About us: The Services are provided by GoGetta Limited (the “Company”, “GoGetta”, “we”, “our” or “us”), a public unlisted company established in the Republic of South Africa, with its principal place of business situated at 164 Katherine Street, Pinmill Office Park, Block 2, First Floor, registered under company registration number 2018/462487/06.
Consumer Protection Act Disclosures: If you are a consumer, as defined in the Consumer Protection Act, we have a duty to point out certain important terms which may limit your rights, constitute an acceptance of a fact or otherwise be important. The clauses in these Terms that require specific consideration are clause 4 (acceptance), clause 7 (electronic communications), clause 9 (third party websites), clause 10 (the platform), clause 11 (fundraisers), clause 12 (fundraiser campaigns), clause 16 (restrictions), clause 17 (content), clause 18 (non-circumvention), clause 19 (confidentiality), clause 20 (intellectual property), clause 21 (marketing), clause 22 (disclaimer), clause 23 (indemnity and limitation of liability), clause 25.1 (notice), clause25.2 (termination), clause 25.4 (jurisdiction), and clause 25.8 (changes).
Acceptance: These Terms constitute a legally binding agreement between you and GoGetta. You agree to these Terms by accessing or using our Services or by registering a profile on the Platform. You represent and warrant that you have the right, authority, and capacity (including that you are over the age of 18) to enter into these Terms. If you do not agree with all of the provisions of these Terms, you must not use the Platform and/or our Services.
Term: These Terms shall commence immediately upon your acceptance (as detailed in clause 4 above) and shall endure indefinitely unless terminated by either GoGetta or yourself.
Profile Registration: You will need to register a profile on the Platform in order to make use of the Services. You must complete an online form in order to register a profile or to participate in a Fundraiser Campaign. You must provide accurate information. You are responsible for keeping your username and password safe and secure. You must notify us promptly of any unauthorized use of your profile and/or a security breach of your personal information and/or the Platform. You are responsible for all the activity on your profile and for keeping your password confidential.
Electronic Communications: You consent to receive communications from us electronically, such as call invitations, e-mails, texts, mobile push notices, notifications, notices and/or messages via the Platform and/or electronic devices. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You acknowledge and agree that all electronic communication, which purport to emanate from you, shall be deemed to have been given by you in the form actually received by the Platform. Electronic Communication is defined as data messages which is “data generated, sent, received or stored by electronic means and includes voice, where the voice is used in an automated transaction; and a stored record.
Licence: We grant you a limited, revocable, non-exclusive, non-transferable licence to use the Platform, as well as all content provided therein, subject to your compliance with these Terms.
Third Party Websites: The Platform may contain links to other websites (for instance, additional information related to a Fundraiser Campaign or to the Fundraiser’s website). When you access third party websites, you do so at your own risk. We don’t control or endorse those sites and do not accept any liability in relation to those sites in any manner whatsoever.
The Platform: You agree and understand that GoGetta is merely a platform service provider. We are not responsible for the Fundraisers and make no warranties or representations with respect to the Fundraisers and/or the Fundraiser Campaigns in any manner whatsoever. You undertake to access and use the Platform only for legal, authorised, and acceptable purposes strictly in compliance with these Terms. You undertake not to use (or assist others in using) the Platform in ways that: (a) violates, misappropriates, or infringes the rights of us or anyone else, including privacy, publicity, intellectual property, and/or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate and/or encourage conduct that would be illegal and/or otherwise inappropriate; (c) involve publishing falsehoods, misrepresentations, and/or misleading statements; (d) impersonate someone; (e) involve sending illegal and/or impermissible communications, such as bulk messaging, auto-messaging, auto-dialling, and/or the like; and/or (f) in any other way that is not specifically permitted by us in these Terms.
Fundraisers: The Fundraisers are third-parties who are seeking to raise funding for their business via the Platform. We are not responsible in any manner whatsoever for the Fundraisers and make no representations with the respect to them or their businesses.
