Peninsula Welfare Association General Terms

SUMMARY OF TERMS

Please note that the summaries below are summaries for your convenience and are not the actual terms

Introduction

These are the General Terms that govern our relationship with you. They include the duration of the Agreement;
fees to be paid to Development & !nnovations Group, further referred to as Peninsula Welfare Association;
when Peninsula Welfare Association is authorised to monitor communications and content;
the appropriate and reasonable measures Peninsula Welfare Association takes to protect the security of your data and our systems;
when Peninsula Welfare Association is authorised to suspend or terminate your services; and
the process followed when resolving disputes.

Summary of our General Terms

1. Commencement: The Agreement will start when Peninsula Welfare Association provides you with a username and password and or once you have signed the acceptance of quotation form and sent it to Peninsula Welfare Association.
2. Acceptance of electronic invoicing: By placing an order through our website, you agree to accept electronic invoices from Peninsula Welfare Association for the purpose of claiming input tax.
3. Changing of service: We may change the features or functionality of any Service over time.
4. Acceptable Use Policy: You must read and comply with the Acceptable Use Policy that relates to your use of our Services.
5. Restriction of access to services: If you breach the Agreement, Peninsula Welfare Association may restrict your access to the Services.
6. Intellectual property rights: You accept that you will get no rights to our intellectual property on our systems.
7. Your Content: You will retain all your intellectual property rights to any of your content you host with us.
8. Your personal information: Peninsula Welfare Association may keep your personal information and use it, for specified purposes. For example:
   to enable us to collect your debit order payment; as well as
   our internal marketing and contract administration,
   unless you specifically tell us that we may not do this.
9. Peninsula Welfare Association’s liability to you is limited. This means that we will not be liable to you for any damages or loss that you may suffer as a result of the fulfilment of the obligations of the terms of the Agreement.
10. Governing law: South African law governs this Agreement
11. Addresses for service: We will use the address you give us as the address to serve legal notices and documents to you.

Summary of specific terms

Our Specific Terms go into more detail and address specific issues around our products.

These terms are an extension of our General Terms

OUR SERVICE AND Consulting Service TERMS (GENERAL TERMS)

(Last updated: April 2016)
Introduction

Peninsula Welfare Association is a South African cybersecurity consultancy service provider that provides a range of cybersecurity Services to its Customers. The Services are given subject to our Terms and Conditions.

1. Definitions

We have given the meanings of some words to be consistent. These words usually begin with a capital letter. Singular words include the plural (and vice versa):

Word	Meaning
AFSA	The Arbitration Foundation of Southern Africa (or any replacement).
Agreement	These General Terms and any specific terms that incorporate (include) these General Terms;
Customer	Is any person identified on the application form for Services or in any addendum;
Customer Data	Any username, password or email address we give the Customer as part of the Services. This excludes Customer Domains we manage as part of the Services;
General Terms	The General Terms and conditions governing the contractual relationship between the parties, supplemented by the Specific Terms;
Our Consulting Service Terms	The General Terms, the Specific Terms, the Acceptable Use Policy, and Privacy Policy.
You or your	The Customer, including a legal entity (such as a company), who enters into an Agreement with Peninsula Welfare Association;
Specific Terms	The terms and conditions which supplement the General Terms and govern the use of individual Services

Peninsula Welfare Association’s Terms

1. These General Terms govern the contractual relationship between us, duly supplemented by the Specific Terms.
2. Unless expressly provided to the contrary in our Consulting Service Terms, if there is a conflict in meaning, the following precedence ranking will apply (from highest to lowest):
   i. the Specific Terms;
   ii. these General Terms;
   iii. the Acceptable Use Policy;
   iv. the Privacy Policy;
   v. other policies that may be introduced by us from time to time which we notify you of;
   vi. any documents incorporated by reference in this Agreement.

