Author: Monde Nyawose

1. Introduction

Popping Space Pty (Ltd) (‘Popping’) respects the privacy of every person who visits and/or uses this website and/or our social media platforms (‘the Service’). We will comply with all applicable data protection laws and regulations.

This privacy policy must be read in conjunction with our terms and conditions. Both the terms and conditions and this privacy policy constitute a fully binding legal agreement and it is recommended you read both documents carefully. Your use of the Service signifies your agreement to the terms and conditions and this privacy policy.

If you do not agree with either the terms and conditions, or this privacy policy, you are prohibited from using the Service and must immediately refrain from doing so. Furthermore, if you do not agree with this privacy policy, or the terms of use, you should not provide any of your personal information to Popping.

This privacy policy sets out Popping’s approach towards the use of your personal information. By submitting your personal information to us, and/or by using the Service, you will be regarded as having given your consent – where necessary and appropriate – for the processing of personal information referred to in this
policy. Consequently, by continuing to use the Service, you acknowledge and agree that Popping may collect, use and transfer your personal information in accordance with this policy, and applicable legislation in South Africa.

2. Who is Popping?

Popping Space (Pty) Ltd (t/a) is a South African company focused on offering information and an online platform for users to request and book rental services, offered by third-party rental partners. We are based at 14 Countesses Avenue, Windsor West, Randburg and can be contacted on hello@Popping.co.za.

We may from time-to-time need your personal information in order to register you as a rental partner or
customer, process your booking, to connect the customer and the third-party rental partner and to process
payment. We may also need your information to improve our service offerings, or to contact you with
information about the rental booking or the industry – this information will be collected in accordance with
this policy, and applicable South African legislation.

3. Overview of the information we collect

We will use your personal information to process your booking, or to contact you in relation to your rental
arrangement or payment, or so as to improve the Service, and only in accordance with the Protection of
Personal Information Act 4 of 2013 (‘POPIA’).

We may also use your personal information to contact you regarding any complaint, query or comment.
Furthermore, and in accordance with POPIA, we may use your personal data to carry out our obligations
arising from any contract with you, to notify you about changes to our goods or to the website, to assist with
business development, and in connection with any legal proceedings, or where we have a right or duty to
disclose the information in terms of law or industry codes.

3.1 pecific information we may hold

We may, for example, collect and use the following information about you
 name
 South African identity number
 Property management license details
 Bank account details
 Contact info including email address, physical address and cell phone number
 IP address geographical location, or cookie information
 Details of visits to our website

and any other information which we reasonably need to perform our duties in pursuance of any agreement
we may have with you, make decisions about you in relation to the goods or the Service, or fulfil our
regulatory or other business obligations.

In addition, we may, from time-to-time, use third party services (such as Google Analytics) that collect,
analyse and monitor log data pertaining to the Service in order to optimise, improve and audit the products
and services we offer.

3.2 Personal information about children and special personal information

Popping does not collect personal information about children and will only process information about
children with the express consent of a competent person (someone like the parent or guardian) or if
otherwise permitted in law.

Popping also does not process any “special personal information” as defined in POPIA, which includes for
example political, religious or health-related information, and we will only process special personal
information with your express consent or if otherwise permitted to do so in law.

3.3 pecific Information we may share

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 policy and in accordance with POPIA and applicable law.

3.4
ow we use your information

We undertake to only process your information insofar it is adequate, relevant and not excessive for the
purposes set out below. Further, we will only use your personal information for a purpose compatible with
that for which it was collected.

We will use your information to
 operate and manage your agreement with us or correspondence you may have with us
 carry out, monitor and analyse our business
 contact you via social media or by email, SMS, letter, telephone or in any other way about our products
and services as allowed for in law, unless you tell us that you prefer not to receive marketing
communications
 to form a view of you as an individual and to identify, develop or improve products or services that may
be of interest to you
 carry out market research, business and statistical analysis
 perform other administrative and operational purposes including the testing of systems
 comply with our regulatory or other obligations
 carry out any other reasonable business operation considering our business and the relationship
between the parties.

Your information may also be used for other purposes for which you give your permission or where we are
permitted to do so in law or it is in the public interest to disclose the information.

You may on reasonable grounds object to the processing of your personal information, after which we
undertake not to continue to process such information, except as provided for in law.

4. Cookies and Web Beacons

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.

