1.1. We are a private company with offices at second floor, 3 Melrose Boulevard, Melrose Arch. In terms of the Protection of Personal
Information Act 4 of 2013 as amended (the “Act” or “POPIA”) we are considered ‘a responsible party’ (or data controller, in some instances) in respect of your Personal Information, which means that our business determines the purpose of and means for processing your Personal Information.
1.2. We will not use your Personal Information for any other purpose than that set out in this Policy and will endeavour to protect your
Personal Information that is in our possession from unauthorised alteration, loss, disclosure or access.
1.3. We have appointed an Information Officer who is responsible for overseeing questions in relation to this Policy. You may contact our
1.4. This Policy does not apply to the processing of Personal Information by other third parties relating to or by means of other parties'
websites, products or services, or sites which link to or advertise our Website or our products, services and/or staff.
1.5. We may obtain Personal Information from you:
1.5.1. in the course of our relationship with you;
1.5.2. when you make your Personal Information available to us by submitting same through a contact form on our websites;
1.5.3. when you make your Personal Information public;
1.5.4. when you visit and/or interact with our Website or our various social media platforms;
1.5.5. when you register or sign-up to any of our services including but not limited to newsletters, webinars and/or events;
1.5.6. when you interact with any third party content or advertising on our Website;
1.6. With each visit to our Website, we may automatically collect and store certain information about you. This may include:
1.6.1. technical information, including your Internet Protocol (IP) address which is used to connect your computer to the Internet,
operating system and browser type and platform for system administration (also known as ‘Cookies’); and
1.6.2. information about your use of our Website including details of your visits such as pages viewed and the resources that you
accessed. Such information includes traffic data, location data and other communication data.
1.7. We strive to collect only that Personal Information which is necessary for the intended purpose of the collection and we will not
retain your Personal Information for longer than is necessary to achieve the purpose for which we collected it, unless there is a lawful basis or legal requirement for us to retain your Personal Information for a longer period.
1.8. We will Process your Personal Information in the ordinary course of business. We will primarily use your Personal Information only
for the purpose for which it was originally or primarily collected. We will use your Personal Information for a secondary purpose only if such purpose constitutes a legitimate interest and is closely related to the original or primary purpose for which the Personal Information was collected. We may subject your Personal Information to Processing during the course of various activities, including, without limitation, to conduct our business, to verify the information provided, to verify the identity of a person, to ensure good business practices, compliance with applicable law and fraud prevention; transfer of information to our Service Providers and other third parties and related needs.
Sharing your information
1.9. We will not intentionally disclose your Personal Information, whether for commercial gain or otherwise, other than with your
1.10. You agree and give permission for us to share your Personal Information under the following circumstances:
1.10.1. to our Employees, Associates and Service Providers, for legitimate business purposes, in accordance with applicable law
and subject to applicable professional and regulatory requirements regarding confidentiality;
1.10.2. if required by law, including but not limited to governmental agencies and other regulatory or self-regulatory bodies, if
required to do so by law or when we reasonably believe that such action is necessary;
1.10.3. to legal and regulatory authorities, upon request, or for the purposes of reporting any actual or suspected breach of
applicable law or regulation;
1.10.4. to our third party Operators (including, but not limited to, data processors such as providers of data hosting services,
document review technology services, development and administration, technical support, third party advertising, plugins or content, and related support services), located anywhere in the world, subject to the provisions contained herein for
cross-border transfer and where it is necessary for the purposes of, or in connection with, legitimate business purposes.
1.10.5. to enable us to enforce or apply terms and/or any agreement you may have with us; and
1.10.6. to protect the rights, property or safety of members of the public (if you provide false or deceptive information or
misrepresent yourself, we may proactively disclose such information to the appropriate regulatory bodies and/or
1.11. If we engage a third-party Operator to process any of your Personal Information, we recognise that any Operator who is in a
foreign country must be subject to a law, binding corporate rules or binding agreements which provide an adequate level of protection similar to POPIA. We will review our relationships with Operators we engage and, to the extent required by any applicable law, we will require such Operators to be bound by contractual obligations to only Process such Personal Information in accordance with our prior instructions; and use appropriate measures to protect the confidentiality and security of such Personal Information.
1.12. We implement appropriate technical and organisational security measures to protect your Personal Information that is in our
possession against accidental or unlawful destruction, loss, alteration, unauthorised disclosure, unauthorised access, in accordance with applicable law. Such measures include treating your information as sensitive, taking technical and organisational measures to measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access; and promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information.
1.13. Although we take the aforementioned precautions in protecting your personal information, we shall however not be liable for any
loss or damage, howsoever arising, suffered as a result of the disclosure of such information if outside our reasonable control.