Amendment to Our Consulting Service Terms

1. Peninsula Welfare Association reserves the right to make changes to Our Consulting Service Terms at any time without notice. An updated version of our Consulting Service Terms will be posted on the Website.
2. It is your responsibility as a diligent user to check any amended Consulting Service Terms posted on the Website.
3. If you object to any amended Consulting Service Terms, you are entitled to terminate your relationship with us under clause 14.

Customer Status

1. The Customer may be an incorporated entity (such as a company or close corporation), trust, partnership, or individual.
2. If a person enters into the Agreement:- in a representative capacity on behalf of a Customer who is an incorporated entity;
   -- on behalf of an unincorporated entity; or
   -- in any other representative capacity recognised in South African law,the person warrants that:- they are legally authorised to do so and indemnifies Peninsula Welfare Association against any loss or damage that we may sustain resulting from the person’s lack of authority; and- all the information supplied to Peninsula Welfare Association at any time relating to the entity, trust, partnership, association or other person who they represent is true, accurate, and complete.
3. We reserve the right to treat all misrepresentations by you or the person representing you as fraud and the person indemnifies us against any loss or damage that we may sustain resulting from the person’s lack of authority.
4. If we discover that you have fraudulently contracted to receive Services or that your representative has contracted without contractual capacity to do so, we may end the Consulting Service Terms or Services immediately without any further notice to you and you may not claim any restitution or refund of any amount you have already paid, regardless of whether you have used the Services or not.
5. When requested, you must give us sufficient proof of the authority of the person who takes any action or executes documents on your behalf for this Agreement. This includes providing proof that the authorised signatory of your bank account has permission to debit your account.
6. If there is a dispute between individuals or entities you are involved with (including partners, shareholders, trustees, employees), we may act on the representation of a person claiming to be duly authorised to represent you, without having to independently verify the authority.
7. You indemnify us from any action or inaction based on the representation in 5.6. If however we ask you to give Peninsula Welfare Association independent verification of the authority of any individual, you must provide it to us in a format we find reasonably acceptable.

Commencement and Duration

1. Your application is an offer by you to accept Services from Peninsula Welfare Association. The terms relating to the acceptance of the offer are as follows:- Although the website is configured to confirm receipt of any offer (“Confirmation”), technical or other problems may delay or prevent the Confirmation.
   -- We will only have accepted your offer once you have received confirmation.
   -- Although the website is configured to confirm receipt of any offer (“Confirmation”), technical or other problems may delay or prevent the Confirmation.
   -- You must contact us if you do not receive Confirmation from us within a reasonable time period.
   -- Confirmation will not mean that a transaction has been concluded. It merely confirms that we have received the application.
   -- You can accept that we have sent confirmation to you as soon as this is reflected in our log files.
2. We will conclude the agreement in Cape Town, Western Cape.

Service fees

1. You must pay all service fees, as soon as they become due.
2. You must pay the service fees, according to the frequency of payment you select, as described on the website.
3. Where applicable, we will give you a VAT (Please note that Peninsula Welfare Association is not presently VAT registered) invoice in electronic format. You agree that by submitting an application form to us when making application for Services, that the application is seen as your confirmation to accept electronic invoices for claiming input tax.
4. You must pay the service fees by debit order. You authorise us to make the necessary transfers from your designated bank account at the beginning of the month as per your preferred frequency of payment for the duration of Our Consulting Service Terms. You must put the debit order in place within seven days of the Commencement Date. A rejected debit order will accrue a handling fee, per rejection.
5. We reserve the right to amend or vary the service fees and any amendment or variation of the service fees will be seen as an amendment of Our Consulting Service Terms. If we amend the service fees, Peninsula Welfare Association will give you at least 30 days prior notice. If you object to any amended service fees, you may terminate your relationship with us under clause 14.
6. You will not withhold any payment of any amount you owe us for any reason, (except for an actual breach by Peninsula Welfare Association of Our Service or Consulting Service Terms). In addition, you may not demand any discount, refund (other than under clause 7.9), or reduction in respect of any service fees you owe us.
7. The service fee includes value added tax. You agree to pay any increase in Value Added Tax (Please note that Peninsula Welfare Association is not presently yet registered for VAT).
8. You may terminate the Service within:- seven days after the Commencement Date if you decide not to continue subscribing to the Service; or
   -- within 30 days after the Commencement Date if we fail to meet the service levels for Consulting Service services and email services as specified in the Specific Terms, provided that you exercise your right to end the agreement by giving us notice by email to This email address is being protected from spambots. You need JavaScript enabled to view it. . If you terminate the Service for one of the above reasons, Peninsula Welfare Association will refund you any service fees. However you are still liable for any third party costs incurred during this period e.g. domain registration costs (please refer to clause 5 of Peninsula Welfare Association Specific Terms).

