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Terms of Use

  1. WEBSITE TERMS AND CONDITIONS OF USE
    1. This document sets out the terms and conditions ("Terms") of Privacy Officers Africa pertaining to the access and use of the information, products, services and functions provided on privacyofficers.africa ("Website").
    2. Should any person that accesses the Website you ("You" or "User") disagree with any of the Terms, you must refrain from accessing the Website and/or using our services.
    3. If you are under the age of 18, you must obtain your parents’ or legal guardians’ advance authorisation, permission and consent to be bound by these Terms before purchasing any products or services.
    4. Privacy Officers Africa reserves the right, in its sole discretion, to amend and/or replace any of, or the whole of, the Terms. Such amendments shall supersede and replace any previous Terms and shall be made available on the Website. Each time a user accesses the Website and/or uses the services, the user shall be deemed to have consented, by such access and/or use, to the Terms, as amended and/or replaced by Privacy Officers Africa from time to time. If you are not satisfied with the amended Terms, you should refrain from using the Website.
    5. We will however give you prior notice where we have collected personal information from you and the purpose for which we collected that information, is affected by the intended amendment.
    6. If there is anything in these Terms that you do not understand then please contact us as soon as possible – see clause 13 below for contact details. Please note that calls to us are charged at national rates and may be monitored for training, security and quality assurance purposes.

  2. CONTENT OF THE WEBSITE
    1. Privacy Officers Africa reserves the right to make improvements, to change or to discontinue, without notice, any aspect or feature of the Website and any information or content on the Website.
    2. Privacy Officers Africa reserves the right to change and amend the dates, events, documents, products, prices and rates quoted on this Website from time to time without notice.
    3. Privacy Officers Africa may use the services of third parties to provide information on the Website. Privacy Officers Africa has no control over this information and makes no representations or warranties of any nature as to its accuracy, appropriateness or correctness.  The user agrees that such information is provided “as is” and that Privacy Officers Africa and its online partners shall not be liable for any losses or damages that may arise from the user’s reliance on it, howsoever these may arise.
    4. Privacy Officers Africa makes no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of any information, data and/or content on the Website, including without limitation:
      1. Privacy Officers Africa does not warrant that the Website or information or downloads shall be error-free or that they shall meet any particular criteria of performance or quality. Privacy Officers Africa expressly disclaims all implied warranties, including without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security, and accuracy;
      2. whilst Privacy Officers Africa has taken reasonable measures to ensure the integrity of the Website and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via this Website are free of viruses, or any other data or code which has the ability to corrupt, damage or affect the operation of the user’s system; and
      3. Privacy Officers Africa disclaims any responsibility for the verification of any claims. Information published on this Website may be done so in the format in which Privacy Officers Africa receives it and statements from external parties are accepted as fact.

  3. LINKED THIRD PARTY WEBSITES AND THIRD PARTY CONTENT
    1. Privacy Officers Africa may provide links to third party websites on the Website. These links are provided to the user for convenience purposes only and Privacy Officers Africa does not endorse, nor does the inclusion of any link imply Privacy Officers Africa Africa's endorsement of, such websites, their owners, licensees or administrators or such websites’ content or security practices and operations.
    2. While Privacy Officers Africa tries to provide links only to reputable websites or online partners, Privacy Officers Africa cannot accept responsibility or liability for the information provided on other websites. Linked websites or pages are not under, nor subject to, the control of Privacy Officers Africa.  Privacy Officers Africa is not responsible for and gives no warranties or makes any representations in respect of the privacy policies or practices of linked or any third party or advertised websites on the Website.
    3. You agree that Privacy Officers Africa shall not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access any linked website or any link(s) contained in a linked website, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the result of the presence of such third party linked websites on the Website. Any dealings that you may have with any linked websites, including advertisers, found on the Website, are solely between you and the third party website.

