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Privacy Policy - NovaCloud ICT & Telecommunications ISP Provider

Terms & Conditions

In these terms and conditions, the “goods” means the goods as indicated on any company forms, price lists, quotations, orders or invoices.

1. Prices and Quotations
1.1 The price of the goods sold or services rendered shall be as per NOVACLOUD prices at the time of the order or quotation.
1.2 NOVACLOUD has the right to change the prices of the goods from time to time without prior notice to the APPLICANT (hereafter referred to as the “CLIENT”).
1.3 The validity of any price quoted is subject to availability.
1.4 Any quote may be changed at any time in the event of any increase in the cost price of the goods, including currency fluctuations. Price increases will only be effected if the goods have not yet been dispatched to the CLIENT.
1.5 All pricing is Exclusive of VAT and subject to availability of stock. NOVACLOUD will not be bound by manifest errors, and typographical or clerical mistakes in its documents.

2. Payment
2.1 Payment for goods sold and services rendered is strictly Cash on Delivery unless a credit facility has been approved by NOVACLOUD and in the event of a dispute regarding the amount payable, NOVACLOUD’s prices in terms of its standard price list prevailing at the same time of delivery, shall apply thereto and be binding.
2.2 The CLIENT shall have no right to withhold payment or apply any deduction or set-off against any payment due to NOVACLOUD for any reason whatsoever.
2.3 NOVACLOUD shall have the right to suspend deliveries and refuse to accept Orders if any amount due by the CLIENT is unpaid or the CLIENT’s credit limit is exceeded.
2.4 No credit given, allowance made or indulgence shown by NOVACLOUD in favour of the CLIENT will give rise to any right or entitlement to any further credit, allowance or indulgence, and no waiver of NOVACLOUD’s rights may be implied from any such credit, allowance or indulgence.
2.5 The CLIENT hereby acknowledges that should an amount not be paid on due date, or any cheque tendered as payment is dishonoured, the entire balance then outstanding shall immediately become due and payable without any further notice. The CLIENT shall further pay interest on all overdue amounts at a rate equal to that prescribed in terms of the Prescribed Rate of Interest Act, compounded monthly in arrears, from due date until date of payment. In addition NOVACLOUD shall be entitled to hand the CLIENT over to its attorneys for collection of the outstanding debt and report the CLIENT’s default to Credit Guarantee Insurance Corporation of Africa Limited (CGIC) and the Computer Industry Protection Association (CIPA) for circulation amongst its members, whereby the CLIENT will receive notification of such action
2.6 The CLIENT is responsible for any bank charges incurred by NOVACLOUD when cash deposit payments, forex payments, cheque or dishonoured cheque payments are paid into the NOVACLOUD bank account.
2.7 NOVACLOUD reserves the right to suspend service and repairs of goods including warranty services to the CLIENT if any amount due by the CLIENT is unpaid or overdue.
2.8 NOVACLOUD will only accept cash deposits and cash payments in store up to the value of R5000 inclusive of VAT.
2.9 Payment strictly to reflect in the NOVACLOUD bank account for all orders exceeding R5000 inclusive of VAT, before any stock will be released. Orders paid via Cheque payment method will only be released once the cheque has cleared.
2.10 Proof of payment submitted via sms/text message, copied into emails, screenshots or sent as an attachment will not be accepted as valid proof of payment.
2.11 Cash deposit Payments and Cheque Payments will be subject to a 1.5% additional charge on the value of the order (Inclusive of VAT) covered by the CLIENT for any deposits at the bank to cover bank charges.
2.12 Strictly no refunds will be possible for any returned stock. Credit will remain on the CLIENT’s account for a period of 12 months (365 days) from date of refund.
2.13 Ownership of all goods shall remain vested in NOVACLOUD until NOVACLOUD has received payment in full for the goods purchased.
2.14 Should NOVACLOUD incur costs in the collection of any amount due to it by the CLIENT, the CLIENT shall pay such costs on the attorney-and-client scale.

