1.1.1 “ESS” means Efficient Support Services (Pty) Ltd, registration number 2012/200761/07, a private company with limited liability duly registered in accordance with the laws of the Republic of South Africa, and shall include any related or inter-related parties, as contemplated in section 2 (read with section 3) of the Companies Act No. 71 of 2008;
1.1.1 “Parties” means the User and ESS, and “Party” means either one of them as the context may indicate;
1.1.2 “Personal Information” means information relating to the User, including but not limited to (i) views or opinions of the User or of another individual about the User and (ii) information relating to the User’s race, sex, gender, sexual orientation, pregnancy, marital status, nationality, ethnic or social origin, colour, age, physical or mental health, well-being, disability, religion, conscience, belief, cultural affiliation, language and birth; education, medical, financial, criminal or employment history; names, identity number and/or any other personal identifier, including any number(s), which may uniquely identify a User, account or client number, password, pin code, numeric, alpha, or alpha-numeric design or configuration of any nature, symbol, e-mail address, domain name or IP address, physical address, cellular phone number, telephone number or other particular assignment; blood type, fingerprint or any other biometric information; personal opinions, views, or preferences; correspondence that is implicitly or expressly of a personal, private or
confidential nature (or further correspondence that would reveal the contents of the original correspondence); and corporate structure, composition and business operations (in circumstances where the User is a juristic person) irrespective of whether such information is in the public domain or not;
1.1.3 “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, testing of, 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, and “Process” has a corresponding meaning;
1.1.5 “Terms and Conditions” means the Website terms and conditions of ESS, contained on the Website;
1.1.6 “User” means the person using the Website or interacting with ESS in any other manner;
1.1.7 “Website” means http://www.ess-sa.net/, and any of its associated Online Profiles;
2.1 ESS does not warrant that the Website is completely secure, although ESS shall use all reasonable endeavours to keep any Personal Information safe.
2.2 In order to provide adequate security to all Users of the Website and to monitor activities prohibited under law, the User hereby agrees to ESS’s appointed service providers’ right to intercept, monitor, block, read, delete, or access all data sent to the Website or any other communication facility provided by ESS.
2.3 ESS cannot guarantee that documents or files downloaded from the Website (if applicable) will be free from viruses and ESS does not accept any responsibility for any damage or loss caused by any virus. The User must use virus-checking software when using the Website and when uploading or downloading any Content. The User agrees not to upload any file that may contain a virus to the Website. The User hereby indemnifies ESS and its service providers and affiliates against any possible damages, expenses or losses as a result of delivering computer programs or any other code that may damage the Website, infrastructure, or the service provider’s infrastructure.
3 PERSONAL INFORMATION
ESS shall –
3.2.2 not disclose or otherwise make available the Personal Information to any third party (including sub-contractors and staff) other than authorised personnel or third parties who require access to such Personal Information strictly in order for ESS to operate the Website or to operate its business or provide services to the User, unless the User has provided its prior written permission to do so to ESS;
3.2.3 ensure that all persons that have access to the Personal Information are bound by appropriate and legally binding confidentiality and non-use obligations in relation to the Personal Information; and
3.2.4 take appropriate, reasonable, technical, and organisational measures to ensure that the integrity of the Personal Information in its possession or under its control is secure and protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure, or access.
3.3 Information collected by ESS
The User agrees that ESS may collect, store and use the following information –
3.3.1 information about the User’s computer and about the User’s visits to and use of the Website (including but not limited to the User’s internet protocol address, geographical location, browser type, referral source, length of visit and number of page views);
3.3.2 any information about the User required by ESS to conduct its operations; and
3.3.3 information that other users share about the User.
3.4.1 Cookies may be used by ESS to understand the Users better. Cookies allow ESS to understand who has seen which pages and advertisements, in order to determine how frequently particular pages are visited, and to determine the most popular areas of the Website. Depending on the type of cookies used, cookies also allow ESS to make the Website more user friendly.
3.4.2 The User is entitled to adjust its browser so that cookies are not accepted. Should the User do this, he/she will still be able to browse the Website, but some functions may not be available.
3.4.3 Cookies do not contain Personal Information. ESS does not exchange cookies with any third party websites or external data suppliers.
3.4.4 ESS shall only keep cookies for the duration of the User’s visit to the Website, except where the User elects to save login information.
3.5 Use of Personal Information
3.5.1 Personal Information submitted on the Website or by any other communication will be used for the purposes specified herein.
3.5.2 The User hereby consents to the use of his/her Personal Information to allow ESS to –
126.96.36.199 administer the Website;
188.8.131.52 improve User experience by personalising the Website;
184.108.40.206 carry out obligations arising from any contracts entered into between the User and ESS, insofar as it is applicable;
220.127.116.11 allow participation in interactive features of the services provided (i.e. forum or poll taking or voting (when available);
18.104.22.168 notify the User about changes to the services provided;
22.214.171.124 send the User email notifications as requested by the User;
126.96.36.199 provide the User with information, products and services relating to the information, products or services of ESS, which ESS thinks may be of interest, by email or similar technology. The User is entitled to inform ESS at any time if the User does not wish to receive marketing communication;
188.8.131.52 provide third parties with statistical information about the Website users, which information will not include Personal Information;
184.108.40.206 deal with enquiries and complaints made by or about a User relating to the Website or Content; and
220.127.116.11 use the information for such other things as may be required by ESS, or may be ancillary to, the administration of the Website or the provision of its services.
