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1. Introduction
1.1 OpenSeat (Pty) Ltd ("OpenSeat") is a proudly South African company operating from 43 Station Drive, Morningside, Durban.
1.2 For purposes of this privacy policy ("Privacy Policy") "we", "us", "our" refers to OpenSeat and "you", "your", "user" refers to the data subject.
1.3 OpenSeat is committed to respecting your privacy and to processing all Personal Information lawfully, transparently, securely, and in accordance with the Protection of Personal Information Act 4 of 2013 ("POPIA") and applicable South African legislation.
1.4 This Privacy Policy sets out the manner in which OpenSeat processes Personal Information, whether provided by you to us, or collected by us through other means in the course of our providing our services or in your accessing our website, social media platforms and other websites that we might develop.
1.5 This Privacy Policy applies to all external parties with whom we interact, including but not limited to individual clients, representatives of client organisations, suppliers, visitors to our offices, visitors to our website and social media platforms, for employees, job applicants, and other users of our product design and development services.
1.6 This Privacy Policy must, as is appropriate, be read in conjunction with our website terms of use, and any other documents or agreements between you and OpenSeat.
1.7 By providing us with your Personal Information you:
1.7.1 agree to this Privacy Policy and authorise us to process such information as set out herein; and
1.7.2 authorise OpenSeat and our service providers to process your Personal Information for the purposes stated in this Privacy Policy.
1.8 If you are concerned about any aspect of this Privacy Policy as it relates to your Personal Information, then you must immediately refrain from engaging with us and using our website and/or our services. Alternatively, contact us for clarity on the matter that concerns you at [email protected].
2. What is Personal Information?
2.1 "Personal Information" is any data relating to an identifiable living or juristic person and includes name, contact details or any other information that can be used to identify a person.
2.2 "Special Personal Information" is personal information concerning the religious or philosophical beliefs, race or ethnic origin, trade union membership, political opinions, health, biometric information, sexual life or criminal behaviour of a data subject.
3. Collection of Personal Information
3.1 We collect or obtain Personal Information about you, directly from you;
3.1.1 when you make your Personal Information public;
3.1.2 when you register on our OpenSeat platform;
3.1.3 when you visit and/or interact with our platform or our social media platforms;
3.2 We may also receive Personal Information from third-parties (e.g. from clients whom we perform design and development and related services for, recruitment agencies and suppliers of background check services).
3.3 We use third party services that collect, analyse and monitor log data pertaining to our website and the digital products that we design whether they be for commercial and non-commercial purposes.
4. Collection and Processing of Special Personal Information
4.1 We hereby notify you that, in certain circumstances, by engaging with OpenSeat, we may collect Special Personal Information about you.
4.2 The processing of Special Personal Information requires higher levels of protection. OpenSeat has implemented appropriate policies and safeguards, which we are required by law to maintain, to process Special Personal Information.
4.3 Where we need to process your Special Personal Information, we will do so in the ordinary course of our business, for a legitimate purpose and in accordance with POPIA. The situations in which we may process your Special Personal Information include the following:
4.3.1 We may process information relating to you to comply with the law or with any legal process or regulatory body.
4.4 OpenSeat does not knowingly process Personal Information of children.
5. How does OpenSeat use Personal Information?
5.1 Personal information collected by OpenSeat will be used in relation to our professional service, administrative purposes, security purposes and for the enhancement of our current service offering. Specifically, we will use Personal information for the following purposes:
5.1.1 to operate and manage your agreement with us or correspondence you may have with us;
5.1.2 to allow the OpenSeat platform to communicate with you and other users that you wish to communicate with;
5.1.2.1 to allow you to email users that have requested to join your event as their host
5.1.2.2 to allow users that you have accepted as guests to email you as their host
5.1.2.3 to allow you to email a host when you are their guest
5.1.2.4 to allow for platform notifications regarding events you're hosting or attending, community posts and activity within Community Hubs you belong to or lead, organisation and group event invitations, and other criteria that you stipulate to be informed about.
