TERMS AND CONDITIONS OF USE
Version 1.0
Revision date: 1 August 2021
1. THE LANHAM-LOVE CONSULTING ACADEMY (“LLCA”) TERMS AND CONDITIONS OF USE
1.1 These Terms and Conditions of Use (“Terms of Use”) govern the use of the digital user interface (including the Mobile Application, Web Application, Hybrid Applications, Website, Student Portal, email and/or all digital means of communication and interaction) (collectively “the Site”) and services (the “Services”) of LLCA, a private company duly incorporated in accordance with the Company laws of the Republic of South Africa under registration number 2016/511544/07 with its postal address at P.O.Box 55711 Northlands 2116, Gauteng (together with its affiliates, the “Company”), in addition to any supplementary terms applicable to any particular feature, content and functionality of the Services, which supplementary terms shall be incorporated into the Terms of Use as if specifically recorded.
1.2 The Company reserves the right, in its sole discretion, to change, supplement, vary, modify, add or delete portions of these Terms of Use at any time, by posting a revised version of these Terms of Use, if any, on the Site.
1.3 We will notify you of any material changes by way of email, which will contain a link to the updated Terms of Use or with a prominent notice on the Site. Access to, or your continued use of the Site and/or Services, shall constitute your acceptance of the revised Terms of Use. Should you disagree with the revised Terms of Use, you may discontinue using the Services.
1.4 These Terms of Use will also apply to any future services and interaction channels (if any) that may be made available by the Company, unless stated otherwise.
1.5 It is important that you read and understand the Terms of Use under which you will visit and use this Site, prior to using the Services offered by the Company. By using the Site or Services in any manner (including but not limited to, accessing the Site, registration for the Services and the like), you agree that you have read these Terms of Use, you accept that these Terms of Use as well as the Company’s Privacy Policy, are binding on you, and that you agree to abide by these Terms of Use. Should you not agree with these Terms of Use, you may not make use of the Site and/or Services.
2. ACCEPTANCE OF TERMS OF USE
2.1 The Services are offered subject to your acceptance, without alteration, of all the Terms of Use stipulated herein, which Terms of Use include the Company’s Privacy Policy (which Privacy Policy is available on the website), as well as all other operating rules, procedures, policies and the like that may be published by the Company on the Site from time to time, all of which are incorporated herein, as if specifically recorded. Moreover, certain services offered through the Site, may be subject to further terms and conditions promulgated by the Company, the use of which shall be contingent upon compliance with said further terms and conditions.
2.2 By acceptance of these Terms of Use, you represent and warrant that you have the required legal and contractual capacity to enter into and be bound by a duly executed contract. More specifically, you, in the event that you are an individual, must be at least 18 (eighteen) years old, to make use of the Site and/or the Services. In addition, you warrant that all registration information provided by you is true and correct. The Company reserves its right to reject any application for registration and/or account, at its sole discretion, and to change its requirements for the same at any time.
3. USE OF THE SITE
3.1 You may access the Site, however in order to make use of the Services and access your Student Portal account, you will be required to register on the Site, alternatively, the Company’s mobile application, by becoming a member, which will require you to provide a username, password and complete the necessary fields therein. The information required to be submitted by you must be accurate, up to date and complete. Failure to adhere to the aforementioned shall be deemed a material breach of these Terms of Use, which may result in your application, alternatively, your profile, being rejected/terminated.
3.2 You shall remain responsible for any and all activity on your profile, as well as ensuring that your personal information is protected at all times. Should you become aware of any breach of your profile, you shall be required to immediately notify the Company of said unauthorised activity for investigation.
3.3 You are not allowed to share your profile details with any other person. The Services are for your personal use, and shall not be utilised for any commercial purposes or the benefit of your clients, affiliates or the like.
3.4 It shall remain your responsibility to ensure that your devices are compatible with and support the use of the Site. You shall ensure that you maintain your device/s updated and/or in a condition for them to support the use of the Site.
3.5 You will use our Services and treat the intellectual property of the Company in the utmost good faith, and only for the purpose for which it is intended. Any misuse, violation or breach of these Terms of Use, as well as any directive from the relevant authorities (if applicable) may result in the Company terminating your use of the Services and/or Site, in which case the Company shall be entitled to block your access to the Services and/or Site on such terms and conditions as the Company may deem fit, in order to give effect to the termination of your profile.
4. ENROLMENT
4.1 Enrolment is open to all registered and/or qualified learners, both natural and juristic, foreign and international. Access to and/or enrolment in a learnership programme, may however be denied and/or rejected on the grounds of you failing to provide the required personal or company identification documentation (as required in terms of the Financial Intelligence Act, 38 of 2001, “FICA”), or in the event that you are identified as a ‘politically exposed individual’.
4.2 By applying for enrolment and/or access, you declare that the origin of your/your company’s funds are legal in nature, are good, clean and that should the Reserve Bank of South Africa, the FSCA and/or any law enforcement agency within the applicable jurisdiction require, you consent to providing the Company with the necessary proof evidencing the origin of your funds.
