Welcome to collagenie.co.za and/or mobile app, including related applications.
THIS IS AN IMPORTANT CLAUSE. PLEASE READ CAREFULLY
8.2. The Services Colla-Genie provides through the Website is a voluntary platform within which Users can purchase Colla-Genie In A Jar. When You submit Your Personal Information to Colla-Genie, You agree that We may collect and process such information on the basis described in this Policy and in terms of the law.
8.3. “Personal Information” when used in this Policy means information that can identify you as an individual.
8.4. The Website may collect certain information about Your visit, such as the name of the Internet Service Provider (ISP) and the Internet Protocol (IP) address used by You to access the Internet and the Website; the date, time and duration of such access and the internet address of the Website from which You connected to the Website. This information is used to assist Us in improving the Website, analysis of trends, statistical purposes and administration the Website.
8.6. Your use of our Services signifies Your consent to Our collecting and using Your Personal Information as specified below.
8.7. What information does Colla-Genie collect of your Personal Information?
When You use the Website, We collect information relating to You and Your use of our Services from a variety of sources. These are listed below:
8.7.1 Registration information. You need a Website account before You can use the Services. When You register, we collect your Personal Information such as name, username, password, identity number or passport number and e-mail address.
8.7.2 Monitoring of Users’ use of the Website. To the extent permitted by law, Colla-Genie may monitor Your use of the Website, including by using geo-location, Local Storage Objects (“LSOs“) and other tools and systems. The information gathered through these processes may also be collected and processed. By accepting our Terms, You agree that Your geo-location may be collected via GSM Network Technology and other methods, where appropriate. Therefore, You warrant that Your cellular telephone details are correct and that You are the legal owner thereof. This will be deemed as written consent in terms of section 12 of the ECTA that such may be collected by Colla-Genie.
8.7.5 Passwords. Your passwords are hashed using an efficient and brute-force resistant bcrypt algorithm. Passwords are collected, processed and stored as hashes (never as plain text) and are never sent as plain text in emails. Email resets for forgotten passwords require a unique authorisation link that is sent in an email and cannot be re-used.
8.7.6 Other data you intentionally share. We may collect Your Personal Information or data if You submit it to Us in other contexts.
8.7.7 Indications that User has opted-in or -out of certain features or communications.
8.8. How do We use the information We collect?
8.8.1 We use your information only for the purposes detailed within these Terms. See clause 1.4. We use your Personal Information to provide Our Services to You. Feature descriptions will be clearly visible on the Website or a page on the Website.
8.8.2 We may use your data in compiling statistics as per the purpose for collecting your Personal Information. See clause 1.4.
8.8.3 We may use Your information internally, to monitor, maintain and improve Our Services and features. This directly benefits You, as We are able to provide a more improved offering by virtue of collecting your personal information.
8.8.5 To update Our records about You.
8.8.6 For internal record-keeping purposes.
8.8.7 To prevent potentially illegal activities and contraventions of these Terms e.g. to screen for and prevent undesirable or abusive activities.
8.8.8 To contact you about Your service or account. We occasionally send You communications related to service announcements, billing-related matters, changes to our Services, policies or terms, and a welcome email when you first register. You cannot opt-out of these communications and they are for Your benefit and are required in order for us to perform our Services.
8.8.9 To send you a copy of our newsletter. If You wish to receive our newsletter, please send an email to firstname.lastname@example.org and let Us know that You wish to receive further copies of the newsletter; or register to receive the newsletter on Our Website. Additionally, You may deregister for newsletters on the Website or email Us at email@example.com.
8.8.10 To respond to legal requests and prevent harm. In terms of the POPIA, We are required to provide Personal Information to any government authorities in terms of any legal request made by them for Your Personal Information.
8.9. How long do we keep information?
Unless there is a specific legal requirement requiring Us to keep information for longer, We will not keep it for longer than is necessary for the purpose for which the information was collected; or for which it is to be processed; or in terms of POPIA. As soon as reasonably possible after completing the purpose, or after being requested to do so, Colla-Genie will destroy, delete or de-identify a record of a User’s Personal Information.
