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SIMPLYPUT – PRIVACY POLICY
PLEASE READ CAREFULLY
Definitions
1. In this privacy policy (“Privacy Policy”):
a. “Company” means SimplyPut (Pty) Ltd, registration number 2023/527667/07, and its successors-in-title or assigns;
b. “Services” means the SimplyPut© application and any other software, applications, websites and Services whatsoever which are owned and made available by the Company at any time;
c. “Terms and Conditions” means the Company’s terms and conditions, which can be accessed here: www.simplyput.app/#tacs
Terms and Conditions
2. This Privacy Policy must be read with the Terms and Conditions and is deemed to form part of the Terms and Conditions.
POPIA
3. In terms of the Protection of Personal Information Act 4 of 2013 (“POPIA”) the Company commits to processing your personal information lawfully.
4. The Company will collect your personal information each time you download, access or use the Services or contact the Company. Personal information may include (without limitation) your name, email address, mobile number, geo-location, IP address and other unique identifiers.
5. By downloading, accessing or using the Services, you consent:
a. to the collection of your personal information by the Company, whether directly from you or from any other source;
b. to the processing and further processing of your personal information as outlined in the Terms and Conditions or for any lawful purpose;
c. to the sharing of your personal information with any External Service Provider;
d. to the sharing of your personal information with the Company’s service providers as necessary or to any person whom the Company has transferred or proposes to transfer any of its rights and duties as contained in the Terms and Conditions.
6. Your personal information may be used by the Company for any lawful purpose, including (without limitation) to:
a. analyse and improve the Services;
b. analyse and improve the Company’s general service offerings;
c. connect you with External Service Providers;
d. respond to your queries;
e. facilitate purchases;
f. send you marketing material (you can unsubscribe from this at any time using the Company’s contact details below).
7. For the Services to function as intended and to effectively perform the uses above, the Company reserves the right to disclose your personal information to third parties when necessary.
8. There may also be situations where the Company is legally obligated to disclose your personal information to third parties.
9. The Company shall take reasonable steps to keep personal information in its possession secure, and to ensure that any persons to whom personal information is disclosed take similar reasonable steps. However, the Company cannot and does not guarantee the security of your personal information, including any personal information disclosed to a third party.
10. It is compulsory to provide the Company with any personal information that may be required. If you fail to provide the Company with any personal information required, or if you purport to withdraw your consent to the processing of your personal information, the Company will be unable to provide you with the Services and may terminate your access to the Services.
11. We may transfer or store your personal information outside of South Africa but will only do so in accordance with the provisions of POPIA.
12. The Company may retain your personal information for as long as it deems necessary in its discretion, even after you stop using the Services or after you delete any of the Services from your devices.
13. Where applicable or appropriate, you have the right, amongst other things, to:
a. withdraw any of the consents given to the Company in relation to the processing of your personal information (however, the Company may continue to process the personal information to the extent necessary to implement a contract with you, or to protect your legitimate interests, or to protect the Company’s legitimate interests, or to comply with any legal obligation);
b. ask the Company to reveal the personal information in its possession relating to you, and who has had access to that information;
c. ask the Company to correct or delete your personal information which is inaccurate, irrelevant, out of date, incomplete or misleading, provided that you will, on request, provide all such correct and accurate personal information as may be required;
d. ask the Company to destroy or delete any of your personal information if it is no longer lawful for the Company to retain it;
e. object to the Company processing your personal information, on recognised grounds;
f. lodge a complaint with the Information Regulator at:
JD House, 27 Stiemens Street
Braamfontein
Johannesburg, 2001
PO Box 31533
Braamfontein, Johannesburg, 2017
Tel: 010 023 5207
Email: complaints.IR@justice.gov.za / inforeg@justice.gov.za.
14. Please contact the Company using the contact details below if you have any queries relating to this Privacy Policy.
Cookies
15. A cookie is a small text file which is placed on your electronic device when you access the Services. Cookies allow the Company to:
a. recognise you whenever you use the Services, this speeds up your access;
b. obtain information about your preferences, online movements and use of the internet;
c. carry out research and statical analysis to help improve the Company’s content, products and Services and to help the Company better understand its visitors’ requirements and interests;
d. target the Company’s marketing and advertising campaigns more effectively by providing relevant advertisements;
e. generally, make your experience of the Services more enjoyable.