5.1.3 for marketing activities in order to establish, maintain and improve our service offering with you;
5.1.4 to comply with our regulatory reporting obligations;
5.1.5 to comply with our statutory obligations;
5.1.8 in relation to user information on any platform that OpenSeat develops, to create user profiles on our systems, for general administration and user database maintenance;
5.1.9 to carry out any other reasonable technical developments on the digital products we develop and the relationship between the parties;
5.1.10 to maintain and improve our website and our digital products performance and functionality, to optimise, improve and audit the services we offer on our website and digital products we develop;
5.1.11 to create user profiles about you and your access to our website or any of our digital products, including browsing habits, click-patterns, preferences, frequency and times of use, trends and demographic information including recommendations to users, to perform statistical analyses, and to offer you information and content which is more appropriately tailored for you;
5.1.12 to inform you about any changes to our website, this Privacy Policy or other changes that are relevant to you;
5.1.13 for safety and security purposes.
5.2 Your Personal Information may also be used for other purposes for which you give your permission or where we are permitted to do so in terms of POPIA.
6. What Personal Information is Collected by OpenSeat?
6.1 The Personal Information OpenSeat may process will include, without limitation:
6.1.1 identity information, which includes information concerning your name and title;
6.1.2 contact details, which includes your mobile phone number and email addresses;
6.1.3 physical address, which includes your street address, residential area, city, country and postal code;
6.1.4 bank account details, including your bank name, account holder name, account number and branch number. This is used to pay you out when you host an event;
6.1.5 bank card details, including card type, the last 4 digits of the card number and the card expiry date. All critical card information and transaction details are stored with our certified payment solutions provider, Peach Payments;
6.1.6 browsing and device information, which includes your internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access our website or to use our services or engage with us;
6.1.7 website usage information, which includes information as to your access to and use of our website, such as what links you went to, what content you accessed, the amount of content viewed and the order of that content, as well as the amount of time spent on specific content and what services you access and use when engaging with OpenSeat.
6.2 At times, OpenSeat will act as an operator, as defined in POPIA, when it receives third-party data from its clients and partners. In this event, OpenSeat will:
6.2.1 ensure there is a data processing agreement concluded with our partners to ensure adequate protection for the Personal Information;
6.2.2 only process Personal Information in accordance with the user's instructions; and will not process Personal Information for any other purpose other than these expressly stated in the terms and conditions;
6.2.3 ensure the partner has appropriately secured all consents in relation to the processing of Personal Information;
6.2.4 ensure that reasonable steps are taken to ensure the reliability and integrity of all of our employees who have access to Personal Information;
6.2.5 take appropriate technical and organisational measures against the unauthorised or unlawful processing of Personal Information; and
6.2.6 take reasonable steps to guard against accidental loss or destruction of, or damage to, Personal Information.
7. Where is my Personal Information Processed?
7.1 Usually, your Personal Information will be processed within the borders of South Africa on secure OpenSeat servers using industry standard norms to manage, secure and process Personal Information.
7.2 From time-to-time, given the nature of cloud technology, your Personal Information may, in addition to 7.1 above, be stored outside the borders of South Africa to help us offer more efficient and cost-effective solutions. OpenSeat will ensure that your data is only processed on the same or better standards as required in the POPIA, and will request that external suppliers enter into written agreements with us in the event your data needs to be processed outside of South Africa.
8. Disclosure of Personal Information to Third Parties
8.1 We will only share your information with third parties that we have trusted relationships with, and selected third parties who perform services on our behalf. All service providers are bound by contract with us to maintain the security of your Personal Information and to use it only as permitted by us, in accordance with this Privacy Policy and in accordance with POPIA and applicable law.
8.2 In addition, we may disclose your Personal Information:
8.2.1 to comply with the law or with any legal process or regulatory body;
8.2.2 to protect and defend the rights, property or safety of OpenSeat, or our clients, employees, contractors, suppliers, or any third party;
8.2.3 to any relevant third party provider, where our website uses third party advertising, plugins or content.
9. Cookies and Similar Technologies
9.1 Cookies are files with small amounts of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer's hard drive.
9.2 Like many sites, we use "cookies" to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our website or digital products we develop. You may ask for a full list of the cookies we collect by sending us an email to [email protected]. We use mandatory and non-mandatory or optional cookies in this digital product. The mandatory cookies enable browsers to have temporary memory, storing user and session information, and are required to use the site. The optional cookies are there for tracking user behaviour and metrics that assist us in improving the product and its services, facilitated by Google Tag Manager and PostHog. These can be deactivated if you decide so, without affecting your experience.