  4. USAGE RESTRICTIONS
    The user hereby agrees that it shall not itself, nor through a third party:
    1. copy (other than for backup, archival or disaster recovery purposes), reproduce, translate, adapt, vary, modify, lease, licence, sub-licence, encumber or in any other way deal with any part of the Website for any reason and in any manner, unless it is consistent with the intent and purpose of these Terms;
    2. decompile, disassemble or reverse engineer any portion of the Website;
    3. write and/or develop any derivative of the Website or any other software program based on the Website;
    4. modify or enhance the Website. In the event of a user effecting any modifications or enhancements to the Website in breach of this clause, such modifications and enhancements shall be the property of Privacy Officers Africa;
    5. without Privacy Officers Africa Africa’s prior written consent, provide, disclose, divulge or make available to or permit the use of or give access to the Website by persons other than the user;
    6. remove any identification, trademark, copyright or other notices from the Website;
    7. post or transmit, by means of reviews, comments, suggestions, ideas, questions or other information through the Website, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually-explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind; and/or
    8. notwithstanding anything contained to the contrary in these Terms, use the Website for any purpose other than personal, non-commercial and information purposes.

  5. SECURITY
    1. In order to ensure the security and reliable operation of the services to all Privacy Officers Africa Africa’s users, Privacy Officers Africa hereby reserves the right to take whatever action it may deem necessary to preserve the security, integrity and reliability of its network and back-office applications.
    2. You may not utilise the Website in any manner which may compromise the security of Privacy Officers Africa Africa’s networks or tamper with the Website in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorised access to the Website, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the Website, all of which is expressly prohibited. Any person or entity which does so, or attempts to do so, shall be held criminally liable. Further, should Privacy Officers Africa suffer any damage or loss, civil damages shall be claimed by Privacy Officers Africa against the user.
    3. Any user who commits any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) (specifically sections 85 to 88 (inclusive)) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by Privacy Officers Africa and its affiliates, agents and/or partners.

  6. INTELLECTUAL PROPERTY RIGHTS
    1. For the purpose of this clause, the following words shall have the following meanings ascribed to them:
      1. "Intellectual Property" means trade-marks, service marks, trade names, trade dress, domain names, logos, get-up, patents, provisional patents, inventions (whether patentable or not), know-how (including confidential industrial and commercial information and techniques in any form), trade secrets, utility models, registered and unregistered design rights, copyright, semi-conductor topography rights, database rights, rights in respect of any new or existing compilation of any data or information not covered under any existing copyright, any structured analysis, reports, application and any resulting know-how, use or any other results originating or following from or as a consequence of data being made available in respect of any of the aforementioned or part thereof, and all similar proprietary rights which may subsist in any part of the world including, where such rights are obtained or enhanced by registration, any registration of such rights and applications and rights to apply for such registrations, as well as any confidential information or processes relating to that subject matter and includes Developed Intellectual Property;
    2. All copyright and other intellectual property rights in all content, trademarks, software, data, material, including logos, databases, text, graphics, icons, hyperlinks, confidential information, designs, agreements, and multimedia works, published on or via the Website ("Proprietary Material"), are the property of, or are licensed to, Privacy Officers Africa and as such are protected from infringement by local and international legislation and treaties.
    3. By submitting reviews, comments and/or any other content (other than your personal information) to Privacy Officers Africa for posting on the Website, you automatically grant Privacy Officers Africa and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable right and licence to use, reproduce, publish, translate, sub-license, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed, for the full term of any copyright that may exist in such content. Subject to this licence, you retain any and all rights that may exist in such content.
    4. All rights not expressly granted are reserved and no right, title or interest in any proprietary material or information contained in this Website is granted to you.
    5. Except with Privacy Officers Africa Africa’s express written permission, no Proprietary Material from this Website may be copied or retransmitted.
    6. Irrespective of the existence of copyright, the user acknowledges that Privacy Officers Africa is the proprietor of all material on the Website (except where a third party is indicated as the proprietor), whether it constitutes confidential information or not, and that the user has no right, title or interest in any such material.
    7. Privacy Officers Africa authorises you only to view, copy, temporarily download to a local drive and to print the content of this Website, or any part thereof, provided that such content is used for personal purposes and for information purposes only, and such content is used for non-commercial purposes.

