Terms of Use
Welcome to OneUp™, where we believe that business finance should be synonymous with access, options, privacy and competitive bidding.
By using this Website www.oneupvc.com and any associated applications, portals, backend or APIs, or such part thereof (together herein referred to as the “Website”), you agree to the Terms and Conditions as set out herein.
This is a summary document on the privacy and security protocols deployed within our company, informs you of our terms of use, security protocols and policies regarding the collection, use, and disclosure of personal data when you use the Website and the options you have associated with that data.
“We” are OneUp™, and “us”, “our” and “VennCap” have a corresponding meaning herein. “You” and “your” refer to the User (User, includes members or guests to the Website), collectively referred to herein as the “Parties”.
Should you not agree to be bound by this Policy, please immediately cease your use of or access to the Website. Any and all use shall invoke this Policy to be binding between the Parties.
By using the Website, you agree to the collection and use (“Processing”) of information in accordance with this Policy, read together with our full POPIA Policy, which can be obtained from our registered Information Officer.
The Company is a Responsible Party for Protected Information and Special Protected Information (hereafter “Protected Information”) as defined under the Protection of Protected Information Act 4 of 2013 (hereafter “POPIA”).
The Company is committed to protecting the Data Subject’s privacy and ensuring that their Protected Information is used appropriately, transparently, securely, and in accordance with the laws of the Republic of South Africa.
- Purpose
- For the purposes of this Policy, Personal Information will be understood in accordance with the definition provided in the Protection of Personal Information Act 4 of 2013 (“the Act”). OneUp™ also subscribes to the principles for electronically collecting personal information outlined in the Act, and the further legislation referred to therein. We endeavor to ensure the quality, accuracy and confidentiality of Personal Information in our possession.
- In adopting this Privacy Policy, we wish to balance our legitimate business interests and your reasonable expectation of privacy. Accordingly, we will take all reasonable steps to prevent unauthorised access to or disclosure of your Personal Information. However, notwithstanding robust security mechanisms and protocols being in place, it should be stressed that We cannot guarantee the absolute safety of your information.
We collect several different types of information for different purposes to provide and improve our service offering to you. The types of information we collect include:
2.1 Personal Information
Users will be prompted to register an account with OneUp™. In so doing, we may request you to provide us with certain personally identifiable information (Personal Information). This may include, but is not limited to:
2.1.1. First and Last Name
2.1.2. Cell Phone Number
2.1.3. Email Address
2.1.4. Address, Province, City and Postal code
2.1.5. Company / CC / Business Name
2.1.6. Company/Cc/Business Registration Number
2.1.7. Company Financial Information (as supplied)
2.1.8. Credit History & Score (Individual & Company)
2.1.9. Cookies and Usage Metrics
All payment information will be captured through the Website and processed by selected Third-party payment gates. OneUp™ shall not retain any payment information on behalf of its Users.
2.2 Log Files
2.2.1 When you access the Website, even if you do not create an account, we may collect certain information automatically, such as your IP address, the name of your ISP (Internet Service Provider), your browser, the website from which you visit us, the pages on our website that you visit and in what sequence, the date and length of your visit, and other information concerning your computer’s operating system, language settings, and broad demographic information. This information is aggregated as anonymous data and does not identify you specifically.
2.2.2 However, you acknowledge that this data may be able to be used to identify you if it is aggregated with other Personal Information that you supply to us. This information is not shared with third parties and is used only within OneUp™ on a need-to-know basis.
2.2.3 Any individually identifiable information related to this data will never be used in any way different to that stated above, without your explicit consent.
2.3 Tracking & Cookies Data
2.3.1 We use cookies and similar tracking technologies to track the activity on the Website and retain certain information. Cookies are files with small amounts of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve our service offering and analyse the Website and your usage thereof.
2.3.2 You have the option to set your browser preferences to refuse all cookies or to indicate when a cookie is being sent. It should be noted that should you disable cookies on your browser that some elements of the Website, especially those features that improve and operate User interface and experience, will also be disabled.
