1. | Introduction |
We are SportSpots, a division of WhatSpot (Pty) Ltd (2014/167409/07). These are the general terms of the relationship between you (the website visitor or user of the application) and us (the website and application owner). The terms cover all use of this website or the application. You agree to be legally bound by the terms by visiting and using this website. Please do not use the website if you do not agree to the terms. | |
2. | Definitions and interpretation |
2.1. | Definitions |
In the agreement:
information means the data and detail about your event or organisation that you upload onto our website. terms means the terms, consisting of: • these terms of use; and • any other relevant specific terms, policies, disclaimers, rules, and notices agreed between the parties, (including any that may be applicable to a specific section or module of the website); we, us, or our means our organisation, the owner of the website and the application. It includes our officers, agents, employees, owners, co-branders, and associates where the terms limit or exclude our liability; you or your means any visitor to this website or user of the application, including any other person, website, business, or agent (including any virtual or robotic agent) associated with the visitor. |
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2.2. | Interpretation |
If the meaning of any general terms conflicts with any other relevant specific terms, the specific terms will apply. Specific terms apply to a specific section of the website or application or have been specifically agreed between you and us. | |
3. | Use of this website or the application |
3.1. | Licence |
We grant you a limited licence to use this website or the application on these terms. We may cancel your licence at any time for any reason. We reserve the right to control and monitor your compliance with these terms without notice to you. Your licence is automatically cancelled if you do not get our written permission before using this website or application in a way these terms do not allow. | |
3.2. | Breach |
If you breach any of the terms or infringe any other person’s rights (including copyright), we may cancel your licence, block you from using the website or the application, claim specific performance or damages against you, and take any other steps the law allows, without affecting our rights. | |
3.3. | Framing and linking |
You may not frame this website or any of its pages. You may only link to the home page of this website. You may not deep link (link to any other page) or link in any way that could suggest that we endorse or support you, or that you have any rights in our website or intellectual property, unless we have given you permission to do so. | |
3.4 | Virtual agents |
You may not use any technology (including spiders, crawlers, bots, and similar virtual agents) to search or gain any information from this website, unless we have given you permission to do so. | |
4. | Capacity |
You promise that you are entitled to visit this website or use the application and agree to the terms because you:
• are at least 18 (or regarded as legally adult), and have the legal right and capacity to do so; or • are not 18 yet, but have permission from your parent (or legal guardian) to do so. |
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5. | Accurate information |
You promise that you will only give accurate information to us and this website or the application. | |
6. | Intellectual property |
6.1. | Ownership |
Except as provided to the contrary in an agreement between you and us, all rights, title, interest, and ownership (including all rights under all copyright, patent, and other intellectual property laws) in, to, or of this website or the application are our sole property or will vest in us or a third party licensor. All moral rights are reserved. If you post information about your organisation on our website or social media pages then you grant us permission to use and display your name, logo, related images, videos, comments or marketing information to your organisation. This permission extends to the use of trademarked names, logos and images. | |
6.2. | Trademarks |
Our logo and sub-logos, marks, and trade names are our trademarks and no person may use them without our permission. Any other trademark or trade name that may appear on our marketing material is the property of its respective owner and their relevant restrictions will apply. | |
6.3. | Restrictions |
Except as expressly permitted under the agreement, the website or the application may not be:
• modified or used to make derivative works; • rented, leased, loaned, sold or assigned; • reverse engineered or copied; • reproduced or distributed; or • otherwise tamper with any of the security technology used, for any reason. |
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7. | Limits to our liability |
7.1. | Own risk |
We provide the website or the application “as is”. We do not give any express or implied warranty or make any other promise about this website or the application. For example, we do not warrant that they are of good quality, fit for any particular purpose, accurate, complete, up-to-date, legally effective or secure. We also do not warrant that they are free of latent defects, errors, malicious software or infringing content, or that you will have quiet or uninterrupted use of them.
We do not warrant that the information posted on our website it correct. If you are using our website to post information about your organisation or event this it is your responsibility to ensure that the information is correct and accurate. |
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7.2. | Indemnity |
You indemnify (or promise to protect) us against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys’ fees) related to your use of this website or the application. | |
7.3. | Faults |
It is your responsibility to obtain a device that supports the website or the application. . We will do our best to fix any fault in the website or the application as soon as reasonably practical after we find out about it. This is the limit of our responsibility and liability for any fault in the website or the application. | |
7.4. | Direct damages limited |
If the previous clause does not apply for any reason, our maximum liability to you for all claims for direct damages is R100. This limit applies whether a claim is based on contract, delict (tort) or any other legal cause of action. | |
7.5. | Indirect damages |
We will never be responsible for any indirect or consequential damages or losses, even if we should have foreseen them. These may include any loss of profit, loss of goodwill, loss of use or damages related to lost or damaged data. | |
7.6. | Other websites or applications |
We are not responsible for anyone else’s website or application. | |
8. | General |
8.1. | Entire agreement |
The terms are the entire agreement between the parties on the subject. | |
8.2. | Changes to website or application |
We may change or stop publishing this website or the application without notice and will not be responsible for any consequences. | |
8.3. | Changes to terms |
We may change the terms at any time by placing a notice on this website or the application, or updating this web page or the application.
