HAZYVIEW JUNCTION

WEBSITE TERMS AND CONDITIONS OF USE

INTRODUCTION

Website Terms and Conditions of Use Relating to the website provided by the Hazyview Junction Consortium (“the Provider”), which website is located at the following URL https://www.hazyviewjunction.co.za/   (“the Website”). The Provider is a collective group of private companies, which group constitutes a property investment and management enterprise which owns and manages Hazyview Junction and these Terms and Conditions (“the Terms and Conditions”) govern your (“the User”) use of the Provider’s Website and the Services associated therewith. By accessing and using, and in particular indicating your acceptance of the terms by clicking on the “I accept these terms” button as provided for on the Website at various engagements, the User agrees to be bound by the Terms and Conditions set out in this document. The content of this Website is proprietary to the Provider and / or oth PRIVACY POLICY

DEFINITIONS

In this Policy (as defined below), unless the context requires otherwise, the following capitalised terms shall have the meanings given to them —

“Hazyview Junction” means the retail shopping centre development owned by the Hazyview Junction Consortium;

"Hazyview Junction Consortium" means any company forming part of consortium of co-owners who own Hazyview Junction;

"Active Processing" means instances where Hazyview Junction has directly been provided with the Personal Information of Data Subjects, such as when Data Subjects submit an enquiry in respect of its Services, or when Data Subjects provide Personal Information to Hazyview Junction pursuant to concluding any commercial agreement(s) with Hazyview Junction;

"Inactive Processing" means instances where Hazyview Junction has not actively been provided with the Personal Information of Data Subjects, such as when Hazyview Junction deploys Passive Processing Means to collect information from Data Subjects. These Passive Processing Means allow Hazyview Junction to Process certain kinds of Non-personally Identifiable Information which can perhaps not be linked to Data Subjects;

"Anonymisation" means the Processing of Personal Information in such a manner that the Personal Information can no longer be attributed to Data Subjects without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the Personal Information are not attributed to Data Subjects;

"Applicable Laws" means any laws applicable to the processing of and protection of rights associated with Personal Information and includes any statute, regulation, notice, policy, directive, ruling or subordinate legislation; the common law; any binding court order, judgement or ruling; any applicable industry code, policy or standard enforceable by law; or any applicable direction, policy or order that is given by any regulator, competent authority or organ of state or statutory industry body;

"Biometrics" means a technique of personal identification that is based on physical, physiological or behavioural characterisation including blood typing, fingerprinting, DNA analysis, retinal scanning and voice recognition;

"Competent Person" means anyone who is legally competent to consent to any action or decision being taken by any matter concerning a child, for example a parent or legal guardian;

"Consent" means any voluntary, specific and informed expression of will in terms of which permission is given for the Processing of Personal Information;

"Cookies" means small text files that store Non-personally Identifiable Information/Data about Data Subjects, either temporarily in connection with a Data Subjects Internet Protocol (IP) address (known as a temporary or session cookie and deleted once a Data Subject closes their browser window) or more permanently on the hard drive of a Data Subject’s device (known as a permanent or persistent cookie). Hazyview Junction’s Website(s) or Mobile Application(s) may from time to time use session cookies so that Data Subject’s do not have to fill in the same information from page to page within our Website(s) or Mobile Application(s). If Data Subject’s elect not to receive cookies, they may be able to view some, but not all, of the content on our Website(s) or Mobile Application(s);

"Tenant(s)" means any natural person(s), or juristic person(s), who have concluded an agreement with Hazyview Junction Consortium in terms of which such Client procures the Products or Services provided by Hazyview Junction ;

"Data Subject" means Hazyview Junction’s Tenant(s) or any Third Party in respect of whom Hazyview Junction Processes Personal Information;

"Data Processing Infrastructure" means any and all systems, networks, servers, workstations, laptops, mobile devices, web applications, mobile applications, cloud storages, websites owned, controlled or operated by Hazyview Junction;

"Embedded Scripts" means, programming code that is designed to collect information about a Data Subject’s interactions with the relevant Website(s) or Mobile Application(s). It is temporarily downloaded onto a Data Subject’s device from our web server or a Third-Party Operator. This program is active only while a Data Subject is connected to the relevant Website(s) or Mobile Application(s) and is deleted or deactivated thereafter;

"Electronic Means" means, in relation to the Processing of any Personal Information, the use of any Website(s), Mobile Application(s), electronic mail (email), text, voice, sound or image messages by Hazyview Junction;

"Non-Electronic Means" means, in relation to the Processing of any Personal Information, the use of traditional means of Processing, such as hard copy documents, traditional filing systems deployed for the storage and retention of Personal Information and face-to-face personal engagements with Data Subjects;

"Mobile Application(s)" means any multi-device software application, whether in web-based format or device-native format, to which this Privacy Policy relates and through which Tenant(s) and Third Parties gain access to Hazyview Junction’s Products and/or Services;