  7. RISK, LIMITATION OF LIABILITY AND INDEMNITY
    1. The user’s use of this website and the information contained on the website is entirely at the user’s own risk and the user assumes full responsibility and risk of loss resulting from the use thereof.
    2. The transmission of information via the internet, including without limitation e-mail, is susceptible to monitoring and interception. The user bears all risk of transmitting information in this manner. Under no circumstances shall Privacy Officers Africa be liable for any loss, harm, or damage suffered by the user as a result thereof. Privacy Officers Africa reserves the right to request independent verification of any information transmitted via e-mail and the user consents to such verification should Privacy Officers Africa deem it necessary.
    3. To the extent permissible by law:
      1. Neither Privacy Officers Africa, its affiliates, shareholders, agents, consultants or employees shall be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise) related to the use of, or the inability to access or use the content of the website or any functionality thereof, or the information contained on the website, or of any linked website, even if Privacy Officers Africa knows or should reasonably have known or is expressly advised thereof.
      2. The liability of Privacy Officers Africa for faulty execution of the website as well as all damages suffered by the user, whether direct or indirect, as a result of the malfunctioning of the website shall be limited to Privacy Officers Africa rectifying the malfunction, within a reasonable time and free of charge, provided that Privacy Officers Africa is notified immediately of the damage or faulty execution of the website. This liability shall fall away and be expressly excluded if the user attempts to correct or allows third parties to correct or attempt to correct the website without the prior written approval of Privacy Officers Africa.  However in no event shall Privacy Officers Africa be liable to the user for loss of profits or for special, incidental, consequential or punitive losses or damages arising out of or in connection with the website or its use or the delivery, installation, servicing, performance or use of it in combination with other computer software.
      3. You hereby unconditionally and irrevocably indemnify Privacy Officers Africa and agree to hold Privacy Officers Africa free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by Privacy Officers Africa or instituted against Privacy Officers Africa as a direct or indirect result of:
        • your use of the website;
        • software, programs and support services supplied by, obtained by or modified by you or any third party without the consent or knowledge of Privacy Officers Africa;
        • your failure to comply with any of the terms or any other requirements which Privacy Officers Africa may impose from time to time;
        • the actions or requirements of any telecommunications authority or a supplier of telecommunications services or software; or
        • any unavailability of, or interruption in, the service which is beyond the control of Privacy Officers Africa.
      4. Privacy Officers Africa makes no warranty or representation as to the availability, accuracy or completeness of the content of the website. You expressly waive and renounce all your rights of whatever nature that you may have against Privacy Officers Africa for any loss suffered by you, as a result of information supplied by Privacy Officers Africa being incorrect, incomplete or inaccurate.
  1. PROCESSING OF PERSONAL INFORMATION
    1. Personal information when used in this Policy means information that can identify you as an individual or is capable of identifying you. By personal information we don’t mean general, statistical, aggregated or de-identified information.
    2. Your use of our services signifies your consent to us collecting and using your personal information as specified in our Privacy Policy.

  2. COOKIES
    1. We might use cookies and other techniques such as web beacons when you visit our website. "Cookies" are small text files used by us to recognise repeat users, facilitate your on-going access to and use of our website and allow us to track your usage behaviour and compile aggregate data that will allow us to improve the functionality of our website and content.
    2. The information we collect from cookies enables us to:
      1. tailor our websites to your personal needs;
      2. remember the notifications that you have been shown, so that you are not shown them again;
      3. help us find information once you have logged in;
      4. help us link your browsing information to you and your personal information, for example, when you choose to register for a service;
      5. make improvements and updates to our websites based on the way you want to use them; and
      6. we generally do not use cookies to identify you personally.
    3. The type of information collected by cookies is not used to personally identify you.
    4. We use the following types of cookies:
      1. Necessary cookies: Necessary cookies enable you to use our websites and all its features, such as enabling access to secure areas of the website. Without these cookies you may not be able to use all the features of our websites.
      2. Performance cookies: Performance cookies collect information about how you use our websites so we can improve them for you in future. The information collected by these cookies is anonymous. They do not collect any information that can identify you personally.
      3. Functionality cookies: Functionality cookies enable us to provide you with a more personalized experience. They help us to remember data, such as your username and language preference, to save you having to enter them again the next time you visit.  The information these cookies collect is anonymous.  They cannot track your browsing activity on other websites.
      4. Targeting/advertising cookies: We and our service providers may use advertising cookies to deliver ads that we believe are relevant to you and your interests. For example, we may use targeting or advertising cookies to customize the advertising and content you receive on our websites, to limit the number of times you see the same ad on our websites and to help measure the effectiveness of our advertising campaigns.
      5. Social media cookies: Our websites use third-party cookies from social media sites such as Facebook, Twitter and LinkedIn to enable in-depth campaign reporting and to track social network users when they visit our websites, by using a tagging mechanism provided by those social networks. These cookies can also be used for event tracking and remarketing purposes. Any data collected with these tags will be used in accordance with our Privacy Policy and with the social network's privacy policies. Our websites will not collect or store any personally identifiable information from the user.
    5. To ensure you get the best possible experience when visiting our websites, we recommend that you accept cookies. However, you can opt-out of each cookie category (except strictly necessary cookies) by clicking on the “cookie settings” button or disable cookies in your web browser.
    6. Cookies may, however, be necessary to provide you with certain features available on our website. If you disable cookies you may not be able to use these features, and your access to our website will be limited. 