Monitoring

1. We monitor our Consulting Service facilities, but not your specific activities. Where we have to intercept communications in accordance with the Regulation of Interception and Provision of Communication-Related Act, 70 of 2003 (“the Monitoring Act”), we will do this according to the requirements of the Monitoring Act.
2. With specific regard to the monitoring of content that is found on a website that belongs to you and which is hosted by Peninsula Welfare Association, we have no knowledge of, nor interest in, Customer content hosted by us or published by us on your behalf using the Services and further we do not in any way contribute to or approve the content.
3. If however we determine that any content is in violation of any law (including the Films and Publications Act 65 of 1996) or of the Acceptable Use Policy, or if we receive a takedown notice from ISPA, as contemplated in section 77 of the Electronic Communications and Transactions Act 25 of 2002, we may:- ask you to remove, amend, or modify the content;
   -- terminate access to any Services or suspend or terminate any Services without notice;
   -- delete the offending content without notice;
   -- notify the relevant authorities of the existence of any content, make any back-up, archive, or other copies of any content; or
   -- take any further steps as required or requested by any authorities without notice.
4. We may disclose any content, material, or data (including any of your data) if:required by law;
   lawfully asked to do so by any authorities, including the South African Police Services pursuant to a subpoena under section 205 of the Criminal Procedure Act 51 of 1977; or
   according to a judicial, administrative or governmental order. We do not have to give you notice.
5. You will have no recourse against us if we act under this clause and you accordingly waive your right to make any claim or demand, or to institute any legal proceedings against us.

Security

1. All Customer Data allocated to you is personal to you and you will be liable for any loss or damage you or third parties have suffered because of your actions or the actions of a person to whom you have disclosed your Customer Data.
2. You authorise us to act on any instruction given by or purporting to originate from you even if it becomes clear that both parties have been defrauded by someone else, unless you have notified us under clause 9.4 before we acted on a fraudulent instruction.
3. If any security violations are reasonably believed to have occurred in connection with your account, we will investigate and, if necessary, change the relevant Customer Data, including access codes and passwords, and notify you immediately.
4. You must tell us immediately if any other person gains access to your Customer Data by  reporting misuse to This email address is being protected from spambots. You need JavaScript enabled to view it. and give us your full co-operation in any investigation we carry out.
5. You indemnify us (hold us harmless) against any claim arising from:- your disclosure of your Customer Data to a third person;
   -- the use of the Customer Data by a third person; or
   -- any resulting action by you or a third party.
6. We reserve the right to take any action we find necessary to preserve the security and reliable operation of our infrastructure. You may not do anything (or permit anything to be done) that will compromise our security.
7. We have systems in place to assist our critical technical infrastructure to recover from a natural or human induced disaster. However, we do not specify any recovery time and are not liable for any loss or damage you suffer as a result of a disaster. You must make back-ups of your data. Nothing contained in Our Consulting Service Terms will be seen as a representation that any back-ups of data we have implemented will be successful or in any way will assist with disaster recovery.

Warranties

1. We warrant that Peninsula Welfare Association has the facilities, infrastructure, capacity, and capability to provide the Services.
2. Despite this warranty, the Services are provided “as is” and “as available”. No warranty of any kind is given, whether express or implied, including warranties of merchantability, title, or non-infringement, except where such a warranty is specifically required by law.

