WHERE’S THE FUNCTION
COOKIE & TRACKING TECHNOLOGIES POLICY
Operated by Wheres The Function Holdings (Pty) Ltd
Effective Date: [TO BE INSERTED BEFORE PUBLICATION]
Last Updated: [TO BE INSERTED BEFORE PUBLICATION]
1. INTRODUCTION
This Cookie & Tracking Technologies Policy (“Cookie Policy”) explains how Wheres The Function Holdings (Pty) Ltd (“WTF Holdings”, “Where’s the Function”, “we”, “us” or “our”) may use cookies and similar technologies in connection with:
- the Where’s the Function website;
- the Where’s the Function mobile application;
- Account and authentication functionality;
- Event discovery;
- Ticketing;
- analytics;
- security;
- advertising and promotions;
- integrated third-party services; and
- other digital services operated by us.
This Cookie Policy should be read together with our:
- Privacy Notice & POPIA Policy;
- Terms of Use; and
- other applicable Platform policies.
Our use of cookies and similar technologies will comply with applicable South African law, including the Protection of Personal Information Act 4 of 2013 (“POPIA”) and applicable electronic communications requirements.
2. WHAT ARE COOKIES?
Cookies are small data files that a website may place or store on a User's browser or device.
Cookies may allow a website to:
- recognise a browser or device;
- maintain a session;
- remember preferences;
- authenticate a User;
- protect an Account;
- understand how features are used;
- measure performance; or
- support other digital functionality.
Cookies may contain or generate identifiers or information that constitutes personal information where it relates to or can reasonably be linked to an identifiable person.
Not every technology used by the Where’s the Function mobile application is technically a “cookie.”
For that reason, this Policy also addresses similar technologies.
3. WHAT ARE TRACKING AND SIMILAR TECHNOLOGIES?
Depending on the Platform and technologies actually implemented, Where’s the Function may use technologies such as:
- browser cookies;
- local storage;
- session storage;
- software development kits (“SDKs”);
- mobile application identifiers;
- device identifiers;
- pixels;
- tags;
- scripts;
- analytics technologies;
- authentication tokens;
- crash-reporting technologies;
- fraud-prevention technologies;
- advertising identifiers; and
- similar technologies.
In this Policy, we refer to these collectively as “Tracking Technologies” where appropriate.
The presence of a technology in this list does not mean that Where’s the Function currently uses every technology listed.
Before launch and as the Platform develops, our public disclosures will be updated to reflect the technologies actually implemented.
4. WHY WE USE COOKIES AND TRACKING TECHNOLOGIES
Where’s the Function may use Cookies and Tracking Technologies for purposes including:
- operating the Platform;
- keeping Users signed in;
- authenticating Accounts;
- maintaining sessions;
- protecting Accounts;
- detecting fraud or abuse;
- remembering preferences;
- enabling Ticketing functionality;
- facilitating checkout;
- maintaining shopping or Ticket selections;
- improving Platform performance;
- diagnosing technical problems;
- measuring feature usage;
- understanding how Users navigate the Platform;
- supporting Event discovery;
- measuring marketing performance;
- displaying advertising or promoted Content;
- supporting integrated Third-Party Services; and
- complying with legal or security requirements.
We will not use a Tracking Technology for a materially different purpose merely because the technology makes that processing technically possible.
5. CATEGORIES OF COOKIES AND TRACKING TECHNOLOGIES
The categories below describe the types of technologies that may be used.
Actual implementation will depend on the final website and application configuration.
5.1 Strictly Necessary Technologies
These technologies are necessary for core Platform functionality.
They may be used for purposes such as:
- authentication;
- Account login;
- security;
- session management;
- fraud prevention;
- load balancing;
- Ticket checkout;
- transaction continuity;
- privacy-preference storage; and
- other functionality necessary to provide a service requested by the User.
Where a technology is genuinely necessary to provide requested functionality, disabling it may prevent parts of the Platform from functioning correctly.