"Mobile Device Identifier" means device information if you access our Website(s) or Mobile Application(s) through mobile devices. Certain features of the relevant Website(s) or Mobile Application(s) may require collection of mobile phone numbers and we may associate that phone number with the mobile device identifiers. Additionally, some mobile phone service providers operate systems that pinpoint the physical location of devices that use their service. Depending on the provider, Hazyview Junction and/or our Third-Party Operators may receive this information. If Hazyview Junction associates any such passively collected information with the Personal Information of Data Subjects, we will treat the combined information as Personal Information as contemplated in this Policy;

"Non-personally Identifiable Information/Data" means any information/data which cannot be linked to Data Subjects, such as an internet domain name, the type of web browser used by a Data Subject, the type of operating system relied on by a Data Subject, the date and time of a Data Subject’s visit to our Website(s) and Mobile Application(s), the specific pages a Data Subject may have visited, and the address of the website which a Data Subjects may have visited prior to entering or gaining access to Hazyview Junction’s Website(s) or Mobile Application(s);

"Operator" means a person or entity who Processes Personal Information for and on behalf of the Responsible Party/ies, who in the context of the Hazyview Junction and its day-to-day management is Twin City Development;

“PAIA” means Promotion of Access to Information Act 2 of 2000;

"Passive Processing Means" means the use of technologies to facilitate the Inactive Processing of Personal Information, namely the use of Cookies, Web Beacons, Embedded Scripts and/or Mobile Device Identifiers;

"Person" means any natural person or juristic person;

"Personal Information" shall have the same meaning as is given in section 1 of POPIA, which for the avoidance of doubt includes any information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to:

information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person;

information relating to the education or the medical, financial, criminal or employment history of the person;

any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person;

the biometric information of the person;

the personal opinions, views or preferences of the person;

correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;

the views or opinions of another individual about the person; and

the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person; and shall, where applicable, include Special Personal Information;

"Policy" means this Data Protection and Privacy Policy;

"POPIA" means the Protection of Personal Information Act, No 4 of 2013;

"Processing" means any operation or activity or any set of operations, whether or not by automatic means, concerning Personal Information, including:

the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use;

dissemination by means of transmission, distribution or making available in any other form by electronic communications or other means; or

merging, linking, blocking, degradation, erasure or destruction. For the purposes of this definition, "Process" has a corresponding meaning.

"Regulator" means the Information Regulator established in terms of POPIA;

"Responsible Party" means in the context of this Policy, Hazyview Junction;

"Services" means the various services provided by Hazyview Junction to its Tenant(s), the particulars of which services are clearly set forth on Hazyview Junction’s Website from time to time;

"Special Personal Information/Data" means Personal Information concerning, amongst other aspects contemplated in terms of section 26 Part B of POPIA, a Data Subject's, religious beliefs, race or ethnic origin, trade union membership, political persuasion, health or sex life, biometric data, or criminal behaviour;

"Third-Party" means any Hazyview Junction Consortium company (if applicable), Tenant(s), Data Subject(s), employees, independent contractor, agent, consultant or user of Hazyview Junction’s Services, Website or any other digital application interface;

"Unique Identifier" means any identifier that is assigned to a Data Subject and is used by the Responsible Party for the purposes of the operations of that Responsible Party and that uniquely identifies that data subject in relation to the Responsible Party;

"Website" means the website owned and operated by Hazyview Junction sourced at https://www.hazyviewjunction.co.za/

"Web Beacons" means small graphic images called web beacons, also known as “Internet tags” or “clear gifs,”, which Web Beacons may be deployed on Hazyview Junction’s Website(s) pages and e-mail messages. Web beacons may be invisible to Data Subjects, but any electronic image inserted into a web page or e-mail can act as a Web Beacon. Hazyview Junction may use web beacons or similar technologies for a number of purposes, including, without limitation, to count the number of visitors to our Websites, Mobile Application(s), to monitor how users navigate the Website(s) or Mobile Application(s), to count how many e-mails that we have sent were actually opened or to count how many particular articles or links were actually viewed by Data Subjects in certain circumstances.

Introduction

This Policy regulates the Processing of Personal Information by Hazyview Junction and sets forth the requirements with which Hazyview Junction undertakes to comply when Processing Personal Information pursuant to undertaking its operations and fulfilling its contractual obligations in respect of Data Subjects and Third Parties in general.

Hazyview Junction places a high premium on the privacy of every person or organisation with whom it interacts or engages with and therefore acknowledges the need to ensure that Personal Information is handled with a reasonable standard of care as may be expected from it. Hazyview Junction is therefore committed to ensuring that it complies with the requirements of POPIA and also with the terms of Applicable Laws.

