FIKA Privacy Notice: Rider or User
A. Scope
This notice applies when you use FIKA’s apps or websites to receive transportation, delivery, or other products or services.
This notice describes how we collect and use your data if you use, or apply to use, products or services through FIKA’s apps or websites.
This notice specifically applies if you:
• Request or receive mobility services, including rides, via your FIKA account (a “Rider”).
• Request or receive food, packages or other products and services for delivery, pickup or return via your FIKA account.
Our privacy practices are subject to applicable laws in South Africa, including the Protection of Personal Information Act, 2013 (POPIA). Therefore, if you travel across national borders, FIKA’s data processing practices described in this notice may differ from those within South Africa.
FIKA Privacy Notice: Rider or User
A. Scope
This notice applies when you use FIKA’s apps or websites to receive transportation, delivery, or other products or services.
This notice describes how we collect and use your data if you use, or apply to use, products or services through FIKA’s apps or websites.
This notice specifically applies if you:
• Request or receive mobility services, including rides, via your FIKA account (a “Rider”).
• Request or receive food, packages or other products and services for delivery, pickup or return via your FIKA account.
Our privacy practices are subject to applicable laws in South Africa, including the Protection of Personal Information Act, 2013 (POPIA). Therefore, if you travel across national borders, FIKA’s data processing practices described in this notice may differ from those within South Africa.
FIKA: Payments and Refund Policy
1. Introduction
Welcome to FIKA. This Payments and Refund Policy outline the terms governing all payments made for services through the FIKA application and the circumstances under which refunds may be issued. This policy is an integral part of the FIKA Terms and Conditions. By using the FIKA app and its services, you agree to the terms set out in this policy.
2. Payment Methods
FIKA offers the following payment methods for your convenience:
• Cash Payment: You may pay for your trip in cash (South African Rand- ZAR) directly to your driver at the end of your journey.
• Card Payment: You can link your debit or credit card to your FIKA wallet for seamless, cashless transactions. All card transactions are processed securely through our PCI-DSS compliant payment partners.
• FIKA Wallet: You can pre-load funds into your FIKA Wallet within the app, which will be used to pay for your trips.
3. Authorisation and Pricing
• When you pay by card or FIKA Wallet, you authorise FIKA to charge the fare amount at the completion of the trip.
• The fare quoted is an estimated amount. The final fare may vary based on the actual time, distance, tolls, and any applicable surcharges, as detailed in our Terms and Conditions.
• In the event of a route deviation not authorised by you (the rider), FIKA will charge based on the original estimated route or the actual route, whichever is lower.
4. Refund Eligibility
FIKA is committed to ensuring fair and transparent transactions. Refunds may be considered in the following specific scenarios:
• Incorrect Fare Charged: If you are charged significantly more than the upfront quoted fare or the fare calculated based on the correct route.
• Trip Not Completed: If you were charged for a trip that was not completed, or if the driver did not arrive at the designated pickup point.
• Unauthorised Trip: If there is a transaction on your account for a trip you did not take.
• Accidental Multiple Charges: If you were charged multiple times for the same trip.
• Cancellation Fees: If you were charged an unfair cancellation fee (e.g., you cancelled within the stipulated free cancellation period, or the driver was significantly delayed).
5. Refund Process
• How to Request a Refund: All refund requests must be submitted directly through the FIKA app or by contacting our Customer Support team at, support@fikatransit.com, within 14 (fourteen) calendar days of the transaction.
• Required Information: When submitting a request, please provide your trip details, including the date, time, trip ID, and a clear description of the reason for the refund request.
• Investigation: Our team will investigate your claim, which may involve reviewing GPS data, trip logs, and communication records. We aim to resolve all requests within 5-7 business days.
• Approval and Processing: If your refund request is approved, the refund will be processed to the original payment method used. The time it takes for the refund to reflect in your account will depend on your bank or financial institution's processing times but typically ranges from 7 to 14 business days.
6. Non-Refundable Scenarios
Please note that refunds will generally not be provided for:
• Change of Mind: Personal dissatisfaction with the selected route, unless it constitutes a significant deviation.
