POMEGRANATE MEDIA WEBSITE PRIVACY STATEMENT - EFFECTIVE 1 JANUARY 2019
THIS PRIVACY STATEMENT FORMS PART OF POMEGRANATE MEDIA’S WEBSITE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ANY TERM OF THIS PRIVACY STATEMENT, YOU MUST CEASE YOUR ACCESS OF THIS WEBSITE IMMEDIATELY.
1. Definitions and Interpretation
1.1. “Personal Information” means information relating to an identifiable, living, natural person and where it is applicable, identifiable, existing juristic person, including all information as defined in the Protection of Personal Information Act 4 of 2013.
1.2. “Processing” means the creation, generation, communication, storage, destruction of personal information as more fully defined in the Protection of Personal Information Act 4 of 2013.
1.3. “You” or the “user” means any person who accesses and browses this website for any purpose.
1.4. “Website” means the website of POMEGRANATE MEDIA at URL www.p-media.co.za or such other URL as POMEGRANATE MEDIA may choose from time to time.
2. Status and Amendments
3. Processing of Personal Information
3.1. By providing your personal information to POMEGRANATE MEDIA you acknowledge that it has been collected directly from you and consent to its processing by POMEGRANATE MEDIA.
3.2. Where you submit Personal Information (such as name, address, telephone number and email address) via the website (e.g. through completing any online form) the following principles are observed in the processing of that information:
3.2.1. POMEGRANATE MEDIA will only collect personal information for a purpose consistent with the purpose for which it is required. The specific purpose for which information is collected will be apparent from the context in which it is requested.
3.2.2. POMEGRANATE MEDIA will only process personal information in a manner that is adequate, relevant and not excessive in the context of the purpose for which it is processed.
3.2.3. Personal information will only be processed for a purpose compatible with that for which it was collected, unless you have agreed to an alternative purpose in writing or POMEGRANATE MEDIA is permitted in terms of national legislation of general application dealing primarily with the protection of personal information.
3.2.4. POMEGRANATE MEDIA will keep records of all personal information collected and the specific purpose for which it was collected for a period of 1 (one) year from the date on which it was last used.
3.2.5. POMEGRANATE MEDIA will not disclose any personal information relating to you to any third party unless your prior written agreement is obtained or POMEGRANATE MEDIA is required to do so by law.
3.2.6. If personal information is released with your consent POMEGRANATE MEDIA will retain a record of the information released, the third party to which it was released, the reason for the release and the date of release, for a period of 1 (one) year from the date on which it was last used.
3.2.7. POMEGRANATE MEDIA will destroy or delete any personal information that is no longer needed by POMEGRANATE MEDIA for the purpose it was initially collected, or subsequently processed.
3.3. Note that, as permitted by the Electronic Communications and Transactions Act 25 of 2002, POMEGRANATE MEDIA may use personal information collected to compile profiles for statistical purposes. No information contained in the profiles or statistics will be able to be linked to any specific user.
4. Collection of anonymous data
4.1. POMEGRANATE MEDIA may use standard technology to collect information about the use of this website. This technology is not able to identify individual users but simply allows the POMEGRANATE MEDIA to collect statistics.
4.2. POMEGRANATE MEDIA may utilise temporary or session cookies to keep track of users' browsing habits. A cookie is a small file that is placed on your hard drive in order to keep a record of your interaction with this website and facilitate user convenience.
4.2.1. Cookies by themselves will not be used to identify users personally but may be used to compile identified statistics relating to use of services offered or to provide POMEGRANATE MEDIA with feedback on the performance of this website.
4.2.2. The following classes of information may be collected in respect of users who have enabled cookies:
18.104.22.168. The browser software used;
22.214.171.124. IP address;
126.96.36.199. Date and time of activities while visiting the website;
188.8.131.52. URLs of internal pages visited; and
4.3. If you do not wish cookies to be employed to customise your interaction with this website it is possible to alter the manner in which your browser handles cookies. Please note that, if this is done, certain services on this website may not be available.
POMEGRANATE MEDIA takes reasonable measures to ensure the security and integrity of information submitted to or collected by this website, but cannot under any circumstances be held liable for any loss or other damage sustained by you as a result of unlawful access to or dissemination of any personal information by a third party.
6. Links to other websites
1. OWNERSHIP, COPYRIGHT & USAGE
1.1 POMEGRANATE MEDIA's website is owned by POMEGRANATE MEDIA. By using this website, either personally or through an agent, you (the user), agree to be bound by all the terms and conditions contained in this agreement. If you do not want to be bound by these terms and conditions, then please leave this website.
1.2 The copyright in all information, material and logos vests in POMEGRANATE MEDIA of 272 Kent Avenue, Randburg, Gauteng, 2194, South Africa. All rights not expressly granted herein are reserved.
1.3 Users may download, view and print contents from this site for private and non-commercial purposes only. To obtain permission for the commercial use of any content on this site contact POMEGRANATE MEDIA at firstname.lastname@example.org.