If you do not agree with the changes, you must stop using this website or the application or the changed terms will apply to you. |
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8.4. | Facts about website or the application |
If an administrator of this website or the application signs a letter confirming any fact related to the website or the application, that letter is conclusive proof of its contents. These may include the version of the terms that apply to any dispute, or what content or functions the website or the application had at a particular time or date. | |
8.5. | Waiver |
We do not ever waive (give up) our rights, even if we allow you any favour or extension of time, or we delay enforcing our rights against you. | |
8.6. | Severability |
Any term that is invalid, illegal, or cannot be enforced must be regarded as deleted. The remaining terms continue as intended. | |
8.7. | Law and jurisdiction |
South African law and conditions (such as time and date) govern the terms. Only the South African courts may decide any dispute about the terms. |
1. | Introduction |
We are SportSpots, a division of WhatSpot (Pty) Ltd (2014/167409/07), the service provider, and you are our customer under these terms. These are the general terms of our relationship with you. They cover any transactions where we provide services to you. An order contains the commercial terms of each specific transaction and incorporates these terms. | |
2. | Agreement |
2.1. | Composition |
The agreement consists of these terms of service and any orders or any other specific terms applicable to the services. | |
2.2. | Definitions |
In the agreement:
business day means any day other than a Saturday, Sunday, or holiday (including a public or bank holiday) in the jurisdiction where we are organised; business hours means our normal business hours on business days; day means a day counted from midnight to midnight, including all days of the month, Saturdays, Sundays, and public holidays; sign means the handwritten signature or an electronic signature that the parties agree to use, of each of the parties’ duly authorised representatives; and writing means the reproduction of information or data in physical form or any mode of reproducing information or data in electronic form that the parties agree to use, but excludes information or data in the form of email. |
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2.3. | Interpretation |
The following rules apply to the interpretation of the agreement:
• reference headings – clause and subclause headings are for reference only and do not affect interpretation; • non-exhaustive lists – whenever a clause lists specific examples or items following a listing word, such as ‘including’, ‘includes’, ‘excluding’, or ‘excludes’, they will not limit its scope; • undefined words or phrases – all words or phrases that the agreement not define have their ordinary English meaning; • enactment references – references to any enactment include it as re-enacted, amended, or extended; • person references – references to a person includes a natural and juristic person; • party references – references to a party includes their successors or permitted assigns; • number of days – when any number of days is prescribed, the first day will be excluded and the last day included; • no interpretation against the draftsman – the rule of construction that an agreement must be interpreted against the party responsible for its drafting or preparation does not apply; and • time calculations – the parties will use GMT +2 to calculate any times. |
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2.4. | Conflict |
If there is a conflict of meaning between these terms and any word or phrase in an order or specific terms, the meaning in the order or specific terms will prevail in respect of the relevant services. | |
3. | Duration |
3.1. | Commencement |
These terms start whenever you accept them by:
• doing so explicitly – such as by checking a checkbox saying that you do or agreeing to an order that incorporates them by reference; • using the services in any way – such as by accessing them; or • exercising any rights granted to you under the agreement; and continue until terminated. |
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3.2. | Automatic renewal |
If an order involves a subscription, the agreement will continue automatically from the end of the initial term or subsequent automatic renewal period for an automatic renewal period equivalent to the initial term. | |
3.3. | Renewal termination |
Either party may terminate the agreement before the end of the initial term or subsequent automatic renewal period by giving the other party at least 30 calendar days prior written notice. | |
4. | Orders |
4.1. | Placing orders |
You place orders with us whenever you order or start using the services through the website or application. These orders are offers to us to buy our services. | |
4.2. | Capacity and authority |
You promise that you have the legal capacity and authority to enter into the agreement. | |
4.3. | Invitation to do business |
Marketing is merely an invitation to do business and we only conclude the agreement when we actually provide the services to you. This happens when we accept your offer. | |
4.4. | Cancellations |
We may cancel any order, but we will refund any money you have paid in relation to that particular order if we do. | |
4.5. | Time and place |
We conclude the agreement when we accept the order and where we are domiciled when we do. | |
4.6. | Separate agreements |
Each order is a separate agreement, but you are deemed to have breached all of them if you breach one of them. | |
5. | Services |
5.1. | Licence |
We grant you a limited licence to use the services for the duration of the agreement. | |
5.2. | Breach |
We may cancel your licence if you breach the agreement. | |
6. | Online services |
6.1. | Trial and fees |
We may let you use the services for free during a trial period. We may charge you a fee to use these services at a later stage. | |
6.2. | Basis |
We provide the online services to you on the following basis:
• we give you a right to use them, but you may only use them according to these terms, anybody else may also use them (the right is non-exclusive), and you may not transfer this right to anyone else; • you give us permission to monitor how you use them for security and stability purposes; • they may incorporate third party software, which may have their own legal terms that you agree to by using them; and • you agree that our records are undisputed evidence of the services provided to you. |
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6.3. | Access conditions |
We will only provide online service access to you or your authorised users (where you are a juristic person) on the conditions that you or each one of them will:
• accurately provide us with any information that we ask for on registration or account creation; • create or have the necessary credentials (such as a username and password) assigned to them on registration or account creation; • look after their credentials and not give them to anyone else; • not interfere with or introduce any malicious software into the online services or otherwise misuse them; • be responsible for any activity that happens under their account, even if someone else was actually acting under their credentials; • have the necessary infrastructure, equipment, and software to access the online services; and • abide by the agreement and any policies that we communicate to them in writing. |
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6.4. | Availability |
We will do our best to make the online services available at all times, however we cannot guarantee that they will always be available. We may make them unavailable for scheduled and emergency maintenance. | |
7. | Your data |
7.1. | Definition |
Your data is any data belonging to you or your customer that:
• you or your customer (or any third party on your behalf) provide to us; or • we generate, process, or supply to you or your customer in providing the services; but excludes any derived data that we create for our own purposes or which is proprietary or confidential to us or our third party contractors. |