When a Data Subject or Third Party engages with Hazyview Junction, whether it be physically or via any digital, electronic interface such as Hazyview Junction Website, the Data Subject or Third Party acknowledges that they trust Hazyview Junction to Process their Personal Information, including the Personal Information of their dependents, beneficiaries, Clients, members, or employees as the case may be, which further entrenches the importance of Hazyview Junction’s compliance with Applicable Laws in regards to the Processing of Personal Information.

All Data Subjects and Third Parties have the right to object to the processing of their Personal Information. It should be voluntary to accept the Terms and Conditions to which this Policy relates. However, Hazyview Junction does require the Data Subject’s or Third Party’s acceptance to enable the proper use of Hazyview Junction Website and/or Services.

Purpose and application

The purposes of this Policy are not only to inform Data Subjects of what Personal Information of theirs Hazyview Junction may Process, where Hazyview Junction may have collected such Personal Information from (if not directly from them as the Data Subject), how Hazyview Junction Processes their Personal Information, but also to communicate the prevailing standards by which Hazyview Junction and its employees, representatives and operators shall comply in as far as the Processing of Personal Information is concerned.

Hazyview Junction, in its capacity as a Responsible Party and/or Operator, as the case may be, shall strive to observe and comply with its obligations under POPIA and Applicable Laws (as may be applicable and to the extent necessary) when it Processes Personal Information from or in respect of any Data Subject.

COLLECTING & PROCESSING OF PERSONAL INFORMATION

Whenever any Data Subject engages with Hazyview Junction, whether it be physically or electronically, or through the use of its Services, facilities or Website, Hazyview Junction will in effect be processing the Data Subject’s Personal Information.

It may be from time to time that Hazyview Junction has collected a Data Subject’s Personal Information from other sources and in such instances Hazyview Junction will inform the Data Subject by virtue of any privacy notices it deploys from time to time. In the event that a Data Subject has shared their Personal Information with any third parties, Hazyview Junction will not be responsible for any loss suffered by the Data Subject, their dependents, beneficiaries, Clients, representatives, agents or employees (as the case may be).

When a Data Subject provides Hazyview Junction with the Personal Information of any other Third Party, Hazyview Junction will process the Personal Information of such Third Party in line with this Policy, as well as any terms and conditions or privacy notices to which this Policy relates.

Hazyview Junction will primarily Process Personal Information in order to facilitate and enhance the delivery of Products and/or Services to its Clients, manage and administer its business, foster a legally compliant workplace environment, as well as safeguard the Personal Information relating to any Data Subjects which it in fact holds. In such an instance, the Data Subject providing Hazyview Junction with such Personal Information may also be required to confirm that they are a Competent Person and that they have authority to give the requisite consent to enable Hazyview Junction to process such Personal Information.

Hazyview Junction undertakes to process any Personal Information in a manner which promotes the constitutional right to privacy, retains accountability and Data Subject participation.

Prior to recording the purpose(s) for which Hazyview Junction may, or will, process the Personal Information of Data Subjects, Hazyview Junction hereby records the broad categories and types of Personal Information of Data Subjects it may process from time to time:

Full names;

Identity numbers;

Registration numbers;

Financial information, including banking account information;

Statutory information;

Physical and postal address particulars;

Telephone numbers;

Email addresses;

Biometrics;

Unique Identifiers.

In supplementation of the above and any information privacy notices provided to any Data Subject from time to time pursuant to any engagement with them, Hazyview Junction may process Personal Information for the following purposes:

To provide or manage any information or Services requested by or delivered to Data Subjects in general;

To establish a Data Subject’s needs, wants and preferences in relation to the Services provided by Hazyview Junction or any other Hazyview Junction Consortium company;

To help Hazyview Junction identify Data Subjects when they engage with Hazyview Junction;

To facilitate the delivery of Services to Tenants;

To allocate to Clients and Data Subjects Unique Identifiers for the purpose of securely storing, retaining and recalling their Personal Information from time to time;

To maintain records of Data Subjects and specifically Tenant records;

To maintain Third Party records;

For recruitment purposes;

For employment purposes;

For apprenticeship purposes;

For general administration purposes;

For legal and/or contractual purposes;

For health and safety purposes;

To monitor access, secure and manage any facilities at Hazyview Junction;

To transact with Third Parties;

To improve the quality of Hazyview Junction’s Services;

To transfer Personal Information to any other Hazyview Junction Consortium company so as to enable the relevant Hazyview Junction Consortium Company to market its services to Hazyview Junction’s Tenant(s) or Third Party’s, as well as to render specific services to Hazyview Junction itself which would in turn enable Hazyview Junction to render its Services to its Tenant(s);

To transfer Personal Information to Third Party service providers so as to enable Hazyview Junction to deliver Services to its Tenant(s);

To analyse the Personal Information collected for research and statistical purposes;

To help recover bad debts;

To transfer Personal Information across the borders of South Africa to other jurisdictions if it is required;

To carry out analysis and Client profiling;

To identify other products and services which might be of interest to our Clients and Data Subjects in general, as well as to inform them of such products and/or services;

To comply with any Applicable Laws applicable to Hazyview Junction and in some instances other Hazyview Junction Consortium companies.

