PRIVACY POLICY

1.1. This Privacy Policy ("Policy") is issued by Party Wall ("Party Wall", "we", "us", or "our"), a sole proprietor business operating in the Republic of South Africa.

1.2. This Policy governs the collection, use, storage, and disclosure of personal information by Party Wall in connection with the website located at partywall.co.za and the associated live event wall service (together, the "Service").

1.3. This Policy is issued in compliance with the Protection of Personal Information Act, 2013 ("POPIA") and applies to all users of the Service, including Hosts and Guests as defined below.

1.4. By accessing or using the Service, you acknowledge that you have read and understood this Policy. If you do not agree with any part of this Policy, you should not use the Service.

2.1. "Host" means a person who creates and administers an event wall through the Service.

2.2. "Guest" means a person who accesses and contributes content to an event wall using a Personal Identification Number ("PIN") or event access link provided by a Host.

2.3. "Content" means any photograph, video, message, or other material uploaded to the Service by a Host or Guest.

2.4. "Personal Information" has the meaning given to it in POPIA, and includes any information relating to an identifiable, living natural person.

2.5. "Processing" has the meaning given to it in POPIA.

2.6. "Partner" means a photographer, event planner, venue, or similar business that refers Hosts to the Service under a referral arrangement with Party Wall.

3.1. From Hosts. We collect the Host's name and email address upon account creation. Where a Host subscribes to a paid plan, payment card details are collected and processed directly by our payment processor, PayFast, and are not collected, viewed, or stored by Party Wall.

3.2. From Guests. We collect the name entered by a Guest at the point of accessing an event wall. No further Personal Information is collected from a Guest unless the relevant Host has enabled an email collection requirement, a feature available only on our Corporate plan and enabled at the Host’s sole discretion.

3.3. Content. Any Content uploaded to the Service by a Host or Guest constitutes Personal Information where it depicts or otherwise relates to an identifiable individual, and is Processed by us in accordance with this Policy.

3.4. Automatically Collected Information. We may collect limited technical information, including IP addresses and access logs, for the purposes of maintaining the security, integrity, and proper functioning of the Service.

4.1. We Process Personal Information for the following purposes, each of which constitutes a lawful basis under POPIA:

4.1.1. to perform our contractual obligations to Hosts and Guests in providing the Service;

4.1.2. to process payments in respect of paid plans;

4.1.3. to maintain the security and proper functioning of the Service, including the prevention of unauthorised access; and

4.1.4. to comply with any applicable legal obligation.

4.2. We do not Process Personal Information for direct marketing, profiling, or any advertising-related purpose, and we do not sell or license Personal Information to any third party for such purposes.

5.1. Content uploaded to an event wall will frequently depict individuals other than the person uploading it, including individuals who have not directly consented to Party Wall’s Processing of their image. The person uploading such Content warrants that they have the necessary right, consent, or lawful basis to do so, and bears sole responsibility in this regard.

5.2. Party Wall does not, and cannot reasonably, verify the identity or obtain consent from every individual depicted in Content uploaded to the Service, and expressly disclaims responsibility for a Host’s or Guest’s failure to obtain such consent.

5.3. Guest access to the Service requires only the entry of a first name and does not constitute the creation of an account. Party Wall does not knowingly collect Personal Information directly from children in the operation of the Service. Where Content depicting a minor is uploaded by an adult Host or Guest, that adult bears responsibility for ensuring such upload is lawful and appropriate.

5.4. Hosts are strongly advised to communicate appropriate guidance to their Guests regarding the upload of Content depicting minors.

6.1. Party Wall engages third-party operators to provide certain elements of the Service, including but not limited to data storage and hosting (Supabase), electronic mail delivery (Resend), and payment processing (PayFast) (each an "Operator").

6.2. Personal Information may be Processed and stored on servers located outside the Republic of South Africa. Where this occurs, Party Wall takes reasonable steps to ensure that any Operator Processing Personal Information on its behalf maintains a level of protection substantially similar to that required under POPIA.

6.3. No Personal Information is transferred to any third party other than an Operator engaged for the purposes described in this Policy, save where required by law.

7.1. Each event wall carries a defined Guest posting period determined by the Host's selected plan, being fourteen (14) days for the Free and Standard plans, thirty (30) days for the Wedding plan, and an unrestricted period for the Corporate plan, subject to clause 7.3.

7.2. Upon expiry of the applicable Guest posting period, Guests may no longer upload Content to the relevant event wall, but the Host retains the ability to access and download previously uploaded Content.

7.3. Party Wall reserves the right to delete Content and associated Personal Information following an extended period of account or event inactivity, and does not warrant indefinite retention of Content. Hosts are advised to download and retain their own copies of Content promptly following the conclusion of an event.

8.1. Party Wall does not sell, rent, or license Personal Information to any third party.

8.2. Where a Host has used a Partner's referral code when creating an event, that Partner may see the Host's name and basic details of the referred event, solely for the purpose of tracking and verifying the referral commission owed to that Partner.

8.3. Personal Information is disclosed only to the Operators described in clause 6, to the Guests specifically invited by a Host to a given event wall, to a Partner as described in clause 8.2 where applicable, and where required by law or in connection with the enforcement of our Terms of Service.

9.1. Party Wall implements reasonable technical and organisational measures to protect Personal Information against loss, unauthorised access, and unlawful Processing, including encryption in transit and access controls appropriate to the nature of the Service.

9.2. No system of data transmission or storage can be guaranteed to be entirely secure, and Party Wall does not warrant absolute security of Personal Information.

10.1. In accordance with POPIA, a data subject has the right to:

10.1.1. request confirmation of whether Party Wall holds Personal Information concerning them;

10.1.2. request access to such Personal Information;

10.1.3. request the correction or deletion of inaccurate, irrelevant, or unlawfully held Personal Information;

10.1.4. object to the Processing of their Personal Information on reasonable grounds; and

10.1.5. lodge a complaint with the Information Regulator of South Africa.

10.2. Requests under this clause may be directed to hello@partywall.co.za.

11.1. Party Wall reserves the right to amend this Policy at any time. Any material amendment will be reflected by an updated effective date at the head of this document.

12.1. Enquiries regarding this Policy should be directed to hello@partywall.co.za.