PRIVACY AND COOKIE POLICY-THE FAIRCAPE GROUP

The Faircape Group, comprising Faircape Sales and Leasing, Faircape Short Term Letting, Faircape Management Services, Faircape Communications, Internect, Faircape Utility Management and Energy Solutions, Faircape Surveillance Services, Faircape Retirement Holdings and Faircape Healthcare, located at 6th Floor, The Terraces, 25 Protea Road, Claremont, South Africa (“Faircape”) is the responsible party in respect of the processing of all personal information collected through Faircape via https://faircape.co.za (“Websites”). Faircape respects your privacy and complies with relevant privacy laws, including the Protection of Personal Information Act, 4 of 2013 (“POPI”).

THIS PRIVACY AND COOKIE POLICY (“Policy”) APPLIES TO HOW WE WILL COLLECT, USE AND PROCESS YOUR PERSONAL INFORMATION WHEN YOU USE OUR WEBSITE. PLEASE READ THIS POLICY CAREFULLY.

1. COOKIES USED ON OUR WEBSITES

   1. Our Websites only use the following cookies and for the following purposes:

      • a.) Functional cookies:

        These Cookies are used to improve the user friendliness of our Websites for visitors. For example, a cookie is placed to remember your settings on our Websites. Without this cookie, you would have to re-submit certain information. The functional cookies that are stored by Faircape on your device only remain valid during your visit to our Websites, except for the cookies that remember if you are logged in or logged out, which are stored for 30 days.

      • b.) Analytics cookies:

        Faircape uses Google Analytics cookies, to analyze how visitors use our Websites. Faircape can then enhance the usability of its Websites. Google only processes data obtained via our Websites in an anonymous form. Please visit www.google.com/analytics for more information on Google Analytics.

2. CHANGING YOUR SETTINGS

   By changing the settings in your web browser, you can determine if a cookie is stored on your device. By changing your settings, you can also determine whether your browser accepts or does not accept cookies from our Websites. By continuing to use this site without changing your settings, you consent to our use of cookies as described above.

3. CONSUMER PROTECTION ACT NOTICE

   1. Your trust is important to us. If you are a consumer, as defined in the Consumer Protection Act 68 of 2008 (“CPA”), Faircape has an obligation to point out certain relevant terms to you. The clauses that contain these terms and the reasons why relevant are set out below.

      1. Limitation of risk, legal responsibilities and liability. Clauses 10, 11 and 12 below are important because they limit and exclude obligations, liabilities and legal responsibilities that we may otherwise owe to you. As a result of these clauses, your rights and remedies against us are excluded and limited.
      2. Assumption of risk, legal responsibilities and liability by you. Clause’s 4, 5, 6, 7,8. 11 and 12 below are important because you take on risk, legal responsibilities and liability. You will also be responsible for damages and harm which may be suffered by you and others in relation to what is stated in these clauses.
      3. Acknowledgements of fact by you. Clause’s 4, 5, 6, 7, 8 and 9 below are important because they contain statements that you acknowledge as true. You will not be able to deny that the statements are untrue.

4. GENERAL

   1. Faircape processes personal information that you provide to us on our Websites. Faircape may also receive personal information from you when you access, log-into or use our Websites. This information may include your first and last name, company name and registration number, value added tax number, physical address, telephone number, facsimile number, mobile number, email address and shipping address. You agree to provide Faircape with accurate information, and to not impersonate or misrepresent any other person or entity.
   2. By agreeing to this Policy, you give Faircape your consent and agree that we may collect, receive, record, organise, collate, store, update, change, retrieve, read, process, analyse, use and share your personal information in the ways set out in this Policy. When Faircape does one or more of these actions with your personal information, Faircape is “processing” your personal information.

   3. Faircape may also use your personal information to:

      1. retain and make information available to you on our Websites;
      2. preserve and update our customer, or future customer databases;
      3. identify and deal with technical issues, customer support queries and other user queries;
      4. operate, administer, maintain, secure and develop our Websites and the performance and usability of our Websites;
      5. detect, prevent or deal with actual or alleged fraud, security or the abuse, misuse or unauthorised use of our Websites and/or breach of this Policy that applies to our Websites;
      6. to conduct market research surveys, research and development;
      7. communicate with you and keep a record of our communications with you and your communications with us;
      8. inform you of any changes to this Policy or other changes relevant to you;
      9. to create user profiles, to examine and compare how you and other users make use of our Websites, including (without limitation) click-patterns, preferences, frequency, times of use, trends and statistics;
      10. to analyse and measure the types of user access devices that you and other users make use of and where you are using them.
   4. You acknowledge that you have the power to allow Faircape to implement the above with the personal information Faircape receives about you, as set out in this Policy.
   5. When you use, or register to use one of our Websites, you agree to receive marketing from Faircape. You may refuse to accept, require Faircape to terminate, or block any approach or marketing received from Faircape if the marketing is predominantly direct marketing.
   6. You may opt out of receiving direct marketing from Faircape at any time by requesting Faircape to refrain from sending any direct marketing to you. If you have opted out, Faircape may send you written (which could include electronic writing) confirmation of receipt of your opt-out request and will refrain from sending you any further direct marketing.

5. TRANSFER, STORAGE AND PROCESSING OF PERSONAL INFORMATION

   1. The transfer, storage and processing of your personal information processed through Faircape’s Websites is secured by proper technical and organisational measures. Faircape cannot guarantee the security of any information relayed online and you accept the risk of providing your personal information on our Websites.
   2. Faircape may give your personal information to its employees and third parties, which employees and third parties will process according to the instructions of Faircape and under the responsibility of Faircape. Faircape will not release your personal information to any other third parties, unless there is a legal obligation to do so.