• Personal Belongings: FIKA is not responsible for items left in a vehicle. We will, however, assist in connecting you with the driver.
• User Error: Incorrect pickup or drop-off locations entered by the user.
• Traffic Conditions: Delays caused by traffic congestion, roadblocks, or other unforeseen events beyond the driver's control. 7. Cancellation Policy
• You may cancel a trip at any time before the driver arrives. However, a cancellation fee may be applied if you cancel after a driver has already been assigned and has been enroute for a period exceeding two minutes.
• This fee compensates the driver for their time and fuel. The specific cancellation fee amount will be displayed in the app before you confirm the cancellation.
8. Complaints and Queries
For any payment-related queries or complaints not resolved through a refund request, you can contact our support team. Should you remain dissatisfied, you have the right to refer the complaint to the National Consumer Commission (NCC) in accordance with the South African Consumer Protection Act (CPA), 2008.
9. Amendments to Policy
FIKA reserves the right to modify or update this Payments and Refund Policy at any time. We will notify users of any material changes via the FIKA app or by email. Continued use of our services after such changes constitutes your acceptance of the new policy.
Contact Us: support@fikatransit.com
FIKA Non-Discrimination Policy
FIKA is committed to providing access to inclusive, reliable, and high-quality service options to everyone. FIKA and its affiliates therefore prohibit discrimination against users based on race, ethnicity, skin colour, age, disability, gender identity, marital status, pregnancy, national origin, religion, sex, sexual orientation, language, geographical location, or any other characteristic protected under South African law, such as the Promotion of Equality and Prevention of Unfair Discrimination Act. Such discrimination includes, but is not limited to, any user refusing to provide or accept services based on any of these characteristics or rating another user based on any protected trait.
Discrimination on the basis of disability may include refusal to accommodate a rider with a service animal or assistive devices, if set forth in FIKA’s Service Animal and Assistive Device Policy.
Discrimination on the basis of geographical location does not include a driver or delivery person declining a trip that does not work for them, but intentionally refusing or cancelling requests, or using features on the FIKA Marketplace Platform to avoid receiving trip or delivery requests, solely for the purpose of avoiding a particular neighbourhood due to the characteristics of the people or business that are located in that area, is not allowed.
Any user found to have violated this prohibition will lose access to the FIKA platform. Applicable laws in South Africa may require and/or allow the provision of services by and for the benefit of a specific category of persons. In such instances, services provided in compliance with these laws and the relevant applicable terms are permissible under this policy.
Guidelines for Public Health Authorities
As part of FIKA’s commitment to safety, FIKA works closely with public health authorities, including in response to outbreaks of infectious diseases. These guidelines explain how FIKA responds to requests from public health authorities (“PHAs”) such as the National Department of Health or provincial health departments for user data (e.g., account/subscriber information), and the steps it may take after receiving such requests.
Public Health Disclosures
FIKA may disclose user information to PHAs if FIKA has a good-faith belief that an emergency involving danger of death or serious physical injury to any person requires disclosure without delay of information relating to the emergency. It is FIKA’s position that outbreaks of infectious disease where public health officials have declared a public health emergency under
applicable South African law qualify as emergencies. FIKA may also voluntarily share data with public health authorities subject to a certification by a public health authority or official that the request is related to a public health emergency, even where no state of disaster has been officially declared.
In such situations, FIKA may disclose data that it determines is necessary to address the public health issue. This may include contact information that may help public health officials identify and contact users regarding potential exposure to a communicable disease. This may also include information about particular trips during which contact with infected persons may have occurred, such as the duration of the trip. FIKA will not share information that is not relevant to the specific needs of the requesting authority, such as historical trip data that predates the emergency of the public health issue.