8.10. With whom do we share or disclose your information?
8.10.1 We disclose your Personal Information in terms of the purpose for which it was collected. See clause 1.4.
8.10.2 According to law, we are required to protect your Personal Information unless requested by a relevant authority (SAPS and other security agencies, SARS and other governmental agencies).
8.11.1 to make the Website easier to use and improve our Services and Products;
8.11.2 for security reasons;
8.11.3 to provide you with personalised content, for example our newsletter; and
8.11.4 Google Analytics, SLOs and geolocation.
8.12. We currently do not process or comply with any web browser’s “do not track” signal or other similar mechanism that indicates a request to disable online tracking of Our users who visit other websites and apps.
8.13. How can you refuse or opt out of cookies?
If You do not wish to be tracked via cookies or other means, remember to disable cookies or regularly delete cookies in your browser.
8.14. If you stop using the Website and do not remove your Personal Information from the Website, such Personal Information will be destroyed, deleted or de-identified by Colla-Genie in accordance with POPIA, unless it forms part of Colla-Genie’s purpose and for so long as the Personal Information is required to perform such purpose. IF YOU WISH TO DELETE PARTS OR ALL OF YOUR PERSONAL INFORMATION YOURSELF, PLEASE GO TO THE WEBSITE, WWW.COLLAGENIE.CO.ZA, AND DELETE YOUR ACCOUNT AND PROFILE OR PARTS THEREOF. ALSO, IF YOU WISH TO RECEIVE A COPY OF THE RECORD WE RETAIN RELATED TO YOUR PERSONAL INFORMATION, PLEASE REQUEST IT FROM US BY SENDING US AN EMAIL USING DONNA@COLLAGENIE.CO.ZA.
8.15. How can you manage your privacy preferences?
THIS IS IMPORTANT: By managing your security settings on your web browser.
8.16. Colla-Genie will inform You (in writing by email, physical address, postal address, placed prominently on the Website, published in news media or as may be directed by the Regulator) and the Regulator (in writing), if there has been a breach of its security relative to the Personal Information of its users, as soon as reasonably possible after such breach, where there are reasonable grounds to believe that the Personal Information of a data subject has been accessed or acquired by any unauthorised person, unless the identity of the affected user cannot be established.
8.17. Colla-Genie is committed to ensuring that Your information is kept secure. In order to prevent unauthorised access or disclosure, Sale-holic has implemented suitable physical, electronic and managerial procedures to protect and secure your valuable, confidential and Personal Information that We collect from You and online. The systems We use make use of relatively secure data transmission and storage protocols and technologies to reasonably protect your Personal Information and prevent unauthorised disclosure and its maintenance and integrity. These protocols and technology’s implementation are essential to Our running the Website efficiently and effectively. If You do not approve of Our incorporating such protocols and technology, You are advised to refrain from using our Website and to delete Your profile from the Website.
9.1. By subscribing as a User, You agree that You shall hold in the strictest confidence and not disclose to any third party, information required in connection with any aspect of the Products and/or Services offered by Colla-Genie, its affiliates, agents and partners. You shall notify Service Provider should you discover any loss or unauthorized disclosure of information.
9.2. Except in terms of POPIA, any information or material sent to Colla-Genie will be deemed not to be confidential, unless otherwise agreed by You and Colla-Genie in writing.
10.1. Colla-Genie may, upon 20 business days’ notice, in addition to any other remedy available to it at law or under these Terms, including obtaining an interdict, to cancel these Terms, limit or deny such User use of the Website and Services, or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to Colla-Genie’s right to claim damages, should any User:
10.1.1 breach any of these Terms;
10.1.2 in the sole discretion of Colla-Genie, use the Website in an unauthorized manner; or
10.1.3 infringe any statute, regulation, ordinance or law.
10.2. Breach of these Terms entitles Colla-Genie to take legal action, without prior notice to the User and You hereby agree to reimburse the costs associated with such legal action to Colla-Genie on an attorney and own client scale.