2.3.3 Examples of Cookies we use:
2.3.3.1 “Session cookies”: These are used to maintain a so-called ‘session state’ and only lasts for the duration of your use of the Website. A session cookie expires when you close your browser, or if you have not visited the server for a certain period. Session cookies are required for the Platform to function optimally but are not used in any way to identify you personally.
2.3.3.2 “Permanent cookies”: These cookies permanently store a unique code on your computer or smart device hard drive to identify you as an individual User. No Personal Information is stored in permanent cookies. You can view permanent cookies by looking in the cookies directory of your browser installation. These permanent cookies are not required for the Website to work, but may enhance your browsing experience.
2.3.3.3 “Preference Cookies”: We use Preference Cookies to remember your preferences and various settings.
2.3.3.4 “Security Cookies”: We use Security Cookies for security purposes.
3.1. OneUp™ processes data for various purposes, including but not limited to:
3.1.1. Performing such administrative and business functions as required to fulfil our license obligations to Users.
3.1.2. Promote our legitimate business interests, including but not limited to managing, operating or promoting the Company.
3.1.3. In compliance with or to fulfil a legal obligation, whether contractually or otherwise.
3.1.4. To protect the vital interests of any individual or Client.
3.1.5. Limiting liability for ourselves, our parent company, subsidiaries, Clients or third parties.
3.1.6. Detecting and preventing fraud, crime, money laundering and other malpractice.
3.1.7. For the administration of legal proceedings, to which we are a party.
3.1.8. Keeping of accounts and records.
3.1.9. Complying with legal and regulatory requirements.
3.1.10. The provision and performance of the Website.
3.1.11. Informing you of changes made to the Website.
3.1.12. Responding to any queries or requests you may have.
3.1.13. Providing customer care and support.
3.1.14. Providing analysis or valuable information for improving the Website.
3.1.15. To develop new products, services, features and functionality.
3.1.16. Detect, prevent and address technical issues.
3.1.17. Understanding general User trends and patterns so that we can develop and support existing and ongoing marketing strategies.
3.1.18. The creation and development of market data profiles which may provide insight into market norms, practices and trends to help us improve our offering to you. Such information will be compiled and retained in aggregated form, but shall not be used in any way which may comprise the identity of a User.
4.1. OneUp™ shall not share your data with Funders if not authorized and/or actioned by you on the Website.
4.2. The User warrants that it has obtained the consent of any third party for the use of that party’s personal information, or otherwise that such processing is lawful, and indemnifies OneUp™ from any claim brought by such third party as a result of its failure to do so.
5. Cross-Border Data Flow
5.1. It is noted that some of the group affiliates and/or third-party service providers may be situated outside of the Republic of South Africa or the European Economic Area (the “EEA”) or be from a region with a legal restriction on international data transfers. Should cross-border transfers be made to a country for which the EU Commission has not issued an adequacy decision, the Company shall ensure that such transfers are guided by contractual clauses that contractually require a level of data protection consistent with the EEA.
5.2. Your usage of the Website followed by your submission of such information represents your agreement to such cross-border transfer.
5.3. OneUp™ will take all steps reasonably necessary to ensure that your data is treated and controlled securely.
6. Storage of Data
6.1 The Company shall adhere to the retention best practice principles, and such other statutory and regulatory requirements may be applicable.
6.2 Your information will not be stored for longer than is necessary for the purposes described in our POPI Policy or as required by applicable legislation.
6.3 Notwithstanding the above, all transactional financial information older than 12 months shall auto-delete.
6.4 The destruction or deletion of a record of Personal Data shall be done in a manner that prevents its reconstruction in an intelligible form.
6.5 The User consents to OneUp™ processing personal information transmitted to our system in a way which is consistent with the T&Cs provided.
6.6 OneUp™ may retain backups as a matter of course for up to one year after termination, and the User consents to such retention. However, OneUp™ gives no warranty in respect of the effectiveness of such backups (if any).