Fundraiser Campaigns: In order to raise finance for their business a Fundraiser will create a Fundraiser Campaign on the Platform. You will only be able to participate in a Fundraiser Campaign via the Platform. The terms of each Fundraiser Campaign are determined by the Fundraiser and include a description of the business, the minimum amount the Fundraiser wishes to raise, the price of each share, as well as the allotted time period within which to raise the funds. You understand and agree that we have no control over the information provided by the Fundraiser and therefore cannot be held liable for any reliance you make on such information. We do not warrant that any information with respect to the Fundraiser Campaign is accurate, complete, reliable, current, and/or error-free. We reserve the right (but shall not be obligated) to cancel any Fundraiser Campaign should we become aware of a material error in the information provided by the Fundraise and/or otherwise reasonably believe that it is in the best interest of the Users. Further, each Fundraiser Campaign is time sensitive and should the minimum amount not be achieved within the allotted time period, the Fundraiser Campaign will automatically terminate. If a Fundraiser Campaign is not completed for any reason whatsoever you cannot hold us liable for such termination and we shall only be liable to refund monies already paid by the User less any reasonable transaction fees.
Participation in Fundraiser Campaigns: The minimum investment amount you may pay for a Fundraiser Campaign is detailed on the Platform. You will need to deposit funds, which will be held by us on deposit until such time as the minimum funding requirement has been met or the time to meet such minimum funding requirement has run out, whichever is the earlier. In the event that the Fundraiser Campaign is successful (i.e. all the requirements have been met for that particular Fundraiser Campaign) your money will be transferred to a GoGetta fund (“Fund”) that has been specifically set up for that Fundraiser Campaign and the Fund will then purchase the shares in the Fundraiser’s business on your behalf. You will not directly own shares in the Fundraiser’s business, but rather in the Fund that in turn will own the shares in its own name on your behalf. The information with respect to the Fund will be provided to you once the Fundraiser Campaign is successful. Should the Fundraiser Campaign not be successful your deposit will be refunded less any transaction fees. We do not warrant or represent that the Fundraiser will use the funds as advised by the Fundraiser, that the Fundraiser’s business will be successful, or that the Fundraiser Campaign will achieve its goals. We also do not endorse, guarantee, make representations, or provide warranties regarding any Fundraiser or Fundraiser Campaign, including but not limited to the quality, performance, morality or legality of any Fundraiser or Fundraiser Campaign. Please note that we do not accept any liability for any delay or inability in accessing or participating in a Fundraiser Campaign.
Payment: Payment for the funding of a Fundraiser Campaign may be made in the following ways: (i) credit card (processed by third-party payment gateways); (ii) electronic fund transfer; (iii) third-party payment providers, such as Peach Payments; or (iv) any other payment method detailed on the Platform from time to time. All payments on the Platform are processed via third party payment processors or banks. In order to protect our interests as well as yours, we may scrutinise transactions to prevent fraud. A transaction may be refused if we are not satisfied that it is legitimate. No other method of payment will be accepted in respect of the Fundraising Campaigns. Please note that credit card payments will be charged a transaction fee.
Wallet: If the Fundraiser Campaign does not meet the minimum funding amount within the allotted time period of the Fundraiser Campaign/s or is otherwise terminated (“Termination Date”), you may elect by notifying GoGetta in writing (“Notice”) within 15 (fifteen) calender days of the Termination Date (“Election Period”) for payment to either be refunded or placed in a wallet. Should you fail to notify GoGetta in writing of your election within the Election Period, your payment will automatically be transferred to the wallet. The advantage of the wallet is that you will not be charged further transaction fees to invest into another Fundraiser Campaign and interest will be earned.
Withdrawals: If a withdrawal is elected within the Election Period, or from your Wallet, your payment will be refunded less any transaction fees. All withdrawals will be processed within 10 (ten) business days from the date of the Notice. As you are purchasing shares (equity) no interest will accrue. No other withdrawals will be provided.