11. COMPLIANCE WITH SECTION 43 OF THE ECTA
11.1. In compliance with section 43(1) of the ECTA, the following is noted:
11.1.1 full name: Donna Leigh Kedar
11.1.2 legal status: Married
11.1.3 registration number: 2020/764434/07
11.1.4 physical address: Unit 2, No 4 on Thelma Crescent, Bagleyston, JHB, 2192
11.1.9 names of office bearers: Donna Leigh Kedar;
11.1.10 registered address: Unit 2, No 4 on Thelma Crescent, Bagleyston, JHB, 2192
11.1.11 description of the services: The services we provide through the Website is a voluntary platform within which Users can purchase Colla-Genie In A Jar;
11.1.12full price: according to purchase made;
11.1.13manner of payment: by means of Payfast and the different options
11.2. In compliance with section 43(2) of the ECTA, You have the right to:
11.2.1 review this entire agreement and its concomitant electronic transaction;
11.2.2 correct any mistakes; and
11.2.3 withdraw from the transaction, before finally subscribing to Our Services.
12. COMPLIANCE WITH LAWS
You shall comply with all applicable laws, statutes, ordinances and regulations pertaining to your use of and access to this website.
13.1. Except as explicitly stated otherwise, any notices shall be given by e-mail: in the case of Colla-Genie : firstname.lastname@example.org and to the email address You have provided to Colla-Genie in the registration process, or such other address that You have specified to Colla-Genie in writing. Notice shall be deemed given 48 hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Colla-Genie may give you notice by registered mail, prepaid postage and return receipt requested, to the address which you have provided to Colla-Genie. In such case, notice shall be deemed given seven (7) days after the date of mailing. You acknowledge that all agreements, notices or other communications required to be given by virtue of these Terms and the CPA and POPIA may be given via electronic means and that such communications shall be deemed “in writing”. Additionally, if the use of email is made and the party appends his name at the bottom of such email, that shall constitute a “signature”. Notwithstanding anything to the contrary, a written notice of communication actually received by a party shall be an adequate written notice of communication to it, notwithstanding that it was not sent to the recipient at its chosen address for that purpose.
13.2. If you have any concerns or questions about any of the provisions of the Terms or how we operate our services on the Website, please send an email to email@example.com.
14.1. These Terms shall be governed in all respects by the laws of the Republic of South Africa as such laws apply to agreements entered into and to be performed within South Africa. By registering and agreeing to these Terms, You agree to the jurisdiction of the magistrate’s court.
14.2. This Website is controlled, operated and administered by Colla-Genie from its offices within the Republic of South Africa. Service Provider makes no representation that the content of the Website is appropriate or available for use outside of South Africa. Access to the Website from territories or countries where the content of the website is illegal is thereby prohibited. Users may not use this Website in violation of South African laws and export rules and regulations. If You access this Website from locations outside of South Africa, You are responsible for compliance with South African law and the laws, regulations and rules of the territory in which You are using the Website.
14.3. Colla-Genie does not guarantee continuous, uninterrupted or secure access to our services, as operation of our Website may be interfered with as a result of a number of factors which are outside of our control.
14.4. If any provision of these Terms is held to be illegal, invalid or unenforceable for any reason, such provision shall be struck out from these Terms and the remaining provisions shall be in force to the full extent of the law.
14.5. Colla-Genie’s failure to act with respect to a breach by any user does not constitute a waiver of Our right to act with respect to subsequent or similar breaches.
14.6. You shall not be entitled to cede or assign its rights or delegate any obligations contained in these Terms to any third party without the prior written consent of Colla-Genie.
14.7. No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.
14.8. The headnotes or headings to the clauses of these Terms are inserted for reference purposes only and shall not impact on the interpretation of any of the provisions to which they relate.
14.9. Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include the feminine and vice versa and words importing persons shall include partnerships and corporate and unincorporated entities.
14.10. These Terms set forth the entire understanding and agreement between Colla-Genie and You with respect to the subject matter hereof.
14.11. Words such as “including”, “includes”, “such as” and similar terms shall be deemed not to limit what else may be included or follow such words.
14.12. Registration on the Website and use of our services do not create a relationship of legal partnership, employee, or agency.