Company Overview

DS Scuti Holdings (PTY) LTD ta CABY^© (“CABY”), established in 2021, is an E-Hailing mobile application that is used for the mediation of transport services between passengers and drivers. E-Hailing is the process of ordering a car, taxi or other form of transportation pick up, via virtual devices or platforms.

This policy applies to all CABY users; Drivers (including Driver applicants), Passengers and relevant Third parties (collectively “Users”), and to all CABY platforms and services, including apps, websites, features, and other services (collectively, the “CABY Platform”). The use of the CABY Platform is subject to the Terms and Conditions.

When using the CABY Platform, CABY collects certain information, which includes but is not limited to:

1. Account Registration – When Users register on the CABY APP.
2. When making use of CABY’s services – Information necessary to provide services to the User.
3. Information from Users web browser.
4. Cookies CABY may send to Users devices and from web beacons on CABY’s App to track how Users utilize CABY’s App and to try and give Users a personalized experience.
5. Any other optional information that the User provides when uploading or downloading content from CABY’s App, entering login details or when Users enter competitions, take advantage of promotions, responds to surveys, or register and subscribe to certain additional services.

CABY may use information for:

1. Marketing purposes.
2. As determined at our discretion, providing services that may be of benefit to Users.
3. Targeted content in certain, specified instances.

CABY might disclose Users information in specific circumstances mentioned in this policy.

Users can:

1. Request CABY to delete personal information collected.
2. Turn off cookies.
3. Opt-out of marketing communications

1. CABY respects User privacy and takes the protection of personal information very seriously. The purpose of this policy is to describe the manner in which CABY collects, stores, uses, and protects information that can be associated with a specific natural or juristic person and can be used to identify that person (“personal information”).
2. Personal information:
3. Includes:
   1. certain information collected on registration (see clause 4.1); and
   2. optional information that Users have voluntarily provided to CABY (see clause 4.3)
4. Excludes:
   1. information that has been made anonymous so that it does not identify a specific person.
   2. permanently de-identified information that does not relate or cannot be traced back to Users specifically; and
   3. non-personal statistical information collected and compiled by CABY and information that Users have provided voluntarily in an open, public environment or forum including (without limitation) any blog, chat room, community, classifieds, or discussion board. As the information has been disclosed in a public forum, it is no longer confidential and does not constitute personal information subject to protection under this policy.

Users are required to accept all terms of this policy when registering for any of CABY’s services. If Users do not agree with anything in this policy, then Users may not register for and use any of the services. If Users are under the age of eighteen, a guardian is required to provide the consent on the Users behalf. By accepting this policy, Users are deemed to have read, understood, accepted, and agreed to be bound by all terms of this policy.

CABY may change the terms of this policy at any time. CABY will notify Users of any changes by placing a notice in a prominent place on the App or by email. If Users do not agree with the change, Users are required to stop using the services. If Users continue to use the services following notification of a change to the terms, the changed terms will apply to Users and Users will be deemed to have accepted such terms.

On registration: Once Users register on the CABY APP, Users will no longer be anonymous to CABY as Users will provide CABY with personal information.