Restrictions: You may only access and use the Services and the Platform yourself and may not permit anyone else to do so on your behalf. You may only access the Platform via your own profile. You may only register one profile at a time. You may not share your Platform login information and may not invest or make payment on anyone’s behalf. You agree not to access and/or attempt to access any part of the Platform or Services by any means other than through the interface provided by us. You may not intercept, monitor, damage, and/or modify any communication of any user of the Platform for any reason whatsoever. You may not do anything that would compromise the security or integrity of the Platform, the Services or any Fundraiser Campaign. You will not engage in any activity that interferes with, or disrupts, the Platform or the servers and networks that host the Platform. You may not use data mining, robots, screen scraping, or similar data gathering and extraction tools on the Platform and/or the Services. Further, you may not copy, decompile, disassemble, and/or reverse engineer the Platform, the Services, the Fundraiser Campaigns and/or any part thereof. You may not use or access the Platform and/or the Services in any way that, in our sole discretion, adversely affects the performance or functionality of the Platform and/or the Services or interferes with the ability of authorised persons to access the Platform and/or the Services. Any use of automated inquiry devices, robots, or repetitive data gathering and extraction tools, routines, scripts and/or other mechanisms with similar functionality is expressly prohibited in relation to the Platform and/or the Services.
Content: We accept no responsibility for any loss, damage, expense, delay or any other harm (“Loss” or “Losses”) that you or your property may suffer in any manner whatsoever in relation to the Services, any loss of business and/or business interruption, or any reputational damage suffered by you for any reason whatsoever. We accept no liability for the Fundraiser Campaigns and/or the information provided in relation thereto in any manner whatsoever and you fully indemnify and hold us harmless for any claims you may have in this regard. We make no warranties and/or representations with respect to any content provided on the Platform and/or in relation to the Fundraiser Campaigns, including any content, ideas, expressions, materials and/or any information shared by other users. You hereby (to the fullest extent possible) indemnify us, our directors, employees and affiliates from any and all claims (including threatened claims) made arising from or otherwise in relation to your use of the Platform, the Services and/or any such content.
Non circumvention: You irrevocably agree that you shall not, whether directly or indirectly as an agent, principal, partner, shareholder, advisor, financier, or in any other manner circumvent and/or attempt to circumvent these Terms.
Confidentiality: You agree and understand that any information, content and/or materials related to the Services disclosed and/or shared as part of the Services (“Confidential Information”) are proprietary and confidential. You hereby agree and undertake not to use and/or disclose any Confidential Information and/or any part thereof for any reason whatsoever. The provisions of this clause shall survive the termination of these Terms and shall endure indefinitely.
Intellectual Property: All intellectual property rights (including copyright, moral rights, trade marks, patents or designs) in relation to the Platform and/or the Services, (“IP”) are owned by us (or are licensed to us) and/or are therefore protected by both South African and/or international intellectual property laws. Accordingly, any unauthorised use, copying, reproduction, re-transmission, distribution, dissemination, sale, publication, broadcast, and/or other circulation or exploitation of the IP and/or any part thereof will constitute an infringement of such IP rights. You are hereby granted a limited, non-exclusive, license to use the Platform and/or the Services to participate in Fundraiser Campaigns for your own personal use for the duration of the Fundraiser Campaign/s. To the extent that you participate in any forums or discussions on the Platform, you hereby agree and consent to such participation and/or discussion being recorded and hereby grant us an irrevocable, perpetual, royalty-free, transferable license to use any such content and any materials contained therein, including your name, for record, marketing, and/or security purposes.
Marketing: You agree and understand that we may send marketing material to you from time to time, including special offers and promotions. You hereby consent to receiving these marketing materials.
WE DO NOT PROVIDE ANY FINANCIAL ADVICE. YOU SHOULD SEEK INDEPENDENT FINANCIAL AND LEGAL ADVICE BEFORE PARTICIPATING IN ANY FUNDRAISER CAMPAIGN.
WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PLATFORM, THE FUNDRAISERS OR THEIR BUSINESSES, THE FUNDRAISER CAMPAIGNS OR THEIR SUCCESS, THE PERFORMANCE OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS AND SERVICES INCLUDED THEREIN AS WELL AS IN RELATION TO ANY THIRD-PARTY PROVIDERS, INCLUDING BUT NOT LIMITED TO INFORMATION PROVIDED BY THE FUNDRAISERS.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OF THE PLATFORM, THE FUNDRAISER CAMPAIGNS AND THE SERVICES. WE DO NOT WARRANT THAT THE PLATFORM, THE SERVERS, OR E-MAILS SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE FURTHER DO NOT WARRANT ANY SPECIFIC RESULTS OR PERFORMACE AS A RESULT OF THE SERVICES.