OneUp™ may disclose your Personal Information in good faith where such action is necessary to:
7.1 To comply with a legal obligation.
7.2 To protect and defend the rights or property of OneUp™.
7.3 To prevent or investigate possible wrongdoing in connection with the usage of the Website.
7.4 To protect the personal safety of Users of the Website and the public in general.
7.5 To protect against legal liability.
8. Security of Data
8.1. The security of your data is important to us but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
8.2. Our part:
8.2.1. Passwords are stored in an encrypted format and as such access to your account is exclusively controlled by you.
8.2.2. VennCap is powered by the industry standard Amazon AWS technology stack. This means your data is safely stored in ‘best in class’ data centers around the globe every day.
8.2.3. Access to this information is logged and strictly controlled on a need-to-know basis.
8.2.4. All our employees undergo background checks, receive relevant regulation and security training and are required to adhere to company policies.
8.2.5. We conduct regular account and security audits to ensure the continued protection of all Users.
9.2 Your part:
9.2.1 Users agree that their login details and password will be secured and never be shared or disclosed to any third party.
9.2.2 Should a User discover a security violation, or believe that a security violation is imminent, the User must immediately notify OneUp™ in an appropriate way that does not further compromise security concerns.
9.2.3 The User must give its full cooperation to OneUp™ in any investigation regarding a security violation.
9.2.4 The User must not do anything that may impair the security of OneUp™ or other Users and must take all reasonable measures necessary to ensure that:
9.2.4.1 No unlawful access is gained to OneUp™’s data, the OneUp™ system, or the User’s system.
9.2.4.2 No malicious code including but not limited to viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs are introduced into the OneUp™ system; and
9.2.4.3 The User data is safeguarded.
9.2.5 Users will be held liable for any damages that occur as a result of their unlawful conduct and/or negligence.
9.3 If a security violation occurs, or OneUp™ is of the view that a security violation is imminent, OneUp™ may take whatever steps it considers necessary to maintain the proper functioning of the system including without limitation:
9.3.1 Shutdown the OneUp™ Website; or
9.3.2 Limit access to the OneUp™ Website.
9.4 OneUp™ takes reasonable measures of disaster recovery but does not warrant that recovery will be successful or that it will be completed within any time limit.
9.5 OneUp™ may on prior written notice to the User inspect the User’s installation and User equipment to ensure compliance.
9.6 By signing up and submitting Personal Data to OneUp™, Users expressly agree to validation and verification methods such as two-factor authentication and/or multi-factor authentication, using Personal Data submitted, or such information as required by OneUp™ from time to time. The method of verification used will be implemented at the discretion of the OneUp™.
9.7 If access to any portion of the Website requires a log in and your details, all reasonable steps will be taken to secure your personal information. You undertake not to divulge your Username and password to any other person.
9.8 Users are prohibited from violating, or attempting to violate, the security of the Website, including, but without limitation:
9.8.1 Accessing data not intended for such User or logging into a server or account which the User is not authorised to access.
9.8.2 Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation.
9.8.3 Attempting to interfere with the service to any User, host or network, including, without limitation, via means of submitting a virus to the website, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”.
9.8.4 Sending and/or posting unsolicited e-mail, including promotions; advertising content and/or advertising of products or services.
9.8.5 Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.
9.8.6 Deleting or revising any material posted by any other person or entity.
9.8.7 Using any device, software or routine to interfere, or attempt to interfere, with the proper working of this website or any activity being conducted on this site.
9.3 Violations of system or network security may result in civil and/or criminal liability.
9. Service Providers
We may employ third party companies and individuals to facilitate our Service (“Service Providers”), to provide the Service on our behalf, to perform Service-related services or to assist us in analysing how our Service is used. These third parties have access to your Personal Data only to perform these tasks on our behalf and are bound by this privacy policy to not disclose or use any of the data provided other than for the performance of their appointment.
10.1. OneUp™, and the services available through the Website, may contain links to other third-party websites, API’s or applications, including but not limited to social media platforms, payment gateways, or live chat platforms (“Third Party Sites”). If you select a link to any Third Party Site, you may be subject to such Third Party Site’s terms and conditions and/or other policies, which are not under the control, nor responsibility, of OneUp™.
10.2. Hyperlinks to Third Party Sites are provided “as is”, and OneUp™ does not necessarily agree with, edit or sponsor the content on Third Party Sites.
