Note about important clauses
If you are a consumer, as defined in the Consumer Protection Act 68 of 2008 (“Consumer Protection Act”), we have a duty to point out certain important terms to you. The paragraphs which contain these important terms and reasons why they are important are set out below.
LIMITATION OF RISK, LEGAL RESPONSIBILITY AND LIABILITY. Clauses 10, 13 and 17 are important because they limit and exclude obligations, liabilities and legal responsibilities that we may otherwise have to you. As a result of these clauses, your rights and remedies against us are limited and excluded. These clauses also limit and exclude your right to recover or make claims for losses, damages, liability or harm you or others may suffer.
ASSUMPTION OF RISK, LEGAL RESPONSIBILITIES AND LIABILITY BY YOU. Clauses 13 and 17 are important because you take on risk, legal responsibilities and liability. As a result of these clauses, you may also be responsible for claims and other amounts. You will also be responsible for, and you accept, the various risks, damages, harm, and injury which may be suffered by you and others for what is stated in these clauses. These clauses waive your rights, and as a result, we may not have to perform our duties and you may not become aware of information that you may need to protect yourself.
ACKNOWLEDGEMENTS OF FACTS BY YOU. Clauses 2, 7 and 8.2 are important because they each contain statements which are acknowledgements of fact by you. You will not be able to deny that the statements are true. We may take action against you and may have claims against you as a result of these statements. You will not be able to take any action against us if you suffer harm as a result of these statements.
- 4SIGHT (“4SIGHT” or “we” or “us” or “our”) strives to ensure that our use of Personal Information of users of the Service is lawful, reasonable, and relevant to our business activities, with the ultimate goal of improving our offerings, the Service and your experience.
- “Personal Information” refers to private information about an identifiable person, which includes your name and surname, contact details (e.g. your email address) and employment details.
- Other information which might be “Personal Information” may include:
- “Access Device and Access Device event information”: We may collect information such as your IP address, unique device identifier, the nature of the devices (“Access Device”) which you use to install, download, access or use the Service (e.g. a tablet or computer or smart phone, and which type thereof), the geographic locations from which you installed, downloaded, accessed or used the Service (i.e. the geographic location of your Access Device), hardware model and settings, operating system type and version, browser language, system activity, crashes;
- “log information”: When you install, download, access or use the Service, we may automatically collect and store certain information in server logs (i.e. our web servers automatically record and maintain a log of your activities), which may include your “activity information”, such as details of who, when and for how long you accessed the Service, what features you utilised, what Content you accessed, the amount of Content viewed, the frequency that you viewed Content, the order or sequence in which you viewed Content, and the amount of time spent on the Specific Content;
- “location information”: We may use various technologies to determine your actual location, such as geographical data from your Access Device (which is usually based on the IP location); and
- “unique application number”: Certain services include a unique application number. This number and information about your installation (for example, the operating system type and application version number) may be sent to us when you install or uninstall such a service or when that service periodically contacts our servers, such as for automatic updates.
- In addition to paragraph 5 below, Personal Information may be Processed by us in several ways, including when:
- we/you install and download the Service or the Content of your Access Device;
- you register to use the Service;
- you access, browse or make use of the Service or the Content;
- you submit your Personal Information to us for any other reason; and
- you contact us, by email or telephonically, with any queries or by posting a question through the Service.
- We collect your Personal Information in two ways, namely:
- Actively from you; and
- Passively from your Access Device when you use the Service.
- Active collection from you:
- We may require you to submit certain information in order for you to register to use the Service or when you communicate directly with us, for example via email, feedback forms, comments and queries;
- If you contact us, we may keep a record of that correspondence;
- The information we may actively collect from you may include your:
- identifying information (e.g. your name, surname, employment information);
- contact details (e.g. email address); and
- any other information which we may request from you from time to time.
- Passive collection from your Access Device:
- We passively collect some of your Personal Information from the Access Device which you use to access and navigate through the Service, using various technological means, for instance, using server logs to collect and maintain log information;
- The information which we may passively collect from your Access Device may include your identifying information, contact details, Access Device and Access Device event information, activity information, log information, location information, unique application numbers, and any other information which you permit us, from time to time, to passively collect from your Access Device.
- We Process the Personal Information we collect to provide, maintain, and improve the Service and the Content, to develop new services, and to protect us, our services and our users. We also wish to improve our users’ experience, and so we also use the Personal Information we collect for this purpose.