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 even order goods. You may ask for a full list of the cookies we collect by
sending us an email to
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.

5. ecurity

The security of your personal information is important to us, but 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, but we can
guarantee that we will take all reasonable measures to protect the security of your data.

6. Access to your information

You have a right to access certain personal records we hold about you. Requests can be made in writing to
We want to make sure that your information is accurate and up to date. You may also ask us to correct or
remove any information that you think is inaccurate and you can do so by sending us an e-mail to
.

7. Transfers of personal information outside outh Africa

We may transfer personal information outside South Africa to a foreign country. Personal information may
be stored on servers located outside South Africa in a foreign country whose laws protecting personal
information may not be as stringent as the laws in South Africa. You consent to us processing your personal
information in a foreign country whose laws regarding processing of personal information may be less
stringent. We will at all times ensure that all reasonable measures to protect the security of your data are
taken and that any data transferred out of the country will only be processed in accordance with Popping’s
instructions.

8. Links to other websites and social media platforms

This privacy policy applies only to our website and to ordering of any of our goods, and to the Service, and
not to websites or social media platforms or pages owned and/or operated by third parties. We may
provide links to other websites which we believe may be of interest to our visitors. We aim to ensure that
such websites are of the highest standard. However, due to the nature of the Internet, we cannot guarantee
the privacy standards of websites to which we link or be responsible for the contents of sites other than this
one, and this privacy policy is not intended to be applicable to any linked, non-Popping site or social media
platform.

9. Changes to this policy

We may amend this policy from time-to-time. Please check our website periodically to inform yourself of
these changes.

1. Introduction

1.1. This website is owned and operated by Popping Space (Pty) Ltd t/a (“Popping”, “we”, “us”, “our”). The use
of www.popping.co.za (“the Website”), and/or responding to pop-up market stall rental services, and/or
pop-up space request rental services, and/or Submission of Pop-up Market Listings are subject to the
following terms and conditions (“the Terms of Use”).

1.2. These Terms of Use are binding and enforceable against every person that accesses or uses this
Website. By using the Website and/or by registering as a user, you acknowledge that you have read and
agree to be bound by these Terms of Use.

1.3. Please read these Terms of Use carefully – they constitute a fully binding agreement between you and
Popping. If you do not agree to these Terms of Use, you are prohibited from using the Website in any way.

1.4. These Terms of Use contain provisions which:

1.4.1. limit the risk or liability of Popping;

1.4.2. create risk or liability for you;

1.4.3. compel you to indemnify Popping or a third party; and/or

1.4.4. serves as an acknowledgment, by you, of a fact.

1.5. If there is any provision in these Terms of Use that you do not understand, it is your responsibility to ask a
Popping representative to explain it to you before you continue using the Website.

1.6. Popping is a web-based communication platform that offers information and an online platform for
Small business vendors to request and book stall space in markets, offered by third-party Market manager
partners (the “Service”). Popping is not a Retail Property Management company, nor do we provide vacant
retail.

1.7. “Vendors” are individuals, brands, and/or businesses seeking to obtain adhoc Stall space in markets
from Market Manager/host Partners and are therefore clients of the Market Manager. “Market Managers or
Market Hosts” are individuals and/or businesses seeking to list their markets to vendors & Customers.
Vendors and Market Managers together are hereinafter referred to as “Users”, “you” or “your”.

1.8. Nothing in these Terms of Use is intended or must be understood to unlawfully restrict, limit or avoid any
right or obligation created for either you or Popping in terms of any applicable South African law.

2. Registration and use of the Website

2.1. By accessing and/or using this Website you warrant that you are eighteen (18) years of age (or older)
and have full legal capacity.

2.2. If you are under the age of eighteen (18), or lack legal capacity, then you may only use this Website with
the consent of your parent or legal guardian. If your parent or legal guardian consents, then such person
agrees to be bound to these Terms of Use and to be liable and responsible for you and all your obligations
under these Terms of Use.

2.3. Any stall space bookings or offerings on the Website may only be validly concluded between Popping
and Users residing in South Africa. Should the User reside outside South Africa, he or she may not validly
request a Stall Rental, or offer a market stall rental service, via the Website.

2.4. In order to request and book stall space, or to register as a third-party Market Manager on the Website,
you are required to register and provide certain information and a unique password to Popping – any
personal information processed will be in accordance with the Protection of Personal Information Act 4 of
2013, and in terms of our Privacy Policy.

