Privacy Policy and Terms and Conditions

Privacy Policy and Terms and Conditions

Privacy Policy

Audience

This Policy applies to all visitors to the website ans customers who subscribe to the services Amaven SA (Pty) Ltd. offer within the territory of South Africa

Domicile

Amaven SA (Pty) Ltd is a registered business in South Africa and and operate under the laws of the Republic of South Africa.

Acceptance

By directly or indirectly accessing or making use of the services offered or made available by Amaven SA (Pty) Ltd. (the “Vendor”), including without limitation the Amaven software as a service platform, and any website, application or widget associated therewith (the “Services”), and/or by clicking the acceptance button, you signify, represent and warrant that you are older than 18 years of age and that you have, and at all times shall have, the necessary power, capacity and authority to enter into, abide by, comply with and perform your obligations under this privacy policy (this “Privacy Policy”).

The Vendor is committed to protecting the personal information of identifiable individuals and legal entities, disclosed or provided to the Vendor on or through the Services (the “Personal Information”), and this Privacy Policy outlines how the Vendor collects, uses and discloses such Personal Information.

The Vendor reserves the right to, at its sole discretion, amend this Privacy Policy at any time and without notice, the most current version of which shall always be available at http://www.amaven.co.za/privacy-policy. You acknowledge and agree that your continued use of the Services, following any amendment of this Privacy Policy, shall signify your assent to, and acceptance of, such amended terms and conditions.

If you do not agree to any term or condition of this Privacy Policy, or any subsequently amended term or condition thereof, you cannot use the Services.

Collection and Use of Personal Information

You expressly acknowledge, agree and consent to the collection and use of your Personal Information as specified in this Privacy Policy. At times your consent to the collection and use of your Personal Information by the Vendor will be implied through your conduct with the Vendor, if the purpose of such collection and/or use is obvious and you voluntarily provide such information. Without limiting the generality of the foregoing, the Vendor may on occasion, in specific circumstances, ask you to consent when the Vendor intends to collect or use your Personal Information.

In the event that you choose to register as a user of the Services, you will be asked to create a unique username and private password (collectively, the “Access ID”) which will be used to create and activate an account through which the Vendor can make the Services available to you (the “Account”). You expressly acknowledge and agree that certain information such as your name, address, telephone number, email address, billing information, financial information, and certain additional information may be required by the Vendor to make the Services available to you, or may be disclosed by you on or through the Services.

You expressly acknowledge, agree and consent to the Vendor collecting and using your Personal Information:
 - to create and activate your Account;
 - to respond to any request for customer service;
 - to make the Services available to you and to other users of the Services;
 - as necessary to allow the Vendor to provide you with access to and use of the added services, features and functionality of the Vendor’s partner organizations, as incorporated into and/or linked to the Services;
 - to improve the quality of the Services, including without limitation, through polls, surveys and other similar feedback gathering activities conducted by the Vendor or any third-party;
 - to assess service levels, monitor traffic patterns and gauge popularity of different features, functionalities and service options of, or related to, the Services;
 - to create and manage your Account, and to verify access rights to the Services;
 - to bill, or render invoices relating to, your Account, and to collect any debt owing to the Vendor;
 - to communicate with you, including without limitation for the purpose of providing you with notifications, content, marketing materials, commercial electronic messages, and information about your Account and/or the Services;
 - to install software relating to the Services, on one or more of your electronic devices;
 - to protect against fraud or error, and to respond to claims of any violation of the Vendor’s rights or those of any third-party;
 - to protect the rights, property or personal safety of yourself, the Vendor, the Vendor’s agents, the Vendor’s users and the public;
 - to enforce this Privacy Policy, or any other agreement entered into between yourself and the Vendor;
 - as required to comply with any applicable laws, or as authorized by any applicable laws; and
 - for other purposes set out in this Privacy Policy, and for any other purpose the Vendor may disclose to you from time to time.

You may at any point withdraw your consent to receive the communications set out in Section 2(c)(viii). The Vendor provides an “opt-out” function within all email communications of this nature, and/or will cease communications of this nature if you inform the Vendor that you would like to “opt-out”. You however expressly acknowledge and agree that you may not “opt-out” of communications related to the Services, your Account, a bill, an invoice, or where such withdrawal of consent would frustrate the performance of a legal obligation (but the Vendor will attempt to minimize the aforementioned communications).