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7.2. | Ownership |
You own all your data, but give us a licence to use it to provide the services when you submit it through them. | |
7.3. | Responsibility |
We take the protection of your data very seriously and will always do everything in our power to protect it. However, we are not responsible for any of your data stored on the online services, you provide it to us at your own risk, and you indemnify us against any liability for it to the extent allowed by applicable law, including liability for information security, unauthorised access, and third party claims. | |
7.4. | Location |
Your data will remain wherever we place it initially, unless we have to transfer it to another country to comply with our obligations to you. You consent to us transferring it to our group of companies, associated companies, service providers, or agents who may be located in other countries for the purpose of providing the services. | |
7.5. | Derived data |
Your data does not include any derived data that we create for our own internal purposes. Derived data is any of our own data that we create from your data, such as through aggregation, de-identification, or anonymisation. | |
8. | Intellectual property |
8.1. | Ownership |
We or our third party licensors own all proprietary rights, title and interest in our services and we or they may prosecute you for any violations of those rights. | |
8.2. | Display of names and logos |
When you upload your information onto our website or social media pages you grant us permission to use and display your name, logo, related images, videos, comments or marketing information to your organisation. This permission extends to the use of trademarked names, logos and images. | |
8.3. | Our technology |
Our technology is anything that we have or acquire rights in and may use to perform our obligations under the agreement. | |
8.4. | Retention of rights |
We own all intellectual property rights in our technology and you may not use those rights without our permission. You do not acquire any rights in our technology if we use it in our performance under an order. | |
8.5. | Trademarks |
Our trademarks are our property and you may not use them without our permission. All other trademarks are their respective owners’ property. | |
8.6. | Restrictions |
You may not change, hire out, reverse engineer, or copy the services without our permission. | |
9. | Non-solicitation |
You will not contract with any of our personnel who were involved in implementing or executing an order during its duration or for 12 calendar months after its termination. | |
10. | Fees and payment |
10.1. | Payment |
You will pay us the fees on the due date in the manner agreed between the parties in writing. You may not withhold payment of any amount due to us for any reason. | |
10.2. | Late payments |
Additional charges agreed between the parties in writing apply to any payment we receive after the due date and you must pay them to us on demand. We may stop providing any services until you have paid all amounts due. | |
10.3. | Interest |
Overdue amounts on any outstanding invoice will bear interest for our benefit from its due date until you pay it at whichever rate is higher between:
• 2% above the prime (or prime lending) rate; or • 15%. Interest will be payable on a claim for damages from when the damages were suffered. |
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10.4. | Appropriation |
We may use any money you pay us to settle your indebtedness under the agreement, despite any particular reason you may have paid it to us. | |
10.5. | Certificate |
We may appoint an accountant to sign a certificate that will be proof of the amount due by you and the date on which it is payable. | |
10.6. | Tax |
All fees exclude any tax (unless indicated otherwise), which you will pay where applicable in addition to the fees. | |
10.7. | Payment profile |
We may provide any registered credit bureau with information about your payment of amounts. | |
11. | Our warranties |
11.1. | Service warranties |
We warrant that we will:
• employ enough trained personnel with the knowledge and expertise to provide the services; • use reasonable efforts consistent with prevailing industry standards to maintain the services; and • provide the services in accordance with all applicable laws. |
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11.2. | General warranties |
We warrant further that we:
• have the legal right and authority to perform our obligations under the agreement; and • will not knowingly introduce any malicious software into your systems. |
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12. | Disclaimer of warranties |
12.1. | Disclaimer |
You use the services at your own risk and we disclaim all other warranties to the extent allowed by applicable law. We are not liable for any defect that you cause. | |
12.2. | Exclusion of liability |
Despite our warranties, we are not liable for any defects that your negligence, failure to follow our instructions, or misuse causes. | |
13. | Your warranties |
13.1. | Agreement warranties. |
You warrant that:
• no one has induced you to enter into the agreement by any prior representations, warranties, or guarantees; and • you are not breaching of any other agreement by entering into the agreement. |
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13.2. | Indemnity |
You indemnify us against any claim for damages by any third party resulting from a breach of these warranties, including all legal costs. Legal costs means the costs that a lawyer may recover from their client for their disbursements and professional services if permissible under applicable law. | |
14. | Limitation of liability |
14.1. | Direct damages limited |
We are only liable to you for any direct damages that the services may cause up to the total amount of fees that you have already paid us for them. | |
14.2. | Indirect damages excluded |
We are not liable for any other damages or losses that the services may cause you. | |
14.3. | Your default |
We are not liable for any damage or loss that your breach, misrepresentation, or mistake causes. | |
14.4. | Your event information |
You are responsible for the information that you load onto your website. We are not liable for any mistakes, inaccuracies or missing information about your event or organisation. | |
15. | Breach and termination |
15.1. | Breach |
If either party
• does not fix a breach within seven days of receiving written notice from the other party; • breaches the agreement materially twice or more in six months; • is bankrupt or has some legal disability; • takes steps to or is closed down (such as becoming insolvent or entering sequestration); • makes any settlement or arrangement with their creditors; or • fails to pay a court order against themselves for a significant amount within 21 days; then the other party may: • make the party comply with the agreement; or • immediately cancel the agreement in writing and claim damages from the other party, including fees already due. |
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15.2. | Suspension |
We may immediate suspend your right to use the services if:
• you try to gain unauthorised access to them; • we decide that your use poses a security threat to us or another user; • there is evidence of fraud on your account; or • we believe you are using them for an illegal purpose or in way that infringes a third party’s rights. |
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16. | Termination |
16.1. | Termination for good cause |
We may need to terminate the agreement immediately if:
• we discontinue or stop providing the services; • believe providing the services could burden or pose a risk to us; • have to terminate to comply with a law; or • determine that providing the services has become impractical. If we need to terminate, we will give you as much notice as reasonably possible in writing. |
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16.2. | Termination for convenience |
You may terminate the agreement or a specific order on at least 60 days written notice to us. | |
16.3. | Duties on termination |