3. Orders
3.1 The CLIENT hereby confirms that the goods and services on the tax invoice issued duly represent the goods and services ordered by the CLIENT at the prices agreed to by the CLIENT and where performance/delivery has already taken place that the services and goods were inspected and that the CLIENT is satisfied that these conform in all respects to the quality and quantity ordered and are free from any defects.
3.2 NOVACLOUD will accept all written and verbal orders. All such orders and any variations to orders will be binding, subject to these standard terms and conditions and may not be varied or cancelled without prior written consent from NOVACLOUD. NOVACLOUD will not be responsible for any errors or misunderstandings occasioned by the CLIENT’s failure to make the order in writing. NOVACLOUD may require the CLIENT to confirm verbal orders in writing before acceptance of such orders by NOVACLOUD.
3.3 Orders shall constitute irrevocable offers to purchase the goods in question at the usual prices of NOVACLOUD as at the date when the CLIENT places the order of the goods, subject to clause 1.4 above, and shall be capable of acceptance by NOVACLOUD by the delivery of the goods, written acceptance or confirmation of the order.
3.4 In the event that Goods are not collected within 1 (one) week of placement of the Order, NOVACLOUD reserves the right to cancel the Order.

4. Warranties
4.1 Goods may be guaranteed under the manufacturer’s product specific warranties only, and all other guarantees and warranties including common law guarantees and warranties in relation to goods and services are hereby specifically excluded by NOVACLOUD.
4.2 All warranties are immediately null and void should any equipment be tampered with or should the seals on the equipment be broken by anyone other than NOVACLOUD or its appointed nominee, or should the goods be operated outside the manufacturer’s specifications.
4.3 NovaCloud will honour all warranties strictly from the date of purchase from NOVACLOUD only.
4.4 Lightning and/or surge damage is not covered under the warranty unless otherwise agreed in writing from NOVACLOUD. This includes lightning and/or surge damage to the surge protected power supplies.
4.5 Physical and/or liquid damage is not covered under the warranty and all warranties are immediately null and void should any physical and/or liquid damage be detected.
4.6 To be valid, warranty claims must be supported by the original tax invoice and the goods must be in their original packaging and must be accompanied by all accessories and manuals must be intact. All items must be returned in “as new” condition.
4.7 NOVACLOUD specifically disclaims the implied warranty of merchantability and fitness for a particular purpose. No representation or warranty, including but not limited to statements of capacity, suitability for use or performance made by employees of NOVACLOUD shall be considered to be a warranty by NOVACLOUD. Any such statements made shall not give rise to any liability or whatsoever nature on the part of NOVACLOUD, its employees, subcontractors or subsidiaries. NOVACLOUD will not be liable to the CLIENT for any loss, damage or expense of any nature, whether direct, special, indirect or consequential, including but not limited to loss or profits arising out of NOVACLOUD’s performance or customers’ use of the goods or services rendered.
4.8 The onus remains on the CLIENT to return goods under/out of warranty to NOVACLOUD for inspection/repair/replacement. Upon notification of the inspection/repair/replacement of the unit by NOVACLOUD the CLIENT is required to collect the unit from NOVACLOUD at their own cost.
4.9 No warranties whether express or implied shall apply, other than those provided in this contract.
4.10 NovaCloud may at its own discretion provide replacement equipment in advance of receiving an indicated warranty claim item back from the CLIENT, on an advanced swop basis. Advanced swop will only be offered by prior arrangement and agreement between NOVACLOUD and the CLIENT, whereas NovaCloud maintains the right to refuse any such services and claims. Should the warranty claim equipment be returned to NovaCloud and no fault is found (NFF) NovaCloud will invoice the client in full for the units provided.
4.11 The CLIENT indemnifies and holds NOVACLOUD (including its employees, subcontractors or subsidiaries) harmless against all claims of whatsoever nature that may be brought or threatened against NOVACLOUD by any third party arising from or in connection with any defect, latent or otherwise in any goods supplied and/or services rendered by NOVACLOUD.

5. Repairs
5.1 Since some repairs are done by the original manufacturer abroad, the CLIENT hereby acknowledges and accepts that repairs may take up to 12 weeks.
5.2 NOVACLOUD’s liability in terms of a manufacturer’s warranty is restricted to, in NOVACLOUD or the manufacturer’s discretion, the cost of repair or replacement of faulty goods or services or the granting of credit.
5.3 The CLIENT will be informed as soon as repairs have been completed.
5.4 The CLIENT hereby agrees that any item returned for a repair may be sold by NOVACLOUD to defray the cost of such repair if the item remains uncollected for a period of 30 (thirty) days after the CLIENT has been informed that such repairs have been completed.
5.5 The onus falls on the CLIENT to return any faulty or warranty items and to collect the repaired/replaced units at their own cost.