Disclosure of Personal Information

Amaven SA (Pty) Ltd is compliant with the provisions of the Protection of Personal Information Act of 2013 (POPI Act). The Act requires that we inform you, the consumer, of all digital information we will record, store and/or destroy. Amaven SA (Pty) Ltd will only disclose your Personal Information as set out in this Privacy Policy in accordance with your instructions, for the purposes set out in Section 2(c), and in any event, in accordance with applicable law in South Africa. Without limiting the generality of the foregoing, you understand and agree that the purposes set out in Section 2(c) include the disclosure of your Personal Information to the Vendor’s partner organizations in connection with your use of the functionality of the Services. For example, if you utilize the meal planning functionality of the Services, your Personal Information may be shared with the Vendor’s partner organization that provides such meal planning service functionality. You expressly acknowledge and agree that your Personal Information disclosed by the Vendor to others hereunder may be subject to the terms of another privacy policy other than this Privacy Policy, and that the Vendor assumes no responsibility for the privacy policies or practices of any third-party. By providing your Personal Information to the Vendor, you are expressly consenting to the transfer of your Personal Information outside your country of residence using Secure Cloud Services

You expressly acknowledge, agree and consent to the disclosure of your Personal Information as specified in this Privacy Policy. At times your consent to the disclosure of your Personal Information by the Vendor will be implied through your conduct with the Vendor, but only if the purpose of such disclosure is obvious and you voluntarily provided such Personal Information to the Vendor. Without limiting the generality of the foregoing, the Vendor may on occasion, in specific circumstances, ask you to consent when the Vendor intends to disclose your Personal Information.

Without limiting the foregoing, you expressly acknowledge and agree that, for the purposes of billing your Account, if applicable, the Vendor may disclose your Personal Information with banks or other third-parties, such as Paypal and credit card service providers, in order to process payments.

Retention of personal information

Your Personal Information will be retained for as long as may be necessary or relevant for the identified purpose of collection, or as may be required or permitted by law, after which time the Vendor will no longer retain such information in a form capable of identifying an individual or legal entity.

Cookies

When you access our website we may send one or more cookies (small text files containing a string of alphanumeric characters) to your computer to collect certain usage information. We use session cookies (which disappear after you close your browser). We use information gathered by cookies to improve the website. Please note that some of our business partners (e.g. advertisers) use their own cookies or widgets on our website. We have no access to or control over them. Information collected by any such cookie or widget is governed by the privacy policy of the company that created it, and not by us.

We use cookies for the following purposes:

Analysis - we use cookies to help us to analyse the use and performance of our website and services.The names of these cookies change from time to time and sometimes from session to session. If you have a query about a specific cookie, please contact us with the name and value of the cookie so that we can identify its purpose.

Our service providers use cookies and those cookies may be stored on your computer when you visit our website. We iuse Google Analytics to analyse the use of our website. Google Analytics gathers information about website use by means of cookies. The information relating to our website is used to create reports about the use of our website. Google's Privacy Policy is available at https://www.google.com/policies/privacy/.

We use third party providers to deliver services such as loading fonts onto our website. These providers have privacy policies which cover their usagee of cookies and is available upon request sent to info@amaven.co.za.

Managing Cookies

Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via the following links: 

 

 

https://support.google.com/chrome/answer/95647?hl=en (Chrome)

https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox)

http://www.opera.com/help/tutorials/security/cookies/ (Opera)

https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer)

https://support.apple.com/kb/PH21411 (Safari)

https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge)

Age of Consent

The Vendor does not knowingly make the Services available to, and will not knowingly collect, use or disclose the Personal Information of, anyone under the age of consent.

Rights to Your Information

You have the right to access and edit your Personal Information at any time, through your Account. Any request can be send to info@amaven.co.za.

Location Information

You expressly acknowledge, agree and consent to the Vendor collecting Personal Information concerning your location, from your IP address and other sources, for the purpose of matching the Vendor’s products and services to areas of demand and for other business purposes of the Vendor.