When collecting Personal Information from a Data Subject, Hazyview Junction shall comply with the notification requirements as set out in Section 18 of POPIA, and to the extent applicable, comparable provisions on other Applicable Laws.

Hazyview Junction will collect and Process Personal Information in compliance with the conditions as set out in POPIA and/or the Processing principles in relevant Applicable Laws (as the case may be), to ensure that it protects the Data Subject's privacy.

Hazyview Junction will not Process the Personal Information of a Data Subject for any purpose other than for the purposes set forth in this Policy or in any other privacy notices which may be provided to Data Subjects from time to time, unless Hazyview Junction is permitted or required to do so in terms of Applicable Laws or otherwise by law.

Hazyview Junction may from time-to-time Process Personal Information by making use of automated means (without deploying any human intervention in the decision-making process) to make decisions about the Data Subject or their application. In these instances, Hazyview Junction will take reasonable steps to inform Data Subjects thereof and it is specifically recorded that the Data Subject may object to or query the outcomes of such a decision.

PERSONAL INFORMATION/PERSONAL DATA FOR DIRECT MARKETING PURPOSES

Hazyview Junction acknowledges that it may only use Personal Information to contact Data Subjects for purposes of direct marketing where Hazyview Junction has complied with the provisions of POPIA and relevant Applicable Laws (where applicable) and when it is generally permissible to do so in terms of Applicable Laws.

In the event that Hazyview Junction may lawfully direct market to a Data Subject in terms of section 69 of POPIA, Hazyview Junction will ensure that a reasonable opportunity is given to such Data Subjects to object (opt-out) to the use of their Personal Information for Hazyview Junction's marketing purposes when collecting the Personal Information and on the occasion of each communication to the Client for purposes of direct marketing.

STORAGE AND RETENTION OF PERSONAL INFORMATION/PERSONAL DATA

Hazyview Junction will retain Personal Information it has processed in accordance with its prevailing retention policies from time to time, which retention policies will reflect the justified retention of any Personal Information in terms of Section 14 of POPIA.

Personal Information will only be retained by Hazyview Junction for as long as necessary to fulfil the legitimate purposes for which that Personal Information was collected in the first place and/or as permitted or required in terms of Applicable Law.

It is specifically recorded that any Data Subject has the right to object to the Processing of their Personal Information and Hazyview Junction shall retain and store the Data Subject’s Personal Information for the purposes of dealing with such an objection or enquiry as soon and as swiftly as possible.

FAILURE TO PROVIDE PERSONAL INFORMATION

Where Hazyview Junction is required to collect Personal Information from a Data Subject by law or in order to fulfil a legitimate business purpose of Hazyview Junction and the Data Subject fails to provide such Personal Information, Hazyview Junction may, on notice to the Data Subject, decline to render services without any liability to the Data Subject.

SECURING PERSONAL INFORMATION

Hazyview Junction will always implement appropriate, reasonable, physical, organisational, contractual and technological security measures to secure the integrity and confidentiality of Personal Information, including measures to protect against the loss or theft, unauthorised access, disclosure, copying, use or modification of Personal Information in compliance with Applicable Laws.

In further compliance with Applicable Laws, Hazyview Junction will take steps to notify the relevant Regulator(s) and/or any affected Data Subjects in the event of a security breach and will provide such notification as soon as reasonably possible after becoming aware of any such breach.

Notwithstanding any other provisions of this Policy, it should be acknowledged that the transmission of Personal Information, whether it be physically in person, via the internet or any other digital data transferring technology, is not completely secure. Whilst Hazyview Junction has taken all appropriate, reasonable measures contemplated in clause 8.1 above to secure the integrity and confidentiality of the Personal Information its Processes, in order to guard against the loss of, damage to or unauthorized destruction of Personal Information and unlawful access to or processing of Personal Information, Hazyview Junction in no way guarantees that its security system(s) are 100% secure or error-free. Therefore, Hazyview Junction does not guarantee the security or accuracy of the information (whether it be Personal Information or not) which it collects from any Data Subject.

Any transmission of Personal Information will be solely at the own risk of a Data Subject. Once Hazyview Junction has received the Personal Information, it will deploy and use strict procedures and security features to try to prevent unauthorised access to it. As indicated above, Hazyview Junction reiterates that it restricts access to Personal Information to Third Parties who have a legitimate operational reason for having access to such Personal Information. Hazyview Junction also maintains electronic and procedural safeguards that comply with the Applicable Laws to protect your Personal Information from any unauthorized access.

Hazyview Junction shall not be held responsible and by accepting any terms and conditions to which this Policy relates, any Data Subject agrees to indemnify and hold Hazyview Junction harmless for any security breaches which may potentially expose the Personal Information in Hazyview Junction’s possession to unauthorized access and or the unlawful processing of such Personal Information by any Third-Party.