6. Returned goods
6.1 Return of unwanted goods:
6.1.1 NOVACLOUD reserves the right to charge a handling fee of up to 15% (fifteen per cent) of the value of the returned goods in the event that a CLIENT cancels an order and NOVACLOUD accepts the return of unwanted goods. NOVACLOUD will only entertain such requests if made within 7 (seven) business days of delivery of the goods.
6.1.2 NOVACLOUD reserves the right to offset the value of any goods accepted for return against any amounts due by the CLIENT.
Strictly no cash refunds will be paid.
6.2 Return of goods that did not match the order:
6.2.1 If the goods do not match what was ordered, the CLIENT is requested to notify NOVACLOUD as soon as possible after delivery and the goods must be returned to NOVACLOUD within 7 (seven) business days after delivery.
6.2.2 If the goods are returned because they did not match what was ordered and the goods are not in their original condition and repackaged in their original packaging, NOVACLOUD may be entitled in terms of the Consumer Protection Act to charge a reasonable amount for use of the goods during the time they were in the CLIENT’s possession, any consumption or depletion of the goods, or for necessary restoration costs to render the goods fit for re-stocking.
6.3 Return of defective goods:
6.3.1 The CLIENT may return any defective goods to the premises of NOVACLOUD or its nominee at the CLIENT’s own cost. NOVACLOUD undertakes to replace such goods with items of the same or similar specification, or repair to working order if the item is still under warranty. Replacement units can be in the form of new or refurbished units at NOVACLOUD’s discretion. No refunds will be considered in respect of return of defective goods.

7. Delivery
7.1 NOVACLOUD reserves the right to charge delivery fees, as and when necessary at specified rates.
7.2 Any delivery note (copy or original) signed by the CLIENT and/or its authorised representative and/or its nominated agent and held by NOVACLOUD shall be prima facie proof that delivery was made to the CLIENT.
7.3 NOVACLOUD shall be entitled to split the delivery of the goods ordered in the quantities and on the dates it decides, with the prior consent of the CLIENT, which consent shall not be unreasonably withheld.
7.4 In the event of the CLIENT choosing to engage its own third party to transport the goods, the CLIENT indemnifies NOVACLOUD against any claims of any nature whatsoever that may arise from such an agreement, or the performance thereof.
7.5 NOVACLOUD is entitled to engage a third party on its behalf to transport all goods purchased by the CLIENT to the delivery address stipulated by the CLIENT, and the costs of such delivery and transport shall be for the CLIENT’S account.
7.6 If the CLIENT wishes to receive delivery of the goods by a more expensive method of transportation than that normally used by NOVACLOUD, the CLIENT shall make such request in writing and, in the event that NOVACLOUD agrees to arrange such special delivery the additional charges shall be debited to the CLIENT’s account and shall be payable by the CLIENT.
7.7 NOVACLOUD does not guarantee that the goods will be dispatched or delivered on any particular date and time, and the CLIENT shall have no claim against NOVACLOUD in respect of any loss occasioned by any reasonable delay in dispatch or delivery of any goods ordered and/or services rendered, nor may the CLIENT cancel any order by reason of such reasonable delay. A delay which is not due to any fault on the part of NOVACLOUD shall be deemed to be a reasonable delay.
7.8 The CLIENT must inspect the goods on receipt and be satisfied that the goods conform in all respects to the quality and quantity ordered and are free from any defects.
7.9 Incomplete or partial deliveries or goods damaged in transport must be reported to NOVACLOUD’s head office within 2 (two) business days of receipt.
7.10 All goods taken on an evaluation, approval or demonstration basis or all goods taken on consignment by the CLIENT are deemed sold to the CLIENT within 10 (ten) working days of issue if not returned to NOVACLOUD in a perfect condition in the original packaging and with all accessories and manuals intact.