Storing your personal information
1.14. We shall only retain and store Personal Information for the period for which the data is required to serve its primary purpose or a
legitimate interest or for the period required to comply with an applicable legal requirement, whichever is longer, or until you contact us and ask us to destroy it.
1.15. Please ensure Personal Information provided to is accurate, complete and up-to-date. Should any details change, the onus is on
you to notify us of the change and provide us with the accurate data.
1.16. We will only send you direct marketing materials if you have specifically opted-in to receive these materials, or if you are a client of
the business, at all times in accordance with applicable laws.
1.17. If you complete any forms on our Website or join any of our social media accounts, you agree to receive marketing communication
or direct marketing services from us.
1.18. You may refuse to accept, require us to discontinue, or pre-emptively block any approach or communication from us if that
approach or communication is primarily for the purpose of direct marketing. This may be done by “opting out” out of receiving direct marketing communication from us at any time by requesting that we stop providing any direct marketing communication to you. You may also send your opt-out requests to our Information Officer at firstname.lastname@example.org
2. PROHIBITED CONTENT AND USE
2.1. You are not allowed to (“Prohibited Use”):
2.1.1. Use the Website in a manner which may cause damage to us, other website users or any third party;
2.1.2. Publish, upload, exchange or transmit any content that the you know to be false or untrue, or has justifiable reasons to
believe it to be false or untrue, and whose use may cause damage to us, other website users or third parties;
2.1.3. Misrepresenting yourself for the purpose of deceiving us, other website users or third parties
2.1.4. Publish, upload, exchange or transmit to us, other website users or third parties any unwanted notices or content of
commercial or malicious nature, without prior request or consent;
2.1.5. Purposeful publishing, uploading, exchange or transmission of any content containing computer viruses, worms, and
programs that may obstruct or hinder regular operation of the websites, cause damage or destruction of any computer
program, or any computer and other equipment owned by us, other website users or third parties;
2.1.6. Collect, process or use our personal data or that of other website users or third parties in an unauthorised manner;
2.1.7. Engage in overt or covert advertising (verbal or graphic representation of Products, services, personal names, names of
companies, names, trademarks (registered or unregistered trademarks and service marks), businesses etc.) in an
unauthorised manner or without prior request or consent;
2.1.8. You shall be legally liable for failure to comply with the provisions of these T&C’s related to Prohibited Use or Prohibited
Content, particularly for possible damage caused by such actions to us, other website users and/or third parties.
2.2. In consequence of the above, we cannot be held responsible for possible damage incurred to yourself, other website users or third
parties, caused by Prohibited Practices/use.
3. ERRORS AND INACCURACIES
3.1. We make every effort to be accurate and factual, but cannot and do not guarantee the accuracy or completeness of any informatio
on our websites. Our right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice is fully and strictly reserved.
4. INTELLECTUAL PROPERTY RIGHTS
4.1. The full contents of the Websites are copyright-protected.
4.2. All intellectual property on our websites, including but not limited to content, trademarks, domain names, patents, design
elements, software, source code, meta tags, databases, text, graphics, icons and hyperlinks are the property of or licensed to us and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights provided to you in these T&C’s, all of the rights to intellectual property on the websites are expressly and strictly reserved.
4.3. All rights, interest and title in intellectual property on the Website is, and remain, our exclusive property, and any unlawful or
unauthorised use, modification, alteration, on-sell or distribution, is punishable by law.
5. INDEMNITY AND WARRANTIES
5.1. The materials on our Websites are provided “as is”. We makes no warranties, expressed or implied, and hereby disclaims and
negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
5.2. Use of our Websites or the information contained thereon is entirely at your own risk and you accept full responsibility for all risks
that may result from the use of the Websites. We will not be liable for damages of any nature whatsoever which may arise out of the use of the Website or the information contained thereon.
5.3. We have taken all commercially reasonable measures to ensure the integrity of the Website and no warranty is given that any
material downloaded from the Website is free of viruses, bugs, or the like that may have the ability to corrupt the operation of your computer system. The User/Client is accordingly advised to employ their own virus scanning tools.
6. LINKS TO THIRD PARTY PLATFORMS
6.1. We shall not control or supervise content available through hyperlinks to other websites and therefore we cannot guarantee the
accuracy, truthfulness, origin, contents, or availability thereof.
6.2. In consequence of the above, we cannot be held responsible for possible damage caused regarding publishing, removing, or using
any links, or relying on any content available via hyperlinks.
7. GOVERNING LAW
out of it or its expiration or earlier termination for any reason shall be determined in accordance with the laws of the Republic of South Africa.
Virtual Nation Builders (Pty) Ltd.
2nd Floor, 3 Melrose Boulevard, Melrose Arch, Gauteng