Intellectual Property Rights

1. You must comply with all laws that apply to any intellectual property.
2. You must get our prior written approval before using any of our marks.
3. You grant us non-exclusive licence to use your marks so that we may exercise our rights or fulfil our obligations under Our Consulting Service Terms.
4. Other than as specifically provided for in Our Consulting Service Terms, we retain all Intellectual Property Rights employed in or otherwise related to our network infrastructure, business and the provision of any of the Services under Our Consulting Service Terms.

Customer Indemnities

1. You indemnify (hold us harmless) from any liability arising from civil or criminal proceedings instituted against us or for any loss or damage you or a third party have suffered because of any interruption or unavailability of the Services.
2. You indemnify us and hold us harmless against all losses you have suffered or actions against us as a result of: the use of the Services, or any downtime, outage, degradation of the network, interruption in or unavailability of the Services. Included within the range of downtime, outage, degradation of the network, interruption, or unavailability of the Services is any of the following:- software or hardware service, repairs, maintenance, upgrades, modification, alterations, replacement or relocation of premises affecting the Services,
   non-performance or unavailability of any of the services given by an electronic communications network or service provider, including, line failure, or in any international services or remote mail Servers,
   -- non-performance or unavailability of external communications networks to which you or our network infrastructure is connected, and
   repairs, maintenance, upgrades, modifications, alterations or replacement of any hardware forming part of the Services, or any faults or defects in the hardware.
3. If we are sued for something that you have indemnified us for, you will take our place in the law suit or be liable to pay us back for any costs, damages and expenses including attorneys’ fees on the attorney and own client scale (you will be liable to pay our attorney’s fees finally awarded against us by a court or agreed to in a written settlement agreement, provided that:we notify you in writing as soon as we become aware of the indemnified claim so you can take steps to contest it;
   you may assume sole control of the defence of the claim or related settlement negotiations; and
   we will give you, at your expense, with the assistance, information, and authority necessary to enable you to perform your obligations under this clause.
4. You must pay us any amount due under clause 12.3 as soon as we demand payment. If you contest the amount, you must pay the amount into your attorney’s trust or give us security to cover the amount, until we have resolved the dispute.
5. You indemnify us against any loss or damage that Peninsula Welfare Association may suffer because of your actions.

Suspension of the Services

Peninsula Welfare Association may temporarily suspend its Service to repair, maintain, upgrade, modify, replace or improve any of its Services. Where circumstances permit, Peninsula Welfare Association will provide prior notice of any service suspension to Customers. However, Peninsula Welfare Association will not be held liable for any resulting loss or damage suffered as a result of the service suspension.

Termination

46. Peninsula Welfare Association may terminate any Services on five days written notice to you.
47. You may terminate any Services on 30 days written notice to Peninsula Welfare Association in one of three ways:- via the control panel,
    -- via email to  This email address is being protected from spambots. You need JavaScript enabled to view it. ;
48. If you give Peninsula Welfare Association notice of termination in any manner other than as specified above you may find that the notice was invalidly given and will not have any effect.
49. Breach: If you breach any of Our Consulting Service Terms, we may, without prejudice to any other rights that Peninsula Welfare Association may have and without notice to you:claim immediate payment of all outstanding charges due to us,
    1. terminate or suspend your use of the Services,
    2. terminate our relationship with you; or
    3. list you with any credit bureau, Internet service provider list, or the South African Fraud Prevention Service. By agreeing to our Terms & Conditions, you expressly consent to this.
       In all instances, we may retain all Services Fees you have already paid and recover all of our costs associated, including legal costs on an attorney and own client scale (you will be liable to pay our attorneys fees) with your breach.
50. Return of hardware or software: Where you have in your possession any of Peninsula Welfare Association’s hardware or software as a result of using the Service and the related Service ends, you must immediately return the hardware or software to us.