8. General
8.1 The CLIENT agrees to the jurisdiction of the Magistrate’s Court in terms of section 45 of Magistrates’ Court Act 32 of 1944 for the recovery of any amount due to NOVACLOUD. Notwithstanding the aforesaid NOVACLOUD shall be entitled to institute action in any other court of competent jurisdiction.
8.2 Notwithstanding any indulgence, concession or extension granted to the CLIENT by NOVACLOUD from time to time, all amounts due to NOVACLOUD shall become due and payable immediately and shall attract interest at a rate equal to that prescribed in terms of the Prescribed Rate of Interest Act compounded monthly in arrears, in the event that the client fails to pay any amount owed to NOVACLOUD when due, breaches this or any other agreement between the CLIENT and NOVACLOUD, or commits any act of insolvency, or if the CLIENT becomes subject to business rescue proceedings, or if the CLIENT suffers any judgment against it which remains unsatisfied for 14 days after such judgment becomes final.
8.3 NOVACLOUD shall be entitled to cede or pledge his interests herein or to trade therewith at his own discretion without the consent of the CLIENT. It may also consent to any alteration, release, relaxation or postponement of the terms hereof and such action shall not be binding on the NOVACLOUD in any way whatsoever unless it has indicated in writing that such action shall be binding.
8.4 NOVACLOUD may allocate any payment to capital, interest, costs or any other item as he deems fit despite any allocation made or deemed to be made by the CLIENT.
8.5 A certificate issued and signed by any director of NOVACLOUD, whose authority need not be proved, in respect of any indebtedness of the customer to NOVACLOUD or in respect of any other fact, including but without limiting the generality of the a foregoing, the fact that such goods were sold and delivered and/or services provided, shall be prima facie proof of the customer’s indebtedness to NOVACLOUD and prima facie proof of delivery of the goods in terms of this contract.
8.6 Under no circumstances shall any supply of goods or services to the CLIENT mean or imply that any intellectual property rights are transferred by NOVACLOUD to the CLIENT. No copyright or other intellectual property right shall accrue to the CLIENT by virtue of work done for or services rendered to the CLIENT by NOVACLOUD, and all such rights arising from the said work or services shall accrue exclusively to NOVACLOUD unless otherwise agreed in writing and signed by both parties.
8.7 The CLIENT shall not under any circumstances, whether directly or indirectly, itself or with or through any other person, persuade, solicit or entice any employee, supplier or other client of NOVACLOUD to terminate their relationship with NOVACLOUD, or otherwise significantly prejudice such relationship. The CLIENT hereby acknowledges that the aforesaid restraint is reasonably necessary to protect the goodwill and legitimate interests of NOVACLOUD, and will endure for a period of 24 months from the date on which NOVACLOUD last supplied any goods or services to the CLIENT.
8.8 NOVACLOUD reserves the right in its sole discretion to vary or amend these terms and conditions from time to time and any such amended or varied terms and conditions shall be binding on the CLIENT from the time that the amended or varied terms are published by NOVACLOUD.
8.9 This contract represents the entire agreement between NOVACLOUD and the CLIENT and shall govern all future contractual relationships between NOVACLOUD and the CLIENT.
8.10 No amendment and/or alteration and/or variation and/or deletion and/or addition and/or cancellation of these terms and conditions, whether consensual or unilateral or bilateral shall be of any force and effect unless reduced to writing and signed by a director of NOVACLOUD. No agreement, whether consensual or unilateral or bilateral, purporting or obligate NOVACLOUD to sign a written agreement to amend, alter, vary, delete, add or cancel these terms and conditions shall be of any force and effect unless reduced to writing and signed by a director of NOVACLOUD.
8.11 No relaxation or indulgence with NOVACLOUD may grant the CLIENT shall prejudice or be deemed to be a waiver of any NOVACLOUD rights in terms of these terms and conditions.
8.12 The CLIENT shall not cede its rights nor assign its obligations under these terms and conditions.
8.13 The CLIENT undertakes to notify NOVACLOUD within 7 (seven) days of any change of address or change in member, director, shareholder, address or the information as set out in the Dealer Application.
8.14 The headings in this document are included for convenience and are not to be taken into account for the purpose of interpreting this contract.
8.15 Each of the terms herein shall be a separate and divisible terms and if any such term becomes unenforceable for any reason whatsoever, then that term shall be severable and shall not affect the validity of the other terms.
8.16 The CLIENT undertakes to inform NOVACLOUD in writing at least 14 (fourteen) days prior to the intended selling or alienating of the whole of or any part of the CLIENT business and failure to do so will constitute a material breach of this contract entitling NOVACLOUD to cancel the contract without further notice to the CLIENT.
8.17 The CLIENT understands that the personal information given in the Dealer Application form may be used by NOVACLOUD for the purposes of assessing credit worthiness.
8.18 The CLIENT hereby consents to and authorises NOVACLOUD at all times to furnish credit information concerning the CLIENT’s dealing with NOVACLOUD to a credit bureau and to any third party seeking a trade reference regarding the CLIENT in his dealings with NOVACLOUD.
8.19 Arbitration:
a) NOVACLOUD may refer any dispute arising from or in connection with this contract to arbitration which arbitration award shall be final and binding on the CLIENT and NOVACLOUD.
b) The arbitrator will be a person agreed upon by the parties or failing agreement, appointed by the Arbitration Foundation of Southern Africa, who shall then finally resolve the dispute or issue in accordance with the Rules of the Arbitration Foundation of SA.
c) The arbitration must be held at the place and in accordance with whatever procedures, the arbitrator considers appropriate.

