Terms of Service & POPIA

These Terms contain several words and phrases which have specific meanings and most of which are capitalised. Our Glossary contains these words and phrases.

Glossary

The following words and phrases bear the meanings assigned to them below and related expressions bear corresponding meanings:

• “3rd Party” means a party other than the member or “EASYBONDS”
• “EASYBONDS”, “our”, “us” and “we” means or are references to EASYBONDS (Pty) Ltd a company incorporated in accordance with the laws of South Africa.
• “member”, “you” means a natural person who contracts with EASYBONDS (Pty) Ltd by way of subscription for the use of EASYBONDS services;
• “Content” means all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which may be protected by copyright;
• “ECT Act” means the Electronic Communications and Transactions Act 25 of 2002 (as amended from time to time as well as any regulations issued in terms of this Act)
• “Intellectual Property” means all works, including literary works, pictorial, graphic and sculptural works, architectural works, works of visual art, and any other work that may be the subject matter of copyright protection; advertising, marketing and promotional concepts, ideas, proposals and slogans (whether or not subject to copyright); information; data; formulas; designs; models; drawings; computer programs; including all documentation, related listings, design specifications, and flowcharts; trade secrets; and any inventions, including all processes, machines, and compositions of matter, and any other invention that may be the subject matter of patent protection; and all statutory protection obtained or obtainable thereon;
• “Intellectual Property Rights” means rights, whether registered or unregistered, including applications for and rights to obtain or use Intellectual Property;
• “Party” means either “EASYBONDS”, member or subscriber as the context may indicate (“Parties” has a corresponding meaning);
• “Personal Information” bears the meaning contained in the Promotion of Access to Information Act (No. 2 of 2000), as amended from time to time;
• ” Processing” means any operation or activity or any set of operations, whether by automatic means, concerning personal information, including:
  • The collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation, or use;
  • Dissemination by means of transmission, distribution or making available in any other form; or
  • Merging, linking, as well as restriction, degradation, erasure, or destruction of information.
  • “Service” means the services provided by EASYBONDS through which includes the marketing of various products and services to users by means of SMS, email, automated voice messaging and online marketing also set out in Annexure A hereto;
  • “South African Law” means all and any laws and regulations of the Republic of South Africa, including but not limited to applicable codes of conduct, as may be promulgated, or amended from time to time;
  • “Terms” means these terms and conditions which govern use of the service, as amended from time to time to be read with the Privacy Policy;
  • ”A website” (whether it be the website affiliated with EASYBONDS or a 3rd Party Website), means to visit, load in a web browser, mobile phone or similar software application or device or otherwise engage with a website. By clicking on the applicable button on any of “EASYBONDS’s” electronic media channels and/or distribution channels, including but not limited to its websites, mobile sites, Facebook and/or other mobile applications with any of the mobile telecommunications network providers, you confirm that you, as the user to the Services, have read, understood, and agreed to these Terms.
    
    

We respect the privacy of our visitors and are committed to preserving your online safety by always preserving your privacy when you visit or communicate with us via our site.

Our Terms of Use and Privacy Policy offers you a thorough explanation regarding your personal data provided to us or any data we may collect from you. This Privacy Policy is updated from time to time; therefore, it should be reviewed occasionally. You agree to our Terms & Conditions, Privacy Policy and consent for us to do the required credit checks and obtain any supporting documentation that may be required to facilitate your application i.e ID verification, salary advice and or Bank Statement. 

Collected Information

Data can be collected and processed during the operations of our website. The following are ways we may perform these actions:

• Data regarding your visit(s) to our website and any resources used are collected. The following is included and not limited to: location data, weblogs, traffic data, and any other communication information.
• Any forms you filled out on our site allows us to collect data such as registering for information or when you complete a purchase.
• If for any reason you communicate with our personnel or site we may collect information.

Cookie Usage

There are instances where we may use cookies to gather information regarding our services in a mathematical collection for our website and our advertisers.

Any information collected will not have any identifying data. It is statistical data about our visitors and how they have used our site. No personal details will be shared that could identify you.

We may assemble information about your common internet use with a cookie file. When used, the cookies are downloaded to your computer automatically. The cookie is stored on the hard drive, with transferred information. The data sought by the cookie helps us improve our website and any service offered to you.

Your browser can decline cookies. This is done by setting your browser options to decline all cookies. Note: if you do decline the download of cookies, some aspects of our site may not work or allow you access.

Our advertisers may download cookies to which we have no control. If used, these cookies are downloaded by clicking on an advertisement found on our website. 

