1.1 For the purposes of this section, Personal Information will be understood in accordance with the definition provided in the Protection of Personal Information Act 4 of 2013 (“the Act”) and in accordance with the definition of Personal Data in Article 4(1) of the General Data Protection Regulation GDPR (EU) 2016/679. We also subscribe to the principles for electronically collecting personal information outlined in the Act, and the further legislation referred to therein. We endeavour to ensure the quality, accuracy and confidentiality of Personal Information in our possession.
1.3 In utilising our website, using our services or otherwise if your information is submitted to us through a lead generation services, users may be asked to provide the following information (Personal Information):
1.3.1 First Name
1.3.4 Physical Address
1.3.5 Phone Number
1.3.6 Company/CC/Business Name
1.5 We will not collect, use or disclose sensitive information (such as information about racial or ethnic origins or political or religious beliefs, where relevant) except with your specific consent or in the circumstances permitted by law.
1.6.1 The provision and performance of our services to you
1.6.2 Informing you of changes made to our website
1.6.3 The provision of marketing related services to you by us
1.6.4 Responding to any queries or requests you may have
1.6.5 Developing a more direct and substantial relationship with users
1.6.6 Developing an online user profile
1.6.7 Understanding general user trends and patterns
1.6.8 For security, administrative and legal purposes
1.6.9 The creation and development of market data profiles
1.7 Although absolute security cannot be guaranteed on the internet, we have in place up-to-date, reasonable technical and organisational security measures to protect your Personal Information against accidental or intentional manipulation, loss, misuse, destruction or against unauthorised disclosure or access to the information we process online.
1.8 While we cannot ensure or warrant the security of any Personal Information you provide us, we will continue to maintain and improve these security measures over time in line with legal and technological developments.
1.9 We store your Personal Information directly, or alternatively, store your Personal Information on, and transfer your Personal Information to, a central database. If the location of the central database is located in a country that does not have substantially similar laws which provide for the protection of Personal Information, we will take the necessary steps to ensure that your Personal Information is adequately protected in that jurisdiction by means of ensuring that standard data protection clauses are enforced as envisaged by the GDPR.
1.11 The Personal Information we collect from users shall only be accessed by our employees, representatives and consultants on a need-to-know basis, and subject to reasonable confidentiality obligations binding such persons.
1.12 We shall have the right, but shall not be obliged, to monitor or examine any information and materials including any website link that you publish or submit to us for publishing on the Site. You shall be solely responsible for the contents of all material published by yourself.
1.14 We will not sell, share, or rent your Personal Information to any third party or use your e-mail address for unsolicited mail. Any emails sent by us will only be in connection with the provision of our services and/or the marketing thereof.
Clause 2 Your Rights
2.1 A user has the right:
2.1.1 of access to their Personal Information stored and processed by us. This may be done by emailing us at the address referred to in clause 7.5.3 below;
2.1.2 to rectification of Personal Information that we hold on a user’s behalf, in instances where such Personal Information is incorrect or incomplete;
2.1.3 of erasure of Personal Information (“right to be forgotten”) if such information is no longer needed for the original processing purpose, alternatively if a user withdraws their consent and there is no other reason or justification to retain such Personal Information, further alternatively, if a user has objected to such Personal Information being processed and there is no justified reason for the processing of such Personal Information;
2.1.4 to restrict/suspend processing of Personal Information to only that which is strictly necessary for us to perform our services to you;
2.1.6 to withdraw their consent at any time, if processing of Personal Information is based on consent;
2.1.7 to object to processing of Personal Information, if such processing is based on legitimate interests; and
2.1.8 to object to the processing of Personal Information for direct marketing purposes.
Clause 3 Disclosure of Personal Information
3.1 We may disclose your Personal Information to the following persons for the purposes of our rendering our services to you, and for those reasons recorded in clause 1.6 above:
3.1.2 Affiliated Companies
3.2 If our services are provided in conjunction with, or by involvement of third parties, such third parties may need to have your Personal Information in order to fulfil your request.
Clause 4 Log Files
4.1 When you visit the website, even if you do not create an account, we may collect information, such as your IP address, the name of your ISP (Internet Service Provider), your browser, the website from which you visit us, the pages on our website that you visit and in what sequence, the date and length of your visit, and other information concerning your computer’s operating system, language settings, and broad demographic information. This information is aggregated and anonymous data and does not identify you specifically. However, you acknowledge that this data may be able to be used to identify you if it is aggregated with other Personal Information that you supply to us. This information is not shared with third parties and is used only within the company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above, without your explicit permission.
Clause 5 Cookies
5.1.1 “Session cookies”: These are used to maintain a so-called ‘session state’ and only lasts for the duration of your use of the Website. A session cookie expires when you close your browser, or if you have not visited the server for a certain period of time. Session cookies are required for the Platform to function optimally, but are not used in any way to identify you personally.
5.1.2 “Permanent cookies”: These cookies permanently store a unique code on your computer or smart device hard drive in order to identify you as an individual user. No Personal Information is stored in permanent cookies. You can view permanent cookies by looking in the cookies directory of your browser installation. These permanent cookies are not required for the website to work, but may enhance your browsing experience.
Clause 6 Collection of Data
6.1 Our site uses technologies of third-party partners to help us recognize your device and understand how you use our site so that we can improve our services to reflect your interests and serve you advertisements about the products that are likely to be of more interest to you. Specifically, these partners collect information about your activity on our site to enable us to:
6.1.1 measure and analyze traffic and browsing activity on our site(s);
6.1.2 show advertisements for our products and/or services to you on third-party sites;
6.1.3 measure and analyze the performance of our advertising campaigns;
6.2 We may share data, such as hashed email derived from emails or other online identifiers collected on our site with our advertising partners. This allows our partners to recognize and deliver you ads across devices and browsers.
Clause 7 Links from the website
7.1 The services available through the Website, may contain links to other third party websites, including (without limitation) social media platforms, payment gateways, appointment scheduling and/or live chat platforms (“Third Party Websites”). If you select a link to any Third Party Website, you may be subject to such Third Party Website’s terms and conditions and/or other policies, which are not under our control, nor are we responsible therefore.
7.2 Hyperlinks to Third Party Websites are provided “as is”, and we do not necessarily agree with, edit or sponsor the content on Third Party Websites.
7.3 We do not monitor or review the content of any Third Party Website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of other websites, either.
7.4 Users should evaluate the security and trustworthiness of any Third Party Website before disclosing any personal information to them. We do not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Clause 8 Application Of The Electronic Communications And Transactions Act 25 Of 2002 (“ECT Act”)
8.1 Data Messages (as defined in the ECT Act) will be deemed to have been received by us if and when we respond to the Data Messages.
8.2 Data Messages sent by us to a user will be deemed to have been received by such user in terms of the provisions specified in section 23(b) of the ECT Act.
8.3 Users acknowledge that electronic signatures, encryption and/or authentication are not required for valid electronic communications between us and users.
8.4 Information to be provided in terms of section 43(1) of the ECT Act:
8.4.1 Users warrant that Data Messages sent to us from any electronic device, used by such user, from time to time or owned by such user, were sent and or authorised by such user, personally.
8.4.2 This Website is owned and operated by Perform! Marketing Solutions & Bianca Lee Coleman.
8.5 Address for service of legal documents: 33 Maynard Close, Pinelands, Cape Town, 7405 Western Cape, South Africa.
8.5.1 Contact Number: +27832299550.
8.5.2 Website – located at https://www.eatplaydrink.capetown
8.5.3 Email address: [email protected]
Clause 9 Lodging of Complaints