10.3. OneUp™ does not monitor or review the content of any Third Party Site. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of other websites, either.
10.4. Users should evaluate the security and trustworthiness of any Third Party Site before disclosing any personal information to them. OneUp™ does not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
11. Analytics
We may use third-party Service Providers to monitor and analyze the use of our Service some of these Service Providers may include:
11.1 Google Analytics, a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network. You may opt-out of certain Google Analytics features through your device settings, such as your device advertising settings or by following the instructions provided by Google in their Privacy Policy: https://policies.google.com/privacy?hl=en
11.2 For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en
11.3 Firebase, an analytics service provided by Google Inc. You may opt-out of certain Firebase features through your device settings, such as your device advertising settings or by following the instructions provided by Google in their Privacy Policy: https://policies.google.com/privacy?hl=en
Our Service does not address anyone under the age of 18 (“Children”). We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Children have provided us with Personal Data, please contact us to investigate and take the appropriate actions.
13. Changes to the Privacy Policy
13.1. We may amend our Terms of Use and Privacy Policy from time to time.
13.2. Your use of Our Site indicates that you agree to the Privacy Policy and Terms and Conditions posted on Our Site. If you do not agree, you may not use Our Site.
13.3. All amendments to the T&Cs will be uploaded to the Website. You are advised to review the T&Cs from time to time to ensure that you are up to date with any amendments.
13.4. You agree to view the current version each time you access the Website.
13.5. Your use of Our Site implies that you understand that each time you access Our Site the then-current Privacy Policy will apply.
13.6. Should we have amended the Privacy Policy, this amended version will supersede and replace all previous versions.
13.7. A certificate signed by the administrator responsible for maintaining this Website will be prima facie proof of the date of publication and content of the current version and all previous versions of the conditions.
14.1. Assignment: You may not assign or transfer, by operation of law or otherwise, any of its rights under this Agreement to any third party without OneUp™’s prior written consent; any attempted assignment or transfer in violation of the foregoing will be void.
14.2. Force Majeure: Neither party shall be liable to the other for any delay or failure to perform any obligation under this Agreement if the delay or failure is due to events which are beyond the reasonable control of such party, including but not limited to any strike, blockade, war, an act of terrorism, riot, natural disaster, failure or diminishment of power, telecommunications or data networks or services, or refusal of approval or a license or right to operate by a government agency or industry regulator
14.3. Domicilium You nominate the address, electronic mail and cell phone number as provided on your User profile as the addresses where you shall receive all communications, legal documents and notices.
14.4. Deemed Receipt: Any notice to be given by either Party to the other shall be deemed to have been duly received by the other Party – if delivered to the addressees:
14.4.1. At its chosen Physical Address by hand during business hours on a business day, on the date of delivery thereof; or
14.4.2. by electronic mail or text message, Data Messages (as defined in the ECT Act) will be deemed to have been received by OneUp™ if and when OneUp™ responds to the Data Messages.
14.4.3. Data Messages sent by OneUp™ to a User will be deemed to have been received by such User when successfully in terms of the provisions specified in section 23(b) of the Electronic Communications and Transactions Act 25 Of 2002.
14.4.4. Users acknowledge that electronic signatures, encryption and/or authentication are not required for valid electronic communications between Users and OneUp™.
14.5. Governing Law: The laws of the Republic of South Africa apply to these terms of use as well as the relationship between yourself and OneUp™ as far as it concerns the use of our Website or any matter that may arise from such use.
15. Contact Us
15.1. OneUp™ is a subdivision of OneUp™ (Pty) Ltd.
15.2. OneUp™ (Pty) Ltd is a Private Limited company incorporated under the laws of the Republic of South Africa with registration number 2019/281545/07.
15.3. Our address of establishment is 107 Boardwalk Boulevard, Boardwalk Office Park, Building N2, and we will accept service of all legal documents there.
15.4. Website is located at: www.oneupvc.co.za
15.5. Telephone and support number is +(27)61 5247 631
15.6. Email: info@oneup.co.za
Last updated: 8 December 2024