WhatsApp ESS Terms & Conditions

TERMS AND CONDITIONS, IMPORTANT SECURITY INFORMATION AND FREQUENTLY ASKED QUESTIONS
1	CHAT PLATFORM TERMS AND CONDITIONS
1.1	If you have been redirected to this page during your registration for employee self-service on WhatsApp, please read the terms and conditions below carefully. Once you are satisfied, please select the “Agree” option in your WhatsApp conversation to continue or select “Cancel” to suspend your registration process. By accessing or using the platform, you confirm that you accept these terms and conditions and that you agree to comply with them. If you do not agree to these terms and conditions, you may not use this platform.
1.2	These terms and conditions are subject to any of WhatsApp’s terms and conditions and policies that are applicable to the platform.
1.3	It is the aim of this platform to allow you to interact via the WhatsApp platform with your employer’s payroll system. Through your use of the platform, you will interact with a chatbot called ‘Pacey’, and you will not interact with a human being. Pacey is an employee self-service bot to assist you with your payroll and HR requests via your WhatsApp app platform.
1.4	Your use of the platform is permitted solely as a result of your employment with your employer. We have been instructed by your employer to process your personal information for payroll purposes. Your employer is our customer and a contractual relationship exists between your employer and us with respect to your use of this platform, amongst other things. Other than to the limited extent set out in these terms and conditions, there is no relationship (whether contractual or otherwise) between you and us and any claim, dispute, complaint or other issue that you may have in relation to your use of the platform or the content available through the platform should be raised with your employer and not us, to the extent permitted under applicable law.
1.5	The purpose of the platform is to process your payroll and HR Requests. In this regard, you will be able to perform the following functions via the platform:
	1.5.1	obtain your payslip in PDF or text format;
	1.5.2	apply for leave;
	1.5.3	approve inbox items;
	1.5.4	view current leave balances;
	1.5.5	view your payroll information;
	1.5.6	be provided with a secure one-time-link for certain options above that will automatically log you into the payroll application as an employee self-service user. The access you have once logged in, will depend on what your employer has configured so you may be able to perform other functions.
1.6	The personal information provided via the platform is provided to us by your employer. The processing of your personal information is subject to your employer’s privacy notices/policies in place from time to time. Any concerns or disputes relating to the processing of your personal information or the accurateness of the personal information provided will be between you and your employer.
1.7	As you will be accessing your personal and payroll information, which may include special personal information, by using the platform it is important that you ensure that your device is secure by enabling an unlock method such as a PIN. This ensures that if your device is lost or stolen, the WhatsApp application will not be accessible. You will need to agree to this to register.
1.8	As an additional security measure, you can enable Touch ID, Face ID or Android fingerprint lock for the WhatsApp application on your cell phone. When enabled, you must use Touch ID, Face ID or Android fingerprint to unlock WhatsApp. You can still reply to messages from notifications and answer calls if WhatsApp is locked.
1.9	Upon registration, you may share content via your profile on various social networks and other shared content platforms. When you share content in this matter you also become subject to terms, conditions and policies of those third parties.
1.10	Due to Facebook’s conversation-based pricing model, you will be limited to the number of conversations you can initiate in a calendar month. This limit will depend on what your employer has licensed for. You will be notified during each conversation, how many conversations you have left for the month to manage these accordingly.
1.11	All conversations are measured in 24-hour increments, or “sessions”, that start whenever Pacey delivers the first message. The first message is a reply within 24 hours of a user message (user-initiated). A user is defined as the person or entity with whom Pacey is messaging.
1.12	By selecting “Agree”:
	1.12.1	you explicitly agree and provide consent to your employer, your employer’s payroll service provider and its appointed sub-contractors on behalf of your employer, to process your personal information, including your special personal information, via this platform;
	1.12.2	subject to clause 1.15.1 below, you agree to indemnify and hold harmless your employer, its payroll service provider and its appointed sub-contractors against any loss, fines, damage or action, including patrimonial damages, which may result from breach of your personal information or data protection laws from the use of this platform;
	1.12.3	you agree that you will enable the necessary lock method to protect your device and or security measures tendered by the platform to protect your personal information;
	1.12.4	that you have read, understood and accept the following:
		1.12.4.1	https://www.whatsapp.com/legal/privacy-policy?eea=0#privacy-policy-information-we-collect