Novacloud (Pty) Ltd (“Business”) PRIVACY POLICY

INDEX

  1. INTRODUCTION
  2. COLLECTION OF PERSONAL INFORMATION
  3. CATEGORIES OF PERSONAL INFORMATION WE MAY PROCESS
  4. SPECIAL PERSONAL INFORMATION
  5. PURPOSES OF PROCESSING AND LEGAL BASES FOR PROCESSING
  6. DISCLOSURE OF PERSONAL INFORMATION TO THIRD PARTIES
  7. INTERNATIONAL TRANSFER OF PERSONAL INFORMATION
  8. DATA SECURITY
  9. DATA ACCURACY
  10. DATA MINIMISATIONS
  11. DATA RETENTION
  12. YOUR LEGAL RIGHTS
  13. COOKIES AND SIMILAR TECHNOLOGIES (IF APPLICABLE)
  14. DIRECT MARKETING
  15. CONTACT DETAILS
  1. INTRODUCTION

1.1 The Business is committed to protecting and respecting your privacy. This privacy policy (“this Policy”) sets out how the Business uses, protects and processes any information that we collect from a Data Subject (“you”) and that you provide to us.

1.2 The Business abides by the Protection of Personal Information Act, No 4 of 2013 (POPIA).

1.3 By providing us with your Personal Information, you –

1.3.1 agree to this Policy and authorise us to process such information as set out herein; and

1.3.2 authorise the Business, its service providers and business partners to process your Personal Information for the purposes stated in this Policy.

1.3 We will not use your Personal Information for any other purpose than that set out in this Policy and will endeavour to protect your Personal Information that is in our possession from unauthorised alteration, loss, disclosure or access.

1.4 Please note that we reserve the right to amend and update this Policy from time to time.

1.5 This Policy applies to the Business’s employees and/or any other person, including without detracting from the generality thereof, any juristic or natural person, employees, prospective employees, employment candidates, service providers, Operators, customers and consumers, governmental, provincial and municipal agencies or entities, regulators, persons making enquires and/or third parties, including all associated, related and/or family members of such Data Subjects or any person who may be acting on behalf of/or in a representative capacity in respect of the Data Subject, and from whom the Business receives Personal Information.

1.6 The Business will only process Personal Information referred to in section 57(1) of POPIA upon obtaining prior authorisation in accordance with section 58(1) of POPIA and subject to section 57(3) of POPIA.

1.7 Capitalised terms used in this Policy have the meanings ascribed thereto in section 1 of POPIA, unless otherwise defined herein.

  1. COLLECTION OF PERSONAL INFORMATION

2.1 We collect and process your Personal Information mainly to provide access to our service/s and to help us improve our offerings.

2.2 The type of information we collect will depend on the purpose for which it is collected and used. We will only collect information that we need for that purpose.

2.3 We collect information directly from you where you provide us with your personal details, for example when you apply for employment, solicit services from us or when you submit either your details or enquiries to us.

2.4 Where possible, we will inform you what information you are required to provide to us and what information is optional.

2.5 Website usage information is collected using “cookies” which allows us to collect standard internet visitor usage information (if applicable).

2.6 We will not intentionally collect and process the Personal Information of a Child unless we have the permission of a Competent Person.

