- PRIVACY, ACCESS TO AND USE OF INFORMATION
- ESA receives various types of information (“Information”) from Users who access the Website, including personal information as detailed in the Promotion of Access to Information Act 2 of 2000 (“PAIA”), and as detailed in Section 1 of ECTA and as defined in the Protection of Personal Information Act, 4 of 2013 (“POPIA”) (“Personal Information”).
- ESA may lawfully process your Personal Information in terms of Chapter 3 of POPIA. ESA voluntarily subscribes to Section 51 of ECTA and endeavors to process Personal Information received by ESA in terms of ECTA and POPIA.
- Whenever the User is of the opinion that ESA fails to comply with Section 51 of ECTA or Chapter 3 of POPIA, the User will contact ESA by sending an email to [email protected] AESA will review the User’s representations made by email and, if within ESA’s sole and absolute discretion advisable, take corrective action and in any event within 30 days respond to User informing about corrective actions taken, if any.
- 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 ESA does not mean general, statistical, aggregated or anonymised information.
- Your use of our services signifies your consent to ESA collecting, using and processing your Personal Information.
- You shall comply with all applicable laws, statutes, ordinances, and regulations pertaining to your use of and access to this Website.
- If you are of the opinion that ESA is not processing your Personal Information lawfully in terms of Chapter 3 of POPIA, then you have the following rights:
- To be notified that Personal Information is being collected in terms of section 18 of POPIA;
- To be notified that Personal Information has been accessed or acquired by an unauthorised person in terms of section 22 of POPIA;
- To establish whether a responsible party holds your Personal Information and to request access to your Personal Information;
- To request, where necessary, the correction, destruction or deletion of your Personal Information;
- To object, on reasonable grounds relating to your particular situation, to the processing of your Personal Information;
- To object to the processing of your Personal Information at any time for purposes of direct marketing;
- Not to have your Personal Information processed for purposes of direct marketing by means of unsolicited electronic communications;
- To submit a complaint to the Regulator regarding the alleged interference with the protection of your Personal Information or to submit a complaint to the Regulator in respect of a determination of an adjudicator; and
- To institute civil proceedings regarding the alleged interference with the protection of your Personal Information.
- PRIVACY – CASUAL SURFING
- The User may visit the Website without providing any personal information.
- The User accordingly grants express written permission for the Website servers in such instances collecting the IP address of the User computer, but not the email address or any other distinguishing information.
- This information is aggregated (added up) to measure the number of visits, average time spent at the Website, pages viewed, etc.
- ESA uses this information to determine use of the Website, and to improve Content.
- ESA assumes no obligation to protect this information, and may copy, distribute or otherwise use the information.
- PRIVACY – UNSOLICITED INFORMATION
- If the User posts unsolicited content or other information (“Information”) to the Website and does not indicate otherwise, the User grants to ESA and/or Owners a non-exclusive, royalty-free, perpetual (everlasting), irrevocable (irreversible) and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Information throughout the world in any media.
- The User grants to ESA and/or Owners the right to use the name that the User submits in connection with such Information, if they choose. The User warrants that:-
- the User owns or otherwise controls all of the rights to the Information that the User posts;
- the Information is accurate;
- the supply of the Information to ESA;
- the User does not violate this Policy and does not infringe the rights of any person or entity; and
- the User indemnifies ESA and Owners against all claims resulting from the receipt by ESA of the Information the User supplies to it.
- PRIVACY-SOLICITED INFORMATION THE USER GIVES TO ESA
- ESA requires certain Personal Information necessary to process transactions if the User requires any of ESA’s services.
- ESA receives and stores all Information, including Personal Information which the User enters on the Website or gives to ESA, in accordance with chapter 3 of POPIA. The User may choose not to provide certain Personal Information, but that may limit the services that the User may wish to obtain from the Website.
- ESA provides its services in conjunction with its affiliates and subsidiaries. In this regard and unless specifically restricted by the User from the license below, the User and when entering into specific transaction in question expressly grants in writing to the Owners and ESA a non-exclusive, royalty free, perpetual irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Information throughout the world in any media, subject to the provisions of POPIA.
- The User’s Information that is required by affiliates and subsidiaries to give effect to transactions that the User chooses to enter into is shared with those entities.
- PRIVACY – PROMOTIONAL INFORMATION
ESA aspires to provide first-class service to its Users, which requires ESA providing information to User about new services or special offers. In each instance, the User is provided an opportunity to opt-out of such information circulars. For more information, please send an email to [email protected]
- PRIVACY – BUSINESS TRANSFERS
ESA may enter into business arrangements and its customer base is one of the more valued assets. In such an event, customer Information will be one of the transferable assets, subject to the provisions of POPIA.