  3. CONFIDENTIALITY
    1. By subscribing as a user, you agree that you shall hold in the strictest confidence and not disclose to any third party information acquired in connection with any aspect of the products and/or services offered by Privacy Officers Africa. You shall notify Privacy Officers Africa should you discover any loss or unauthorised disclosure of the information.
    2. Any information or material sent to Privacy Officers Africa will be deemed not to be confidential, unless otherwise agreed in writing by the user and Privacy Officers Africa.

  4. BREACH OR CANCELLATION BY PRIVACY OFFICERS AFRICA
    1. Privacy Officers Africa is entitled without notice, in addition to any other remedy available to it at law or under these Terms, including obtaining an interdict, to cancel these Terms, limit or deny such user use of the Website and services, or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to Privacy Officers Africa Africa’s right to claim damages, should any user:
      1. breach any of these Terms;
      2. in the sole discretion of Privacy Officers Africa, use the Website in an unauthorised manner; or
      3. infringe any statute, regulation, ordinance or law.
    2. Breach of these Terms entitles Privacy Officers Africa to take legal action without prior notice to the user and the user agrees to reimburse the costs associated with such legal action to Privacy Officers Africa on an attorney and own client scale.

  5. COMPLIANCE WITH LAWS
    You shall comply with all applicable laws, statues, ordinances and regulations pertaining to your use of and access to this Website.
  1. NOTICES
    1. Except as explicitly stated otherwise, any notices shall be given by email to info@privacyofficers.africa (in the case of Privacy Officers Africa ) or to the e-mail address you have provided to Privacy Officers Africa (in your case), or such other address that has been specified.
    2. Notice shall be deemed given 48 (forty eight) hours after an email is sent, unless the sending party is notified that the email address is invalid.
    3. You acknowledge that all agreements, notices or other communication required to be given in terms of the law or these Terms may be given via electronic means and that such communications shall be “in writing”.
    4. Notwithstanding anything to the contrary, a written notice or communication actually received by a party shall be an adequate written notice or communication to it, notwithstanding that it was not sent to or delivered at its chosen address(es) for that purpose.

  2. GENERAL CLAUSES
    1. These Terms shall be governed in all respects by the laws of the Republic of South Africa as such laws are applied to agreements entered into and to be performed within South Africa.
    2. This Website is controlled, operated and administered by Privacy Officers Africa from its offices within the Republic of South Africa. Privacy Officers Africa makes no representation that the content of the Website is appropriate or available for use outside of South Africa. Access to the Website from territories or countries where the content of the Website is illegal is prohibited.  Users may not use this Website in violation of South African export laws and regulations.  If the user accesses this Website from locations outside of South Africa, that user is responsible for compliance with all local laws.
    3. Privacy Officers Africa does not guarantee continuous, uninterrupted or secure access to our services, as operation of our Website may be interfered with as a result of a number of factors which are outside of our control.
    4. If any provision of these Terms is held to be illegal, invalid or unenforceable for any reason, such provision shall be struck out from these Terms and the remaining provisions shall be enforced to the full extent of the law.
    5. Privacy Officers Africa Africa’s failure to act with respect to a breach by you or others does not constitute a waiver of our right to act with respect to subsequent or similar breaches.
    6. You shall not be entitled to cede your rights or assign your rights or delegate your obligations in terms of these Terms to any third party without the prior written consent of Privacy Officers Africa.
    7. No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.
    8. The head notes to the paragraphs to these Terms are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.
    9. Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include females and words importing persons shall include partnerships and corporate and unincorporated entities.
    10. These Terms set forth the entire understanding and agreement between Privacy Officers Africa and you with respect to the subject matter hereof.