TERMS AND CONDITIONS OF POPI
1.1 In this Agreement, unless the context indicates a contrary intention, the following words and expressions bear the meanings assigned to them and cognate expressions bear corresponding meanings:
1.1.1 “Agreement" means this Agreement and any modifications and or alterations made from time to time;
1.1.2 “The Company” means Three Ring Circus CC a close corporation duly registered and incorporated in accordance with the Companies Act;
1.1.3 “Company’s Network” means the colleges, universities, bursary companies, career assessment companies, gap year opportunities and overseas university agents and management companies that the Company works with or in association with and the details of which are accessible on the Company’s website;
1.1.4 “Confidential Information” means any information of a confidential and/or commercially sensitive nature, howsoever obtained or received and whether or not marked confidential including any technical and/or commercial, processes, marketing and business information, customer and/or any other information or material of whatever description or nature proprietary to a party, whether in written, oral, magnetic or machine-readable or other information;
1.1.5 “Data Subject” means any individual or person who can be identified, directly or indirectly via an identifier such as but not limited to a name, an ID number, location data or via factors specific to a person’s physical, physiological, cultural or social identity;
1.1.6 “Opportunities” means all potential opportunities available from time to time within the Company’s Network for the purpose of educational advancement;
1.1.7 "Parties" means the parties to this Agreement and "Party" means any one of them;
1.1.8 "Personal Information" has the meaning ascribed to such term in the POPI Act;
1.1.9 "POPI Act" means the Protection of Personal Information Act 4 of 2013, as amended from time to time;
1.1.10 "Process" means any operation or activity whether automated or not concerning Personal Information including collection, receipt, recording, organisation, collation, storage, updating, modification, retrieval, alteration, consultation, use, dissemination (whether by means of transmission, distribution or making available in any form), merging, linking, blocking, degradation, erasure or destruction and "Processing" as well as "Process" shall be construed accordingly.
2. PROCESSING OF PERSONAL INFORMATION
2.1 The Company has a legal duty to process a Data Subject’s Personal Information (in this case being your personal information and related details) in a lawful, legitimate and responsible manner. In order to discharge this duty, the Company requires your express and informed permission to process your Personal Information;
2.2 The reason why the Company requires your Personal Information is to enable the Company to:
Introduce you to potential colleges, universities and/or other third-party contractors and to this end, make your information available for searching and matching to said desired opportunities with the intention of furthering and advancing your specific skills and abilities;
2.2.2 Notify you of the Company’s various mediums, platforms and/or opportunities subject always to your right at any time to opt out of such communication;
2.2.3 The Company may use your Personal Information, with your consent, to inter alia, facilitate dealings and/or potential interactions within the Company’s Network;
2.2.4 By providing the Company with your Personal Information, you and/or your legal guardian (as the case may be) expressly consent to the Company processing your personal information for the above legitimate and business-related purposes.
2.3 All Personal Information which you provide to the Company will only be used for the purposes for which it is collected. Consequences of withholding consent or Personal Information, should you refuse to provide the Company with the required consent and/ or information, the Company will be unable to assist you or connect you with the Company’s Network;
2.4 The Company’s Network shall comply with the security and information protection obligations equivalent to those imposed on them in terms of POPI and other applicable data protection legislation, and failing such legislation, they shall take, implement and maintain all such technical and organisational security procedures and measures necessary or appropriate to preserve the security and confidentiality of the Personal Information in its possession and to protect such Personal Information against unauthorised or unlawful disclosure, access or processing, accidental loss, destruction or damage;
2.5 Storage and retention of Personal Information which you provide to the Company will be held and/ or stored securely for the purpose of your educational advancement. Your Personal Information will be stored electronically in a database, for purposes of widening your educational opportunities;
2.6 Your Personal Information will be accessible to the Company’s Network. Where appropriate, some information may be retained in hard copy. In either event, storage will be secure and audited regularly regarding the safety and the security of the information. Where data is stored electronically outside the borders of South Africa, such is done only in countries that have similar privacy laws to our own or where such facilities are bound contractually to no lesser regulations than those imposed by POPI;
2.7 Once the Personal Information is no longer required, due to the fact that you no longer need the Company to find you the Educational Opportunities, such Personal Information will be permanently destroyed;
2.8 In terms of S11 (3) of the POPI, you have the right to object in the prescribed manner to the Company processing your Personal Information. On receipt of your objection the Company will place a hold on any further processing until the cause of the objection has been resolved;
2.9 POPI requires that all your Personal Information and related details supplied, are complete, accurate and up to date. Whilst the Company will always use its best endeavours to ensure that your Personal Information is reliable, it will be your responsibility to advise the Company of any changes to your Personal Information, as and when these may occur;
2.10 Your Personal Information will be stored electronically in a centralised data base for purposes of achieving the Opportunities and will be accessible within the Company’s Network. The Company will bind the participants within its Network to the Company’s privacy policies as far as they may be required to have access to your Personal Information for purposes of furtherance of the Opportunities;
2.11 Our website may contain links to or from other sites. While we try to link only to sites that share our high standards and respect for privacy, we are not responsible for the content, the security or privacy practices employed by other sites. We recommend that you always read the privacy and security statements on such sites;
2.12 In the event of any loss or damage to your Data, your sole and exclusive remedy shall be for the Company to use reasonable commercial endeavours to restore the lost or damaged data from the latest back-up of such data maintained by the Company in accordance with the archiving procedure. The Company shall not be responsible for any loss, destruction, alteration or disclosure of Data caused by any third party;
2.13 You, as the Data Subject, have the right at any time, to ask the Company for access to your Personal Information. The Company shall provide you with:
2.13.1 The details of any of your Personal Information which the Company holds on your behalf;
2.13.2 The details as to what the Company has done with that Personal Information;
2.14.2 Any complaints you may have against the Company in relation to the processing of your Personal Information may be addressed to the Company’s Information Officer (firstname.lastname@example.org).