  1. CATEGORIES OF PERSONAL INFORMATION WE MAY PROCESS

The Personal Information we may process includes, but is not limited to the following:

3.1 Name and physical address, email addresses, telephone numbers, contact details, and details of your public social media profile(s);

3.2 Demographic attributes, when tied to Personal Information that identifies you;

3.3 Transactional data, including products and services ordered, financial details and payment methods;

3.4 Data from surveys and publicly available information, such as social media posts and professional profiles available in the public domain, e.g. LinkedIn, Twitter or Facebook;

3.5 Your curriculum vitae, skillset (if not already covered in your CV), job preferences, your eligibility to work, current and desired salary and employment conditions;

3.6 Information about a device you use, such as browser, device type, operating system, the presence or use of “apps”, screen resolution, and the preferred language;

3.7 Consent records: records of any consents you may have given, together with the date and time, means of consent and any related information;

3.8 Employer details: where you interact with us in your capacity as an employee of an organisation, the name, address, telephone number and email address of your employer, to the extent relevant; and

3.9 Payment details: billing address; payment method; bank account number or credit card number; invoice records; payment records; SWIFT details; IBAN details; payment amount; payment date; and records of cheques;

3.10 Data relating to your visits to our website: your device type; operating system; browser type; browser settings; IP address; language settings; dates and times of connecting to a website; and other technical communications information (if applicable).

  1. SPECIAL PERSONAL INFORMATION

Where we need to process your Special Personal Information, we will do so in the ordinary course of our business, for a legitimate purpose, with your consent and in accordance with applicable laws.

  1. PURPOSES OF PROCESSING AND LEGAL BASES FOR PROCESSING

5.1 We will only process your Personal Information in the furtherance of our main business activity in the following sector:

IT Consulting

We will primarily use your Personal Information only for the purpose for which it was originally or primarily collected. We will use your Personal Information for a secondary purpose only if such purpose constitutes a legitimate interest and is closely related to the original or primary purpose for which the Personal Information was collected. We may subject your Personal Information to Processing during the course of various activities, including, without limitation, the following –

5.1.1 operating our business;

5.1.2 to analyse, develop, improve and optimize the use, function and performance of our products and services;

5.1.3 compliance with applicable law; and

5.1.4 to manage the security of our sites, networks and systems;

5.1.5 for the purpose of making contact with you and attending to your enquiries or requests;

5.1.6 for the purpose of carrying out actions for the conclusion and performance of a contract between the Business and yourself / the Data Subject;

5.1.7 for the purpose of pursuing your and/or the Business’s legitimate interests, or that of a third party to whom the Personal Information is supplied;

5.1.8 for the purpose of providing, maintaining and improving the Business’s products and services, and to monitor and analyse various usage and activity trends pertaining thereto;

5.1.9 for the purpose of performing internal operations, including management of employees, the performance of all required functions of the Business, attending to financial matters including budgeting, planning, invoicing, facilitating and making payments sending receipts and generally providing commercial support, where needed, requested or required;

5.1.10 for the purpose of preventing fraud and abuse of the Business’s processes, systems, procedures and operations, including conducting internal and external investigations and disciplinary enquires and hearings;

5.1.11 for safety and security purposes; and

5.1.12 to comply with applicable laws.

5.2 You agree that the Business may use all the Personal Information which you provide to the Business, which the Business requires for the purposes of pursuing its business objectives and strategies.

  1. DISCLOSURE OF PERSONAL INFORMATION TO THIRD PARTIES

6.1 We may disclose your Personal Information to our clients and business partners, for legitimate business purposes, in accordance with applicable law and subject to applicable professional and regulatory requirements regarding confidentiality. In addition, we may disclose your Personal Information –

6.1.1 if required by law;

6.1.2 to third party Operators (including, but not limited to, data processors such as providers of data hosting services and document review technology and services), located anywhere in the world, subject to 6.2;

6.1.4 to provide information to third party service providers who process information on our behalf to help run some of our internal business operations including email distribution, IT services and customer services;

6.1.5 to any relevant party for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including, but not limited to, safeguarding against, and the prevention of threats to, public security; and

6.1.7 to any relevant third-party provider, where our website uses third party advertising, plugins or content.

6.2 If we engage a third-party Operator to process any of your Personal Information, we recognise that any Operator who is in a foreign country must be subject to a law, binding corporate rules or binding agreements which provide an adequate level of protection similar to POPIA. We will

review our relationships with Operators we engage and, to the extent required by any applicable law if force, we will require such Operators to be bound by contractual obligations to –

6.2.1 only process such Personal Information in accordance with our prior written instructions; and

6.2.2 use appropriate measures to protect the confidentiality and security of such Personal Information.