		1.12.4.2	https://www.whatsapp.com/legal/?lang=en
		1.12.4.3	https://www.payspace.com/privacy-policy/
		1.12.4.4	Your employers privacy policy with regards to its employees personal information.
1.13	Liability
	1.13.1	We shall not be liable to you whether in contract, delict or otherwise for any loss or damage, however arising, under or in connection with the platform, the content or these terms and conditions. However, nothing in these terms and conditions excludes our liability for: (a) death or personal injury caused by our negligence; or (b) fraud, fraudulent misrepresentation, or wilful misconduct; or (c) any other liability which cannot be limited or excluded by applicable law;
	1.13.2	The platform and the content available through the platform (content) are provided ‘as is’. Any condition, warranty, representation or other term concerning the platform or the content which might otherwise be implied into, or incorporated in, these terms and conditions by law or otherwise, is excluded to the fullest extent permitted by law;
	1.13.3	We do not warrant or make any representations regarding the operation of the platform or the use, validity, accuracy or reliability of, or the results of the use of, the content. You assume sole responsibility for results obtained from your use of the platform and the content, and for conclusions drawn from such use. The content will not include, and shall not be deemed to constitute financial, career, legal, accounting, consulting or other advice or recommendation by us. If any such advice is required, you shall rely solely on your own professional advisors;
1.14	The platform (including without limitation Pacey) and the content, save for your personal information, is our intellectual property (or that of our licensors). You have no right, title or interest therein, and no right to use same, save for the limited rights granted under these terms and conditions.
1.15	We may suspend, withdraw, discontinue or change all or any part of the platform or content, or terminate or suspend your access thereto, at any time without notice in our sole discretion. We will not be liable to you if for any reason the platform or any content is unavailable at any time or for any period.
1.16	We may amend all or any part of these terms and conditions at any time by updating this page. You are expected to check this page from time to time in order to take notice of any changes we make, as they are legally binding on you from date of posting. We may also, at our discretion, notify you of such changes through a WhatsApp message on the platform, but we are under no obligation to do so.
1.17	These terms and conditions constitute the entire agreement between us and you in respect of your use of the platform, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us and you in respect of your use of our platform, whether written or oral.
1.18	We may cede and/or delegate any of our rights or obligations under these terms and conditions to any other person without your consent. You may not cede or delegate any of your rights or obligations under these terms and conditions to any other person.
2	FREQUENTLY ASKED QUESTIONS – IMPORTANT SECURITY INFORMATION
2.1	How do I know that I am speaking to the real Pacey service for WhatsApp?
	2.1.1	If a fake WhatsApp user tried to pretend to be Pacey, they would not have access to your employee profile information and the service would not be able to work. No transactions could take place as they would not be linked to our system;
	2.1.2	You know you are linked to the real Pacey if you followed the registration process outlined below and confirmed your national ID number;
	2.1.3	If you spot any suspicious activity, contact your payroll administrator immediately;
	2.1.4	On WhatsApp, please look for the security message at the start of your chat, which confirms you are chatting to Pacey – this message cannot be faked by a scammer as WhatsApp generates it. It appears in yellow (the other messages from the sender appear in white) in the very top of your new conversation, with a lock icon and reads as follows: “Messages and calls are end-to-end encrypted. No one outside this chat, not even WhatsApp, can read or listen to them. Tap for more info.” If you tap through you will receive a further confirming security message. You can also tap on the Pacey icon at the top of the chat which will show the number of the Pacey contact you created as well as additional information that shows the PaySpace physical address and website address;
	2.1.5	Always ensure that you are only chatting to the contact you yourself added, linked to our Pacey number of +27 10 824 0651. Never respond to any strange number claiming to be Pacey or PaySpace, add it yourself and confirm it yourself, in the same way that you would not respond to strangers who try to call you on the phone or reach out to you on SMS or email.
2.2	Is Pacey safe? Won’t everyone see my private information?
	2.2.1	Pacey is very secure. Your profile is confirmed via a registration process which allows you to confirm your national ID number in an encrypted chat, which will link your chat profile to your employee profile in the PaySpace Application. The cell phone number that you initiate the chat from will also be used to identify your employee record. Pacey is therefore using two factors of identification to ensure that the correct employee profile is obtained and linked.
2.3	What happens if someone hacks my WhatsApp account?
	2.3.1	The only way for your WhatsApp account to be hacked is for someone to physically have access to your cell phone. That is why it is important that you enable a unlock method such as a PIN. If your cell phone has been compromised, please get hold of your payroll administrator immediately and they can deactivate your user profile which will stop any further responses from Pacey.
2.4	What chat platforms is Pacey available on?
	2.4.1	At the moment, you can only access Pacey via WhatsApp.
2.5	How do I register for Pacey?
	2.5.1	For WhatsApp:
		2.5.1.1	Please note that you require your cell phone number and your national ID number to be captured on your employee profile on the PaySpace Application, as Pacey will verify this information;
		2.5.1.2	Add Pacey as a contact on your phone using +27 10 824 0651;
		2.5.1.3	Open WhatsApp and find the contact you added;
		2.5.1.4	Say “hi” to register and start chatting, our bot will talk you through the process.
2.6	Is Pacey an App? Do I need to download it from an App store?
	2.6.1	No, Pacey is not an App – it is a service that you can access from within WhatsApp, as long as you are registered and have an employee profile on the PaySpace Application.