Aggregated Data

You expressly acknowledge, agree and consent to the Vendor collecting, combining, manipulating and using your Personal Information to create generalized, anonymous information, stripped of data capable of identifying an individual or legal entity (the “Aggregated Data”), and using, disclosing and commercializing such Aggregated Data as the Vendor deems fit. Your identity and Personal Information will be kept anonymous in the Aggregated Data.

Software Installation, Cookies and Log Files

You expressly acknowledge, agree and consent to the Vendor installing software and cookies relating to the Services on one or more of your electronic devices and using tracking tools, pixel tags, cookies and log files for purposes the Vendor deems fit, including without limitation, to track which page variants you have seen, to track if you have clicked on a page variant, to monitor traffic patterns, to gauge popularity of service options and to gather information used to deliver relevant content and services to you.

Change of Ownership or Business Transition

You expressly acknowledge and agree that in the event of a change of ownership or other business transition, such as a merger, acquisition or sale of the Vendor’s assets, your Personal Information may be transferred in accordance with applicable privacy laws.

Withdrawing Consent

You have the right to withdraw your consent relating to the collection, use or disclosure of your Personal Information at any time, except where such withdrawal would frustrate the performance of a legal obligation.

Security

The Vendor will strive to prevent unauthorized access to your Personal Information and will periodically enhance its security aimed at ensuring that your Personal Information is kept safe from unauthorized access, use and disclosure.

While the Vendor has technology and procedures to guard your Personal Information against unauthorized access, use or disclosure, you expressly acknowledge and agree there is no guarantee that such technology or procedures can or will eliminate the risks of unauthorized access, use, disclosure, theft, loss or misuse.

The Vendor strongly recommends that you do not disclose your Access ID to anyone. If you forget your password, the Vendor will ask you for the username associated with your Access ID and will send an email containing your password to the email address associated with your Access ID.

Notwithstanding anything contained in this Privacy Policy, you expressly acknowledge and agree that ultimately, you control what Personal Information you provide while using the Services, and that you are responsible for maintaining the secrecy of your Personal Information and Access ID.

You expressly acknowledge and agree that the Vendor is not responsible for, and does not control, the use by others of any information which you provide to them and that you should use caution in selecting the Personal Information you provide to others through the Services.

Credit Card Information

All transactions using the Amaven South Africa website is in South African Rands (ZAR) the official currency of the Republic of South Africa

SAFE and SECURE: Transacting with is electornically (including transacting and using your credit card on our website) is safe and secure. It is much the same as transacting in person face-to-face.

Payment Processing: we do not get involved in any credit card transactions directly. All credit card transactions are handled or acquired for us via Virtual Caerd Services who are the approved payment gateway for our bankers, First Natonal Bank and First Rand Bank. No credit card details are stored on our website. Virtual Card Services uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3). You may go to https://website.vcs.za/customer-info/general-security/ to view their security certificate and security policy

Payment Security: all payer's credit card details are secured by secure sockets layer (SSL) encryption wilst in transmission and reinfored through various encryption processes in order to provide protection for all sensitive payment information. We do not access any, nor do we have any access to any of the credit card details. These are encrypted and stored in the Payment Card Industry (PCI) environment. When required for purposes of a transaction betweeen you, as a payer and a merchant, VCS retrieve and forward encrypted details to the merchant. We, the merchant mever access or store any payer's credit card details.

Secure URL: once you begin the checkout process you will notice that the site URL will change fvrom "http" to :https" and a small padlocl will appear at the bottom of your screen. This is indicative of a secure internet connection.

Phising

Secure URL: you must only log in to your account from a page that begins with : https://

No confirmation through links: we will never ask you to confirm your username and password or other sensitive information by clicking on any links in an e-mail other than the e-mail link we send you at registration to verify your e-mail address. Be aware of "phising" attacks where criminals attempt to obtain your sensitive information by senidng you an e-mail, masquerading as an e-mail from us, asking you to access your account or verify information via links in the e-mail or diverting you to a fake Amaven website. Please report any suspected phising attackes immediately to us to prevent harm to yourself and other.