Our Use of Your Information

Information stored or collected regarding you helps us improve and offer services you need. The following list contains how we might use your data:

• Any request you make of our site or personnel allows us to use information you provided us with, relating to the products or services we have. We may also send information on products or services you may be interested in, if consent has been received.
• Contract Commitments: To meet any Commitment, we make to you.
• Changes or Improvements made to the site can warrant use of your information, regarding notifications of such changes.
• An existing customer may be contacted regarding products and services related to any item of previous sale you made on our site.
• We may use data or allow third parties to use information that is not related to goods or services you may be interested in. We or third parties contact you only if consent has been provided by you at anytime, based on information we collected.
• Any new customer can only be contacted by us or third parties if consent has been offered via our site. We only send communications you have consented to.
• Anyone who does not wish to give consent for our site or third party use has the opportunity to decline. Once we receive your withhold for consent we will remove your details from any mailings or third party communications.
• None of the information collected about you will offer identifiable characteristics. Information shared to a third party is statistical only. We will not reveal who you are, only mathematical information about our visitors.
  
  

Personal Data Storage

• Locations outside the European Economic Area may be used for transferring data we collect about you. These data sites are for storing or processing of your information. The information we share outside the European Economic Area may be shared with staff based on the process and storage of said data. It may include such processes as processing a payment or offering support for your service or product needs. The staff processing or storing information may work for our suppliers outside the European Economic Area. By submitting your data to use you have agreed to this transfer and storage of data. We take all reasonable action to ensure the safety of your personal data in agreement with this Privacy Policy.
• Information we are provided will be stored on secure servers. Transaction data is encrypted for your safety.
• You should understand data via online transmission is not completely secure. We cannot guarantee full protection and security data, only that we take all reasonable action to protect information sent to us electronically. Transmission of any data by you is at your own risk. Where applicable you may be given access to sections of our site that require a password. You a responsible for the password’s safety and confidentiality.
  
  

Opt-Out

If you wish to retrieve supplied information or Opt-Out, please contact us

Information Disclosure 

• At times we may disclose personal information to persons in our group. This can include subsidiaries, holding companies, or any other subsidiaries involved in our business, if applicable.
• Third Party disclosure may occur for the following reasons:
  • Selling any or all our business to a third party may result in sharing your information.
  • At any time when we are legally required to, we may disclose information about you and your visits to our sites.
  • To prevent fraud and help in fraud protection to reduce credit risk, we may disclose information.
    
    

Third Party Links

• Third party links may be discovered on our site. These third-party links have their own privacy policy, which you agree to when you click on the link. We are not responsible, nor do we accept responsibility for third party links. Our liability covers us only on our site, and thus we do not accept liability for third party links as we have no control over them.
  
  

Information Accessibility

• We cannot withhold data we collect about you. If you wish to have access about our data collection on you, please, please contact us. An administration fee may be rendered. The fee covers our costs for processing your request and getting the data to you. Please use the contact details below to formulate your data access request.
  
  

Contacting Us

• Please feel free to contact us with queries, requests, or comments you may have about our Privacy Policy. We welcome any communication. Please view our contact page for details.

THE PROTECTION OF PERSONAL INFORMATION ACT – CUSTOMER PRIVACY NOTICE AND PRIVACY POLICY

This Notice explains how we obtain, use and disclose your personal information, in accordance with the requirements of the Protection of Personal Information Act (“POPIA”). At Easybonds we are committed to protecting your privacy and ensuring that your personal information is collected and used properly, lawfully and transparently. 

About the Company

Easybonds (PTY) LTD 

The Information we collect 

We collect and process your personal information mainly to contact you for the purposes of understanding your requirements and delivering services accordingly.  For this purpose, we will collect contact details including your name and/or organisation.

We collect information directly from you where you provide us with your personal details.  Where possible, we will inform you what information you are required to provide to us and what information is optional.

Website usage information may be collected using “cookies” which allows us to collect standard internet visitor usage information. 

How we use your information

We will use your personal information only for the purposes for which it was collected and agreed with you.  In addition, where necessary your information may be retained for legal or research purposes.

For example:

• To gather contact information.
• To confirm and verify your identity or to verify that you are an authorised user for security purposes.
• For the detection and prevention of fraud, crime, money laundering or other malpractice.
• To conduct market or customer satisfaction research or for statistical analysis.
• For audit and record-keeping purposes.
• In connection with legal proceedings.
  