Force Majeure

51. We will not be responsible for any breach of the Agreement caused by circumstances beyond our control, including fire, earthquake, flood, civil strike, compliance with government orders, failure of any supplier of electricity as well as no electronic communication service etc.

Resolving disputes

52. Notifying each other. A dispute concerning this Agreement exists once a Party notifies the other in writing, detailing the nature of the dispute, requesting that it be resolved as per this clause. The parties must refer any dispute to be resolved by:
    Negotiation (direct talks to try and agree how to end the dispute); failing which
    Mediation (talks in which a neutral third party tries to help the parties agree how to end the dispute); failing which
    Arbitration (a hearing after which a neutral third party makes a binding decision about the dispute).
53. Negotiation. Each party must make sure that their chosen representatives meet within 10 business days, to negotiate and try to end the dispute by written agreement within a further 15 business days.
54. Mediation. If negotiation fails, the parties must refer the dispute to mediation under AFSA’s rules.
55. Arbitration. If mediation fails, the parties must refer the dispute within 15 business days to arbitration (including any appeal against the arbitrator’s decision) under AFSA’s latest rules for expedited arbitrations. The arbitration will be held in English in Cape Town. The parties will agree and appoint one arbitrator. If the parties cannot agree on the arbitrator within 10 business days after the referral, the Secretariat of AFSA will appoint the arbitrator.

Exclusion and Limitation of Liability

56. Peninsula Welfare Association will not be responsible for any indirect, incidental, special, or consequential damages or losses arising from the Agreement. This includes loss of profits, revenue, anticipated savings, business transactions, goodwill or other contracts. It is irrelevant if this is due to negligence (carelessness) or breach of contract.
57. Our total liability to you is for direct damages up to a maximum amount of:
    -- three months of your base Consulting Service fee; or
    -- R2,500; whichever is less.
58. Our liability for direct damages under clause 17.2 will be excluded where we are held liable because of your use of any third party services or products which you accessed together with the Services, but which we did not provide to you.
59. This clause will apply even if you advised Peninsula Welfare Association of the possibility of loss of damage prior to its occurrence.

Notices

60. You must send all notices to Peninsula Welfare Association, whether for court process, notices or other documents or communications, at 2 Goedehoop Street Melkbosstrand 7441.
61. We may give all notices to you by email to the email address you provided to us on the application form when you first subscribed for the Services.
62. Any notice or communication required or permitted to be given under this Agreement will be valid and effective only if in writing.
63. All notices you sent to us which are:- sent by prepaid registered post will be deemed to have been received 14 days after date of postage,
    -- delivered by hand and delivered during ordinary business hours at the physical address will be deemed to have been received on the day of delivery.

General

64. Entire agreement: The Agreement constitutes the entire agreement between the Parties.
65. No Variation: No changes to the Agreement made by Customer are effective unless in writing and signed by the authorised signatories of both parties.
66. Waiver (giving up rights): Any favour we may allow you will not affect [or substitute] any of our rights against you.
67. Severability: If any term is void (invalid), unenforceable, or illegal, the term may be severed (removed) from and will not affect the rest of the Agreement if it does not change its purpose.
68. Applicable Law: South African law governs this Agreement.
69. Survival: Despite termination of the Agreement, any clause, which, from the context, contemplates on-going rights and obligations of the Parties, will survive the termination and continue to be of full force and effect.

The Specific Terms will apply if there is any conflict of meaning with these General Terms.

 

1.     INTRODUCTION

Grad Star respects your privacy and is committed to protecting your personal data. This privacy policy tells you about how we look after your personal data when you access and use the Grad Star/GradStar Platform and tells you about your privacy rights and how the law protects you.

2.     PURPOSE OF THIS PRIVACY POLICY

This privacy policy aims to give you information on how Grad Star collects and processes your personal data through your use of the Grad Star Platform (and all related web sites, applications and online services and tools where this policy is referenced, regardless of how you access or use them, including mobile devices) and including any data you may provide through the Grad Star Platform.