1. This personal information, includes but is not limited to:
2. Names, surnames, Identity numbers, Company names, Company registration numbers, and VAT numbers or other related tax information.
3. Addresses (residential, work, or postal), Email addresses and Telephone numbers.
4. User IDs and passwords.
5. Credit card numbers or other forms of payment information.
6. Additional profile information such as photos or other preferences.
7. other forms of personal information as defined by the Protection of Personal Information Act 4 of 2013 (“POPI Act”).
8. If applying to be a Driver, additional information collected may include, but it not limited to:
   1. Drivers’ license information.
   2. Vehicle information.
   3. Car insurance information.
   4. Any relevant permits; and
   5. Other information as may be required by CABY.
9. Collection on use: In order to provide services to Users, Users will be requested to provide CABY with additional information on a voluntary basis, which may apply to specific products, promotions or circumstances, and such additional service information may differ from time to time (“service information”).
10. Optional details: Users may also provide additional information (“optional information”) on a voluntary basis. This includes content or products that Users decide to upload or download from CABY’s App, or when Users enter competitions, take advantage of promotions, respond to surveys, register, and subscribe for certain additional services, or otherwise use the optional features and functionality of the App.
11. Collection from browser: CABY automatically receives and records Internet usage information on CABY’s server logs from Users browsers, such as Users Internet Protocol address (“IP address”), browsing habits, click patterns, version of software installed, system type, screen resolutions, colour capabilities, plug-ins, language settings, cookie preferences, search engine keywords, JavaScript enablement, the content and pages that Users access, dates and times that Users visit the App, paths taken and time spent on the App (“usage information”).
12. Cookies: When accessing CABY’s App, CABY may send one or more cookies (small text files containing a string of alphanumeric characters) to Users devices to collect certain usage information. Cookies are small text files that web servers place on your device; they are designed to store basic information and to help websites and apps recognize the User’s browser. CABY uses session cookies and persistent cookies, which may be used by Users on subsequent visits to the CABY APP. A session cookie disappears after User’s close their browser. A persistent cookie remains after User’s close their browser and may be accessed every time the CABY Platform is used. CABY uses information gathered by cookies to improve the App. Cookie settings may be modified, however, deleting or refusing to accept cookies may result in certain features being disabled on the App. Take note that some of CABY’s business partners (e.g., advertisers) use their own cookies or widgets on our App. CABY has no access to, or control over them. Information collected by any such cookie or widget is governed by the privacy policy of the company that created it, and not by CABY.
13. Purpose for collection: CABY collects information about the use of the CABY Platform which includes but is not limited to ride information such as date, time, destination, distance, route, and payment. CABY may use any service information, optional information, or personal information provided by Users for such purposes as indicated to Users at the time. Users agree to provide such service information or optional information. CABY may use Users usage information for the purposes described above and to:
14. Remember Users information so that Users will not have to re-enter it during the visit or the next time Users access the App.
15. Monitor usage metrics such as the total number of visitors.
16. Track entries, submissions, and status in any promotions or other activities in connection with usage of the App; and
17. Collect personal information from Users in order to provide services that may be of benefit.

CABY will obtain consent to collect personal information:

1. Through this personal information and privacy policy.
2. In accordance with applicable law; and
3. At the time Users provides CABY with any registration information or optional information.

1. Providing the CABY Platform: Information is used to provide a useful and efficient experience. Information collected is used to verify Users identity, connect Users to rides and to track the progress, calculate prices and process payments, share locations, connect drivers and passengers, collect feedback on the User’s experience and operate promotions.
2. Messages and updates: CABY may send administrative messages and email updates to Users. In some cases, CABY may also send Users primarily promotional messages. Users can choose to opt-out of promotional messages.
3. For the safety and security of the CABY Platform and its Users: To provide a secure and safe ride, information is used (without limitation) to authenticate Users, verify that Drivers and vehicles meet the necessary safety requirements, resolve incidents, accidents, and insurance claims, prevent fraud, and remove or block unsafe or fraudulent Users.
4. Targeted content: While logged into the App, CABY may display targeted adverts and other relevant information based on the personal information. In a completely automated process, computers process the personal information and match it to adverts or related information.
5. Sharing: CABY may share personal information with:
   1. Other divisions or companies within the group of companies to which CABY may belong, affiliates, strategic partners, or selected service providers so as to provide joint content and services such as registration for transactions and customer support, to help detect and prevent potentially illegal acts and violations of CABY’s policies, and to guide decisions about their products, services, and communications.
   2. An affiliate, in which case we will seek to require the affiliates to honour this privacy policy.
   3. Service providers under contract who help with parts of CABY’s business operations (including fraud prevention, bill collection, marketing, technology services). CABY’s contracts dictate that these service providers only use information in connection with the services they perform for CABY and not for the service providers’ own benefit.
   4. Credit bureaus to report account information, as permitted by law.
   5. Banking partners as required by credit card association rules for inclusion on their list of terminated merchants (in the event that Users utilize the services to receive payments and meet the institution’s criteria).
   6. Any App deployment services such as an App store, website, or third-party App provider.
6. Regulators: If Users contact CABY regarding their experience with using any of CABY’s services or products, CABY may disclose Users personal information as required by law or governmental audit.
7. Legal reasons and Protection of the CABY Platform: CABY may disclose personal information in response to legal obligations or after determining it is reasonable or appropriate to do so. This may include, but is not limited to:
   1. To comply with any law or regulation, criminal or regulatory inquiry, legal processes or by enforceable regulatory request.
   2. Legal processes which may include (without limitation) warrants, subpoenas, or court orders, etc.
   3. To protect the safety of any individual or the general public.
   4. To protect against harm to CABY’s interests, rights, properties, etc.; and
   5. To prevent violation and enforce CABY’s Terms and Conditions.
8. Statistical or Marketing purposes: CABY may disclose aggregate statistics about the personal information of Users to advertisers or business partners.
9. Employees: CABY may need to disclose personal information to employees if the disclosure of personal information is required to perform their duties.
10. Customer support: To enable CABY to provide the best service possible, information is used to assist Users in resolving issues that might arise with the Platform and to respond or provide support when required.
11. With the permission of Users, CABY may disclose personal information to interact with third parties for any other purpose.