  

Disclosure of information

We may disclose your personal information to our service providers who are involved in the delivery of products or services to you. We have agreements in place to ensure that they comply with the privacy requirements as required by the Protection of Personal Information Act.

We may also disclose your information:

• Where we have a duty or a right to disclose in terms of law or industry codes.
• Where we believe it is necessary to protect our rights.
  
  

Information Security

We are legally obliged to provide adequate protection for the personal information we hold and to stop unauthorized access and use of personal information. We will, on an ongoing basis, continue to review our security controls and related processes to ensure that your personal information remains secure.

Our security policies and procedures cover:

• Physical security.
• Computer and network security.
• Access to personal information.
• Secure communications.
• Security in contracting out activities or functions.
• Retention and disposal of information.
• Acceptable usage of personal information.
• Governance and regulatory issues.
• Monitoring access and usage of private information.
• Investigating and reacting to security incidents.

When we contract with third parties, we impose appropriate security, privacy and confidentiality obligations on them to ensure that personal information that we remain responsible for, is kept secure.

We will ensure that anyone to whom we pass your personal information agrees to treat your information with the same level of protection as we are obliged to. 

Your Rights: Access to information

You have the right to request a copy of the personal information we hold about you. To do this, simply contact us at the numbers/addresses as provided on our website and specify what information you require.  We will need a copy of your ID document to confirm your identity before providing details of your personal information. 

Correction of your Information

You have the right to ask us to update, correct or delete your personal information. We will require a copy of your ID document to confirm your identity before making changes to personal information we may hold about you. We would appreciate it if you would keep your personal information accurate. 

Definition of personal information

According to the Act ‘‘personal information’’ means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person. Further to the POPI Act, Easybonds also includes the following items as personal information:

• All addresses including residential, postal and email addresses.
• Change of name – for which we require copies of the marriage certificate or official change of name document issued by the state department.
  
  

How to contact us

If you have any queries about this notice; you need further information about our privacy practices; wish to withdraw consent; exercise preferences or access or correct your personal information, please contact us at the numbers/addresses listed on our website www.easybonds.net or info@easybonds.net       

Direct Marketing

We would like to provide you with information about new products, promotions, special offers and other information from us and our 3rd Party Providers, which we think you may find interesting. You agree and consent that we as well as our 3rd Party Providers may send you such information by various electronic communication channels, such as email, AVM, SMS, post, whatsapp or telephone. You may opt-out of our direct marketing campaigns at any time, at which point we or our 3rd Party Providers (depending on the opt-out actioned), will not send you any direct marketing material related to a specific service or associated campaign. If we are providing you with Services you will also be subject to the specific terms and conditions relating to the products or services you are being provided and these terms will include additional information as to how we may contact you. If you are a new client or you have previously asked us for information on our products, we may send you information on our range of products by email where we have your permission to do so.

Maintenance of the Website

We will use our reasonable efforts and skills to maintain the website. The website is subject to change from time to time. No one will be eligible for any compensation should the use of any part of the website be affected in anyway and or because of a failure, suspension or withdrawal of all or part of the website due to circumstances beyond our control. We may: • modify or withdraw, temporarily or permanently, the website (or any part of it) with or without notice to you and you agree that we will not be liable to you or any third party for any modification to or withdrawal of the website; and • change these terms from time to time with or without notice to you, and your continued use of the website (or any part of it) following such change will be deemed to be your acceptance of the change.

Monitoring and Our Right to Unsubscribe

We hold the right in our sole and absolute discretion, to monitor any activity and content associated with the website. We may investigate any reported violation of these terms or complaints and take any action that we may deem appropriate which may include, but is not limited to, issuing warnings, suspending, terminating, or attaching conditions to your access, or the removal of any materials from the website. We will in our sole discretion terminate our services and unsubscribe any user where we see fit due to misconduct and misuse of this our website.

Electronic Communications

By visiting our website or sending e-mails to us, you are communicating with us electronically. Your use of the website will be deemed your consent to receive communications from us electronically which will allow us to communicate with you via e-mail, SMS or any other electronic means. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, satisfy all legal requirement that such communications be in writing.

Intellectual Property Rights

All content included on the website, including but not limited to, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is our property or the property of our content suppliers and is protected by international intellectual property laws. All software used on the website is our property or that of our software suppliers and is protected by international intellectual property laws. The registered and unregistered trademarks, names, logos and service marks displayed on the website belong to us. Nothing contained on the website, except as expressly stated in these terms, will be construed by you as the granting of any license or right to use any trademark without our prior written permission. All rights in and to the content and trademarks are reserved and retained by us or our content suppliers. You further acknowledge that we, or our content suppliers, are the proprietors of all the content and trademarks on the website, whether it constitutes confidential information or not, and that you hold no right, title or interest in any such material.