We will stop providing the services, you will no longer be able to access them, and we may erase your data on termination, cancellation, or expiry of the agreement. | |
17. | Effect of termination |
17.1. | Acceleration |
All amounts due to us for the services become due and payable on termination, cancellation, or expiry the agreement. | |
17.2. | Assistance |
We may provide you with post termination assistance (such as data retrieval) subject to additional fees and conditions, but are not obliged to. | |
17.3. | No expectation |
The agreement does not create any expectation of continued service, agreement renewal, or any further agreement between the parties. | |
18. | General |
18.1. | Resolving disputes |
Either party may inform the other in writing if there is a dispute. The parties must first try to negotiate to end the dispute, then enter into mediation if negotiation fails, and finally go to arbitration if mediation fails. If they go to arbitration, they will agree in writing on a recognized and appropriate forum for arbitration that is accessible to both parties. | |
18.2. | Notices and domicile |
The parties will send all notices to each others’ email addresses and choose their respective street addresses as their service addresses for all legal documents. Our email and street addresses are available on our website, while you provide your email and street addresses to us when concluding the agreement. The parties may change either address on 14 calendar days written notice to the other. | |
18.3. | Beyond human control |
Neither party is responsible for breach of the agreement caused by circumstances beyond human control, but the other party may cancel the agreement on written notice to the other if the circumstances persist for more than 60 calendar days. | |
18.4. | Assignment |
You may not assign the agreement to anyone. We may assign it to any successor or purchaser of our business or some of our assets. | |
18.5. | Relationship |
The agreement does not create an employment relationship between the parties. | |
18.6. | Entire agreement |
The agreement is the entire agreement between the parties on the subject. | |
18.7. | Changes |
We will notify you of any changes to the agreement by email. Those changes will only apply to future services orders. If you do not agree with the changes, you must stop using the services. If you continue to use the services following notification of a change, the changed terms will apply to you and you will be deemed to have accepted them. | |
18.8. | Waiver |
Any favour we may allow you will not affect any of our rights against you. | |
18.9. | Severability |
Any term that is invalid, unenforceable, or illegal may be removed from the agreement without affecting the rest of it. | |
18.10. | Governing law |
The law of whichever country we have our offices in when we enter into the agreement governs the agreement. | |
18.11. | Jurisdiction |
You consent to the jurisdiction of the lowest possible court for civil disputes in the country in which we were legally registered when we accepted the agreement in respect of any action or proceedings that we may bring against you in connection with the agreement, even if the action or proceedings would otherwise be beyond its jurisdiction without prejudice to our right to institute any action in any other court having jurisdiction. |
1. | Introduction |
We are SportSpots, a division of WhatSpot (Pty) Ltd (2014/167409/07) and this is our plan of action when it comes to protecting your privacy. We respect your privacy and take the protection of personal information very seriously. The purpose of this policy is to describe the way that we collect, store, use, and protect information that can be associated with you or another specific natural or juristic person and can be used to identify you or that person (personal information). | |
2. | Audience |
This policy applies to you if you are:
• a visitor to our website or user of our application; • a customer who has ordered the goods or services that we provide. |
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3. | Personal information |
Personal information includes:
• certain information that we collect automatically when you visit our website or use our application; • certain information collected on registration (see below); • certain information collected on submission; and • optional information that you provide to us voluntarily (see below); but excludes: • information that has been made anonymous so that it does not identify a specific person; • permanently de-identified information that does not relate or cannot be traced back to you specifically; • non-personal statistical information collected and compiled by us; and • information that you have provided voluntarily in an open, public environment or forum including any blog, chat room, community, classifieds, or discussion board (because the information has been disclosed in a public forum, it is no longer confidential and does not constitute personal information subject to protection under this policy). |
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3.1. | Common examples |
Common examples of the types of personal information which we may collect and process include your:
• identifying information – such as your name, date of birth, or identification number of any kind; • contact information – such as your phone number or email address; • address information – such as your physical or postal address; or • demographic information – such as your gender or marital status. |
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3.2. | Sensitive personal information |
Depending on the goods or services that you require, we may also collect sensitive personal information including your:
• financial information – such as your bank account details; • sensitive demographic information – such as your race or ethnicity; • medical information – such as information about your physical or mental health; • sexual information – such as information about your sex life or sexual orientation; • criminal information – such as information about your commission or alleged commission of any offence or about any related legal proceedings; • employment information – including your membership of a trade union; and • beliefs – including your political or religious beliefs. |
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4. | Acceptance |
You must accept all the terms of this policy when you order any of our goods or order, register for, or use the website, application or any of our services. If you do not agree with anything in this policy, then you may not order any of our goods or order, register for, or use the website, application or any of our services. You may not order any of our goods or order, register for, or use the website, application or any of our services if you do not accept this policy. | |
4.1. | Legal capacity |
You may not access our website, application, or order our goods or services if you are younger than 18 years old or do not have legal capacity to conclude legally binding contracts. | |
4.2. | Deemed acceptance |
By accepting this policy, you are deemed to have read, understood, accepted, and agreed to be bound by all of its terms. | |
4.3. | Your obligations |
You may only send us your own personal information or the information of another data subject where you have their permission to do so. | |
5. | Changes |
We may change the terms of this policy at any time by updating this web page. We will notify you of any changes by placing a notice in a prominent place on the website or the application, or by sending you an email detailing the changes that we have made and indicating the date that they were last updated. If you do not agree with the changes, then you must stop using the website, the application and our goods and services. If you continue to use the website, the application or our goods or services following notification of a change to the terms, the changed terms will apply to you and you will be deemed to have accepted those updated terms. | |
6. | Collection |
6.1. | On registration |
Once you register on our website or application, you will no longer be anonymous to us. You will provide us with certain personal information.
