
15.1.4) We have your consent to use your personal data.

16. Notice to users from the EEA or UK

16.1 Personal Information that we collect and use may be processed outside your country or region. When we share personal information with third parties in other countries, we apply appropriate safeguards. For example, data covered by the data protection laws of the EEA and UK are typically protected by EU Model clauses. By using our services you:

 

16.1.1) Acknowledge that your information will be processed as described in this Privacy Policy; and

16.1.2) Consent to having your information transferred to the facilities of third parties with whom we share information as described in this Privacy Policy, including the USA where the servers of some of the third-party platforms we use are located. Such third-party partners and/or staff operating outside the EEA or UK may process this information. The information may then be transferred back out of the United States to other countries outside of your country of residence, depending on the type of information and how we store it. These countries (including the USA) may not necessarily have data protection laws as comprehensive or protective as those in your country of residence; however, our collection, storage and use of your personal data will at all times continue to be governed by this Privacy Policy.

16.1.3) By supplying your personal information to us you expressly agree to the transfer of your personal information out of the EEA or UK and to the processing of your information in the USA, subject to this Privacy Policy.

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