We will not classify a technology as “strictly necessary” merely to avoid obtaining consent for functionality that is actually optional.
5.2 Functional Technologies
Functional technologies may remember choices made by Users and improve convenience.
They may support:
- language preferences;
- location preferences;
- display preferences;
- saved settings;
- remembered Event preferences; or
- other optional functionality.
Where required, Users will be provided with an appropriate choice concerning optional functional technologies.
5.3 Analytics and Performance Technologies
Analytics technologies may help us understand:
- number of Platform visits;
- application usage;
- feature engagement;
- Event-page interactions;
- navigation patterns;
- errors;
- crashes;
- application performance;
- conversion activity; and
- general Platform performance.
We may use this information to:
- improve Platform functionality;
- identify technical problems;
- understand which features are useful;
- improve Event discovery;
- measure business performance; and
- improve the User experience.
Where analytics data relates to or can reasonably be linked to an identifiable person, we will treat it as personal information.
Where consent is required for a particular analytics technology, we will obtain that consent before activating the relevant optional technology.
5.4 Advertising and Marketing Technologies
Where’s the Function may in future use advertising or marketing technologies to:
- measure campaigns;
- understand whether advertisements resulted in Platform visits or Ticket purchases;
- limit repeated advertising;
- measure promotional performance;
- support sponsored Content;
- attribute referrals; or
- deliver advertising where legally permitted.
We will not represent that Where’s the Function currently conducts personalised advertising, behavioural advertising or cross-app tracking unless those technologies are actually implemented.
Where advertising or tracking technologies require consent, they will not be activated until the appropriate consent mechanism has been satisfied.
5.5 Security and Fraud-Prevention Technologies
We may use technologies designed to:
- identify suspicious login activity;
- detect automated abuse;
- detect Ticket fraud;
- identify suspicious payment activity;
- prevent Account takeover;
- protect transactions;
- enforce security restrictions; and
- maintain Platform integrity.
Some security technologies may be necessary to provide the Platform safely and may therefore operate regardless of optional analytics or marketing preferences where legally permitted.
Security functionality will not be disguised as marketing or advertising functionality.
6. FIRST-PARTY AND THIRD-PARTY TECHNOLOGIES
Cookies and Tracking Technologies may be provided either directly by Where’s the Function or by third parties.
6.1 First-party technologies
First-party technologies are controlled by or implemented on behalf of Where’s the Function for purposes connected with our Platform.
6.2 Third-party technologies
Third-party technologies may be provided by organisations supplying services such as:
- cloud infrastructure;
- authentication;
- payment processing;
- analytics;
- crash reporting;
- communications;
- maps;
- transportation integrations;
- accommodation integrations;
- fraud prevention;
- advertising;
- social functionality; or
- other Platform services.
A third party may process information as:
- an operator acting on our instructions; or
- an independent responsible party determining its own processing purposes.
The legal role depends on the actual arrangement.
We will not describe every third-party technology provider as an operator merely because its technology is integrated into the Platform.
7. MOBILE APPLICATION TECHNOLOGIES
Mobile applications do not rely solely on browser cookies.
The Where’s the Function application may use:
- SDKs;
- application storage;
- authentication tokens;
- device identifiers;
- application-instance identifiers;
- push-notification tokens;
- crash-reporting tools;
- analytics technologies;
- fraud-prevention technologies; and
- other application technologies.
Depending on the functionality, mobile operating systems may provide separate controls relating to:
- location;
- notifications;
- advertising identifiers;
- tracking permissions;
- camera access;
- photographs;
- storage; or
- other device functionality.
A permission granted through an operating system does not automatically mean that every form of processing associated with that permission is lawful under POPIA.
Where necessary, we will separately assess the legal justification for the underlying processing.