Information is retained for as long as necessary to provide Users access to the CABY Platform. This requires retention of profile information for as long as Users maintain an account. Transactional information is retained for at least 5 years to ensure CABY can perform legitimate business functions, such as accounting for tax obligations. CABY uses device safeguards such as (without limitation) firewalls and data encryption to protect personal information and CABY enforces physical access controls to CABY’s buildings and files. CABY authorizes access to personal information only to those employees who require it to fulfil their job responsibilities. CABY’s hosting company will host the App in a secure server environment that uses a security system and other advanced security measures to prevent interference or access from outside intruders.

CABY endeavors to keep the personal information collected as accurate, complete, and up to date as is necessary for the purposes explicitly defined in this policy. From time-to-time CABY will request Users to update personal information on the App. Users are able to review or update any personal information that is held on Users by accessing Users accounts online, by email or telephone. Please note that in order to better protect Users and safeguard personal information, CABY takes various steps to verify Users identity before granting access to accounts or making any corrections to personal information.

1. CABY will only retain personal information for as long as it is necessary to fulfil the purposes explicitly set out in this policy, unless:
2. Retention of the record is required or authorized by law.
3. Consent has been given to the retention of the record.
4. During the period of retention, CABY will continue to abide by the non-disclosure obligations and will not share or sell Users personal information.

CABY may transmit or transfer personal information outside South Africa to a foreign country. Personal information may be stored on servers located outside of South Africa in a foreign country whose laws protecting personal information are as stringent if not more stringent that the Privacy Laws of South Africa.

CABY is not directed to children and does not knowingly collect personal information from children under the age of 18 If CABY is made aware that a child under eighteen has provided personal information, necessary steps will be taken to delete such information. Should a User be made aware that a child under the age of eighteen has provided personal information to CABY, kindly contact support@caby.app.

Users may choose to correct, update, or remove personal information submitted, by contacting CABY at: support@caby.app.

CABY is not responsible for, gives no warranty, nor makes any representation in respect of the privacy policies or practices of linked, or any third-party websites. Users are required to review third parties’ policies. Should Users have any queries or question about their privacy policy, Users are requested to contact those third parties directly.

1. The Policy may be amended from time to time:
2. as soon as any amendments have been affected; or
3. annually, of which the latest version will be published in accordance with the POPI Act.
4. Any updates or material changes will be done online, and Users will be made aware through the CABY Platform or by some other method of communication, which includes but is not limited to emails. When using CABY, Users are agreeing to the most recent terms of this policy.

Any questions or concerns about Users privacy or anything in this policy, including if Users need to access the policy in an alternative format, Users are encouraged to contact support@caby.app.