PROVISION OF PERSONAL INFORMATION TO THIRD PARTIES

Hazyview Junction may disclose Personal Information to Third-Party service providers and any Hazyview Junction Consortium company where necessary and to achieve the purpose(s) for which the Personal Information was originally collected and processed. Hazyview Junction will enter into written agreements with such Third-Party service providers and Hazyview Junction Consortium company, to ensure that they comply with Applicable Laws pursuant to the Processing of Personal Information provided to it by Hazyview Junction from time to time.

TRANSFER OF PERSONAL INFORMATION OUTSIDE OF SOUTH AFRICA

Hazyview Junction may, under certain circumstances, transfer Personal Information to a jurisdiction outside of the Republic of South Africa in order to achieve the purpose(s) for which the Personal Information/Data was collected and Processed including for Processing and storage by Third-Party service providers.

If it is required, Hazyview Junction will obtain the Data Subject's consent to transfer the Personal Information to such foreign jurisdiction.

The Data Subject should also take note that, where the Personal Information is transferred to a foreign jurisdiction, the Processing of Personal Information in the foreign jurisdiction may be subject to the laws of that foreign jurisdiction.

ACCESS TO PERSONAL INFORMATION

A Data Subject has the right to a copy of the Personal Information which is held by Hazyview Junction (subject to a few limited exemptions as provided for under Applicable Law).

The Data Subject must make a written request (which can be by email) to the Information Officer designated by Hazyview Junction from time to time and whose contact details can be sourced in Hazyview Junction’s PAIA Manual.

Hazyview Junction will provide the Data Subject with any such Personal Information to the extent required by Applicable Law and subject to and in accordance with the provisions of Hazyview Junction’s PAIA Manual (published in terms of section 51 of PAIA, which PAIA Manual can be sourced either at Hazyview Junction’s premises upon request or on Hazyview Junction’s Website.

The Data Subject can challenge the accuracy or completeness of his/her/its Personal Information in Hazyview Junction’s records at any time in accordance with the process set out in Hazyview Junction’s PAIA Manual.

KEEPING PERSONAL INFORMATION ACCURATE

Hazyview Junction will take reasonable steps to ensure that Personal Information that it Processes is kept updated where reasonably possible. For this purpose, Hazyview Junction shall provide Data Subjects with the opportunity to update their information at appropriate times.

Hazyview Junction may not always expressly request the Data Subject to verify and update his/her/its Personal Information and expects that the Data Subject will notify Hazyview Junction from time to time in writing:

of any updates or amendments required in respect of his/her/its Personal Information;

where the Data Subject requires Hazyview Junction to delete his/her/its Personal Information; or

where the Data Subject wishes to restrict the Processing of his/her/its Personal Information.

COSTS TO ACCESS PERSONAL INFORMATION/PERSONAL DATA

In the event that a cost is applicable, the prescribed fees to be paid for copies of the Data Subject's Personal Information are listed in Hazyview Junction’s PAIA Manual.

Hazyview Junction reserves the right to make amendments to this Policy from time to time.

COMPLAINTS TO THE INFORMATION REGULATOR

If any Data Subject or Third Party is of the view or belief that Hazyview Junction has Processed their Personal Information in a manner or for a purpose which is contrary to the provisions of this Policy, the Data Subject is requested to first attempt to resolve the matter directly with Hazyview Junction, failing which the Data Subject or Third Party shall have the right to lodge a complaint with the Information Regulator, under the provisions of POPIA.

The current contact particulars of the Information Regulator are:

The Information Regulator (South Africa)

Website: https://www.justice.gov.za/inforeg/index.html

JD House 27 Stiemens Street Braamfontein Johannesburg, 2001

PO Box 31533

Braamfontein, Johannesburg, 2107

CONTACTING US

All comments, questions, concerns or complaints regarding Personal Information or this Policy, should be forwarded to Hazyview Junction’s Information Officer at the following email address ­­­­­– nicolene@twincity.co.za

erwise utilized in terms of a written license agreement entered into between the Provider and the proprietor of such content. As such, the User may not access, display, use, download, and/or otherwise copy or distribute content obtained on the Website for any purposes other than as provided for in these Terms and Conditions without the prior consent of the Provider.

In terms of section 49 of the Consumer Protection Act, 2008 your attention is drawn to the provisions of the clauses highlighted in bold text below:  

• limit in any way the risk or liability of the Provider or any other person;
• constitute an assumption of risk or liability by the User;
• impose an obligation on the User to indemnify the Provider or any other person for any cause; or
• constitute an acknowledgement of any fact by the User.