This personal information will include: • your name and surname; • your email address; • your telephone number; • your company name, company registration number, and VAT number; • your postal address or street address; and • your username and password. We will use this personal information to fulfil your account, provide additional services and information to you as we reasonably think appropriate, and for any other purposes set out in this policy. |
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6.2. | On order |
When you order any goods or services from us, you will be asked to provide us with additional information on a voluntary basis (goods information or services information). | |
6.3. | From browser |
We automatically receive and record Internet usage information on our server logs from your browser, such as your Internet Protocol address (IP address), browsing habits, click patterns, version of software installed, system type, screen resolutions, colour capabilities, plug-ins, language settings, cookie preferences, search engine keywords, JavaScript enablement, the content and pages that you access on the website, and the dates and times that you visit the website, paths taken, and time spent on sites and pages within the website (usage information). Please note that other websites visited before entering our website might place personal information within your URL during a visit to it, and we have no control over such websites. Accordingly, a subsequent website that collects URL information may log some personal information. | |
6.4. | Cookies |
We may place small text files called ‘cookies’ on your device when you visit our website or use our application. These files do not contain personal information, but they do contain a personal identifier allowing us to associate your personal information with a certain device. These files serve a number of useful purposes for you, including:
• granting you access to age restricted content; • tailoring our website’s functionality to you personally by letting us remember your preferences; • improving how our website performs; • allowing third parties to provide services to our website; and • helping us deliver targeted advertising where appropriate in compliance with the applicable laws. Your internet browser generally accepts cookies automatically, but you can often change this setting to stop accepting them. You can also delete cookies manually. However, no longer accepting cookies or deleting them will prevent you from accessing certain aspects of our website where cookies are necessary. Many websites use cookies and you can find out more about them at www.allaboutcookies.org. |
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6.5. | Third party cookies |
Some of our business partners use their own cookies or widgets on our website. We have no access to or control over them. Information collected by any of those cookies or widgets is governed by the privacy policy of the company that created it, and not by us. | |
6.6. | Web beacons |
Our website may contain electronic image requests (called a single-pixel gif or web beacon request) that allow us to count page views and to access cookies. Any electronic image viewed as part of a web page (including an ad banner) can act as a web beacon. Our web beacons do not collect, gather, monitor or share any of your personal information. We merely use them to compile anonymous information about our website. | |
6.7. | Optional details |
You may also provide additional information to us on a voluntary basis (optional information). This includes content or products that you decide to upload or download from our website or application or when you enter competitions, take advantage or promotions, respond to surveys, order certain additional goods or services, or otherwise use the optional features and functionality of our website or application. | |
6.8. | Recording calls |
We may monitor and record any telephone calls that you make to us, unless you specifically request us not to. | |
6.9. | Purpose for collection |
We may use or process any goods information, services information, or optional information that you provide to us for the purposes that you indicated when you agreed to provide it to us. Processing includes gathering your personal information, disclosing it, and combining it with other personal information. We generally collect and process your personal information for various purposes, including:
• goods purposes – such as collecting orders for, supplying, and supporting our goods; • services purposes – such as providing our services; • marketing purposes – such as pursuing lawful related marketing activities; • business purposes – such as internal audit, accounting, business planning, and joint ventures, disposals of business, or other proposed and actual transactions; and • legal purposes – such as handling claims, complying with regulations, or pursuing good governance. We may use your usage information for the purposes described above and to: • remember your information so that you will not have to re-enter it during your visit or the next time you access the website or the application; • monitor website usage metrics such as total number of visitors and pages accessed; and • track your entries, submissions, and status in any promotions or other activities in connection with your usage of the website or the application |
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6.10. | Consent to collection |
We will obtain your consent to collect personal information:
• in accordance with applicable law; • when you provide us with any registration information or optional information. |
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7. | Use |
7.1. | Our obligations |
We may use your personal information to fulfil our obligations to you. | |
7.2. | Messages and updates |
We may wish to provide you with information about new goods or services in which we think you may be interested. This means that in some cases, we may also send you primarily promotional messages. We will not send you promotional messages unless you have chosen to opt-in to them. But, we may send you one message asking you to opt-into promotional messages without you having opted-into promotional messages. You will also be provided with an opt-out option for promotional material. | |
7.3. | Targeted content |
While you are logged into the website or application, we may display targeted adverts and other relevant information based on your personal information. In a completely automated process, computers process the personal information and match it to adverts or related information. We never share personal information with any advertiser, unless you specifically provide us with your consent to do so. Advertisers receive a record of the total number of impressions and clicks for each advert. They do not receive any personal information. If you click on an advert, we may send a referring URL to the advertiser’s website identifying that a customer is visiting from the website. We do not send personal information to advertisers with the referring URL. Once you are on the advertiser’s website however, the advertiser is able to collect your personal information. | |
8. | Disclosure |
8.1. | Sharing |
We may share your personal information with:
• other divisions or companies within the group of companies to which we belong so as to provide joint content and services like registration, for transactions and customer support, to help detect and prevent potentially illegal acts and violations of our policies, and to guide decisions about our products, services, and communications (they will only use this information to send you marketing communications if you have requested their goods or services); • an affiliate, in which case we will seek to require the affiliates to honour this privacy policy; • our goods suppliers or service providers under contract who help supply certain goods or help with parts of our business operations, including fraud prevention, bill collection, marketing, technology services (our contracts dictate that these goods suppliers or service providers only use your information in connection with the goods they supply or services they perform for us and not for their own benefit); • credit bureaus to report account information, as permitted by law; • banking partners as required by credit card association rules for inclusion on their list of terminated merchants (in the event that you utilise the services to receive payments and you meet their criteria); and • other third parties who provide us with relevant services where appropriate. |
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8.2. | Regulators |
We may disclose your personal information as required by law or governmental audit. | |
8.3. | Law enforcement |
We may disclose personal information if required:
• by a subpoena or court order; • to comply with any law; • to protect the safety of any individual or the general public; and • to prevent violation of our customer relationship terms. |
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8.4. | No selling |
We will not sell personal information. No personal information will be disclosed to anyone except as provided in this privacy policy. | |