   3. Faircape may keep and process some or all of your personal information if and for as long as:

      1. Faircape is required or permitted by law to keep it;
      2. Faircape reasonably needs it for lawful purposes related to its functions and activities;
      3. Faircape reasonably needs it for evidentiary purposes; and/or
      4. You agree to Faircape keeping it for a specified further period.

6. ACCESS, CORRECTION AND REMOVAL

   Where required to by law, Faircape takes reasonable steps to ensure that your personal information is correct, complete, up to date and not ambiguous. Upon request, Faircape will provide you with access to your personal information that they may have processed at any time. You may also request that Faircape correct or delete any personal information that is out of date, incomplete, inaccurate or excessive.

7. UPDATING YOUR PERSONAL INFORMATION

   Should your personal information change, it is imperative that you inform Faircape as soon as reasonably possible so as to enable them to update your personal information.

8. ELECTRONIC COMMUNICATIONS

   When you visit one of our Websites and or send emails to Faircape, you consent to receiving communications from Faircape electronically in accordance with our Policy.

9. SECURITY

   1. Faircape uses standardised, technical and administrative measures to protect personal information under its control. Computer safeguards such as firewalls and data encryption are used to protect personal information. Faircape will only authorise access to personal information to those employees who require it to fulfil their job responsibilities. Regrettably, no data transmission over the Internet can be guaranteed to be 100% assured.
   2. If you have reason to believe that your interaction with Faircape is no longer secure, please immediately notify Faircape of the problem by contacting Faircape in accordance with our “Contact Us” section.

10. CHANGES TO THIS POLICY

    1. This Policy may change from time to time. Any changes will only apply to your use of our Websites after the change is displayed on our Websites. If you use one of our Websites after our Policy changes, you will be deemed to have accepted such changes. If you do not agree to the changes, you must terminate your use of our Websites.
    2. Faircape may, in its sole discretion, change any of the terms and conditions of this Policy at any time. It is your responsibility to check the Policy frequently and make sure that you are content with the changes.

11. GOVERNING LAW & JURISDICTION

    1. This Policy, as well as your use of Faircape’s Websites, and/or any dispute arising from or in connection with this Policy will be governed and interpreted in accordance with the laws of the Republic of South Africa.
    2. Your continued use of Faircape’s Websites will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from this Policy.
    3. In the event of any dispute arising between yourself and Faircape, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
    4. If any provision of our Policy is deemed to be illegal, void or unenforceable due to applicable law or by order of a court of competent jurisdiction, it shall be seen as deleted and the remainder of the provisions will continue in full force and effect unprejudiced.
    5. If any part of this Policy is regulated by or subject to the CPA or POPI, it is not the intention of Faircape that any part of this Policy contravenes any provision of the CPA or POPI. Consequently, all provisions of this Policy must be treated as being certified, to the extent necessary, to ensure that the provisions of the CPA and POPI are complied with.

    6. No provision of this Policy (or any contract governed by this Policy):

       1. intends to limit or exempt Faircape or any person or entity from any liability (including, without limitation, for any loss directly or indirectly due to our wilful default or gross negligence or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption;
       2. requires you to assume liability, risk or loss, to the extent that the law does not allow such an assumption of risk or liability; or
       3. limits or excludes any obligations or warranties which could be implied in this Policy (or any contract governed by this Policy) by the CPA or POPI (to the extent they are applicable) or which Faircape gives under the CPA or POPI (to the extent they are applicable), to the extent that the law does not allow them to be limited or excluded.
    7. Nothing in this clause or the Policy limits your right to approach any court, tribunal or forum with competent jurisdiction in terms of the POPI or CPA.

12. DISCLAIMER

    1. The use of Faircape’s Websites is entirely at your own risk and you assume full responsibility for any risk or loss resulting from the use of them or reliance on any information on the Websites.
    2. Whilst Faircape takes all reasonable measures to ensure that the contents on its Websites are accurate and complete, Faircape makes no representations or warranties, whether express or implied, as to the timeliness, quality, operation, integrity, functionality and availability of it’s Websites or as to the accuracy, completeness or reliability of any information on its Websites. If any such representations or warranties are made by Faircape’s representatives, Faircape will not be bound thereby.
    3. Faircape denies liability for any loss, damage or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of its Websites and/or any content therein unless otherwise provided by law.
    4. Any views or statements made or expressed on Faircape’s Websites are not necessarily the views of Faircape, its directors, employees and/or agents.
    5. In addition to the disclaimers contained in other places on our Websites or in this Policy, Faircape makes no warranties or representations, express or implied, that information or files available on our Websites are free from viruses, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risks associated with the existence of viruses, malware, trojans, destructive materials or any other data or code save where such risks arise due to the gross negligence or wilful misconduct of Faircape, its employees, agents or authorised representatives. Faircape thus denies all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of our Websites.

13. NOTICES

    1. Faircape hereby elects the address as reflected on its Websites as its address for the Service of all formal notices and legal processes in connection with this Policy. Faircape may change this address from time to time by updating the Policy.

    2. Notices are to be sent either by email, by hand or prepaid registered post. All notices sent –

       1. by email before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the email. Emails sent after 16h30 or on a day that is not a business day will be deemed to have been received on the following business day.
       2. by hand will be deemed to have been received on the date of delivery;
       3. by prepaid registered post, will be deemed to have been received 10 days after the date of posting.

14. CONTACT

    Please contact [email protected] should you have any questions and or queries concerning the use of cookies on our Websites.