2.5. You agree and warrant that you will not disclose your username and password to any third-party and
that it is only for personal use.

2.6. You agree to notify Popping immediately upon becoming aware of, or reasonably suspecting any
unauthorised access to or use of your username and password and to take steps to mitigate any resultant
loss or harm.

3. The Service

3.1. User sends and/or requests for stall rental through the Website, which Popping may accept or reject.
Registered third-party Market Managers send vacant stall space information to Popping. Vendors book their
stall space by viewing their pricing, location, and floor space to select the best price and/or most suitable
location.

3.2. Vendors contract for stall rentals directly with Marketing Managers through Poppings booking platform.
Popping does its best to put together two relevant parties in order to transact in relation to book and/or rent
stall space.

3.3. Popping will make reasonable efforts to make the booking process seamless and connected with
relevant Markets in order to transact, but does not warrant any specific outcome, and Users agree that their
use of the Service and this Website is at their own risk.

3.4. A stall rental booking on the Website constitutes an agreement. An agreement that is concluded
between the Vendor, Market Manager, and Popping when a booking has been accepted by the Market
Manager, payment has been made to Popping, and an official email with the Market terms is provided to
the Vendor by Popping.

3.5. In the event a booking needs to be rejected, Popping will indicate the rejection of the booking by
canceling it and, as soon as possible thereafter, refunding the Customer for any amount paid.

4. Collection and Rental

4.1. For logistic and security reasons, and in a bid to prevent bank fraud, the billing address, location, and
retail address of any stall booking must be located within South Africa.

4.2. Upon confirmation of a booking, a confirmation email will be provided to the Vendor to enable the latter
to find and setup their stall at the market.

4.3. Popping’s obligation is fulfilled once the official confirmation email with stall number has been supplied
to the Vendor.

4.4. You can contact Popping or the Market Manager on the platform, at any time, after the booking has
been completed.

4.5. You must ensure that the person indicated on your booking to provide the stall space (“the Manager”) is
available to accept bookings for the market.

4.6. The Market Manager will not rent the stall space to any other person, unless such a person has been
specifically mandated by you, in writing, to take rental of the stall(s).

4.7. In order to complete the Rental, the Market Manager may require the Vendor to pay for the stall upfront.

4.8. As a Market Manager, you warrant that you will include the correct property address in all submissions,
and in the event of an incorrect address or incorrect information, neither Popping nor the Vendor will be
liable or responsible for any loss or damages suffered.

4.9. The stall space(s) will be provided by the Market Manager to the Vender. Subject to clause 3 above,
where the Market Manager accepts your booking, the Market Manager will make every effort to provide the
correct stall space(s) to you on Market day (“Market Period”). Market dates and times are subject to
changes based on unforeseen conditions, and neither Popping nor the Market Manager will be liable for any
delays in the occupation of the stall space.

4.10. Your Market Manager will notify you if they are unable to provide the stall space during the Market
Period.

4.11. The Market Manager’s obligation is fulfilled when the stall has been handed over to the Vender for
Rental. Neither Popping nor the Market Manager, are responsible for any loss or damage after the stall has
been handed over to the Vender or nominated person by you.

5. Non-Bookable circumstances

5.1. Upon Booking the stall space, the Market Manager will wait for a period of two (2) hours for the Vendor to
occupy stall space during the market. In the event that the Vendor does not arrive on time for the stall
space, Popping will contact the Market Manager to make arrangements for the cancellation of the booking.

5.2. You agree that in the event that you do not arrive on the morning of the market, you will pay the cost of
the cancellation charges and banking charges.

6. Force Majeure

6.1. In the event of a force majeure (an act of God, such as a hijacking, robbery, flood, prolonged protest
action, etc.) then you agree that the stall booking above will not apply, but the Market Manager will
undertake, as far as possible in the circumstances, to ensure that stall space is available to you.

7. Restricted Items

7.1. Market Managers are not permitted to accept the following Pop-up Shops:

7.1.1. illegal items;

7.1.2. Dangerous items;

7.1.3. Stolen goods;

7.1.4. Any items for which you do not have permission to sell.

7.2. Market Managers reserve the right to refuse to accept any booking at their sole discretion

8. Customer Payments

8.1. The currency used to pay for stall bookings through the Website is South African Rand.

8.2. We are committed to ensuring you are able to pay for stall bookings through the Website via a secure,
online payment facility. All transactions are encrypted using appropriate encryption technology and
payment can be made for your booking with a credit or debit card via Yoco.