8. LOCATION TECHNOLOGIES
Where’s the Function may use location-related technologies to support functionality such as:
- nearby Event discovery;
- Venue information;
- mapping;
- distance calculations;
- transportation integrations; and
- location-relevant recommendations.
Location information is addressed more fully in our Privacy Notice & POPIA Policy.
We will not describe continuous or background location tracking as occurring unless that functionality is actually implemented and appropriately disclosed.
Where precise device location requires operating-system permission, Users will be able to manage that permission through their device settings.
Disabling location permission may reduce the functionality of certain Platform features.
9. AUTHENTICATION AND ACCOUNT TECHNOLOGIES
We may use Cookies or Tracking Technologies to:
- authenticate Users;
- maintain secure sessions;
- recognise authenticated devices;
- prevent unauthorised Account access;
- remember security settings; and
- protect Account functionality.
Authentication tokens and similar credentials should be protected from unauthorised access.
Users should not intentionally share Account authentication credentials with unauthorised persons.
10. TICKETING AND PAYMENT TECHNOLOGIES
Ticketing and checkout functionality may use Cookies or similar technologies to:
- maintain Ticket selections;
- preserve transaction sessions;
- prevent duplicate transactions;
- detect payment fraud;
- issue Tickets;
- validate Ticket purchases;
- manage checkout state; and
- interact with payment providers.
Payment providers may separately use technologies necessary to process payments, prevent fraud and comply with their own legal obligations.
Where a payment provider acts independently, its use of Tracking Technologies may also be governed by its own privacy and cookie disclosures.
11. TRANSPORTATION AND ACCOMMODATION INTEGRATIONS
Where’s the Function may integrate with third-party transportation, accommodation or booking services.
Those integrations may use:
- APIs;
- authentication tokens;
- SDKs;
- location information;
- referral identifiers;
- booking identifiers; or
- similar technologies.
The precise technology and information exchanged will depend on the approved integration.
Where a third-party provider independently processes information, its own privacy and tracking practices may apply.
Where’s the Function will not imply that a third-party provider sponsors, endorses or partners with us merely because its service is technically integrated with the Platform unless the relevant relationship has been formally approved.
12. ANALYTICS
We may use analytics services to understand how the Platform performs.
Analytics may involve information such as:
- application or website activity;
- pages or screens viewed;
- Event interactions;
- approximate technical location;
- device type;
- browser;
- operating system;
- session duration;
- referral source;
- error information;
- application version; and
- identifiers associated with the relevant analytics system.
Before implementing a material analytics provider, we will assess:
- the information collected;
- the purpose of processing;
- applicable POPIA justification;
- whether consent is required;
- retention;
- international transfers;
- security;
- provider contractual terms; and
- whether the provider acts as an operator or independent responsible party.
13. ADVERTISING
Where’s the Function's business model may include advertising, promoted Events and sponsored Content.
Advertising does not necessarily require behavioural tracking.
Where we can provide advertising without creating behavioural profiles, we may do so.
If we introduce technologies that:
- track Users across websites or applications;
- create advertising profiles;
- use advertising identifiers;
- perform behavioural targeting; or
- otherwise materially expand advertising-related processing,
we will update this Policy and implement any required notice or consent mechanism before activating that processing.
14. SENSITIVE INFORMATION AND ADVERTISING
Nightlife activity may sometimes reveal or allow sensitive inferences concerning a User.
For example, Event attendance, searches or interactions could potentially reveal or be used to infer characteristics relating to:
- religion;
- health;
- sex life or sexual orientation;
- political views; or
- other sensitive matters.
Interest in or attendance at a particular Event does not necessarily establish that a User possesses a particular characteristic.
Where’s the Function will not intentionally use Event attendance, Event searches, accessibility requests, User Content or similar activity to create sensitive advertising profiles unless the processing is legally authorised and any consent required by law has been obtained.
This commitment applies whether the profiling would be performed directly by WTF or through an advertising or analytics provider acting on our behalf.