24. INDEMNITY AND LIMITATION OF LIABILITY
YOUR USE OF THE PLATFORM AND THE SERVICES IS ENTIRELY AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM THE USE THEREOF. THE VARIOUS FUNDRAISER CAMPAIGNS ARE MODERATE TO HIGH RISK INVESTMENTS. THEY ARE FURTHER MEDIUM TO LONG TERM IN NATURE. WE DO NOT ACCEPT LIABILITY THAT MAY ARISE IN CONNECTION THEREWITH. WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE PLATFORM AND THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOSS SUFFERED IN RELATION TO THE FUNDRAISER CAMPAIGNS AND/OR OTHERWISE ATTRIBUTABLE TO THE FUNDRAISER OR THE FUNDRAISER’S BUSINESS.
IN ADDITION TO ANY OTHER INDEMNITIES PROVIDED IN THESE TERMS, YOU HEREBY UNCONDITIONALLY AND IRREVOCABLY INDEMNIFY US, OUR AFFILIATED COMPANIES, OFFICERS, AGENTS, DIRECTORS AND EMPLOYEES AND AGREE TO HOLD US FREE FROM ALL LOSS, DAMAGES, CLAIMS AND/OR COSTS, OF WHATSOEVER NATURE ARISING OUT OF OR PURSUANT TO YOUR USE OF THE PLATFORM OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL LOSS, DAMAGES, CLAIMS AND/OR COSTS SUFFERED BY ANY PERSON AS A DIRECT OR INDIRECT RESULT OF YOUR USE OF THE PLATFORM OR SERVICES, AND/OR SUCH INDEMNITY SHALL EXTEND TO THE REASONABLE COSTS THAT MAY BE INCURRED BY US IN DEFENDING ANY ACTION (AND/OR THREATENED ACTION) AGAINST US.
IN NO EVENT SHALL WE, OUR DIRECTORS, EMPLOYEES, OFFICERS, SERVICE PROVIDERS OR SUBSIDIARIES BE LIABLE FOR LOSS OF PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PLATFORM OR THE SERVICES (HOWSOEVER ARISING, INCLUDING BUT NOT LIMITED TO NEGLIGENCE).
Personal information: We gather the following information about you: (i) Information you provide to us when you register your profile or participate in a Fundraiser Campaign/s and otherwise use the Platform and/or Services, including your name/s, business name/s, address/es, contact number/s, email address/es, location/s, frequency of use/s of the Platform, and related personal information (ii) messages that are sent via the Platform, email or other telecommunication; (iii) information obtained via Cookies; (iv) use of third party payment services; (v) information obtained via the Platform or in the course of using the Services, email, telephone call or other communications with you, including User support communications; (vi) usage of the Platform and/or Services; and (vii) other information related to your use of the Platform and/or the Services; (vii) information your provide for identity verification purposes.
Purpose: We use the information you provide us in order to:
provide the Platform and/or the Services to you, which includes providing your personal information to Fundraisers, third party payment gateways, and/or any other person reasonably required to facilitate the provision of the Platform and/or Services to you;
create and administer your profile;
allow you to participate in Fundraiser Campaigns;
communicate with you and provide you support services;
provide administrative services and User support services, including in relation to any Fundraiser Campaigns;
send marketing and promotional content to you;
to confirm and verify your identity or to verify that you are an authorised user for security purposes;
promote the Platform, the Services, Fundraiser Campaigns, and our other services from time to time;
improve, customise and optimise the Services and the Platform;
enable us to conduct internal research and statistical analysis;
monitor your use of the Platform in order to ensure compliance with the Terms;
comply with any applicable local and international laws (including data privacy and tax laws); and
improve our understanding of the marketplace and how you use the Platform and Services.