8.5. | Marketing purposes |
We may disclose aggregate statistics (information about the customer population in general terms) about the personal information to advertisers or business partners. | |
8.6. | Employees |
We may need to disclose personal information to our employees that require the personal information to do their jobs. These include our responsible management, human resources, accounting, audit, compliance, information technology, or other personnel. | |
8.7. | Change of ownership |
If we undergo a change in ownership, or a merger with, acquisition by, or sale of assets to, another entity, we may assign our rights to the personal information we process to a successor, purchaser, or separate entity. We will disclose the transfer on the website. If you are concerned about your personal information migrating to a new owner, you may request us to delete your personal information. | |
9. | Security |
We take the security of personal information very seriously and always do our best to comply with applicable data protection laws. Our hosting company will host our website in a secure server environment that uses a firewall and other advanced security measures to prevent interference or access from outside intruders. We authorize access to personal information only for those employees who require it to fulfil their job responsibilities. We implement disaster recover procedures where appropriate. | |
10. | Accurate and up to date |
We will try to keep the personal information we collect as accurate, complete and up to date as is necessary for the purposes defined in this policy. From time to time we may request you to update your personal information on the website. You are able to review or update any personal information that we hold on you by accessing your account online, emailing us, or phoning us. Please note that in order to better protect you and safeguard your personal information, we take steps to verify your identity before granting you access to your account or making any corrections to your personal information. | |
11. | Retention |
We will only retain your personal information for as long as it is necessary to fulfil the purposes explicitly set out in this policy, unless:
• retention of the record is required or authorised by law; or • you have consented to the retention of the record. During the period of retention, we will continue to abide by our non-disclosure obligations and will not share or sell your personal information. We may retain your personal information in physical or electronic records at our discretion. |
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12. | Transfer to another country |
We may transmit or transfer personal information outside of the country in which it was collected to a foreign country and process it in that country. Personal information may be stored on servers located outside the country in which it was collected in a foreign country whose laws protecting personal information may not be as stringent as the laws in the country in which it was collected. You consent to us processing your personal information in a foreign country whose laws regarding processing of personal information may be less stringent. | |
13. | Updating or removing |
You may choose to correct or update the personal information you have submitted to us., by clicking the relevant menu in any of the pages on our website or the application or contacting us by phone or email. | |
14. | Limitation |
We are not responsible for, give no warranties, nor make any representations in respect of the privacy policies or practices of linked or any third party websites. | |
15. | Enquiries |
If you have any questions or concerns arising from this privacy policy or the way in which we handle personal information, please contact us at the following email address info@whatspot.co.za. |
Introduction | |
We are SportSpots, a division of WhatSpot (Pty) Ltd (2014/167409/07). There is no such thing as ‘perfect security’. We have to create a balance between increased levels of security and making transacting with us convenient to you. | |
Our security responsibilities | |
We will ensure that:
• We host our website in a secure server environment that uses a firewall and other advanced security measures to prevent interference or access from outside intruders. • The information you give to us that is stored on or passes through our systems is protected. Encryption is used to protect the personal information you give us where it is appropriate. • The links from our systems to systems under the control of third parties (for example our payment gateway) are secure. • We perform regular backups of data to ensure it can be recovered in the case of a disaster. • We log all access to our system. If any unauthorised behaviour should occur, this will assist us in identifying and resolving the issue. • We take reasonable steps to secure your payment information and use a payment system that is sufficiently secure with reference to accepted technological standards at the time of the transaction and the type of the transaction concerned. |
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Our security disclaimers | |
Please note the following:
• The third parties whose systems we link to are responsible for the security of information while it is collected by, stored on, or passing through the systems under their control. • We will use all reasonable endeavours to ensure that our website and your information is not compromised. However, we cannot guarantee that no harmful code will enter our website (for example viruses, bugs, Trojan horses, spyware or adware). You should be aware of the risks associated with using websites (addressed below). • If you experience a problem or loss that is caused by: (i) information you provided to us; (ii) your computer being compromised in some way; (iii) or by something beyond our control. We cannot take responsibility for causing the problem. We will, however, do our best to help you if we can. |
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Your security responsibilities | |
Recommended steps | |
You should:
• Install and activate appropriate security software on your computer. This should include anti-virus, anti-spyware and anti-spam software. • Run regular scans of your computer for viruses. • Update your security software to ensure you are always running the current version. |
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Additional steps | |
Other steps you should take to help protect your computer include:
• Check your Internet browser’s security settings for ways to make your browsing more secure. • Make sure that you have entered secure pages when filling in your sensitive personal information. Look for a small yellow lock commonly seen at the bottom right of your browser and http changes to https on the address bar. • Log out after you have transacted electronically. |
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Protecting your password | |
You should:
• Never share your password with anyone. • Never send your password via email. • Make your password as strong as possible. |
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Credit card information | |
Safe and secure | |
Transacting with us electronically (including transacting and using your credit card on our website) is safe and secure. It is much the same as transacting in person face-to-face. | |
Payment processing | |
We do not get involved in any credit card transactions directly. All credit card transactions are handled or acquired for us via our payment gateway who are the approved payment gateway for our bankers. No credit card details are stored on our website. Our payment gateway uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3). You may go to their website to view their security certificate and security policy. | |
Payment verification | |
A Certificate Authority (or CA) checks, verifies, and certifies our service provider’s company registration documents and domains to ensure that nobody can impersonate them to obtain your payment Information. | |
Secure URL | |
Once you begin the checkout process you will notice that the site URL will change from “http” to" https" and a small padlock will appear at the bottom of your screen. This is indicative of a secure Internet transaction. | |
Verification programs | |
We do not currently support the Verified by Visa program or the MasterCard SecureCode. You can still use your Visa or MasterCard credit card as payment for an order, but we will not ask you to enter your Verified by Visa password or MasterCard SecureCode. | |
Phishing | |
Secure URL | |
You must only log in to your account from a page that contains our ordinary domain name in the URL. | |
No confirmation through links | |
We will never ask you to confirm your username and password or other sensitive information by clicking on any links in an email other than the email link we send you at registration to verify your email address. Be aware of “phishing” attacks where criminals attempt to obtain your sensitive information by sending you an email, masquerading as an email from us, asking you to access your account or verify information via links in the email, or diverting you to a fake version of our website. Please report any suspected phishing attacks to us immediately to prevent any harm to you or other users. | |