15. CONSENT
Where consent is legally required before using a Cookie or Tracking Technology, we will seek that consent before activating the relevant optional technology.
A consent mechanism should allow Users to make a genuine choice.
Where appropriate, Users may be offered categories such as:
- Necessary;
- Functional;
- Analytics; and
- Advertising.
Optional categories should not be activated merely because a User ignored or closed a consent interface where affirmative consent is legally required.
Consent will not be bundled unnecessarily with access to unrelated functionality.
Where consent is the basis relied upon, Users may withdraw it subject to applicable law.
16. COOKIE BANNER AND CONSENT MANAGEMENT
Before public website launch, Where’s the Function will implement an appropriate cookie or tracking consent mechanism where required by the technologies actually deployed.
The mechanism should:
- distinguish necessary from optional technologies;
- provide understandable category descriptions;
- allow Users to accept applicable optional technologies;
- allow Users to reject applicable optional technologies;
- provide access to preference controls;
- avoid misleading interface design; and
- retain appropriate evidence of consent where consent is relied upon.
Where practicable, rejecting optional technologies should be reasonably comparable in ease to accepting them.
The Platform should not present a consent choice while technically activating optional technologies before the User has made that choice where prior consent is required.
17. WITHDRAWING OR CHANGING CONSENT
Where optional Cookies or Tracking Technologies rely on consent, Users will be provided with a mechanism to change or withdraw their preferences.
This may be available through:
- a Cookie Settings link;
- privacy settings;
- application settings;
- device settings; or
- another accessible mechanism.
Withdrawal of consent does not retrospectively make processing undertaken lawfully before withdrawal unlawful.
Following withdrawal, the relevant optional processing should cease within a reasonable technical period.
Some previously stored information may still be retained where another lawful retention requirement applies.
18. BROWSER CONTROLS
Most browsers allow Users to manage cookies through browser settings.
Depending on the browser, Users may be able to:
- block cookies;
- delete cookies;
- restrict third-party cookies;
- clear stored site information; or
- receive alerts concerning cookies.
Blocking all cookies may affect Platform functionality, particularly authentication, security and transaction functionality.
Browser settings do not necessarily control SDKs or other technologies used within a mobile application.
19. MOBILE DEVICE CONTROLS
Mobile operating systems may provide controls for:
- location;
- notifications;
- advertising identifiers;
- tracking;
- application permissions; and
- other device-level functionality.
Users can manage available permissions through their device settings.
Changing a device permission may affect Platform functionality.
Where a separate in-app privacy control is required, we will not rely solely on the operating-system setting.
20. DO NOT TRACK AND SIMILAR SIGNALS
Browsers and devices may transmit privacy preference signals such as “Do Not Track” or other technical signals.
The legal and technical treatment of these signals continues to vary between systems and jurisdictions.
Where applicable law requires Where’s the Function to recognise a particular legally binding preference signal, we will do so.
We will not claim support for a technical preference signal unless our systems actually implement it.
21. RETENTION
Cookies and Tracking Technologies may have different lifespans.
Session technologies
These may expire when a browsing or application session ends.
Persistent technologies
These may remain for a defined period or until deleted.
We will not retain information generated through Tracking Technologies for longer than reasonably necessary for the applicable purpose or legal requirement.
Material Tracking Technologies will be incorporated into the Company's internal retention schedule where appropriate.
The final Cookie Inventory will record applicable durations or retention information where reasonably available.
22. INTERNATIONAL PROCESSING
Some Tracking Technology providers may process information outside South Africa.
Where personal information is transferred internationally, we will assess the transfer in accordance with the international-transfer requirements described in our Privacy Notice & POPIA Policy and applicable law.
The use of an international analytics, cloud or technology provider does not remove our obligations under POPIA.
23. SECURITY
Information generated through Cookies and Tracking Technologies will be subject to appropriate security safeguards having regard to:
- the information involved;
- sensitivity;
- purpose;
- provider;
- risk;
- retention period; and
- applicable law.