Public information: The following information will be publicly available to other users on the Platform, namely:
your profile username and any information you add to your profile;
any Fundraiser Campaigns you have participated in;
any comments made or discussions in any forum on the Platform;
Bank Accounts: We do not store or have access to your bank account or credit card information. This information is stored and processed by third party providers.
Data Transfers: We are based in South Africa and your personal information may be stored and processed in South Africa, the USA, the UK or the EU. You hereby agree to the transfer of your personal information outside of South Africa to any country where it is necessary for the performance of the Services or where the third party recipient is subject to a law, binding corporate rules, or binding agreement which provide an adequate level of protection equivalent to those under the Protection of Personal Information Act (“POPIA”).
Storage and retention: Your personal information is stored on the Platform. GoGetta may in their sole discretion determine the manner and location of the storage of your personal information and you hereby consent to same. We shall only retain and store your personal information for the period for which the data is required to serve its primary purpose and/or a legitimate interest and/or for the period required to comply with an applicable legal requirement, whichever is for a longer duration.
Consent: You hereby consent to the use and storage of your personal information for the purposes indicated above, including the cross-border transfer of your personal information.
Disclosure: We may disclose your personal information in the following circumstances -
As provided for in these Terms;
When you contribute to a Fundraiser Campaign, we share your information (full name and amount contributed) with the Fundraiser. Please note that once we share your personal information with a Fundraiser, the information received by the Fundraiser is controlled by that Fundraiser and becomes subject to the Fundraiser’s privacy practices;
When a Fundraiser Campaign is successful your personal information will be shared with the Fund;
We also share certain types of personal information with necessary third parties for verification, compliance, marketing, and regulatory purposes. These include, the South African Revenue Services, the Financial Intelligence Centre, third party payment processors, credit bureaus and criminal background checks.
Where businesses perform services on our behalf, including marketing services, and customer services.
Where you consent to such personal information being shared.
Where it is necessary for the performance of the Services.
We may also share aggregate or de-identified information with third parties for research, marketing, analytics, and other purposes, provided such information does not directly identify you.
As required in relation to court orders, subpoenas, or legal process, or enforceable governmental requests, or to establish or defend against legal claims, or exercise our legal rights;
Where we believe it is necessary to access, use, preserve or disclose such information to detect, investigate, prevent, or address illegal activities, fraud, security or technical issues, or potential threats to the safety of any person, or violations of these Terms, or to protect the rights, property, or safety of GoGetta, the Platform or other users as required or permitted by law.
GoGetta will take reasonable steps to ensure that its contracts with third parties include requirements for those third parties to comply with the requirements of the applicable South African privacy legislation.
We may also disclose aggregate, anonymous log file and usage information in reports to interested third parties to assist those parties in understanding the usage patterns and performance results of certain advertisements, content, services, promotions, features, and/or to provide you a better user experience. For example, we may provide aggregate-level reports to an advertising partner for the purpose of showing delivery and/or performance statistics of a specific advertising campaign. Such information will be de-identified.
Security: We strive to ensure the security of personal information you provide to us by taking reasonable measures to prevent the destruction, unlawful access and loss of personal information. Any compromise of data integrity or confidentiality will be reported to you via the Platform, email or by SMS.
Your rights: You have the right to access, rectify, and erase your information, as well as the right to restrict and object to certain processing of your information. This includes the right to object to our processing of your information for direct marketing. You may exercise these rights by sending us an email at email@example.com. Please note that without certain information we are unable to offer you the Services and may thus terminate these Terms and your use of the Services in such an event and you will have no claim against us.
Notice: Any notices you wish to send us must be via email to firstname.lastname@example.org. You agree that any notices (including documents and legal process) we send to you may be sent via the Platform, cell phone number (including SMS) or email. You also agree that electronic communications (including email, SMS and communication via the Platform) shall be considered to be “in writing”.
Termination: We may in our sole discretion terminate or suspend the provision of the Services to you and/or restrict your access to the Platform and/or cancel your profile at any time and without reason. We also reserve the right to terminate these Terms (together with your access to, and use of, the Platform and the Services) should we reasonably believe that you have, or have attempted to: (i) circumvent the Platform, the Services; (ii) do anything that may harm (including bringing into disrepute) us, the Platform, the Services, our IP; (iii) do anything illegal, immoral or unethical; or (iv) breach any term of these Terms. If we do this, you may be prevented from accessing all or parts of the Platform or the Services, your profile or other content contained therein. We will not be liable to you or any third party for doing so. You may terminate your profile by giving written notice to us.