Contact us | |
Please report any suspicious or unauthorised activity relating to your use of our website to us directly, because it will help make our website as secure as we can. | |
Our right to take action | |
We reserve the right to take whatever action we may deem necessary at any time to preserve the security and reliable operation of our system. You undertake not do (or permit anything to be done) that may compromise the system under our control. |
1. | Introduction |
We are SportSpots, a division of WhatSpot (Pty) Ltd (2014/167409/07) and this is our plan of action when it comes to protecting your privacy. We respect your privacy and take the protection of personal information very seriously. The purpose of this policy is to describe the way that we collect, store, use, and protect information that can be associated with you or another specific natural or juristic person and can be used to identify you or that person (personal information). | |
2. | Audience |
This policy applies to you if you are:
• a visitor to our website or user of our application; • a customer who has ordered the goods or services that we provide. |
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3. | Personal information |
Personal information includes:
• certain information that we collect automatically when you visit our website or use our application; • certain information collected on registration (see below); • certain information collected on submission; and • optional information that you provide to us voluntarily (see below); but excludes: • information that has been made anonymous so that it does not identify a specific person; • permanently de-identified information that does not relate or cannot be traced back to you specifically; • non-personal statistical information collected and compiled by us; and • information that you have provided voluntarily in an open, public environment or forum including any blog, chat room, community, classifieds, or discussion board (because the information has been disclosed in a public forum, it is no longer confidential and does not constitute personal information subject to protection under this policy). |
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3.1. | Common examples |
Common examples of the types of personal information which we may collect and process include your:
• identifying information – such as your name, date of birth, or identification number of any kind; • contact information – such as your phone number or email address; • address information – such as your physical or postal address; or • demographic information – such as your gender or marital status. |
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3.2. | Sensitive personal information |
Depending on the goods or services that you require, we may also collect sensitive personal information including your:
• financial information – such as your bank account details; • sensitive demographic information – such as your race or ethnicity; • medical information – such as information about your physical or mental health; • sexual information – such as information about your sex life or sexual orientation; • criminal information – such as information about your commission or alleged commission of any offence or about any related legal proceedings; • employment information – including your membership of a trade union; and • beliefs – including your political or religious beliefs. |
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4. | Acceptance |
You must accept all the terms of this policy when you order any of our goods or order, register for, or use the website, application or any of our services. If you do not agree with anything in this policy, then you may not order any of our goods or order, register for, or use the website, application or any of our services. You may not order any of our goods or order, register for, or use the website, application or any of our services if you do not accept this policy. | |
4.1. | Legal capacity |
You may not access our website, application, or order our goods or services if you are younger than 18 years old or do not have legal capacity to conclude legally binding contracts. | |
4.2. | Deemed acceptance |
By accepting this policy, you are deemed to have read, understood, accepted, and agreed to be bound by all of its terms. | |
4.3. | Your obligations |
You may only send us your own personal information or the information of another data subject where you have their permission to do so. | |
5. | Changes |
We may change the terms of this policy at any time by updating this web page. We will notify you of any changes by placing a notice in a prominent place on the website or the application, or by sending you an email detailing the changes that we have made and indicating the date that they were last updated. If you do not agree with the changes, then you must stop using the website, the application and our goods and services. If you continue to use the website, the application or our goods or services following notification of a change to the terms, the changed terms will apply to you and you will be deemed to have accepted those updated terms. | |
6. | Collection |
6.1. | On registration |
Once you register on our website or application, you will no longer be anonymous to us. You will provide us with certain personal information.
This personal information will include: • your name and surname; • your email address; • your telephone number; • your company name, company registration number, and VAT number; • your postal address or street address; and • your username and password. We will use this personal information to fulfil your account, provide additional services and information to you as we reasonably think appropriate, and for any other purposes set out in this policy. |
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6.2. | On order |
When you order any goods or services from us, you will be asked to provide us with additional information on a voluntary basis (goods information or services information). | |
6.3. | From browser |
We automatically receive and record Internet usage information on our server logs from your browser, such as your Internet Protocol address (IP address), browsing habits, click patterns, version of software installed, system type, screen resolutions, colour capabilities, plug-ins, language settings, cookie preferences, search engine keywords, JavaScript enablement, the content and pages that you access on the website, and the dates and times that you visit the website, paths taken, and time spent on sites and pages within the website (usage information). Please note that other websites visited before entering our website might place personal information within your URL during a visit to it, and we have no control over such websites. Accordingly, a subsequent website that collects URL information may log some personal information. | |
6.4. | Cookies |
We may place small text files called ‘cookies’ on your device when you visit our website or use our application. These files do not contain personal information, but they do contain a personal identifier allowing us to associate your personal information with a certain device. These files serve a number of useful purposes for you, including:
• granting you access to age restricted content; • tailoring our website’s functionality to you personally by letting us remember your preferences; • improving how our website performs; • allowing third parties to provide services to our website; and • helping us deliver targeted advertising where appropriate in compliance with the applicable laws. Your internet browser generally accepts cookies automatically, but you can often change this setting to stop accepting them. You can also delete cookies manually. However, no longer accepting cookies or deleting them will prevent you from accessing certain aspects of our website where cookies are necessary. Many websites use cookies and you can find out more about them at www.allaboutcookies.org. |
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6.5. | Third party cookies |
Some of our business partners use their own cookies or widgets on our website. We have no access to or control over them. Information collected by any of those cookies or widgets is governed by the privacy policy of the company that created it, and not by us. | |
6.6. | Web beacons |
Our website may contain electronic image requests (called a single-pixel gif or web beacon request) that allow us to count page views and to access cookies. Any electronic image viewed as part of a web page (including an ad banner) can act as a web beacon. Our web beacons do not collect, gather, monitor or share any of your personal information. We merely use them to compile anonymous information about our website. | |
6.7. | Optional details |
You may also provide additional information to us on a voluntary basis (optional information). This includes content or products that you decide to upload or download from our website or application or when you enter competitions, take advantage or promotions, respond to surveys, order certain additional goods or services, or otherwise use the optional features and functionality of our website or application. | |