3.5.3 It is the User’s responsibility to obtain the necessary consent from a third party prior to submitting a third party’s Personal Information to the Website, and the User accordingly warrants that any such consent has been obtained in respect of any Personal Information uploaded by the User.
3.5.4 ESS shall not share information about the User unless ESS, in accordance with clause 3.6 –
18.104.22.168 shares the information in order to conduct its business and provides its services to the user;
22.214.171.124 has received permission from the User; or
126.96.36.199 has removed the User’s Personal Information from it.
3.5.5 ESS stores Personal Information and other data for as long as it is necessary to provide products and services to the User and others, including those described above. Personal Information will be destroyed once it has become obsolete, unless ESS is required to retain it in terms of any applicable laws.
3.6.1 ESS may disclose information about the User to any of its employees, officers, agents, suppliers, or subcontractors insofar as reasonably necessary for the purposes as set out herein.
3.6.2 In addition, ESS may disclose information about the User –
188.8.131.52 to the extent required to do so by law;
184.108.40.206 in connection with any legal proceedings or prospective legal proceedings;
220.127.116.11 in order to establish, exercise or defend its legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk); and
18.104.22.168 to the purchaser (or prospective purchaser) of any business or asset, which ESS contemplates selling, to the extent required.
3.6.3 Occasionally third parties may provide Processing services to ESS. In those circumstances (should ESS deem it necessary) those third parties shall be required to enter into a non-disclosure agreement or any other agreement with reference to the protection of Personal Information on no less stringent terms than those found herein, and to process and protect a User’s Personal Information in accordance with ESS’s instructions.
3.7 Notification of a Personal Information security breach
3.7.1 ESS shall –
22.214.171.124 notify the User in writing, immediately if it becomes aware or has reasonable grounds to believe that the Personal Information of a User has been accessed or acquired by an unauthorised person, and take all appropriate steps to limit the compromise of Personal Information and to restore the integrity of the affected information systems as quickly as possible;
126.96.36.199 as soon as reasonably possible thereafter, engage with any persons who may be appointed by ESS to discuss the security breach, to report all relevant facts relating to the compromise and steps to be taken to mitigate the extent of the compromise and loss occasioned by the compromise; and
188.8.131.52 provide the User with details of the Personal Information affected by the compromise, including but not limited to, the nature and extent of the compromise, and, where possible, details of the identity of the unauthorised person/s who are known to or who may reasonably be suspected of, having accessed or acquired the Personal Information.
3.7.2 Immediately upon notifying the User as set forth in clause 3.7.1, ESS shall –
184.108.40.206 at its own cost, take all necessary steps to mitigate the continuation of the compromise, the repetition of a similar compromise, and mitigate the extent of the loss occasioned by the compromise of the Personal Information;
220.127.116.11 implement all measures reasonably necessary to restore the integrity of ESS’s information system; and
18.104.22.168 notify all affected Users.
4 POLICY AMENDMENTS
5 USER’S RIGHTS
5.1 The User has the right to decide which Personal Information is kept about the User. ESS shall provide the User with (free of charge) confirmation whether or not it holds Personal Information about the User and with further details regarding the Personal Information so held (if applicable) in accordance with ESS’s Promotion of Access to Information manual. If the User is concerned that any of the information so held is incorrect, please contact ESS immediately. The User is further entitled to request that any such information be deleted or the use thereof restricted.
5.2 The User is entitled to instruct ESS not to utilise the User’s Personal Information for direct marketing purposes or in any further manner by emailing ESS at any time to the following email address: Adri@ess-sa.net.
If the User has any questions about the treatment of his/her Personal Information, please contact ESS by using the email address provided in clause 5.2 above.
The User hereby agrees that –
7.1.1 Any User aged 18 or under must first get his/her parent/guardian’s permission before providing Personal Information on the Website or to ESS;
7.2 Communication, dispatch and receipt
7.2.1 Data messages sent from ESS to the User are deemed to be received when the complete message is outside the control of ESS’s systems (at the time it has left such system).
7.2.2 Data messages from the User to ESS are only deemed to be received by ESS when it responds thereto. Such acknowledgement further does not give legal effect to that message, unless specifically indicated by ESS to the contrary in writing.
8 BREACH & TERMINATION
8.1 immediate, temporary or permanent withdrawal of the User’s right to use the Website;
8.2 immediate, temporary or permanent removal of any Content uploaded by the User to the Website;
8.3 issue a warning to the User;
8.4 obtain an order against the User for specific performance, with or without claiming damages;
8.6 disclosure of such information to law enforcement authorities, as deemed necessary in ESS’s sole discretion.
9 GENERAL AND MISCELLANEOUS
11 APPLICABLE AND GOVERNING LAW