Place and time of Agreement: These Terms shall be deemed to have been entered into in Johannesburg at the time of registration of your user profile.
Jurisdiction and Choice of Law: These Terms will be exclusively governed by and construed in accordance with the laws of South Africa. You consent and submit to the non-exclusive jurisdiction of the High Court of South Africa Gauteng Local Division, Johannesburg in any dispute arising from or in connection with these Terms.
Severability: Notwithstanding that any provisions of these Terms be illegal or unenforceable, the remaining provisions of these Terms shall continue to be of full force and effect.
Whole Agreement: These Terms constitute the entire agreement between GoGetta and yourself.
Cession and Assignment: We shall be entitled to cede or assign any of our rights, or delegate any of our obligations in these Terms (or any part thereof) without prior notice or consent.
Changes: We may change these Terms from time to time. If we do, any changes will be effective immediately and we will take reasonable steps to let you know about any changes, either by a notice on the Platform or by sending you an SMS, or email. If you keep using the Platform and/or our Services after a change and/or changes, that means you accept the new Terms.
Electronic Communications: When you visit the Platform and/or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically, which will allow us to communicate with you via e-mail or by posting notices on the Platform. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, satisfy any and all legal requirement that such communications be in writing.
Compliance with Laws: It is your sole responsibility to ensure that you comply with all applicable laws and regulations.
Disclosures required in terms of section 43 of the Electronic Communications and Transactions Act 25 of 2002:
Full name: GoGetta Ltd
Physical address and address for receipt of service: 164 Katherine Street, Pinmill Office Park, Building 2, Strathavon, Gauteng, 2198
Telephone no.: 011-262-6433
website address: compliancecontact.gogetta.africa
Email address: email@example.com
Registration number: 2018/462487/06
Country of incorporation: South Africa
Founder/Director: Leat Sacharowitz and Sthembiso Zwane
Relevant POPIA information:
Information Officer: Sthembiso Zwane
Information Officer Email: firstname.lastname@example.org
Any additional information or concerns can be found and raised with the Information Regulator, who can be contacted as shared below, but please feel free to contact me/us first to discuss any questions or concerns you may have:
27. PREVENTION OF ORGANISED CRIME ACT NO 121 OF 1998 (“POCA”) You declare that all Payments made on the Platform for a specific Fundraiser Campaign are from a legitimate source and are not the "proceeds of unlawful activities", as defined in POCA, as amended.
28. INCOME TAX ACT 58 OF 1962 (“ITA”) You further warrants that, where required, all Payments invested in the Platform are declared to South African Revenue Services (“SARS”) in terms of the ITA.
29. FINANCIAL INTELLIGENCE CENTRE ACT 38 OF 2001 (“FICA”)
The Platform may make use of third-party service providers to process and verify your personal information for the purposes of FICA, you acknowledge and consent thereto.
You confirm that the information provided on the Platform is current, true and accurate and that should there be any changes to the information provided, you undertake to immediately notify the Platform to enable us to update your records accordingly.
30. FOREIGN ACCOUNT TAX COMPLIANCE ACT (“FATCA”)
In an effort to reduce global tax non-compliance, the South African government has indicated its willingness for global co-operation and information sharing. Accordingly, South Africa has signed an Intergovernmental Agreement with the United States to comply with FATCA, a law directed at US citizens and US tax residents.
The Platform is required by law to ask for information on your international citizenship and tax residency status.
Please note that the information contained in this form may be shared with SARS.