CONTRACTUAL CAPACITY TO ACT

The User warrants that he / she is at least 18 (eighteen) years of age and has the necessary contractual and mental capacity to enter into and be bound by these Terms and Conditions. Where the User acts on behalf of a juristic person, the User agrees to bind himself / herself as surety and co-principal debtor with such juristic person for the due performance of the juristic person’s obligations in terms of these Terms and Conditions. Notwithstanding the aforegoing, the User (where he/she acts on behalf of a juristic person) warrants that he / she has the necessary authority and capacity to enter and bind the juristic person to these Terms and Conditions.

ELECTRONIC COMMUNICATIONS

By using this Website or communicating with the Provider by electronic means, the User consents and acknowledges that any and all agreements, notices, disclosures, or any other communication shall have been adequately addressed to the User upon transmission by mobile text message (sms) and or e-mail to the e-mail address or mobile telephone number provided by the User, whichever may be applicable, and it constitutes proper notice to the User.

SERVICES PROVIDED

The Website is deployed by the Provider to offer various services, including, but without limitation, the provision of consumer information, products, services, promotional material, as well as providing the interface between the Provider, the User and third parties in order to enable or afford the User to access such relevant products, services, content, tools or materials being offered, marketed, sold to, or subscribed to by, the User through or by means of the Website (“the Services”). The use of any product or service bought or subscribed for through the use of the Website, is at the User’s own risk.

If a User uses the Website, the User is obliged to keep his/her details (including, his/her name and mobile number) confidential.

The User expressly acknowledges and agrees that the following actions shall be material breaches of these Terms and Conditions:

• engaging with the Provider on or through the Website by pretending to be another person;
• transmitting material that violates, or could violate, the intellectual property rights of others or the privacy of others;
• using the Services in a way that is intended to harm, or could result in harm, to the User or to other users of the Website; or
• gathering information and specifically Personal Information about others without obtaining their prior written consent.

PERSONAL INFORMATION

The User shall make available and consents to the processing of the following personal information by the Provider:

• Full names
• Telephone numbers
• Email addresses
• Opinions and preferences

(“the Personal Information”)

The User agrees that the Provider may process the User’s Personal Information for all purposes that relate to the Website and the products and/or services offered through the Website (“the Products/Services”) from time to time by third parties. In order to do so, the User acknowledges that the Provider is required to find out exactly what the User needs or wants.

The User does have the right to object to the processing of their Personal Information and it is voluntary to accept these Terms and Conditions. However, the Provider does require the User’s acceptance to enable the User to use the Website, and to provide the Products/Services, which may include providing the User with access to third parties who may provide the User with Products/Services.

Personal Information will be processed by the Provider, pursuant to and for the purposes as set forth in the Provider’s Privacy Policy, which may include, but not be limited to the following purposes:

• verifying the identity of the User and onboarding the User as a customer of the Provider, to whom the Provider will market and afford access to various third products and services from time to time;

• transmitting and receiving necessary correspondence to the User in relation to the Products/Services accessed, used or purchased by the User through, or by means of the Website;

• to transfer the User’s Personal Information to third parties with whom the Provider is affiliated or with who the Provider has an agreement;

• facilitating delivery of the Products/Services or the products or services accessed, used or purchased by, or subscribed to by, the User through, or by means of the Website;
• generally rendering the Services;

• transmitting marketing material to the User in respect of any third-party Products/Services marketed by the Provider through or by means of this Website or any other Website and/or marketing channel which the Provider may deploy from time to time;

• to analyse the Personal Information collected for research and statistical purposes and once such Personal Information is analysed to send the User marketing and promotional material which the Provider believes may, based on the Provider’s processing of the User’s Personal Information in the capacity as a customer of the Provider and in its sole discretion, be relevant to the User in future or enhance the User’s use of the Products/Services provided on, through, or by means of the Website or any other Website and/or marketing channel deployed by the Provider from time to time;

• to conduct market research, as well as academic research in respect of the Personal Information in order to identify potential markets and trends, to develop new products and services, to improve the nature of the Products/Services being provided to the User by the Provider or to on-sell such Personal Information to third parties for commercial or non-commercial means;

• to aggregate and/or de-identify the User’s Personal Information after analysing it for statistical purposes and/or conducting market and academic research in respect thereof, as aforesaid, and transferring or on-selling such de-identified Personal Information to third parties for commercial or non-commercial purposes.

The User expressly agrees and acknowledges that any failure by the User to submit the requisite Personal Information may render the Provider unable to deliver the Products/Services and should this arise, the User hereby indemnifies and holds the Provider harmless against any loss or damage which the User may suffer as a result of the Provider’s inability to render or deliver the Products/Services.

The User acknowledges that through the use of the Website or the Services, which may include completing online application forms or contacting the Provider electronically, the Provider will in effect be processing the User’s Personal Information.