16. By using the Services you consent to the Company’s use of cookies and other similar technologies.
Contact Details
17. Should you wish to contact the Company regarding this Privacy Policy or any related matters, please contact the Company by email at matthew@simplyput.app.
18. The Company’s registered physical address is 5th Floor, The Spinnaker, Albert Terrace, Durban, KwaZulu-Natal, South Africa.
SIMPLYPUT – TERMS AND CONDITIONS
PLEASE READ CAREFULLY
Definitions
1. In these terms and conditions (“Terms and Conditions”):
a.“Company” means SimplyPut (Pty) Ltd, registration number 2023/527667/07, and its successors-in-title or assigns;
b.“Services” means the SimplyPut© application and any other software, applications, websites and Services whatsoever which are owned and made available by the Company at any time;
c.“Privacy Policy” means the privacy policy of the Company, which is deemed to form part of these Terms and Conditions, and which can be accessed here: www.simplyput.app/#privacy
Agreement
1. These Terms and Conditions and the Privacy Policy govern the access or use by you of the Services and related matters.
2. These Terms and Conditions must be read with the Privacy Policy, which is incorporated herein by reference thereto.
3. By downloading, accessing or using any of the Services, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions and the Privacy Policy.
4. You agree that the Company has the right to unilaterally amend the Terms and Conditions or Privacy Policy at any time.
5. The latest version of the Terms and Conditions and Privacy Policy shall:
a.be accessible on the Services each time you access them;
b.apply each time you access or use the Services;
c.continue to apply as between you and the Company even if you no longer use the Services for any reason, or if you delete any user account you might create, or if you delete the Services from your devices.
Licence
6. The Company grants you a limited, non-exclusive, non-sublicensable, non-transferable, revocable licence to access and use the Services (“Licence”).
7. The Licence is provided to you free of charge, at the sole and absolute discretion of the Company and is subject to your compliance with these Terms and Conditions.
8. The Company has the right to suspend or terminate your Licence at any time and for any reason whatsoever, including as a result of your breach of these Terms and Conditions.
9. The Company reserves the right to change or discontinue all or any part of the Services at any time.
Downtime
10. The Company conducts maintenance on the Services from time to time which may result in downtime.
11. The Company is under no obligation to notify you of maintenance or planned downtime.
12. The Company does not provide any guarantee as to the uptime of the Services.
13. The Company shall not be liable for any damages or losses whatsoever arising from any planned or unplanned downtime of the Services.
Devices and Network Access
14. You are responsible for using a compatible device to access and use the Services. The Company does not guarantee that the Services will function on all devices.
15. Your cellular network provider may charge you for accessing the Services or for any usage of the Services. The Company cannot be held responsible for these charges.
16. The Services may not function and/or may experience delays if the device does not have access to the internet.
17. In order for the Services to function as intended, they will require permission to use or access certain files, applications, features or information on your devices. Should you prevent or refuse any such access or permission, we may terminate your use of the Services.
Electronic Communications
18. You consent to receiving communication from the Company using electronic means, including emails, WhatsApp messages and pop-up/push notifications.
19. Any electronic communication sent to you shall be deemed to have been received by you when the communication has entered an information system designated or used for that purpose and is capable of being retrieved and processed by you.
Intellectual Property
20. The Services are and shall remain owned by the Company at all times.
21. Save as provided for in clause 24, all intellectual property rights relating to the Services, and all content and data on the Services (including all content that is made available to you and data that is captured or produced by you), are and shall remain owned the Company at all times, and the Company asserts its copyright in this regard.
22. Without derogating from any of the Company’s rights, you are prohibited from:
a. accessing the Services without permission;
b. using, reproducing or disseminating any content or data on the Services;
c. using, reproducing or disseminating the source code of the Services;
d. copying or altering the Services and any content or data on the Services;
e. impairing the functionality of the Services;
f. undermining the security and/or integrity of the systems or networks used by the Services;
g. transferring malware onto the Services;
h. reverse engineering the Services.
External Service Providers
23. The Services provide a platform for external service providers, including legal practitioners, tax practitioners and other professionals, to advertise their services (“External Service Provider”).
24. Any content on the Services that is identified as having been created by an External Service Provider is and shall remain the sole property of such External Service Provider. No such content may be used, reproduced or disseminated without the prior written consent of the relevant External Service Provider and the Company.
25. Each External Service Provider is separate and distinct legal entity in relation to one another and the Company. The Company does not warrant the suitability or fitness of any External Service Provider.