It is important that you read this privacy policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting, or processing, personal data about you, so that you are fully aware of how and why we are using your data. This privacy policy supplements other notices and privacy policies and is not intended to override them.

3.     CONTROLLER

Grad Star is the controller in respect to certain uses of your personal data (collectively referred to as Grad Star, "we", "us" or "our" in this privacy policy).

We have appointed a data privacy manager who is responsible for overseeing questions in relation to this privacy policy.

If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact the data privacy manager using the details set out below.

4.     CONTACT DETAILS

If you have any questions about this privacy policy or our privacy practices, please contact our data privacy manager in the following ways:

·       Full name of legal entity: Grad Star Limited

·       Email address: This email address is being protected from spambots. You need JavaScript enabled to view it.

You have the right to make a complaint at any time to the Information Regulator’s Office, the SA supervisory authority for data protection issues (www.justice.gov.za). We would, however, appreciate the chance to deal with your concerns before you approach the Information Regulator so please contact us in the first instance.

5.     CHANGES TO OUR PRIVACY POLICY AND YOUR DUTY TO INFORM US OF CHANGES TO YOUR PERSONAL DATA

We keep our privacy policy under regular review. It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

6.     YOUR ACCESS TO AND USE OF THIRD PARTY WEBSITES OR SERVICES ACCESSIBLE THROUGH THE Grad Star PLATFORM

The Grad Star Platform includes links to third-party websites and applications as well as to partner providers of multiple different types of services associated with a particular platform.

7.     THIRD PARTY WEB SITES AND APPLICATIONS.

Clicking on links to third party web sites, content or applications may allow those third parties to collect or share data about you. We do not control those third-party websites or content and are not responsible for their privacy statements or the way in which they collect or use your data.

Where you access or use third party services provided by an Event organiser, advertiser, sponsor or any other party who attends an Event, we encourage you to request details of and read the privacy policy of that party. We do not control those third parties and are not responsible for their privacy statements or the way in which they collect or use your data.

WE WILL NEVER SHARE YOUR DATA WITH ANY THIRD-PARTY SERVICE PROVIDER WHETHER ONLINE OR OFFLINE WITHOUT YOUR EXPRESS PERMISSION.

Please Note:

We are a platform provider. The Grad Star Platform is made available to you to attend like any other app, we do not engage in any correspondence, or the relationship, between you as a user of the Grad Star application Platform or attendee at any Event and any services you make use of which are made available to you as part of your access to our Platform or an Event (except where it is provided directly by Grad Star to you). In particular we do not participate in any part of any service or any contract for services which may be provided to you by any other party at any Event or any Event organiser or otherwise available to you as a user. You accept all responsibility in respect to ensuring that any specific services which you make use of are suitable for you.

THE DATA WE COLLECT ABOUT YOU:

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

·       Identity Data which includes your image and first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender. This may also include other audio-visual content which you appear in as you contribute to or interact with an Event.

·       Contact Data which includes your home address, email address and telephone numbers.

·       Transaction Data which includes details about payments you have made and other details of products and services you have accessed or used through the Grad Star Event Platform. We do not store card details on our server. Credit and debit card payments are processed by Stripe on their secure payments server and all card details and fully encrypted and store by them.

·       Technical Data which includes your internet protocol (IP) address, your login data, browser type and version, hardware information, time zone setting and location, browser plug-in types and versions, operating system and website, and other technology on the devices you use to access the Grad Star Event Platform.

·       Profile Data which includes your username and password, purchases or orders made by you, your interests, volunteer record, preferences, feedback and survey responses.

·       Usage Data which includes information about how you use our Platform, products and services.

·       Marketing and Communications Data which includes your preferences in receiving marketing from us and our third party Platform Partners and your communication preferences.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity.