9.3 The OpenSeat Platform uses service worker technology to provide enhanced performance and limited offline functionality. A service worker is a script that your browser runs in the background, separate from the web page. It may cache certain content (such as page assets and event data) on your device to improve load times and enable basic offline access. Cached data is managed by OpenSeat and does not include sensitive payment or financial information. You may clear this cached data at any time through your browser settings.
9.4 Our website may contain electronic image requests (sometimes referred to as "web beacon" requests) that allow us to count page views and to access cookies. Any electronic image viewed as part of a web page (including an ad banner) can act as a web beacon. Our web beacons do not collect, gather, monitor or share any of your Personal Information. We merely use them to compile anonymous information about our website and/or the Service.
9.5 We use the following third-party analytics and feedback tools:
9.5.1 Google Tag Manager: We use Google Tag Manager to manage and deploy analytics scripts on our website. When you accept our cookie notice, Google Tag Manager may record interactions including booking activity, payment method, ticket price, and a pseudonymous user identifier, and transmit this information to Google's servers. Analytics cookies are only set after you have accepted our cookie notice. You can withdraw your consent at any time by clearing this site's cookies and local storage in your browser, and then declining optional cookies when prompted again. For more information, see Google's Privacy Policy.
9.5.2 PostHog: We use PostHog, an analytics platform hosted in the European Union, to understand how users interact with OpenSeat at a platform level. PostHog records events such as account registration, event creation, and payment processing errors on our servers. Events are associated with a pseudonymous user identifier and do not include your name or email address directly. By default, data is stored on PostHog's EU-hosted servers. If hosting configuration changes, cross-border processing may occur subject to applicable legal safeguards. For more information, see PostHog's Privacy Policy.
9.5.3 Userback: We use Userback to facilitate the in-app "Send Feedback" feature. Userback collects the content of feedback you choose to submit, along with basic browser and session information required to process that feedback. Userback operates as a functional tool and is not used for behavioural analytics or advertising. For more information, see Userback's Privacy Policy.
10. Your rights in relation to Personal Information (Access, Deletion and Correction of Personal Information)
10.1 The provision of Personal Information by any data subject to OpenSeat is entirely voluntary – you may withdraw your consent at any time, or you may contact us at [email protected] to:
10.1.1 enquire about what Personal Information we hold of yours; and/or
10.1.2 request us to delete and/or correct your Personal Information.
10.2 OpenSeat will only retain Personal Information for as long as it is required to serve its primary purpose, or a legitimate interest, or for the period required to comply with an applicable legal requirement, whichever is the longer, and will under the instruction and authority of the Information Officer, ensure that all Personal Information is deleted when it is no longer required (using responsible, appropriate industry-standard methodologies).
11. Information Officer and Responsible Party
11.1 If you have any requests or queries regarding OpenSeat's use of data in terms of any applicable laws, please contact +27 69 504 5673 or [email protected].
11.2 OpenSeat's Information Officer and responsible party is Callum Oberholzer and can be contacted at [email protected] and based at 43 Station Drive, Morningside, Durban, South Africa.
11.3 If you feel that the attempts by OpenSeat to resolve the matter have been inadequate, you may lodge a complaint with the South African Information Regulator by accessing their website at www.justice.gov.za/inforeg.
12. Safeguarding Personal Information
12.1 OpenSeat will take all reasonable steps to ensure your Personal Information is accurate, reliable and up-to-date.
12.2 OpenSeat will ensure that safeguards such as firewalls and data encryption are implemented to protect Personal Information and will enforce physical access controls to our buildings and files.
12.3 We authorise access to Personal Information only for employees, consultants, contractors and partners who necessarily require the data to fulfil job responsibilities.
12.4 If applicable, OpenSeat's hosting company will host any data or service in a secure server environment that uses a firewall and other advanced security measures to prevent interference or access from outside intruders.
13. Incident Response
13.1 We have appointed an incident response team to manage any data breach.
13.2 In the event any Personal Information is compromised as a result of a cyber-attack or some form of data incident, we will notify you of this as soon as is reasonably possible.
14. Other important privacy information
14.1 This Privacy Policy is subject to change, and we will take all reasonable steps to notify users in the event of change hereto.
Version 1.3 April 2026
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