Privacy Notice

PRIVACY POLICY AND USE OF PERSONAL INFORMATION

 

  1. INTRODUCTION
    1. 1. TSBU is committed to protecting Users’ privacy and Personal Information and therefore warrants that no information collected will be used for any other purposes other than stipulated in these Terms and Conditions. TSBU reserves the right at any time to change, alter or update the Privacy Policy Terms and Conditions, provided that same shall not contravene any applicable legislation or regulations.
    2. 2. By accessing the TSBU CPA in its Web-based Format and by registering for the TSBU CPA, the User expressly consents to the collecting and Processing of his/her Personal Information by TSBU, which permission shall extend only to the collecting and Processing of the User’s Personal Information for the purposes set out in clause 2 below.
    3. 3. TSBU will not collect or Process the User’s Personal Information for any purpose, other than the purposes disclosed to the User in clause 2 below, unless the User gives TSBU express written consent to do so, or unless TSBU is permitted or required to do so by law, and TSBU shall at all times remain responsible for determining the purposes and means for Processing the User’s Personal Information and disclosing such purpose to the User to the extent that it has not done so in these Terms and Conditions.
    4. 4. By accessing the TSBU CPA and by registering on the TSBU CPA, the User provides express written consent to the sharing of his/her Personal Information by TSBU (strictly for the purposes disclosed to the User in clause 2 below) with its Affiliates, as well as the sharing of his/her Personal Information with trusted third parties who assist TSBU in operating the TSBU CPA, as well as those third parties assisting TSBU in carrying out the operations contemplated in clause 2 below (such as marketing and research), conducting business or servicing the User, so long as those parties agree to keep this information confidential and adhere to TSBU’s privacy policies
    5. 5. The User acknowledges that he/she has read these Terms and Conditions and in particular the privacy policy contained in this section B and that he/she understands and accepts the consequences of the consents with respect to his/her Personal Information given by it in clauses 1.2 and 1.4 above and that he/she is giving such consents voluntarily and without any undue influence from TSBU.
    6. 6. Non-personally identifiable information or depersonalised information may be provided to other parties for marketing, advertising, or other uses.

 

  1. PURPOSES FOR COLLECTING AND PROCESSING OF PERSONAL INFORMATION
    1. 1. The following are the purposes for which TSBU will collect and Process the User’s Personal Information:
      1. 1.1. to operate and administer the TSBU CPA, to allow TSBU to provide the Services, or any combination of services linked to the TSBU CPA, to the User, to personalise and tailor the Services for the User and to process instructions or requests by the User with respect to the Services and the use of the TSBU CPA;
      2. 1.2. to monitor and analyse the User’s conduct in respect of the TSBU CPA for fraud;
      3. 1.3. for compliance and risk related purposes;
      4. 1.4. to analyse the Personal Information collected for research and statistical purposes and once such Personal Information is analysed to send the User marketing and promotional material which TSBU believes are relevant to the User based on its analyses of the User’s Personal Information;
      5. 1.5. to conduct market research, as well as academic research in respect of the Personal Information in order to identify potential markets and trends, to develop new products and services and to improve TSBU’s offerings to Users in terms of the TSBU CPA, as well as offerings, products and services by TSBU and its Affiliates, to its Users in terms of its business practices in general, whether in the ordinary course or otherwise;
      6. 1.6. to aggregate and/or depersonalise the User’s Personal Information after analysing it for statistical purposes and/or conducting market and academic research in respect thereof, as aforesaid, and transferring or on-selling such depersonalised information to third parties for commercial or non-commercial means.
    2. 2. All Personal Information collected for research, statistical and marketing purposes will be aggregated and/or depersonalised before on-selling or transferring such information to third parties, except as expressly agreed to by the User in clause 1.4 above.

 

  1. SECURITY OF PERSONAL INFORMATION
    1. 1. TSBU takes all reasonable steps to protect the User’s Personal Information from loss of, damage to, unauthorised use of, or misuse or alteration of the User’s Personal Information. The Personal Information will be stored in databases that have built-in safeguards to ensure the privacy and confidentiality of that information.
    2. 2. As a protection measure, when registering for the TSBU CPA, the User will be given a username and password which the User must always keep confidential and ensure that it is not disclosed it to anyone.

 

  1. INFORMATION QUALITY
    1. 1. The User shall take all reasonably practicable measures to ensure that the Personal Information provided to TSBU CPA in respect of a User is at all times complete, accurate and updated.
    2. 2. If the User wants to update or correct any of his/her Personal Information held by TSBU CPA, the User can make any such changes as required by updating his/her profile.

 

  1. COOKIES
    1. 1. TSBU uses cookies (an alphanumeric identifier), which are small files that the TSBU CPA transfers to the hard drive of a User’s device through the User’s web browser (if the User allows this) and this enables TSBU to recognise the User’s browser and capture and remember certain information.
    2. 2. TSBU uses cookies to help it remember, process and compile aggregate data about site traffic and site interaction so that it can offer better site experiences and tools in the future.