6.8. | Recording calls |
We may monitor and record any telephone calls that you make to us, unless you specifically request us not to. | |
6.9. | Purpose for collection |
We may use or process any goods information, services information, or optional information that you provide to us for the purposes that you indicated when you agreed to provide it to us. Processing includes gathering your personal information, disclosing it, and combining it with other personal information. We generally collect and process your personal information for various purposes, including:
• goods purposes – such as collecting orders for, supplying, and supporting our goods; • services purposes – such as providing our services; • marketing purposes – such as pursuing lawful related marketing activities; • business purposes – such as internal audit, accounting, business planning, and joint ventures, disposals of business, or other proposed and actual transactions; and • legal purposes – such as handling claims, complying with regulations, or pursuing good governance. We may use your usage information for the purposes described above and to: • remember your information so that you will not have to re-enter it during your visit or the next time you access the website or the application; • monitor website usage metrics such as total number of visitors and pages accessed; and • track your entries, submissions, and status in any promotions or other activities in connection with your usage of the website or the application |
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6.10. | Consent to collection |
We will obtain your consent to collect personal information:
• in accordance with applicable law; • when you provide us with any registration information or optional information. |
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7. | Use |
7.1. | Our obligations |
We may use your personal information to fulfil our obligations to you. | |
7.2. | Messages and updates |
We may wish to provide you with information about new goods or services in which we think you may be interested. This means that in some cases, we may also send you primarily promotional messages. We will not send you promotional messages unless you have chosen to opt-in to them. But, we may send you one message asking you to opt-into promotional messages without you having opted-into promotional messages. You will also be provided with an opt-out option for promotional material. | |
7.3. | Targeted content |
While you are logged into the website or application, we may display targeted adverts and other relevant information based on your personal information. In a completely automated process, computers process the personal information and match it to adverts or related information. We never share personal information with any advertiser, unless you specifically provide us with your consent to do so. Advertisers receive a record of the total number of impressions and clicks for each advert. They do not receive any personal information. If you click on an advert, we may send a referring URL to the advertiser’s website identifying that a customer is visiting from the website. We do not send personal information to advertisers with the referring URL. Once you are on the advertiser’s website however, the advertiser is able to collect your personal information. | |
8. | Disclosure |
8.1. | Sharing |
We may share your personal information with:
• other divisions or companies within the group of companies to which we belong so as to provide joint content and services like registration, for transactions and customer support, to help detect and prevent potentially illegal acts and violations of our policies, and to guide decisions about our products, services, and communications (they will only use this information to send you marketing communications if you have requested their goods or services); • an affiliate, in which case we will seek to require the affiliates to honour this privacy policy; • our goods suppliers or service providers under contract who help supply certain goods or help with parts of our business operations, including fraud prevention, bill collection, marketing, technology services (our contracts dictate that these goods suppliers or service providers only use your information in connection with the goods they supply or services they perform for us and not for their own benefit); • credit bureaus to report account information, as permitted by law; • banking partners as required by credit card association rules for inclusion on their list of terminated merchants (in the event that you utilise the services to receive payments and you meet their criteria); and • other third parties who provide us with relevant services where appropriate. |
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8.2. | Regulators |
We may disclose your personal information as required by law or governmental audit. | |
8.3. | Law enforcement |
We may disclose personal information if required:
• by a subpoena or court order; • to comply with any law; • to protect the safety of any individual or the general public; and • to prevent violation of our customer relationship terms. |
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8.4. | No selling |
We will not sell personal information. No personal information will be disclosed to anyone except as provided in this privacy policy. | |
8.5. | Marketing purposes |
We may disclose aggregate statistics (information about the customer population in general terms) about the personal information to advertisers or business partners. | |
8.6. | Employees |
We may need to disclose personal information to our employees that require the personal information to do their jobs. These include our responsible management, human resources, accounting, audit, compliance, information technology, or other personnel. | |
8.7. | Change of ownership |
If we undergo a change in ownership, or a merger with, acquisition by, or sale of assets to, another entity, we may assign our rights to the personal information we process to a successor, purchaser, or separate entity. We will disclose the transfer on the website. If you are concerned about your personal information migrating to a new owner, you may request us to delete your personal information. | |
9. | Security |
We take the security of personal information very seriously and always do our best to comply with applicable data protection laws. Our hosting company will host our website in a secure server environment that uses a firewall and other advanced security measures to prevent interference or access from outside intruders. We authorize access to personal information only for those employees who require it to fulfil their job responsibilities. We implement disaster recover procedures where appropriate. | |
10. | Accurate and up to date |
We will try to keep the personal information we collect as accurate, complete and up to date as is necessary for the purposes defined in this policy. From time to time we may request you to update your personal information on the website. You are able to review or update any personal information that we hold on you by accessing your account online, emailing us, or phoning us. Please note that in order to better protect you and safeguard your personal information, we take steps to verify your identity before granting you access to your account or making any corrections to your personal information. | |
11. | Retention |
We will only retain your personal information for as long as it is necessary to fulfil the purposes explicitly set out in this policy, unless:
• retention of the record is required or authorised by law; or • you have consented to the retention of the record. During the period of retention, we will continue to abide by our non-disclosure obligations and will not share or sell your personal information. We may retain your personal information in physical or electronic records at our discretion. |
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12. | Transfer to another country |
We may transmit or transfer personal information outside of the country in which it was collected to a foreign country and process it in that country. Personal information may be stored on servers located outside the country in which it was collected in a foreign country whose laws protecting personal information may not be as stringent as the laws in the country in which it was collected. You consent to us processing your personal information in a foreign country whose laws regarding processing of personal information may be less stringent. | |
13. | Updating or removing |
You may choose to correct or update the personal information you have submitted to us., by clicking the relevant menu in any of the pages on our website or the application or contacting us by phone or email. | |
14. | Limitation |
We are not responsible for, give no warranties, nor make any representations in respect of the privacy policies or practices of linked or any third party websites. | |
15. | Enquiries |
If you have any questions or concerns arising from this privacy policy or the way in which we handle personal information, please contact us at the following email address info@whatspot.co.za. |