  1. INTERNATIONAL TRANSFER OF PERSONAL INFORMATION

7.1 We may transfer your Personal Information to recipients outside of the Republic of South Africa.

7.2 Subject to 6.2, Personal Information may be transferred outside of the Republic of South Africa provided that the country to which the data is transferred has adopted a law that provides for an adequate level of protection substantially similar to POPIA, the Operator/third party undertakes to protect the Personal Information in line with applicable data protection legislation and the transfer is necessary in order to provide the Business’s products and services.

  1. DATA SECURITY

8.1 We implement appropriate technical and organisational security measures to protect your Personal Information that is in our possession against accidental or unlawful destruction, loss, alteration, unauthorised disclosure, unauthorised access, in accordance with applicable law.

8.2 Where there are reasonable grounds to believe that your Personal Information that is in our possession has been accessed or acquired by any unauthorised person, we will notify the relevant regulator and you, unless a public body responsible for detection, prevention or investigation of offences or the relevant regulator informs us that notifying you will impede a criminal investigation.

8.3 Due to the fact the internet is an open system, the transmission of information via the internet is not completely secure. Although we will implement all reasonable measures to protect your Personal Information that is in our possession, we cannot guarantee the security of any information transmitted using the internet and we cannot be held liable for any loss of privacy occurring during the course of such transmission.

  1. DATA ACCURACY

The Personal Information provided to the Business should be accurate, complete and up to date. Should Personal Information change, the onus is on the provider of such data to notify the Business of the change and provide the Business with the accurate data.

  1. DATA MINIMISATIONS

The Business will restrict its Processing of Personal Information to data which is sufficient for the fulfilment of the primary purpose and applicable legitimate purpose for which it was collected.

  1. DATA RETENTION

The Business shall only retain and store Personal Information for the period for which the data is required to serve its primary purpose or a legitimate interest or for the period required to comply with an applicable legal requirement, whichever is longer.

  1. YOUR LEGAL RIGHTS

You may have rights under the South African and other laws to have access to your Personal Information and to ask us to rectify, erase and restrict use of your Personal Information. You may also have rights to object to your Personal Information being used, to ask for the transfer of Personal Information you have made available to us and to withdraw consent to the use of your Personal Information.

  1. COOKIES AND SIMILAR TECHNOLOGIES (IF APPLICABLE)

13.1 We may process your Personal Information by our use of cookies and similar technologies.

13.2 Cookies are small software programs that install themselves on your computer or your mobile device. They store data specific to a particular user and remember your preferences about our website. Cookies are stored on your computer or mobile device for various lengths of time. Every time you return to our website and browse it, cookies record this data, which is then transmitted to us or to third parties with whom we work.

13.3 We may collect information about your computer, including where available, your operating system, browser type, third-party software installed on your device, installation and uninstallation rates, the language of your device and computers manufacturer, screen size and model of the device and any other technical information for system administration and to report aggregate information to our advertisers. This statistical data about our users’ browsing actions and patterns is derived from your Personal Information but is not considered Personal Information in law as does not identify any individual.

13.4 When you visit our website, we may place cookies onto your device, or read cookies already on your device, subject always to obtaining your consent, where required, in accordance with applicable law. We use cookies to record information about your device, your browser and, in some cases, your preferences and browsing habits. We may process your Personal Information through cookies and similar technologies.

  1. DIRECT MARKETING

We may process your Personal Information for the purposes of providing you with information regarding services that may be of interest to you. You may unsubscribe for free at any time.

  1. CONTACT DETAILS

You may contact us at:

Information Officer

Attention: Johan Meintjies

Telephone: 0835010998

Email: johan@novacloudsa.co.za

Other Details
ID: 2015/231020/07
VAT: 4720272857
ICASA ECNS License: 0978/CENS/DEC/2017
ICASA ECS: 0978/CECS/DEC/2017
OUR LOCATION
Unit 2A | 12 Victoria Link | Route 21 Business Park | Centurion | 0178
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Copyright by NovaCloud (Pty) Ltd. All rights reserved.

Copyright by NovaCloud (Pty) Ltd. All rights reserved.