- PRIVACY – LAWFUL PURPOSES
When ESA is served with due legal process requiring the delivery of Personal Information, it has the legal duty to abide by that demand and will do so. ESA may also impart Personal Information if permitted or required to do so by law.
- PRIVACY-SURVEYS AND STATISTICAL PROFILES
- ESA understands that efficiency and customer care translates to good service. ESA may periodically conduct online customer care surveys to enable the updating of service standard.
- When it conducts a survey, ESA must inform the User how the information gathered will be used and provide the User with the opportunity to opt-out from such surveys.
- Despite terms to the contrary, ESA may choose to use Personal Information to compile profiles for statistical purposes and may choose to trade with such profiles and statistical data, as long as the profiles or statistical data cannot be linked to any specific data subject, including the User, by a third party.
- PRIVACY - STORAGE
Personal Information will be stored for as long as it is used and for a period of one year, together with a record of the Personal Information and the specific purposes it was collected for. Personal Information will be destroyed once it has become obsolete (out of date or unusable).
- PRIVACY – INTERCEPTION
Subject to the Regulation of Interception of Communications Act 70 of 2002 (“RICA”), the User agrees that ESA may intercept, block, read, delete, disclose and use all communications sent or otherwise communicated to ESA, its employees, members and agents. User agrees that his or her consent satisfies the requirements of ECTA and RICA for consent “in writing” as defined.
ESA may store some information (commonly known as “cookies”) on your computer when you visit the Website. This enables ESA to recognize you during subsequent visits. The type of information gathered is non-personal, such as IP address of your computer, the date and time of your visit, which pages you browsed and whether the pages have been delivered successfully. Apart from merely establishing basic connectivity and communications, ESA may also use this data in aggregate form to develop customized services – tailored to your individual interests and needs. Should you choose to do so, it is possible (depending on the browser you are using), to be prompted before accepting any cookies, or to prevent your browser from accepting any cookies at all. This may however cause certain features of the Website not to be accessible.
- CRAWLERS AND SPIDERS
No person, business or website may use any technology to search and/or gain information from the Website without ESA’s prior written consent.
- By accepting the terms and conditions, 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 ESA. You shall notify ESA should you discover any loss or unauthorized disclosure of the information.
- Any information or material sent to ESA will be deemed not to be confidential, unless otherwise agreed in writing by the User and ESA.
Except as explicitly stated otherwise, any notices shall be given to by e-mail to [email protected] or the e-mail address you have provided ESA, or such other address that has been specified. Notice shall be deemed given 48 (forty-eight) hours after an e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, ESA may give you notice by registered mail, postage prepaid and return receipt requested, to the address which you have provided to ESA. In such case, notice shall be deemed given 7 (seven) days after the date of mailing. 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 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.
Neither you nor ESA shall be bound by any express, tacit nor implied representation, warranty, promise or the like not recorded herein. These terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and ESA in respect of the subject matter hereof. No indulgence or extension of time which either you or ESA may grant to the other will constitute a waiver of or, whether by estoppels or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights. ESA shall be entitled to cede, assign and delegate all or any rights and obligations in terms of these Terms. All provisions of these Terms are, notwithstanding the manner in which they have been grouped together all linked grammatically, severable from each other. Any provision of these Terms which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of these Terms shall remain in full force and effect. Should ESA be prevented from fulfilling any of its obligations to you as a result of any event of force majeure, then those obligations shall be deemed to have been suspended to the extent that and for as long as ESA is so prevented from fulfilling them and your corresponding obligations shall be suspended to the corresponding extent. In the event that force majeure continues for more than fourteen days after it has first occurred, then ESA shall be entitled (but not obliged) to terminate all of its rights and obligations in terms of or arising out of these terms by giving notice to you. An “event of force majeure” shall mean any event or circumstance whatsoever which is not within the reasonable control of including, without limitation, vis major, casus fortuitous, any act of God, strike, theft, riots, explosion, insurrection or other similar disorder, war (whether declared or not) or military operations, the downtime of any external telecommunications line, power failure, international restrictions, any requirement of any international authority, any requirement of any government or other competent local authority, any court order, export control or shortage of transport facilities. This Website is controlled, operated and administered by ESA from its offices within the Republic of South Africa. ESA makes no representations 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. ESA does not guarantee continuous, uninterrupted or secure access to ESA services, as operation of the Website may be interfered with as a result of a number of factors which are outside of ESA’s control. ESA’s failure to act with respect to a breach by you or others does not constitute a waiver of ESA’s right to act with respect to subsequent or similar breaches. You will 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 ESA.