- We may also use your Personal Information:
- to retain and make information and the Content available to you on the Service;
- to create your user account and allow use of the Service Content;
- maintain and update our customer, or potential customer, databases;
- to establish and verify your identity on the Service;
- diagnose and deal with technical issues and customer support queries and other user queries;
- operate, administer, maintain, secure and develop the Service and the performance and functionality of the Service;
- communicate with you and keep a record of our communications with you and your communications with us;
- to create user profiles and to analyse and compare how you and other users make use of the Service and the Content and which Content you and other users make use of, including (without limitation) habits, click-patterns, preferences frequency and times of use, trends and demographics;
- to analyse and compare the kinds of Access Devices that you and other users make use of and where you are using them; and
- for other purposes relevant to our business activities, provided they are lawful.
- Your Personal Information may be shared and distributed by us under the following circumstances:
- to our employees, suppliers, service providers and agents if and to the extent that they need to know that information in order to process it for us and/or to provide services for or to us, such as hosting, development and administration, technical support and other support services relating to the Service or the Content. We will authorise any information processing done by a third party on our behalf, amongst other things by entering into written agreements with those third parties governing our relationship with them and containing confidentiality and non-disclosure provisions;
- in order to protect our rights, property or safety or that of our customers, employees, contractors, suppliers, service providers, agents and any other third party;
- in order to mitigate any actual or reasonably perceived risk to us, our customers, employees, contractors, agents or any other third party; and/or
- to governmental agencies, exchanges and other regulatory or self-regulatory bodies if we are required to do so by law or if we reasonably believe that such action is necessary to:
- comply with the law or with any legal process;
- protect and defend the rights, property or safety of us, the partners that comprise 4SIGHT as a partnership, or our customers, employees, contractors, suppliers, service providers, agents or any third party;
- protect the rights, property or safety of members of the public (if you provide false or deceptive information about yourself or mispresent yourself as being someone else, we may proactively disclose such information to the appropriate regulatory bodies and/or commercial entities).
- We store your Personal Information on our services for those of our service providers.
- We reserve the right to transfer to and/or store your Personal information on servers in a jurisdiction other than where it was collected or outside of South Africa, and such jurisdiction may not have comparable data protection legislation.
- If the location that Personal Information is transferred to or stored does not have substantially similar laws which provide for the protection of Personal Information, we will take reasonably practicable steps to ensure that your Personal Information is adequately protected in that jurisdiction.
- We take reasonable technical and organisational measures to secure the integrity of retained information, using accepted technological standards to prevent unauthorised access to or disclosure of your Personal Information, and protect your Personal information from misuse, loss, alteration or destruction.
- From time to time, we review our information collection, storage and processing practices, including physical security measures, to keep up to date with good practise.
- Even by taking the above measures when Processing Personal Information, we do not guarantee that your Personal Information is 100% secure.
- We may keep and Process some or all of your Personal Information if and for as long as:
- we are required or permitted by law or a contract with you to keep or Process it;
- we reasonably need it for lawful purposes related to our functions and activities;
- we reasonably need it for evidentiary purposes; or
- you agree to us keeping it for a specified further period.
- Where required by law, we take reasonable steps to ensure that your Personal Information is accurate, complete, not misleading, and up to date.
- You must let us know if any information we have about you is incorrect, incomplete, misleading or out of date, by notifying us at the contact details set out in clause 20 below.
- You agree that were the law requires us to make you aware of something (to inform or notify you) or to do something else, we do not have to do this. This only applies as far as the law allows this.
- For example, sometimes the law says that we have a duty to make you aware of some information or other matters, unless you agree that we do not need to do these things (this is called a waiver of rights). Because you agree to this, we will not have this duty anymore and will not need to make you are of the information or other matters.
The Service is not targeted at people under the age of 18. We will not knowingly collect information from persons in this age group without permission to do so.
- When you register to use the Service, you agree to receive marketing communications from us.
- You may refuse to accept, require us to discontinue, or pre-emptively block any approach or communications from us if that approach or communication is primarily for the purpose of direct marketing (“direct marketing communications”).
- If you have opted out, we may send you written (which may include electronic writing) confirmation of receipt of your opt out request, and not send you any further direct marketing communications.
- does not purports to limit or exempt us or any person or entity from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption;
- requires you to assume risk or liability for the kind of liability or loss, to the extent that the law does not allow such an assumption of risk or liability; or