Legal

Privacy Policy

1. Definitions

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 Services” means any services provided by Franc through Franc’s Platform or otherwise.

1.6 “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.

1.7 “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.

1.8 “Franc’s Offering” means Franc’s Platform and Franc’s Services.

1.9 “Privacy Policy” means the privacy policy as contained herein and as amended from time to time.

1.10 “Promotional Information” means any promotional material that Franc may deem to be of interest to the User.

1.11 “RSA” means the Republic of South Africa.

1.12 “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.

1.13 “Terms” means Franc’s terms and conditions as amended from time to time, and found at found

here



1.14 “Third Party Providers” means any third party service providers who have been appointed by Franc to assist with the provision of the Franc’s Services.

1.15 “User” means any user of Franc’s Offering.

1.16 “Website” means the website owned by Franc and situated at

www.hifranc.com.


2. General

2.1 This Privacy Policy relates to the use of Franc’s Offering as it relates to Personal Information. Each time a User utilises Franc’s Offering, the User acknowledge that it will be providing Franc with Personal Information, which may be protected by data protection legislation, including inter alia, the Protection of Personal Information Act, 2013 (“POPI”).

2.2 Franc’s Offering is provided “as is” and on an “as available” basis without any representations, warranties, promises or guarantees whatsoever of any kind including, without limitation, any representations, warranties, promises or guarantees regarding the accuracy, currency, completeness, adequacy, availability, suitability or operation of any aspect of Franc’s Offering. Each time a User utilises Franc’s Offering, it agrees to be bound by this Privacy Policy. Franc may change this Privacy Policy at any time and will publish the amended and latest version. The User confirms acceptance of this Privacy Policy as modified, changed, supplemented or updated by Franc.

2.3 People below the age of 18 years are not allowed to use the Franc’s Offering. Users must be 18 years or older. If you are a minor child under the age of 18 years you may only enter into this Agreement and register an account on the StokFella platform with the prior written consent of one or more of your parents or legal guardians.

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 email address;
3.1.4 contact number;
3.1.5 residential address;
3.1.6 proof of identity;
3.1.7 proof of residence; and
3.1.8 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 the Franc’s Platform or sent to Franc.

3.3 The User must immediately update and inform Franc of any changes to the User’s 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.

3.5 Franc has no obligation to screen, edit or monitor User content on Franc’s Platform (“User Content”). However Franc reserves the right, and has the absolute discretion to remove, screen or edit User Content. Furthermore, if Franc has reason to believe that there is likely to be a breach of security, breach or misuse of Franc’s Platform or if the User breaches any of its obligations under this Privacy Policy, Franc may suspend your use of any aspect of Franc’s Platform at any time and for any justifiable reason.

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. Storage

4.1 Franc will take all reasonable technical and organizational precautions to prevent the loss, misuse or alteration of your Personal Information. Franc uses state of the art technology and encryption to prevent any unauthorised access to 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 utilization of Franc’s Offering. It is the User’s responsible for any and all activities that occur under its account (if any). The User agrees to notify Franc immediately of any unauthorized 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 account, either with or without the User’s knowledge.

5. Dissemination

5.1Franc used 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.

5.3 Links to privacy policy of Third Party Service Providers used by Franc:

Google Play Services


Apple App Store


Easy Equities


Allan Gray



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, regulation passed under relevant legislation, 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

6.1 If any provision of this Privacy Policy is found to be invalid under any applicable law, such provision shall be deleted without affecting the remaining provisions herein.

6.2 Franc may assign, transfer, and subcontract its rights and/or obligations under this Privacy Policy without any notification. The User is prohibited from assigning, transferring, or subcontracting any rights and/or obligations under this Privacy without Franc’s written consent.

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

8.1 Any questions or suggestions regarding these Terms, shall be sent to the following addresses:

info@hifranc.com
3rd Floor, 2 Merchant Place Cnr Fredman Dr & Rivonia Rd Sandton, 2196

Franc - All rights reserved