26. The Company shall not be party to any contractual or other relationship between you and any External Service Provider, and you will be solely liable for any of the External Service Provider’s fees and charges.
27. Should you decide to engage with an External Service Provider, you do so voluntarily and at your own risk. The Company shall not bear any liability whatsoever in this regard.
DISCLAIMERS
28. THE SERVICES ARE INTENDED TO BE USED ONLY FOR THE PURPOSES OF GENERAL INTEREST.
29. NO CONTENT OR DATA ON THE SERVICES SHALL BE CONSTRUED AS ADVICE OF ANY NATURE.
30. NO PERSON MAY RELY ON ANY CONTENT OR DATA PROVIDED ON THE SERVICES.
31. THE COMPANY DOES NOT GUARANTEE OR WARRANT:
- THE OPERATION OR SECURITY OF THE SERVICES;
- CONTINUOUS ACCESS TO THE CONTENT AND DATA ON THE SERVICES;
c. THE SAFETY OR SECURITY OF ANY OF DATA;
d. NO LOSS OR CORRUPTION OF ANY OF YOUR DATA;
e. THE ABSENCE OF ANY INACCURATE, INCOMPLETE OR INADEQUATE CONTENT OR DATA ON THE SERVICES;
f. WHETHER THE SERVICES, THE CONTENT AND DATA ON IT, ANY HYPERLINK OR COMMUNICATION SENT TO YOU IS FREE FROM ANY MALWARE, INCLUDING VIRUSES.
32. YOU AGREE THAT THE COMPANY IS NOT RESPONSIBLE FOR ANY ERRORS, INACCURACIES OR INCOMPLETE INFORMATION WHATSOEVER. IT IS YOUR RESPONSIBILITY TO VERIFY THE ACCURACY OF ANY CONTENT AND DATA ON THE SERVICES.
INDEMNITY AND LIMITATION OF LIABILITY
33. YOU AGREE THAT THE USE OF THE SERVICES IS AT YOUR OWN RISK AND THE COMPANY SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING (DIRECTLY OR INDIRECTLY) FROM YOUR USE OF THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONTINGENT OR CONSEQUENTIAL DAMAGES WHATSOEVER AND HOWSOEVER ARISING, WHETHER BASED ON CONTRACT, DELICT, STRICT LIABILITY OR OTHERWISE.
34. BY USING THE SERVICES, YOU INDEMNIFY AND HOLD THE COMPANY, ITS DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS HARMLESS AGAINST ANY AND ALL CLAIMS (AND THE COSTS INCURRED IN DEFENDING SUCH CLAIMS AND ANY COSTS FOUND TO BE PAYABLE TO THIRD PARTIES IN RESPECT OF SUCH CLAIMS), LIABILITIES, DAMAGES AND LOSSES ARISING (DIRECTLY OR INDIRECTLY) FROM YOUR USE OF THE SERVICES, AND/OR ANY BREACH BY YOU OF THESE TERMS AND CONDITIONS.
Third Party Websites and Applications
35. The Services may contain links to third party websites and applications. The Company provides such links as a convenience and does not endorse the linked websites and applications or the businesses of such third parties.
36. The Company is not responsible for the content on any linked website or application.
37. The Company may have third parties provide services relating to the Services, including development, maintenance and security services. The Company shall take reasonable steps to ensure that such third parties comply with the Company’s policies, including the Privacy Policy.
General
38. These Terms and Conditions are governed by and must be interpreted and construed in accordance with the laws of South Africa.
39. You may not cede any rights under these Terms and Conditions without the prior written consent of the Company.
40. The Company is entitled to cede any of its rights under these Terms and Conditions.
41. Any indulgence by the Company, or failure strictly to enforce these Terms and Conditions, must not be construed as a waiver or be capable of founding an estoppel.
42. If any part of these Terms and Conditions is, for any reason whatsoever, declared or becomes unenforceable, invalid or illegal, these Terms and Conditions must be interpreted so as to exclude the offending provision but retain the essential terms of these Terms and Conditions.
Contact Details
43. Should you wish to contact the Company regarding these Terms and Conditions or any related matters, please contact the Company by email at matthew@simplyput.App.
44. The Company’s registered physical address is 5th Floor, The Spinnaker, Albert Terrace, Durban, KwaZulu-Natal, South Africa.