31. PAIA MANUAL
Director means the director of the Fund at any relevant time;
PAIA means the Promotion of Access to Information Act 2 of 2000;
POPI means the Promotion of Personal Information Act 4 of 2013;
Information Regulator means the Regulator established in terms of Section 39 of POPI;
Person means a natural person or a juristic person;
Private body means:
a natural person who carries or has carried on any trade, business, or profession, but only in such capacity
a partnership which carries or has carried on any trade, business, or profession; or
any former or existing juristic person, but excludes a public body
Public body means:
any department of state or administration in the national or provincial sphere of government or any municipality in the local sphere of government; or
any other functionary or institution when: (i) exercising a power or performing a duty in terms of the Constitution or a provincial constitution; or (ii) exercising a public power or performing a public function in terms of any legislation
CEO, in relation to, a private body means:
in the case of a natural person, that natural person or any person duly authorised by that natural person;
in the case of a partnership, any partner of the partnership or any person duly authorised by the partnership;
in the case of a juristic person: (i) the chief executive officer or equivalent officer of the juristic person or any person duly authorised by that officer; or (ii) the person who is acting as such or any person duly authorised by such acting person
Information Officer means the responsible person who will ensure compliance with POPI;
Requester in relation to a private body, means any person, including, but not limited to public body or an official thereof, making a request for access to a record of GoGetta or a person acting on behalf of such person;
Personal Information means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to: information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person; information relating to the education or the medical, financial, criminal or employment history of the person; any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person, the biometric information of the person; the personal opinions, views or preferences of the person; correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence; the views or opinions of another individual about the person; and the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person;
Request for access means a request for access to a record of GoGetta in terms of section 50 of PAIA;
Record means any recorded information regardless of the form or medium, in the possession or under the control of GoGetta irrespective of whether or not it was created by the Company;
Data Subject means the person to whom personal information relates;
Third Party in relation to a request for access to a record held by the Company, means any person other than the requester;
Processing means any operation or activity or any set of operations, whether or not by automatic means, concerning personal information, including the collection, receipt, recording, organising, collation, storage, updating or modification, retrieval, alteration, consultation or use, dissemination by means of transmission, distribution or making available in any other form, or merging, linking, as well as restriction, degradation, erasure or destruction of personal information;
Purpose of PAIA
PAIA gives effect to section 32 of the Constitution, which provides that everyone has the right to access information held by the State or any other person (or private body), when that information is required for the exercise or protection of any rights.
The purpose of PAIA is to:
foster a culture of transparency and accountability in public and private bodies by giving effect to the right of access to information, and to
actively promote a society in which the people of South Africa have effective access to information to enable them to exercise and protect all of their rights
GoGetta recognises everyone’s right to access to information and is committed to provide access to the Company’s records where the proper procedural requirements as set out by PAIA and POPI have been met.
The Company’s PAIA Policy is compiled in accordance with section 51 of the Act and contains the following provisions
Duties of the Information Officer
The Information Officer of GoGetta is responsible for:
Publishing and proper communication of the Policy i.e. creating policy awareness
The facilitation of any request for access
Providing adequate notice and feedback to the Requester
Determining whether to grant a request for access to a complete/full record or only part of a record
Ensuring that access to a record, where so granted, is provided timeously and in the correct format
Reviewing the policy for accuracy and communicating any amendments
Right of Access
The Information Officer may only provide access to any record held by the Company to a requester if:
The record is required for the exercise or protection of any right, and
The requester complies with the procedural requirements relating to a request for access to that record, and
Access to that record is not refused in terms of any of the grounds for refusal listed below
Grounds for Refusal
The Information Officer must assess whether there are any grounds for refusing a request for access. Where any grounds for refusal are found, a request for access will not be granted. However, despite finding any grounds for refusal, access to the record(s) will be provided where:
the disclosure of the record would reveal evidence of a substantial contravention of, or failure to comply with the law or imminent and serious public or environmental risk, and
the public interest in disclosing record, will clearly outweigh the harm contemplated in the provision in question
Where there are no grounds for refusal, request for access will be granted. If a request for access is made with regards to a record containing information that would justify a ground for refusal, every part of the record which does not contain, and can reasonably be severed from any part that contains, any such information must, despite any other provisions of PAIA, also be disclosed The grounds for refusal, or absence thereof, are set out below:
Where a request for access has been received the Information Officer will notify the requester of receipt and the prescribed fee (if any) that is payable prior to processing the request. The notice must state:
The amount of the deposit payable (if any)
That the requester may lodge a complaint with the Information Regulator or an application with a court against the tender or payment of the request fee, or the tender or payment of a deposit, as the case may be
The procedure (including the period) for lodging the complaint with the Information Regulator or the application
Except to the extent that the provisions regarding third party notification may apply, the Information Officer to whom the request is made, must as soon as reasonably possible, but in any event within 30 days, after the request has been received in the prescribed format:
Decide in accordance with PAIA whether to grant the request, and
Notify the requester of the decision and, if the requester stated that he or she wishes to be informed of the decision in any other manner, inform him or her in that manner, if it is reasonably possible
If the request for access is granted, the notice must state:
The access fee (if any) to be paid upon access
The form in which access will be given, and
That the requester may lodge a complaint with the Information Regulator or an application with a court against the access fee to be paid or the form of access granted, and the procedure, including the period allowed, for lodging a complaint with the Information Regulator or the application
If the request for access is refused, the notice must:
State adequate reasons for the refusal, including the relevant provision of PAIA that was relied on
Exclude, from any such reasons, any reference to the content of the records’ and
State that the requester may lodge a complaint with the Information Regulator or an application with a court against the refusal of the request, and the procedure (including the period) for lodging a complaint with the Information Regulator or the application
Should all reasonable steps have been taken to find a record requested, and there are reasonable grounds for believing that the record:
Is in the Company’s possession, but cannot be found, or
Simply does not exist,
the Director of GoGetta must, by way of affidavit or affirmation, notify the requester that it is not possible to provide access to that record. The affidavit or affirmation must provide full account of all steps taken to find the record in question or to determine whether the record exists including all communication with every person who conducted the search on behalf of the Director.
ANNEXURE E: REQUEST PROCEDURE
To facilitate the processing of your request, kindly complete and submit the form below to the e-mail address of the Information Officer indicated in Annexure A.
The Information Officer will notify the requester that a request for access has been received and that the prescribed fee (if any) is payable prior to processing the request.
Once the request has been processed, the Information Officer will inform you of the outcome of your request and any additional fees that may fall due.
Please be advised that PAIA provides several grounds on which a request for access to information must be refused. These grounds mainly comprise instances whereby:
the privacy and interests of other individuals are protected
where such records are already otherwise publicly available
instances where public interest are not served
the mandatory protection of commercial information of a third party
the mandatory protection of certain confidential information of a third party
When completing the form below please:
indicate the identity of the person seeking access to the information
provide sufficient particulars to enable the information officer to identify the information requested
specify the format in which the information is required
indicate the contact details of the person requiring the information
indicate the right to be exercised and/or to be protected, and specify the reasons why the information required will enable the person to protect and/or exercise the right
where the person requesting the information wishes to be informed of the decision of the request in a particular manner, state the manner and particulars to be so informed
if the request for information is made on behalf of another person, submit proof that the person submitting the request, has obtained the necessary authorisation to do so
ANNEXURE F: INFORMATION OFFICER APPOINTMENT
In terms of the Protection of Personal Information Act the head of a private body is the designated Information Officer for that private body.
The Company has appointed an Information Officer to facilitate any requests to access records held by the Company. This delegation does not prohibit the person who made the delegation from exercising power concerned or performing the duty concerned himself or herself. The delegation may at any time be withdrawn or amended in writing by the person who made the delegation.
The Information Officer need not have any specific qualifications but must have a thorough knowledge of the Company’s functional departments and business processes.
The Information Officer has the authority to approach all employees of the Company and to request all records held by the Company. Where a manager is of the opinion that access to a record should not be granted to the Information Officer, reasons for this decision shall be given to the Information Officer who will make a final decision on the matter.
The Information Officer is responsible for:
Publishing and proper communication of the Policy i.e. creating policy awareness
The facilitation of any request for access
Providing adequate notice and feedback to the requester
Determining whether to grant a request for access to a complete/full record or only part of a record
Ensuring that access to a record, where so granted, is provided timeously and in the correct format
Reviewing the policy for accuracy and communicating any amendments