We don’t keep personal information for longer than is necessary. While we retain this information, we will protect it within commercially acceptable means to prevent loss and theft, as well as unauthorised access, disclosure, copying, use or modification. That said, we advise that no method of electronic transmission or storage is 100% secure and cannot guarantee absolute data security. If necessary, we may retain your personal information for our compliance with a legal obligation or in order to protect your vital interests or the vital interests of another natural person.

IF YOU FAIL TO PROVIDE PERSONAL DATA

Where we need to collect personal data by law, or under the terms of an agreement we have with you, and you fail to provide that data when requested, we may not be able to perform the agreement we have or are trying to enter into with you (for example, to provide you with access to the Grad Star Platform and particular services).

8.     HOW IS YOUR PERSONAL DATA COLLECTED?

We use different methods to collect data from and about you including through:

·       Direct interactions. You may give us your Identity, Contact and other Data by filling in forms or by corresponding with us by email or otherwise on the Grad Star Platform. This includes personal data you provide when you: (a) create an account with us; (b) subscribe (or are subscribed) to our services or interact in an Event; (c) request marketing to be sent to you; (d) enter a promotion or survey; or (e) give us feedback or contact us.

·       Automated technologies or interactions. As you interact with the Grad Star Platform, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies.

9.     HOW WE USE YOUR PERSONAL DATA

Automated technologies or interactions. As you interact with the Grad Star Platform, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies.

·       Where we need to perform the contract we are about to enter into or have entered into with you (e.g. to provide you with access to the functionality of the Grad Star Platform).

·       Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.

·       Where we need to comply with a legal obligation.

10.  PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

PURPOSE/ACTIVITY	TYPE OF DATA	LAWFUL BASIS FOR PROCESSING INCLUDING BASIS OF LEGITIMATE INTEREST
To register you as a user of the Grad Star App Platform	(a) Identity (b) Contact	Performance of a contract with you
To process any paid entry to the app: (a) Managing payments, fees and charges (b) Verifying your identity and details of your payment method or credit card account (c) Communicating with you, for example sending you confirmation of your attendance for an Event.	(a) Identity (b) Contact (c) Transaction (d) Marketing and Communications	(a) Performance of a contract with you (b) Necessary for our legitimate interests
To manage our relationship with you which will include: (a) Providing access to Platform services (b) Notifying you about changes to our terms or privacy policy (c) Asking you to leave a review or take a survey (d) Investigating complaints	(a) Identity (b) Contact (c) Profile (d)Marketing and Communications	(a) Performance of a contract with you (b) Necessary to comply with a legal obligation (c) Necessary for our legitimate interests (to keep our record updated and to study how users use the Grad Star app Platform and associated products/services)
To administer and protect our business and our services (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)	(a) Identity (b) Contact (c) Technical	(a) Necessary for our legitimate interests (for running our business, administering our CRM, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise) (b) Necessary to comply with a legal obligation
To enable you to partake in a competition or complete a survey	(a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications	(a) Performance of a contract with you (b) Necessary for our legitimate interests (to study how users use the Grad Star App Platform and to develop and grow our business)
To deliver relevant Platform content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you	(a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications (f) Technical	Necessary for our legitimate interests (to study how users use the Grad Star App Platform and to grow our business and inform our marketing and growth strategy)
To use data analytics to improve our Platform, products/services, marketing, user and Partner relationships and experiences	(a) Technical (b) Usage	Necessary for our legitimate interests (to define types of users for certain Platform services and to keep our services and web site updated and relevant, to develop our business and to inform our marketing strategy)
To make suggestions and recommendations to you about Events or other services available through the Grad Star App Platform that may be of interest to you	(a) Identity (b) Contact (c) Technical (d) Usage (e) Profile (f) Marketing and Communications	Necessary for our legitimate interests (to develop the products and services available through the Grad Star Platform)

11.  MARKETING

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

12.  RECOMMENDATIONS FROM US

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think may be of interest to you. This is how we decide which services and offers may be relevant for you.