8.3. You warrant that you are fully authorised to use the payment method supplied for purposes of paying
for the booking. You also warrant that the payment method has sufficient available funds to cover the price
of the rental service.

8.4. The payment method used by the Customer will be debited when the booking has been made and
accepted by the Market Manager.

8.5. Should the Vendor’s payment provider reject the payment, the booking will not be processed and will be
cancelled.

8.6. As part of measures taken to prevent fraud, the parties agree that Popping is entitled to transmit
information regarding the booking and the Vendor’s payment method to a third party for verification
purposes.

8.7. In the event you have any queries regarding payment, you may contact us via the contact us tab on the
website, or at hello@popping.co.za

9. Stall Fees and Charges

9.1. Listing on popping.co.za is free for Market Managers. Vendors are required to pay a booking fee for stall
space upon acceptance of booking by the Market Manager to rent the stall space.

9.2. Payment for stall space must be made upon booking request, via EFT, for the date of the market period.

9.3. In addition to 9.1, Popping charges Shopping Centre a percentage of the bookings per market for the
booking of stall spaces of the daily booking fee.

9.4. In addition to 9.3, Popping charges Market Manager a percentage of 20 to 40% commission for stall
rental of the entire duration of the market.

9.5. Payment to Popping will be deducted from the bookings and the remainder paid out to Market
Managers 48-hours post a successful stall booking. Payment will be made into the bank account provided
by the Market Manager.

10. Cancellation of Booking

10.1. Seven days Prior to the market date, you may cancel a booking, at no cost, provided you do so a
minimum of 7-days in advance.

10.2. Upon acceptance for the market, the Market Manager will wait 48 hours for payment. If payment is not
completed after the 48 hour period the Market Manager will withdraw the acceptance and the booking will
be deemed to be cancelled, and a cancellation fee of R50 (fifty Rand) will automatically apply.

10.3. If the Market Manager refuses to accept you due to the reason provided, a cancellation fee will
automatically apply.

10.4. Popping will charge a cancellation fee of R50 (fifty Rand) for all failed bookings that are due to the fault
of the Vendor or the Vendor’s representative.

11. Insurance

11.1. Popping does not provide insurance and/or insure the goods being sold at the market and property
damage. The Vendor acknowledges that if insurance is required, then it is their responsibility to ensure their
goods and property being provided is insured.

12. User Vetting

12.1. In Popping’s sole discretion, Users may be subject to an extensive vetting process before they can
register with Popping, including but not limited to verification of identity, verification of physical address and
verification of bank account.

12.2. Although Popping may perform identity checks, we are not required to do so and cannot confirm that
each User is who they claim to be. Popping cannot and does not assume responsibility for the accuracy or
reliability of identity checks and/or vetting information provided through the Popping website.

12.3. When interacting with other Users, you should exercise caution to protect your personal safety, data,
and property, just as you would when interacting with another person who you don’t know.

13. Users Obligations and Acceptable Use

13.1. Users acknowledge and agree that they will fulfill the commitments made to other Users, including
making payment through the chosen payment method, performing the transportation services agreed
upon between the Vendor and the Market Manager, communicating clearly and promptly, being available
electronically between setup and Rental, and setting up the Pop-up shop within the agreed upon Market
Period.

13.2. Users acknowledge and agree that they will act professionally and responsibly in their interactions with
other Users and that they will act in accordance with any applicable laws.

13.3. Market Managers further warrant that you will provide timely, high-quality services to our Vendors, you
will only offer and provide stall space for which you have the capability and you will provide the services
safely and in accordance with all applicable laws.

13.4. Market Managers must professionally perform the rental services booked by the Vendor, subcontracting is not permitted as all stall space rental must be performed by a Popping registered Market
Manager.

13.5. Users may not use the Popping platform to solicit for any other business, website, or service, or
otherwise contact Users for employment, contracting, or any purpose not related to use of the Popping
platform as set forth herein.

13.6. Users may not use the Popping platform or Popping services in violation of this Agreement.

13.7. Users may not attempt to circumvent the payments system or service fees in any way.

14. Market Manager – Worker Classification

14.1. Popping is not an employment agency service or business, and we are not an employer of any Market
Manager. The parties expressly agree that no employment relationship will come into effect between
Popping and the Market Manager.

