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- Personal Information has the meaning ascribed thereto in the Protection of Personal Information Act, Act 4 of 2013, (“POPI”) and any regulations passed thereunder, and may be processed by RAV pursuant to this Agreement.
- By submitting your Personal Information, you agree to be legally bound by these Terms and Conditions, which shall take effect immediately on your first use of this platform (“Site”).
- If you do not agree to be legally bound by all the Terms and Conditions, you should not make use of the Site – i.e. do not access and/or submit any Personal Information.
- RAV has the right in its sole discretion to change the Terms and Conditions on this Site (unless prior notice is required by applicable law), at any time by posting the changes online.
- t is your obligation to review the Terms and Conditions regularly to ensure you are aware of any changes made by RAV on this Site.
Processing of Personal Information
- RAV shall only process Personal Information in accordance with applicable laws, in terms of this Agreement and in accordance with any instructions, requirements or specific directions of the Information Officer.
- You agree that RAV may collect and process – which shall have the meaning ascribed in the definition of “Processing” in POPI – use and store your Personal Information (including special Personal Information) for purposes of (i) providing the services, (ii) maintaining its internal administrative or member relationship systems, including the use of third party outsourced providers, (iii) quality and risk management reviews and legal reporting obligations, (iv) providing information about upcoming events, (v) carrying out and managing its operations, and (vi) any legitimate purposes of or other activities conducted by RAV from time to time.
RAV shall take appropriate, reasonable, technical and organisational measures to ensure the integrity of the Personal Information in its possession or under its control and that such Personal Information is secure and protected against unauthorised or unlawful Processing, accidental loss, destruction or damage, alteration, disclosure or access by having regard to:
- any applicable requirement in law, stipulated in appropriate industry rules or in codes of conduct or stipulated by a professional body governing RAV;
- generally accepted information security practices and procedures which apply to RAV’s services as may be appropriated to discharge its obligations in terms of this Agreement;
- ake appropriate, reasonable, technical and organisational measures to ensure that the Personal Information in its possession or under its control remains available to you and when it may be required; and
- identify all reasonable foreseeable internal and external risks on an on-going basis.
- You undertake and agree to keep the Personal Information up to date by keeping RAV informed of any changes that need to be made to the Personal Information.
- Data Subjects means any natural or juristic person(s) or any other person(s) to whom Personal Information relates (“Data Subjects”).
- You warrant that the consent of any other Data Subject(s) whose Personal Information shall be disclosed to RAV by you in terms of this Agreement has been obtained or that you are otherwise justified in law to disclose such information to RAV.
- You further warrant and undertake to inform RAV within a reasonable time (i) of any changes to the Personal Information provided by you in order to keep the data accurate, (ii) should any Data Subject withdraw any consent previously given and/or (iii) should RAV for any other reason no longer be entitled to lawfully process the Data Subject’s Personal Information.
- You further warrant that all Personal Information provided by you on the Site is accurate and does not breach any law or the rights of any Data Subject.
You agree to hold RAV and/or any and all of its directors, officers or any other officials thereof respectively, harmless and indemnified against any and all loss, damage, costs (including legal costs on an attorney and client basis), charges, penalties, fines, interest, expenses which may be incurred or sustained by RAV and/or any one or more of the aforesaid persons as a result of you breaching the aforementioned warranties or failing to comply with any of your obligations in terms of POPI or any other applicable data protection law or regulation.
Cross-Border Transfers of Personal Information
You understand and agree that the Personal Information may in appropriate circumstances reside and be processed outside South Africa and you agree that RAV shall be entitled to transfer and process Personal Information across country borders to such locations outside South Africa and for the purposes set out above.
Retention of Personal Information
- You agree that RAV shall be entitled to retain the Personal Information for a minimum period of 5 years, after which, subject to what is set out below, the Personal Information shall be destroyed in accordance with the provisions of POPI.
- You agree that RAV shall however be entitled to extend the period for which Personal Information is retained (i) if this is required or authorised by law, (ii) RAV reasonably requires the Personal Information for a longer period for lawful purposes related to its activities or functions, (iii) this is required by any contract between the parties, or (iv) for statistical or research purposes (subject to appropriate safeguards).
- RAV is not liable for any damages (including direct, indirect, consequential, incidental and exemplary) in the event that this Site is unavailable to users (by virtue of interruption, suspension or termination) for any reason, including due to computer or communications link downtime attributable to malfunction, upgrades or preventative or remedial maintenance activities.
- RAV will not be liable to users in respect of any loss or damage (including direct, indirect, consequential, incidental and exemplary) which may be suffered or incurred or which may arise directly or indirectly because of services supplied by RAV.
These Terms and Conditions are subject to warranties and liabilities that cannot by law be disclaimed and RAV’s liability for any breach of a condition in relation to supply by it of services to users is limited to, at RAV’s option, supply of the services again, or the payment of the cost of supplying the services again.
- You agree not to sell or modify the material or reproduce, display, distribute, or otherwise use the material available on this Site in any way for any public or commercial purpose.
- You further agree not copy or adapt the code or software that RAV creates to generate its pages.
- You further agree not ‘frame’, ‘mirror’, ‘scrape’ and/or ‘extract’ any materials or third-party content contained on or accessible from the RAV Site on any other server or internet-based device without the express written authoRAVtion of RAV.
Maintenance of Site
RAV will not be liable for any damages (including direct, indirect, consequential, incidental and exemplary), if there is any deficiency or inaccuracy in the Site attributable to a lack of maintenance of the Site or in relation to the accuracy, sufficiency or otherwise of your application.
You warrant that you have not relied on any representation made by RAV which has not been expressly stated in these Terms and Conditions for the provision of specified services by RAV.
RAV does not monitor your personal identifiable data or privacy sensitive transmissions, yet, it does actively monitor accounts for system utilisation. Upon any breach of this Agreement, or inappropriate use of RAV services as determined by RAV in its sole discretion, RAV reserves the right to terminate your registration. RAV’s preferred course of action is to advise you of your inappropriate use or breach of this Agreement and recommend any necessary corrective action.
Use of Collected Information
RAV uses mailing and email addresses, telephone and cellular numbers, and user access IDs to provide users with the information requested, to respond to user questions, to provide member support, to register users for subscriptions, or to conduct surveys. RAV does not sell user Personal information to others. We may disclose information about users to others if required by law, if directed by the user, or to operate this Site properly.
This Site provides hyperlinks to websites owned and controlled by others. RAV is not responsible for the privacy practices of any website not owned or controlled by RAV.
This Site uses administrative, contractual, physical, and technical means to protect against the unauthorised access to information, such as confidentiality agreements with employees, firewalls, Secure Sockets Layer protocol, usernames and passwords.
A user may opt-out, review and update the information provided to RAV through this Site by contacting us via the Contact Us page on this Site.