Governance

This Privacy Policy will be governed by the laws of the Republic of South Africa applicable therein, excluding any conflict of rules that would apply to another body of law. You hereby agree to submit to the exclusive jurisdiction of the courts in the Republic of South Africa with respect to any claim, proceeding or action relating to or otherwise arising out of this Privacy Policy or your access to or use of the Services, howsoever arising, provided always that the Vendor may seek and obtain injunctive relief (or an equivalent type of urgent legal relief) in any jurisdiction.

This Privacy Policy together with any other agreement entered into between yourself and the Vendor which specifically references this Privacy Policy constitutes and contains the entire agreement between you and the Vendor with respect to its subject matter and supersedes any prior oral or written agreements.

Limitation

The Vendor is not responsible for, give no warranties, nor make any representations in respect of the privacy policies or practises of linked or any third party websites.

Contact The Vendor

If you have any questions, suggestions or complaints regarding the Vendor’s Privacy Policy, or if you would like to withdraw your consent to receive the communications set out in Section 2(c)(viii), you may contact the Vendor’s privacy officer by email at info@amaven.co.za.

Terms and Conditions

You are entering into a contractual relationship with Amaven SA (Pty) Ltd to deliver selected personalized services to yourself,  the institution you represent, or the institution in itself.  The relationship is based on a free trial period (30 days or one calendar month) after which you will be charged a monthly fee that will automatically be deducted from your bank account at the beginning of each calendar month. In registering for these services you will share information with us. The Protection of Personal Information Act of South Africa, 2013 requires that we inform you, the consumer, of all digital information we will record, store and/or destroy. We respect your privacy and take the protection of personal information very seriously. More details can be found under our Privacy Policy

If you wish to cancel your subscription then you can do so at any moment with 30 days (one calendar month) notice. You need to notify Amaven SA (Pty) Ltd in writing by either registered mail send to our listed address at Jupiter House, 42 Homestead Avenue, Rivonia, Johannesburg, South Africa, 2128 or else by e-mail to subscriptions@amaven.co.za. You will be billed a pro rata rate of the monthly subscription if the cancellation is not at the end of the calendar month.

Amaven SA (Pty) Ltd complies with all regulations of the National Consumer Protection Act of 2008 and the Protection of Personal Information Act of 2013. For any queries you can contact the National Consumer Protector on compliants@thencc.org.za or the Information Regulator at inforeg@justice.co.za

Upon cancellation Amaven SA (Pty) Ltd will delete all records and information in relation to your account and interactions with Amaven SA (Pty) Ltd with the exception of records that we need to keep from a legal and accounting perspective. This is in line with Personal Protection of Information Act of 2013.

Clients with restrictive medical conditions and/or on constant medications MUST advise Amaven SA (Pty) Ltd of such conditions prior to signing up. People with serious back and/or neck injuries and/or medical conditions should NOT participate in this activities without consultation, advice and consent from their medical doctor and must make the company aware of any such pre-existing conditions.

Whilst we offer the best possible options for exercise, it is advised that you will participate in physical activity and it is advised that you obtain medical advice and clearance before partaking in any strenuous physical activity.

Amaven SA (Pty) Ltd is not responsible or liable for any loss or damage relating to the web site and social media pages, the personal information of any user or material and information transmitted over the Amaven SA. (Pty) Ltd and Amaven International Limited Booking systems. Whilst every reasonable care has been taken in writing and compiling the web sites and social media pages, Amaven SA (Pty) Ltd accepts no responsibility for any loss or damage that may be sustained as a result of reliance by any person on the information contained in the web site and other social media page

Amaven SA (Pty) Ltd might use photographs and video taken during this activity in order to advertise the business for promotional or educational purposes. We will not feature any children and/or minors in any of these photos without the express consent (given in writing) from the parents/legal guardians and/or legal agents.

All material found on this web site and other social media pages, unless otherwise noted, is owned by Amaven SA (Pty Ltd). You are not permitted to copy, reproduce, or use any such material without our prior written consent.

If you have any queries, you can direct it to Amaven SA (Pty) Ltd in writing by either registered mail send to our listed address at Jupiter House, 42 Homestead Avenue, Rivonia, Johannesburg, South Africa, 2128 or else by e-mail to subscriptions@amaven.co.za.