14.2. The terms of any laws, agreements, or policies that regulate an employer and employee relationship
will not apply between Popping and the Market Manager.

14.3. Popping does not set Market Manager working hours or location of markets. Popping will not provide
any equipment, tools, labour, or materials needed for the stall rental, unless through a joint venture market.
Popping does not provide any supervision to Market Managers.

14.4. The Market Manager acknowledges that no PAYE, UIF, or other SARS related deductions will be made by
Popping, and the Market Manager agrees that he/she will make any required payment to SARS.

14.5. Users do not have the authority to enter into written or oral contracts, whether implied or express, on
behalf of Popping.

15. Disclaimers, Warranties and Important Information

15.1. Market Managers are independent contractors of Vendors, and not employees, agents, partners,
franchisees, or independent contractors of Popping. Popping does not perform third-party rental services
and does not employ individuals to perform rental services. Customers hereby acknowledge that Popping
does not supervise, direct or control the Market Manager’s performance and expressly disclaims any
responsibility and liability for rental services performed in any manner.

15.2. Popping is not responsible for the performance or communications of Users, nor does it have control
over the quality, timing, legality, failure to provide, or any other aspect whatsoever of the stall rental
services.

15.3. Popping disclaims all implied warranties, including but not limited to, warranties of suitability, reliability,
timeliness, compatibility, security, and accuracy.

15.4. Although Popping has taken all reasonable steps to guard against viruses or destructive codes, it gives
no warranty that the Website is free of viruses or any other data or code that has the ability to corrupt or
affect your system.

15.5. The use of the Service, and/or stall rental services, and/or Website in any form is entirely at the users’
own risk and the Website is provided ‘as is’.

15.6. Popping and the Market Managers are not liable for any loss or damages whatsoever relating to your
use of the Service, and/or stall rental services, and/or access of the Website including instances of loss
caused by the negligence of the Market Manager and/or Popping and/or its affiliates or representatives.

16. Indemnity

16.1. Users agree that the service is used at their own risk, and the quality of the stall booked through the
Website is entirely the responsibility of the Market Manager who ultimately provides such stall rental
services to you. Popping under no circumstances accepts liability in connection with and/or arising from
the rental services provided by the Market Manager or any conduct and/or negligence on the part of the
Market Manager.

16.2. Under no circumstances will Popping, its affiliates, employees or representatives be liable for any loss or
damages of any kind.

16.3. You agree to indemnify, defend and hold Popping, its affiliates and/or its directors, employees, agents,
the Market Managers, and contractors harmless from and against damage or loss that arises directly or
indirectly out of or from

(i) your breach of these Terms of Use; and/or

(ii) your activities and/or conduct in connection with this Website.

17. Complaints

17.1. Popping will make all reasonable efforts to mediate any disputes between Vendors and Market
Managers.

17.2. If you have any questions or complaints regarding these Terms of Use or have any queries or
comments in relation to the Website or be unhappy with the level of service provided by the Market
Manager please contact us via our email hello@popping.co.za and we will endeavor to respond to you
promptly.

18. Termination

18.1. Popping may immediately terminate or limit your right to use the Popping platform at their sole
discretion by providing you with e-mailed notice.

18.2. You may terminate this Agreement at any time by advising us of such, and by ceasing all use of the
Popping platform.

19. General

19.1. Popping may revise these Terms of Use at any time without notice. Although we will endeavor to
highlight any changes to these Terms of Use, you should revisit the Website periodically to make sure you
are aware of the most recent terms, because they will be binding on you.

19.2. This Agreement shall be governed by and interpreted according to the laws of the Republic of South
Africa and the parties consent to the non-exclusive jurisdiction of the High Court of South Africa, Gauteng,
Johannesburg, in respect of any proceedings arising out of or in connection with this Agreement. The
parties agree that this Agreement shall, for purposes of jurisdiction, have been concluded at our head office
at Randburg, Ferndale.

19.3. Each provision of these terms of use shall be severable from the other provisions. Should any provision
be found by a court of competent jurisdiction to be invalid or unenforceable for any reason, the remaining
provisions of these terms of use shall nevertheless remain binding and continue with full force and effect.
hello@popping.co.za