Liability

These Terms contain provisions which limit our exposure to legal liability and even make you responsible for a variety of acts. Some of these provisions do have the effect of limiting your rights in law and conferring obligations on you by virtue of your agreement with this Policy. All references to EASYBONDS or its affiliates herein will include a reference to their shareholders, promoters, employees, representatives, directors, agents, consultants, advisers, subcontractors, and any other Persons acting for or on their behalf in the provision of any service and/or product contemplated or provided for herein. Neither EASYBONDS nor any of its affiliates is or will be liable for any loss or damages of any nature whatsoever suffered by the User or any other Person arising out of or in connection with:

• any act or omission of EASYBONDS or its affiliates, save for any act or omission which is wilfully intended to cause loss or is grossly negligent; and/or
• a breach of this Agreement by the User;
• any interruption, delay, suspension, defect or failure in the distribution or reception of the selected service beyond EASYBONDS’s reasonable control. Notwithstanding any express exclusion of liability recorded herein, neither EASYBONDS nor any of its affiliates will be liable for any loss or damage of any nature, including direct, indirect, special, or consequential damages, including loss of profits, suffered by the User or any third party or person arising from any cause, except where such loss or damage is caused by the intentional or grossly negligent acts or omissions of EASYBONDS or any of its affiliates. The member hereby indemnifies and holds EASYBONDS and all its affiliates harmless against any claim brought by any third party or person against EASYBONDS and any of its affiliates:

• arising out of a breach by the member of the provisions of this Agreement; and/or
• because of access to or use by a third party or person of the selected service; and/or
• associated with the provision of the selected service to the User.

Force Majeure

EASYBONDS will not be liable for failure to perform if the failure is attributable (wholly, partially, or late), to some unforeseen event or circumstance beyond its reasonable control which prevents it from performing, timeously or otherwise. This will not be limited to technical problems or downtime related to a fixed line or mobile tele-communications provider which, in each case, is beyond EASYBONDS’s reasonable control, having exercised reasonable care and diligence to prevent and/or mitigate against the occurrence and/or consequences of that event or circumstance.

Indemnity

EASYBONDS has no and will not have any liability to the member, as the case may be, including but not limited to any member of his or her household or any third party or other Person as a result of or in connection with electronic messaging (save as may result from EASYBONDS’s gross negligence) whether by EASYBONDS, by member and or , as the case may be, or by a third party or other Person, using any Service, as the case may be. The member hereby indemnifies and holds EASYBONDS harmless against any loss or harm that the member including but not limited to any member of his or her household or any third party or other Person, may suffer or incur because of any such communications, hereby waiving all and/or any rights and/or claims of whatsoever nature in that regard. You indemnify, defend and hold harmless EASYBONDS and their affiliates from and against all losses, liability, expenses, damages and costs, including all attorney’s fees, arising out of or related to any breach of the terms of use.

3rd Party Goods, Services and Websites

Your use of those 3rd Party goods and/or services which you may link to or access through your use of the service may be subject to this Policy and/or the terms and conditions applicable to those 3rd party goods and/or services. You agree that it remains your obligation to familiarise yourself with 3rd Parties’ terms and conditions and to comply with both them and these Terms. In the event there is a conflict between this Policy and 3rd Party’s terms and conditions, this Policy shall prevail to the extent of the conflict for the purposes of your service use. Links to and from the service from and to 3rd Party services or websites does not constitute EASYBONDS’s endorsement of these 3rd Party services or websites or their contents, nor does EASYBONDS necessarily associate itself with their owners or operators. You are solely responsible for identifying and familiarising yourself with any terms and conditions which will govern your relationship with 3rd parties operating the 3rd Party services or websites. EASYBONDS has no control over 3rd Party services or websites, and you agree that we are not responsible for any content, information, goods or services available on or through any 3rd Party websites or for any losses caused or alleged to be caused by or in connection with your use of or reliance on any such content, information, goods or services available on or through any 3rd Party services or websites. You agree that where you access 3rd Party services or websites, you do so entirely at your own risk. Your interaction, correspondence or business dealings with 3rd parties which are referred to or linked from or to the service is similarly entirely at your own risk and are solely between you and that 3rd Party including the acquisition, disposal, payment and delivery of any goods or services, and any terms, conditions, warranties, or representations associated with such interaction, correspondence or business dealings.