 

  1. THIRD PARTY LINKS
    1. 1. TSBU intends to include or offer third party products or services on the TSBU CPA (including without limitation and provide links to the sites of such third party). These third-party sites have separate and independent privacy policies. TSBU and its Affiliates have no responsibility or liability for the content and activities of these linked sites and make no warranties or representations regarding the content and activities of such sites whatsoever. All third party links or websites are subject to the privacy policies of such providers.
    2. 2. Any payments made on the TSBU CPA by the User in respect of online or other products or services, shall be done by means of a third party payment portal. All payments shall be done in terms of the third party’s payment platform terms and conditions. TSBU shall not store any of the Consumer’s banking or credit or debit card details. TSBU shall inform the User by means of its payment procedures of the third party service provider by whom payments will be managed and processed. TSBU shall only use registered financial service providers in respect of online payments.

 

  1. DIRECT MARKETING
    1. 1. By accessing the TSBU CPA in its Web-based Format and by registering for the TSBU CPA, the User provides his/her express written consent to TSBU to send promotional and marketing material directly to the User, including, without limitation, information about products, services, and special offers from TSBU across the various eco-systems offered through this TSBU CPA, based on the User’s Personal Information collected by TSBU. TSBU will do this by e-mail, text message or any other appropriate medium. If the User decides that he/she does not want TSBU to do this, or would like to unsubscribe from any listings, the User can inform TSBU by sending an e-mail to bookings@thespacebetweenus.africaand upon doing so TSBU will no longer send such material to the User.
    2. 2. The User acknowledges that he/she provides the above consent voluntarily and without any undue influence from TSBU, after having read these Terms and Conditions and that he/she understands the consequences of such consent.

 

  1. GENERAL CONFIDENTIALITY OBLIGATIONS
    1. 1. For the purposes of this clause 8, “confidential information” means all information whether written (including information contained in electronic format) or oral, concerning the intellectual property, business, business practices and know-hows, client information and affairs of the Disclosing Party, provided to the Receiving Party for the purposes of these Terms and Conditions
    2. 2. Each Party (the Receiving Party) shall treat and hold as strictly confidential all confidential information which it may receive from or about any other Party (the Disclosing Party). Unless agreed otherwise, the provisions of this clause 8 shall apply mutatis mutandis to any Affiliate of TSBU as if they were a Party.
    3. 3. The Receiving Party undertakes and agrees that:
      1. 3.1. the Receiving Party shall not at any time, whether during the currency of these Terms and Conditions or at any time thereafter, either use any confidential information of the Disclosing Party or directly or indirectly divulge or disclose any confidential information of the Disclosing Party to third parties (save as expressly provided for to the contrary in these Terms and Conditions); and
      2. 3.2. all written instructions, drawings, notes, memoranda and records of whatever nature relating to the confidential information of the Disclosing Party which have or will come into the possession of the Receiving Party, shall be and shall at all times remain the sole and absolute property of the Disclosing Party
    4. 4. A Party may disclose confidential information which would otherwise be confidential if and to the extent:
      1. 4.1. required by law;
      2. 4.2. required by any securities exchange or regulatory or governmental body to which any Party is subject, wherever situated, whether or not the requirement for information has the force of law;
      3. 4.3. that the information is disclosed to the professional advisers, auditors and bankers of each Party;
      4. 4.4. that the information has come into the public domain through no fault of that Party;
      5. 4.5 that the information has been independently developed by the Receiving Party;
      6. 4.6 that the other Parties have given prior written approval to the disclosure, such approval not to be unreasonably withheld or delayed; provided that any information so disclosed shall be disclosed only after consultation with the other (Party/Parties).
    5. 5. Upon the written request of the Disclosing Party, the Receiving Party shall promptly return to the Disclosing Party all documents and other medium containing the confidential information of the Disclosing Party (as well as all copies, notes or reproductions thereof) and delete and remove the confidential information from its electronic databases and deliver to the Disclosing Party a certificate from any director of the Receiving Party that it has done so.
    6. 6. Without prejudice to the other rights of the Disclosing Party, in the event of an unauthorised disclosure or use of confidential information occurring through a Disclosure Party in recovering and preventing the use all reasonable endeavours to assist the Disclosing Party in recovering and preventing the use, dissemination, sale or other disposal of such confidential information.
    7. 7. Notwithstanding any remedies that a Party may have in terms of these Terms and Conditions, in the event the Receiving Party commits a breach of this clause 8, then the Disclosing Party shall be entitled to, bring an application in any court with the competent jurisdiction, whether on an urgent basis or not for granting of an interdict against Receiving Party to prevent any further breach.
    8. 8. The parties acknowledge that monetary damages may not be sufficient to compensate the Disclosing Party, for a breach of this clause 8 and therefore each Party agrees that the Disclosing Party may approach the High Court of South Africa for appropriate relief in respect of protecting its confidential information.
    9. 9. This clause 8 shall survive the termination of these Terms and Conditions in perpetuity.