The User acknowledges that he/she understands that (where applicable) when the User includes the Personal Information of any third parties, the Provider will process such Personal Information in line with not only these Terms and Conditions, but the provisions of the Provider’s Privacy Policy. In such an event contemplated above, the User warrants that they have the required consent, alternatively have obtained an appropriate lawful justification, to furnish the Provider with such Personal Information, thereby enabling the Provider to process it for the purposes set forth in the Provider’s Privacy Policy. The Provider’s Privacy Policy can be sourced at www.twincity.co.za .

SECURITY SAFEGUARDS

The Provider shall take appropriate, reasonable technical and organisational measures to secure the integrity and confidentiality of the Personal Information in its possession, in order to guard against:

• loss of, damage to or unauthorised destruction of Personal Information; and

• unlawful access to or processing of Personal Information.

The Provider shall not however be held responsible and the User agrees to indemnify and hold harmless the Provider for any security breaches occurring on the User’s electronic device (personal computer or other electronic device used to browse the Website or access the Products/Services), which may arise as a result (without limitation) of the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device.

THIRD PARTY PRODUCTS AND SERVICES

At the Provider’s discretion, it may include references to or facilitate access to products offered or services rendered by third parties and provide links to the sites of third parties. These third-party service providers and their sites have separate and independent terms and conditions and privacy policies applicable to their products, services and respective sites. The Provider shall bear no responsibility or liability for the products offered or services rendered by such third parties, or the content and services provided through or by means of their respective websites.

The Provider makes no warranties or representations whatsoever regarding the products offered or services rendered by any third party or the content or activities of such third-party websites, which may be accessed or used through or by means of the Provider’s Website and/or its associated Services.

The User acknowledges that the Provider merely facilitates the User’s access to such third party’s products, services and/or website and does not itself offer the products or render the services of such third party to the User.

The User acknowledges that neither the Provider, nor its directors, prescribed officers, agents or assigns, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the content of or the website of a third party, as well as any functionality of said website and the products offered or services rendered through or by means of said website, or of any linked website, even if Provider is expressly advised thereof.

The Provider does not provide any personally identifiable information pertaining to Users to any third-party advertisers or third-party websites.

These third-party websites and advertisers, or internet advertising companies working on their behalf, sometimes use technology to send (or 'serve') the advertisements that appear on the Website directly to the User’s browser. They automatically receive the User’s IP address when this happens. They may also use cookies, JavaScript, web beacons (also known as action tags or single-pixel gifs), and other technologies to measure the effectiveness of their ads and to personalise advertising content to Users. The Provider does not have access to or control over cookies or other features that such third parties may use, and the information practices of these advertisers and third-party websites are not covered by these Terms and Conditions. Please contact them directly for more information about their privacy practices.

UPDATING OF THESE TERMS AND CONDITIONS

The Provider reserves the rights to change, modify, add or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions on the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.

LIMITATION OF LIABILITY

The Website and all content on the Website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. The Provider makes no warranty or representation as to the availability, accuracy or completeness of the content. Neither the Provider, its directors, members, prescribed officers, agents or assigns, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the content or the Website or any functionality thereof, or of any linked website, even if Provider is expressly advised thereof.

Neither the User or any other person shall have any claim against the Provider for any direct, consequential, incidental, indirect or special loss or damages, including, without limitation, business interruption, loss of business information, loss of data or other pecuniary loss, arising from the unavailability of the Products/Services, regardless of whether such claim is based on breach of contract, delict, breach of implied warranties or otherwise and even if the possibility of such loss or damages could have been foreseen or if the Provider was negligent.

The Provider therefore does not guarantee that (i) the Website; (ii) the information, content, tools or materials included on the Website; (iii) the Provider’s servers; or (iv) that any electronic communications sent by the Provider will be free from viruses or other harmful components. The Provider will not be liable for any damages of any kind arising from your use of the Website, the Services or from any information, content, tools or materials included on or otherwise made available to the User through the Website, including for direct, incidental, punitive and/or consequential damages.

Although the Provider is committed to providing Users with the best possible Service, the Provider shall not be responsible for:

• any of the events described in this clause;
• any actions or omissions by the User that result in a breach of the provisions of these Terms and Conditions;
• any links to other websites from the Website. The User also acknowledges that the Provider cannot control the content of or the products offered on any third party websites;
• a denial of access to the Website or the Services, should the Provider believe or have reason to believe that the User is conducting activities that are illegal, abusive, would attack the integrity of the Website or put the Provider in disrepute; or
• the User’s reliance on any of the Services, information, content, tools or materials that the User obtains or gains access to from the Website.

CASUAL SURFING

The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User’s computer or other electronic device, but not the e-mail address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent on the Website, pages viewed, etc. The Provider uses this information to determine use of the Website, and to improve content thereon. The Provider assumes no obligation to protect this information and may process such information without limitation.

GOVERNING LAW

The Website is controlled, operated and administered by the Provider within the Republic of South Africa. Access to the Website from territories or countries where the use of the Services provided through the Website is illegal, is prohibited.