3. CONSENT TO DIRECT MARKETING, ADVERTISING AND PROMOTIONAL ACTIVITIES OF THE COMPANY.
3.1 You currently consent and agree that the Company may use your Personal Information for the marketing and/ or promotion of its services within the Company’s Network;
3.2 If at any time you wish to revoke your consent you are free to do so and are to direct this request to the Company’s Information Officer (email@example.com).
4. DECLARATION OF ACCURACY
4.1 You declare that all Personal Information supplied to the Company for the present purposes is accurate, up-to-date, is not misleading and it is complete in all respects;
4.2 I undertake to immediately advise the Company of any changes to my Personal Information should any of these details change. I furthermore give the Company permission to process my Personal Information, as provided above, and acknowledge that I understand the purposes for which it is required and for which it will be used.
5. RIGHT TO CHANGE, MODIFY, ADD TO OR REMOVE
5.1 The Company reserves the right to change, modify, add to or remove from portions or the whole of these terms and conditions from time to time;
5.2 Changes to these terms and conditions will become effective upon such changes being posted to the Company’s websites (www.3rc.co.za / www.3RCVirtual.com) and it is your obligation to periodically check these terms and conditions at the link provided on the Company’s website;
5.3 Following the posting of changes or updates, you will be deemed to have received notice thereof and automatically accept and abide and be bound by these terms and conditions, including such changes and updates.
6. ADVICE AND WARRANTIES
6.1 The Information provided on web portals including, but not limited to, newsletters, articles, opinions and views, is provided for educational or information purposes only. It is not intended to provide legal and or general advice and should not be relied upon in that respect. You should not act or rely on any information without seeking the advice of a professional;
6.2 The Company is not responsible for any content or information that you may find undesirable or objectionable.
7. LIMITATION OF LIABILITY
7.1 The Company will not be responsible for any direct, indirect, special, incidental or consequential damage or any other damages whatsoever and howsoever caused, arising out of or in connection with the use of web portals or in reliance on the information available on web portals, including but not limited to, any loss of use, lost data, personal injury, or any other pecuniary loss, whether the action is in contract, delict (including negligence) or other delictual action;
7.2 The Company makes no representations or warranties of any kind, express or implied, as to the operation of the web portals or the information, content, materials or products included on the web portals. You should not assume that the Company or related web portals will be error-free or that the Company or web portals will operate without interruption;
7.3 The Company does not warrant that its server or e-mails sent from it, are free of viruses or other harmful code.
8. CONFIDENTIAL INFORMATION
8.1 The Company hereby acknowledges that by virtue of its position in terms of this Agreement, the Company will have access to certain Confidential Information. The Company hereby undertakes:
8.1.1 to treat and safeguard the Confidential Information as strictly private, secret and confidential;
8.1.2 except as permitted by this Agreement, not at any time to disclose to any third party outside the Company’s Network any Confidential Information acquired by it;
8.1.3 to make use of the Confidential Information acquired by it during the course and term of its appointment solely for the purposes of carrying out its duties and obligations under this Agreement and for no other purposes whatsoever;
8.1.4 Except as permitted by this Agreement, not to disclose or divulge, directly or indirectly, the Confidential Information in any manner to any third party for any reason or purpose whatsoever without the prior written consent of the Client, which consent may be granted or withheld in the sole and absolute discretion of the Client.
9. APPLICABLE LAW AND JURISDICTION
9.1 The laws of the Republic of South Africa shall govern this agreement notwithstanding your domicile, residence or physical location. You hereby consent and submit to the non-exclusive jurisdiction of the courts of the Republic of South Africa in any action or proceeding instituted under or related to this agreement.
10.1 These terms constitute the sole record of the agreement between the parties in relation to the subject matter hereof. No Party shall be bound by any express, tacit or implied term, representation, warranty, promise or the like not recorded herein. These terms supersede and replace all prior commitments, undertakings or representations, whether oral or written, between the parties in respect of the subject matter hereof;
10.2 No addition to, variation, novation or agreed cancellation of any provision of this Agreement shall be binding upon the parties unless reduced to writing and signed by or on behalf of the Parties;
10.3 No indulgence or extension of time which any party may grant to any other shall constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event and to the extent that the grantor has signed a written document expressly waiving or limiting such right.