To submit a request for user data relating to a public health issue, a PHA must:
• certify that they are authorized by South African law to obtain the requested records;
• certify that the request is, in fact, related to a public health emergency involving danger of death or serious physical injury that requires disclosure without delay of information relating to that emergency;
• provide a description of the factual basis underlying the certification that the request is, in fact, related to a public health emergency;
• accept the Terms and Conditions for use of FIKA’s Public Safety Response Portal; and
• if required by law, follow up with legal process. Where possible, public health officials should submit requests through the Public Safety Response Portal on official letterhead or in an order.
Submitting Requests
FIKA has processes in place to assist PHAs on a 24/7 basis with such requests, which may be submitted through our Portal. For more information about how to submit requests, you can download our Portal User Guide.
By submitting a disclosure request to FIKA, PHAs agree to use the information they receive from FIKA only for the purpose for which it was disclosed. Further, PHAs also agree not to share this information with third parties, except in accordance with the purposes for which the information was disclosed.
FIKA’s User Notice Policy
FIKA will notify users of PHAs’ requests for their data, except where notice is prohibited by South African law, or where FIKA determines in its sole discretion that such disclosure is not necessary or appropriate. Because of the particular sensitivities associated with outreach from PHAs, FIKA will not notify users until after its disclosure of information to a PHA.
Placing User Accounts on Hold
FIKA may take additional measures to ensure safety on its platform when it becomes aware of a public health emergency in accordance with its Community Guidelines. If FIKA
receives notice from a PHA that one of its users has been diagnosed with a confirmed case of an infectious disease related to a public health emergency, it will put a temporary hold on the user’s account. FIKA may also place temporary holds on the accounts of users that came into close contact with a confirmed case of the infectious disease. FIKA will also put a temporary hold on a user’s account pursuant to an order from a PHA.
A temporary hold will bar a user from using certain FIKA services until FIKA receives confirmation from a PHA or a licensed medical doctor registered with the HPCSA that the user is not contagious. Where a hold is made pursuant to an order, FIKA will wait for confirmation from the issuing authority that the user is not contagious before removing the hold.
Frequently Asked Questions
Q: What precautions should I take if I’m concerned about infectious diseases?
A: We encourage you to reference the South African National Department of Health’s advice about protective measures you can take.
Q: Do you notify users if you disclose their data to a PHA?
A: FIKA will provide delayed notice to users following the disclosure of their data to a PHA.
Q: I am a public health official and I sent in a demand to FIKA but I have not heard back. What should I do?
A: FIKA’s Portal allows PHAs to track the status of their request(s) and to send follow-up questions. FIKA receives numerous requests for data every year and triages the requests it receives upon receipt.
Q: What is FIKA’s policy for placing holds on user accounts in connection with a public health issue?
A: FIKA may put temporary holds on user accounts in connection with a public health issue as described in the “Placing User Accounts on Hold” Section of these guidelines.
FIKA ADVERTISING CONTENT POLICY
FIKA requires all advertisers on the FIKA Platform to comply with this Advertising Content Policy (“Content Policy”) and all Ads are subject to FIKA’s review and approval. FIKA reserves the right to reject, block, or remove any ad for any reason in our sole discretion including non-compliance with this Content Policy. This Content Policy is subject to change without notice.
