1.1 “App” means the Franc mobile phone or tablet application.
1.2 “Franc” means Franc Group (Proprietary) Limited (registration number: 2017/020547/07), a private company duly incorporated in accordance with the laws of the RSA.
1.3 “Franc’s Affiliates” means Franc’s shareholders, directors, present or past employees, consultants, service providers, suppliers, holding companies, subsidiaries, affiliates, agents, representatives and successors and assigns.
1.4 “Franc’s Platform” means the App and Website.
1.5 “Franc’s Offering" means Franc’s Platform and Franc’s Services.
1.6 “Franc’s Services” means any services provided by Franc through Franc’s Platform or otherwise.
1.7 “Law” means any law of general application and includes the common law and any statute, constitution, decree, treaty, regulation, directive, ordinance, by-law, order or any other enactment of legislative measure of government (including local and provincial government) statutory or regulatory body which has the force of law.
1.8 "Loss" means claims, damages, liabilities, losses, costs (including legal costs on a scale as between attorney and own client and any additional legal costs) or expenses of any kind, whether direct or indirect, actual, consequential, compensatory, incidental, punitive or special (including damages for loss of business, revenue, profits, data, use, goodwill or other intangible losses) including loss incurred in connection with any litigation, arbitration or administrative proceedings or regulatory enquiry regarding any aspect of Franc’s Offering.
1.9 “Personal Information” means any personal data relating to the User and disclosed by the User and/or collected by Franc in accordance with the provisions of clause 3.
1.10 “POPI Act” means the Protection of Personal Information Act No 4 of 2013, as amended.
1.11 “Franc’s Offering” means Franc’s Platform and Franc’s Services.
1.13 “Promotional Information” means any promotional material that Franc may deem to be of interest to the User.
1.14 “RSA” means the Republic of South Africa.
1.15 “Security Information” means any information selected by the User and/or provided to the User by Franc, for the safe and secure use of Franc’s Offering.
1.16 “Terms” means Franc’s terms and conditions as amended from time to time, and found franc.app/terms
1.17 “Third Party Providers” means any third party service providers who have been appointed by Franc to assist with the provision of Franc’s Services and which may include offerings from third party providers that Franc may deem beneficial to a User.
1.18 “User” means any user of Franc’s Offering.
1.19 “Website” means the website owned by Franc and situated at franc.app
2.3 People below the age of 18 years are not allowed to use Franc’s Offering.
3. Collection of Information
3.1 Personal Information is collected by Franc and will include but is not limited to the following:
3.1.1 full name and surname (as it appears on the User’s identity document or passport);
3.1.2 national ID or passport number;
3.1.3 proof of identity;
3.1.4 email address;
3.1.5 contact number;
3.1.6 residential address;
3.1.7 proof of residence;
3.1.8 banking details and
3.1.9 personal photographs.
3.2 The User accepts that by utilising Franc’s Offering, the User consents to Franc storing and/or processing Personal Information and warrants that any Personal Information provided by the User is upto-date and accurate. Franc will only use the Personal Information obtained through the use of Franc’s Offering and for the purpose for which it was collected. The User must ensure that any Personal Information that the User posts, uploads, inputs, provides or submits to Franc does not breach or infringe the intellectual property rights of anyone else. Franc does not own, control or endorse any Personal Information that is transmitted, stored or processed via Franc’s Platform or sent to Franc.
3.3 The User must immediately update and inform Franc of any changes to Personal Information so that Franc can communicate with the User effectively and provide accurate and up to date information to the User.
3.4 If a User discloses Personal Information through any public message boards on Franc’s Platform, this information may be collected and used by others and in respect of which Franc has not control nor will be liable for.
3.6 Franc and the Third Party Service Providers may use various technologies to collect information when Users interact with the various Franc interfaces, including cookies, so as to better understand Users and enhance Franc’s Offering. Cookies are small data files that are stored on a User’s device enabling the collection of key data. Franc does however not perform this tracking using Personal Information.
4.1 Franc will take all reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your Personal Information. However, no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and Franc cannot guarantee its absolute security.
4.2 It is the User’s responsibility to keep Security Information safe and secure and the User shall not disclose Security Information to anyone else. It is the User’s responsibility to ensure the security of any device used for the utilisation of Franc’s Offering. It is the User’s responsible for any and all activities that occur under a User's account (if any). The User agrees to notify Franc immediately of any unauthorised use of User Content, unauthorised access to a User’s account or any other breach of security, on any basis whatsoever.
4.3 Franc will not be liable for any Loss regardless of whether Franc has been advised of the possibility of such Loss, arising out of or in connection with the use of User Content or a User's account, either with or without the User’s knowledge.
5.1 Franc uses Third Party Providers. Third Party Providers are obligated not to disclose or use Personal Information for any other purpose other than as required for the provision of the Services and/or as specified herein. In addition, by using Franc’s Services and requesting and/or indicating that the User would like to receive Promotional Information, the User agrees to Franc and/or any Third Party Providers sending to the User Promotional Information.
5.2 Franc’s Platform may contain links to other sites. If a User clicks on a third-party link, it will be directed to that site. Note that these external sites are not operated by Franc. Franc strongly advises a User to review the privacy policies of these websites. Franc has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party sites or services.
Google Play Services
Apple App Store
5.4 Franc will disclose Personal Information, without notice, on the basis’ as specified below:
5.4.1 To conform to the provisions of any Law, any legal process in force from time to time or comply with legal process served on Franc;
5.4.2 To protect and defend the rights of Franc, or any of its Users, and or enforce and protect Franc’s rights and property (including intellectual property) and/or where Franc has a legitimate interest to do so;
5.4.3 When the User has expressly authorised Franc to do so; or
5.4.4 If Franc undergoes a change in ownership.
6. Severability and Cession
7. Laws, regulations and jurisdiction
The use of Franc’s Offering shall be governed by, and construed in all respects in accordance with the laws of South Africa, and subject to the exclusive jurisdiction of the courts of the RSA.
8. Contact Us
3rd Floor, 2 Merchant Place
Cnr Fredman Dr & Rivonia Rd
Franc Group Pty Ltd - All rights reserved