Tracking identifiers and authentication credentials will not knowingly be exposed publicly where doing so would create an unreasonable security risk.
24. THIRD-PARTY WEBSITES AND APPLICATIONS
Where’s the Function may link to or integrate with third-party websites or applications.
Once a User interacts directly with an independent third party, that third party may use its own Cookies or Tracking Technologies.
Where’s the Function does not control an independent third party's tracking practices merely because we provide a link or integration.
Users should review the third party's privacy and cookie information where appropriate.
25. COOKIE AND TRACKING TECHNOLOGY INVENTORY
Before public launch, Where’s the Function will maintain an inventory of material Cookies and Tracking Technologies actually deployed.
Where appropriate, the public-facing inventory will identify information such as:
| Technology / Provider | Purpose | Category | First or Third Party | Duration / Retention | Consent Required |
|---|---|---|---|---|---|
| [TO BE COMPLETED] | [TO BE COMPLETED] | [TO BE COMPLETED] | [TO BE COMPLETED] | [TO BE COMPLETED] | [TO BE COMPLETED] |
The inventory will be updated when material Tracking Technologies are added, removed or materially changed.
A technology will not be placed in the “Necessary” category merely because doing so is commercially convenient.
26. THIRD-PARTY PROVIDER ASSESSMENT
Before implementing a material Tracking Technology provider, WTF should document, where appropriate:
- provider identity;
- technology used;
- data collected;
- processing purpose;
- legal justification;
- consent requirements;
- operator or independent responsible-party status;
- contractual safeguards;
- international transfers;
- retention;
- security;
- advertising use;
- onward sharing; and
- deletion or termination procedures.
This assessment may form part of the Company's internal POPIA processing register and vendor-management records.
27. CHANGES TO TRACKING TECHNOLOGIES
The technologies used by the Platform may change as Where’s the Function develops.
Where we introduce a materially new Tracking Technology or materially change an existing purpose, we will assess whether:
- this Policy must be updated;
- the Privacy Notice must be updated;
- additional consent is required;
- existing consent remains sufficient;
- the Cookie Inventory must be updated; or
- Users require additional notice.
We will not rely on an old consent for materially different processing where new consent is legally required.
28. CHANGES TO THIS POLICY
We may update this Cookie Policy to reflect:
- changes to the Platform;
- new Tracking Technologies;
- new service providers;
- changes to advertising or analytics;
- legal developments;
- regulatory guidance; or
- changes to our privacy practices.
The updated Policy will display a revised Last Updated date.
Where a material change requires additional consent, we will request that consent where required.
29. YOUR PRIVACY RIGHTS
Information collected through Cookies or Tracking Technologies may constitute personal information.
Where it does, applicable rights described in our Privacy Notice & POPIA Policy may apply.
These may include rights concerning:
- access;
- correction;
- deletion or destruction where applicable;
- objection;
- withdrawal of consent;
- direct marketing;
- complaints; and
- other rights provided by law.
30. RELATED DOCUMENTS
This Cookie Policy should be read together with:
Terms of Use
View Terms of Use (development)
Privacy Notice & POPIA Policy
View Privacy Notice
Ticket Purchase, Cancellation & Refund Policy
[LINK TO BE INSERTED]
Community Guidelines
[LINK TO BE INSERTED]
Additional notices may be displayed at the point where particular technologies are activated.
31. CONTACT US
For questions concerning Cookies, Tracking Technologies or privacy, contact:
Wheres The Function Holdings (Pty) Ltd
Company Registration Number: [TO BE INSERTED]
Information Officer: [TO BE INSERTED]
Privacy Email: [TO BE INSERTED]
General Email: [email protected]
Physical Address: [TO BE INSERTED]
Website: wheresthefunction.co.za
© Wheres The Function Holdings (Pty) Ltd. All rights reserved.