1.4 POMEGRANATE MEDIA cannot screen or edit all the content available from their website and does not accept any liability for illegal, defamatory or obscene content. Users are requested to inform POMEGRANATE MEDIA of any content that may be offensive or illegal.
2. NO OFFER
Nothing contained in this website shall be construed as an offer by POMEGRANATE MEDIA to you, the user. All information contained in this website shall merely be deemed to be an invitation to do business.
3. INTELLECTUAL PROPERTY RIGHTS
All the content, trademarks and data on this website, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to POMEGRANATE MEDIA and as such are protected from infringement by local and international legislation and treaties.
4. ELECTRONIC COMMUNICATIONS AND TRANSACTIONS
When a user visits POMEGRANATE MEDIA's website or sends e-mails to POMEGRANATE MEDIA such user consents to receiving communications from POMEGRANATE MEDIA electronically and agrees that all agreements, notices, disclosures and other communications sent by POMEGRANATE MEDIA satisfies any legal requirements, including but not limited, to the requirement that such communications should be “in writing”.
5.1 No person, business or website may link to any page on this site without the prior written permission of POMEGRANATE MEDIA. Such permission may be obtained from the person referred to in clause 1.3 hereof.
5.2 Hyperlinks provided on this site to other websites or web pages are provided as is and POMEGRANATE MEDIA does not necessarily agree with, edit or sponsor the content on such web pages.
No person, business or website may frame this site or any of the pages on this site in any way whatsoever.
7. SPIDERS AND CRAWLERS
No person, business or website may use any technology to search and gain any information from this site without the prior written permission of POMEGRANATE MEDIA. Such permission may be obtained from the person referred to in clause 1.3 hereof.
8. DISCLAIMER AND LIMITATION OF LIABILITY
8.1 The users of this website and the information contained therein are done at the users’ own risk and the users assume full responsibility and the risk of loss resulting from the use thereof.
8.2 Neither POMEGRANATE MEDIA nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this website or the services or content provided from and through this website. POMEGRANATE MEDIA makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this website are free from errors or omissions or that the service will be 100% uninterrupted and error free. Users are requested to report any possible malfunctions and errors to the person referred to in clause 1.3 hereof.
8.3 This website is supplied on an “as is” basis and has not been compiled or supplied to meet the user’s individual requirements. It is the sole responsibility of the user to satisfy him/her prior to entering into this agreement with POMEGRANATE MEDIA that the service available from and through this website will meet the user’s individual requirements and be compatible with the user’s hardware and/or software.
8.4 Information, ideas, opinions and articles contained on this site should not be regarded as professional advice or the official opinion of POMEGRANATE MEDIA and users are advised to obtain professional advice before taking any course of action related to information, ideas, opinions and articles contained on this site.
9.1 This site collects private information from users and such information shall not be disclosed to any third party unless agreed upon between the user and POMEGRANATE MEDIA or through due legal process.
9.2 Users agree and consent that POMEGRANATE MEDIA may, from time to time communicate with users. POMEGRANATE MEDIA does not condone the use of spam and shall at all times comply with the provisions of the Electronic Communications and Transactions Act, No 25 of 2002.
10. WEBSITE SECURITY AND DENIAL OF SERVICE ATTACKS
Any person that delivers or attempts to deliver any damaging code to this website or attempts to gain unauthorised access to any page on this website shall be prosecuted and civil damages shall be claimed in the event that POMEGRANATE MEDIA suffers any damage or loss. Users are notified that in terms of the Electronic Communications and Transactions Act 25 of 2002 it is a criminal offence to gain unauthorised access to this website and to circumvent any security measures implemented by POMEGRANATE MEDIA or its agents.
11. CHANGES TO AGREEMENT
11.1 POMEGRANATE MEDIA may, in its sole discretion, change the terms and conditions of this agreement or any part thereof at any time without notice and such right is expressly reserved.
11.2 Each time a user accesses this website he/she will be bound by the current version of these terms and conditions.
All disputes in terms of this agreement or relating to the use or inability to use the POMEGRANATE MEDIA website may be referred to arbitration in terms of the rules of the South African Arbitration Foundation and such arbitration shall be held in Johannesburg. The unsuccessful party shall pay all costs incurred by the successful party. Notwithstanding the above, POMEGRANATE MEDIA reserves the right, in its sole discretion, to institute action in any competent court of law.
13. ENTIRE AGREEMENT
13.1 These terms and conditions of use constitute the entire agreement between POMEGRANATE MEDIA and you, the user of this website. Any failure by POMEGRANATE MEDIA to exercise or enforce any right or provision of these terms and conditions of use shall in no way constitute a waiver of such right or provision thereof.
13.2 No amendment to these terms and conditions shall be valid and binding unless reduced to writing and signed by POMEGRANATE MEDIA.
14. GOVERNING LAW
This site is hosted, controlled and operated from the Republic of South Africa and therefore the South African law and the jurisdiction of the South African courts shall govern any action relating to the terms of the use or inability to use this site.