The User may not use the 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. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the any High Court with jurisdiction for purposes of resolving any dispute in connection with the use of this Website. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between the Provider and the User with regard to the use of the Services, information, content, tools and, or materials made available to the User through the Website.

USE OF THE WEBSITE AND THE SERVICES

The User agrees not to:

• use the Website or the Services to process Personal Information of third parties;
• violate the privacy of any person in order to, or attempt to, gain unauthorised access to the Website or the Services, including, but without limitation through hacking, password mining or any other means; or
• use the Website or the Services to engage in any illegal or unlawful activity.

Should the User engage in any of the aforementioned activities, or breach any of the provisions of these Terms and Conditions, the Provider shall be entitled, without prejudice to any other rights it may have and without prior notice to the User:

• suspend the User’s access to the Website and/or the Services; and/or

• terminate this agreement and recover all costs incurred by the Provider, including, but without limitation, legal costs on an attorney and own client basis.

COPYRIGHT

All content made available on the Website (for example, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and where applicable software) belongs to the Provider, or is alternatively used pursuant to a licensing agreement concluded between the Provider and the third party proprietor of such content.

Any unauthorised use, alteration or dissemination of the information or content published on the Website is strictly prohibited.

The User expressly acknowledges that no content or information displayed on the Website may be regarded or construed as granting any licence or right to any third party, including the User, to use any trademark without the Provider’s prior written consent and approval.

Although the Provider has deployed reasonable technical and organisational measures to protect the information on the Website from time to time, the User acknowledges that the Provider cannot be held responsible for any consequences that may result from the unlawful breach of copyright or unlawful dissemination of information by third parties copying information off of the Website.

USE OF GOOGLE ADWORDS

This Website uses the Google Ads remarketing and customer match services to exclude advertising on third party websites (including Google) to previous site visitors or site users.

It could mean that the Provider excludes advertisements to Users who have previously visited the Website, and this could be in the form of excluding an advertisement on the Google search results page, or a site in the Google Display Network. Third-party vendors, including Google, use cookies to serve or exclude ads based on a User’s past visits to this Website.

Any Personal Information collected will be used in accordance with the Provider’s Privacy Policy and Google's privacy policy.

It could also mean that the Provider excludes advertisements to Users who have previously contacted the Provider and that have submitted their email address to the Provider for the purpose of obtaining or using the products and/or services offered on or through the Website.

Google Ads remarketing will allow the Provider to not display ads to Users based on what parts of the Website they have viewed by placing a cookie on the User’s devices or not display ads if the User logged in to any google services by using their email address to exclude advertisements to the User using the Google Ads customer match service. This cookie does not in any way identify the User or give access to the User’s computer.

Google Ads Remarketing allows the Provider to tailor our marketing to better suit the needs of our Users and only display ads that are relevant to our Users. As always we respect the privacy of Users and are not collecting any identifiable information through the use of Google's or any other third party remarketing system.

In addition to using cookies and related technologies as described above, the Provider also may permit certain third-party companies to help us tailor advertising that we think may be of interest to Users and to collect and use other data about user activities on our Website. These companies may deliver ads that might also place cookies and otherwise track User behaviour.

The User can set preferences for how Google advertises to you using the Google Ad Preferences page, and if you want to you can opt out of interest-based advertising entirely by cookie settings or permanently using a browser plugin.

COOKIES

When providing the Services, the Provider seeks to make the User’s access to such Services easy, useful and reliable. This sometimes involves placing small amounts of information on the User’s device. These are called “cookies”. These cookies cannot be used to identify the User personally and are used to improve services for the User.

The Provider’s Website uses cookies that are essential in order to enable the User to move around the Website and use its features when accessing the Services. Without these cookies, the Provider would be unable to provide the Services. The Provider also uses Google Analytics cookies to collect information about how Users use the Website and to help the Provider ensure it is tailored to the User’s needs and interests. These cookies only collect information in an anonymous form, including the number of website visitors and the pages visited. No personal information is collected or stored by the Provider.  To opt out of being tracked by Google Analytics across the Website visit: https://tools.google.com/dlpage/gaoptout

During the course of any visit to the Website, the pages the User sees, along with a cookie, are downloaded to the User’s device. Any information that is supplied by cookies can help the Provider to provide the User with a better service and assists the Provider in analysing the profile(s) of Users.

Most web browsers automatically accept cookies, but normally you can alter your browser settings to prevent automatic acceptance, if you prefer. If you opt not to receive the Provider’s cookies, the Provider cannot guarantee that your experience in respect of the Website will be as quick or responsive as what it would be if the User receives cookies.

The Provider does not store passwords or any other information about a User in a cookie that could identify them, their location, their preferences or their financial activity.

Details of the types of cookies used by the Provider is contained in the Provider’s Privacy Policy sourced at https://www.hayzyviewjunction.co.za/