Prohibited Advertisers, advertisements, and creative content:
Advertisers, advertisements, and creative content is prohibited if it is inconsistent with FIKA’s values or involves, facilitates, advocates, promotes, or links to one or more of the following:
a. discrimination or harassment on the basis of race, ethnicity, gender, religion, sexual orientation, gender identity or expression, age or disability; culturally insensitive or inappropriate content in any region to which it is directed, particularly within the South African context;
b. libel, defamation, false or misleading content, misinformation, including claims which are likely to be debunked by third- party fact checkers, obscenity, nudity, pornography, adult content, sexually explicit, vulgar, or abusive words and/or activities;
c. alcohol advertising which promotes or implies drinking to excess, or lowering of inhibitions, and/or that does not comply with all applicable South African laws, industry standards, guidelines, licenses, and approvals; in the Rides App, alcohol advertising which does not promote a safe ride or anti-DUI message will be allowed only on a case-by-case basis;
d. cigarettes, e-cigarettes, cigars, cannabis (except for products legally approved by the South African Health Products Regulatory Authority - SAHPRA), and/or tobacco or other nicotine delivery products;
e. illegal gambling, gambling advertising to the extent prohibited by South African law or that misrepresents the benefits of participating or encourage individuals to play beyond their means, or any gambling that does not comply with all applicable licensing and registration laws and requirements of the National Gambling Board or provincial licensing authorities, or cannot provide proof of current license or registration;
f. illegal substances as defined by South African law, including the Drugs and Drug Trafficking Act; g. recreational drugs and related products;
h. weapons (and related accessories) and ammunition, fireworks, explosives, or any hazardous material or restricted chemical, or materials that could combine to create an explosive device or dangerous products, in line with the South African Firearms Control Act;
i. sexually suggestive clothing/swimwear/lingerie of any gender identity, and/or clothing intended primarily for adult activities, or private, intimate, or sexual settings; products related to sexual wellbeing, other adult products or services (including escort services), or Ads that promote sexual activity, sexually suggestive language of any gender identity, hook-up dating, etc.;
j. Unlicensed Physicians without board certification by the Health Professions Council of South Africa (HPCSA), plastic surgery, and non-SAHPRA (or equivalent medicine or therapeutic regulator)-approved medical products (including CBD products and weight loss supplements);
k. homeopathic medicine, magical cures, psychic, or fortune telling services that make unsubstantiated medical claims;
l. controversial and deliberately offensive material including but not limited to excessive or abhorrent violence, content designed to shock, suicide or self-injury, kidnapping, drug, human or organ trafficking, murder, attempted murder, terrorism, torture, rape, transportation collisions, breaking news, war, religious, and other sensitive content, content against good taste or decency, or clickbait, sensationalist text;
m. Political content including content advocating for or against a particular candidate, party, or ballot proposition or otherwise intended to influence an election outcome in South Africa;
n. the assertion or implication of personal attributes of the viewer of the ad such that the ad appears to be targeted to that viewer based on those attributes. This includes but is not limited to direct or indirect assertions or implications about a person’s race, ethnicity, religion, beliefs, age, sexual orientation or practices, gender identity, disability, physical or mental health (including medical condition), vulnerable financial status, voting status, membership in a trade union, criminal record, or name;
o. sedition or illegal activities, or activities designed to encourage illegal activities, such as hacking instructions, or academic cheating services;
p. MP3, MPEG and/or copyrighted materials for download, sale or otherwise, in any case without the permission of the copyright owner or otherwise in violation of South African copyright law, or which aid in circumventing copyright limitations; or a conflict or violation of any South African law or any intellectual property or other rights of any person or entity;
q. advertising of covert listening devices or any surveillance product that represents or encourages use of that device or product for spying, stalking or espionage (to the extent prohibited by South African law); or anti-law enforcement goods and services;
r. content directed to children under 13 or older depending on South African advertising standards;
s. multi-level marketing schemes; get-rich-quick schemes; bail bonds, and short-term high-interest loans (including, but not limited to, “payday” loans), with a repayment period under 12 months and an APR of more than the limits set by the National Credit Regulator (NCR) or as prohibited by applicable legislation;
t. Financial Misrepresentation - e.g. unrealistic claims about financial reward;
u. items that are: “replicas,” “knock-offs,” in the same “style” as, or “fake” versions of a name brand product, counterfeit, or for the purpose of producing counterfeit, currency, stamps, or government identification, or inauthentic sports collectibles, celebrity autographs, or otherwise inauthentic versions of memorabilia or other items with inauthentic signatures;
v. criticism of FIKA or industries in which FIKA operates, or criticism of South Africa;
w. animal cruelty, as per the South African Animals Protection Act;
x. attorney advertising that does not comply with the rules of the Legal Practice Council;
y. appeal for funds/solicitation of funds unless by an entity registered as a Non-Profit Organisation (NPO) with the South African Department of Social Development (or holds valid equivalent authorisations, approvals, or licenses);
z. FIKA’s competitors’ products or services (this list is illustrative and not exhaustive).