You will receive marketing communications from us if you have requested information from us previously used services or purchased products or services through the Grad Star App Platform and you have not opted out of receiving that marketing.

13.  THIRD-PARTY MARKETING

We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.

14.  OPTING OUT

You can ask us or third parties to stop sending you marketing messages at any time. Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of your use of the Grad Star App Platform or any associated services.

15.  COOKIES

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of our Platform may become inaccessible or not function properly.

16.  CHANGE OF PURPOSE

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

PLEASE NOTE THAT WE MAY PROCESS YOUR PERSONAL DATA WITHOUT YOUR KNOWLEDGE OR CONSENT, IN COMPLIANCE WITH THE ABOVE RULES, WHERE THIS IS REQUIRED OR PERMITTED BY LAW.

Please Note:

We may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

17.  DISCLOSURES OF YOUR PERSONAL DATA

We may share your personal data with the parties set out below for the purposes set out in the table “Purposes for which we will use your personal data” above.

·       External Third Parties as set out in the Glossary.

·       Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.

Where third parties provide Events or support the provision of services made available to you through the Grad Star App Platform, these third parties may receive certain personal data from you. Whilst we are not in control of any third parties to whom you request your data to be shared, we require all third parties to respect the security of your personal data and to treat it in accordance with the law. Unless they obtain your explicit consent, we do not allow any third-party Event or service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with your instructions.

To help constantly improve and tailor the service we provide to you through our Platform, we may use aggregated information so that we can administer and improve our services, analyse trends, gather broad demographic information and detect suspicious or fraudulent transactions and most importantly monitor and improve our operations on a day to day basis. In carrying out this activity, we may pass some information to third parties in aggregate and anonymised format.

18.  YOUR DISCLOSURE TO THIRD PARTIES

Except as otherwise expressly included in this Privacy Policy, this document addresses only the use and disclosure of information we collect from you. If you disclose your information to others, different rules may apply to their use or disclosure of the information you provide to them. Grad Star does not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. We encourage you to ask questions before you disclose that personal information to others.

19.  INTERNATIONAL TRANSFERS

We may transfer your personal data outside the European Economic Area (EEA) in our performance of services.

Whenever we transfer your personal data out of the EEA, we ensure an appropriate degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

·       We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission.

·       Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe.

·       Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between Europe and the US.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

20.  DATA SECURITY

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

21.  DATA RETENTION

How long will you use my personal data for?

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

With your prior consent, we may process sensitive personal data on the Grad Star Platform.

his includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). No sharing of sensitive personal data will be used made without your express prior written consent.

In some circumstances you can ask us to delete your data: see your legal rights below for further information.

In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

22.  YOUR LEGAL RIGHTS

Under certain circumstances, you have rights under data protection laws in relation to your personal data. You have the right to:

·       Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

·       Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

·       Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

·       Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:

o   If you want us to establish the data's accuracy.

o   Where our use of the data is unlawful but you do not want us to erase it.

o   Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.

o   You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

·       Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

·       Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact us.

23.  NO FEE USUALLY REQUIRED

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

24.  WHAT WE MAY NEED FROM YOU

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

25.  TIME LIMIT TO RESPOND

We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

26.  GLOSSARY

Legitimate Interest: means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of Contract: means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract. In respect to Grad Star, that is the performance of our agreement with you to make the Grad Star Platform and its services available. We are not involved in the processing of your Personal Data during any engagement you enter into with our third party partners. We will always get your consent to transfer any Personal Data to any third party whom you enter into an agreement with for the provision of their services to you.

Comply with a legal obligation: means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

External Third Parties:

·       Service providers acting as processors who provide our IT and system administration services.

·       Providers of our cloud services such as AWS and Google.

·       Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in South Africa who provide consultancy, banking, legal, insurance and accounting services.

·       Regulators and other authorities acting as processors or joint controllers based in the South Africa who require reporting of processing activities in certain circumstances.

·       Our third-party partners and affiliates who you engage with through the use of the Grad Star Platform in order to facilitate the provision of services.