5. REFUNDS
5.1 Refunds are subject to the terms and conditions of the specific programme you are enrolling for. Should you require more information in this regard, please contact the course/programme administrator for more details.
6. THIRD PARTY SITES
6.1 The Company may provide hyperlinks to certain third party websites, applications or resources (including images, pictures, text, graphics, designs, audio, sound, software) for your convenience only. When you access such third party sites, you do so solely at your own risk. The inclusion of such hyperlinks and/or advertisements of any third party on the Site, does not constitute an endorsement by the Company of such third party sites, their products, advice, business and security practices or any association with its operators.
6.2 Third party sites are not under the control of the Company, and you acknowledge that the Company is not responsible or liable for the content, functions, accuracy, legality appropriateness or any other aspect whatsoever of such sites.
6.3 You are responsible for complying with the terms and conditions applicable to such third party sites (if any).
6.4 It is expressly prohibited for any person, business, entity, or web site to frame any page on the Site, including the home page, in any way whatsoever, without the prior written consent of the Company.
7. SOCIAL MEDIA
7.1 The Company may integrate various social media sites or applications (including Facebook, Twitter, LinkedIn and Instagram) to allow you to create a profile, log in and/or share information through the various sites or applications. Should you elect to use our Services in this regard, then the rules applicable to such social media websites or applications will also apply, and you agree to such integration.
7.2 The Company encourages your participation on our pages, but ask that you respect the Company, as well as other users on our pages. We confirm that the Company will delete content and comments, without notice, if they:
7.2.1 Are considered to be any form of cyber bullying;
7.2.2 Include material that is unlawful, libellous, fraudulent, defamatory, obscene, threatening, harassing, insulting, are spam or deemed confidential;
7.2.3 Attempt to hijack this page by importing personal conflicts, agendas or grudges; or
7.2.4 Are considered to be a form of trolling.
8. INTELLECTUAL PROPERTY
8.1 You acknowledge and agree that the Company retains all right, title and interest in, and to, any copyright and other intellectual property rights in respect of all content published or made available on the Site, including, but not limited to, any copyright, trade mark, images, design, logo, process, business practice, text or methodology, which forms part of, or is displayed or used in connection with the Services including, but not limited to, graphics, designs text, icons, audio clips, downloads, course materials, data compilations, software and hardware, and page headers, is proprietary to the Company and/or the respective third party owners, and will remain the Company or the third party owners’ property at all times.
8.2 You are granted a non-exclusive, non-transferrable, revocable license to:
8.2.1 Access and use the Site strictly in accordance with these Terms of Use;
8.2.2 To use the Site solely for personal, non-commercial purposes;
8.2.3 To download or print out information from the Site (including relevant course materials) for personal, non-commercial purposes, provided that all copyright and other intellectual property notices therein are unchanged.
8.3 You acknowledge and agree that you will not acquire any rights of whatsoever nature in respect of the intellectual property by using the Services and/or the Site.
9. PROTECTION OF PERSONAL INFORMATION
9.1 The Company undertakes not to sell, distribute, exchange or transfer any of your personal information to or with any third party for any purpose other than those disclosed and outlined in the Company’s Privacy Policy, which Privacy Policy, for the avoidance of doubt, is to be incorporated in these Terms of Use by reference.
9.2 In this regard, you specifically agree and consent that the Company may process or use such information as may be necessary (including but not limited to, personal information and/or special personal information, as defined in the Protection of Personal Information Act, 4 of 2013 and any further information related to or potentially related your profile with the Company) and may, where appropriate, make such information available to third parties, including but not limited to its affiliates, advisers, organisations providing products and/or services to the Company (by way of example, [COMENSA (Coaches and Mentors of South Africa)], computer system suppliers, as well as to regulatory authorities (including but not limited to the South African Revenue Services)) for purposes of said information being verified and/or stored by such third party on behalf of the Company and further as required or appropriate.
9.3 You further agree and consent that the Company may transfer to other persons or entities information in its possession that relates to you and that such transfers may be effected internationally and/or locally in South Africa. Accordingly, you agree that your information (which could include special personal information) may be transferred to a country or entity in which there are limited or non-existent laws protecting data or personal information.
9.4 Should you provide information in relation to your spouse and/or your child/ren in your capacity as the legal guardian of that child/ren, you warrant that such information is provided with the permission of your spouse and/or that any information provided by you in relation to your child/ren is provided in your capacity as the legal guardian of that child/ren.
9.5 As the Company endeavours to ensure that your information which it holds is accurate, complete and up to date, you acknowledge that you are responsible for updating and/or correcting your personal information.
9.6 The Company will take appropriate, reasonable technical and organisational measures to protect the integrity and security of your personal information. This includes taking reasonable steps to protect your personal Information under its control from misuse, loss, interference, unauthorised access, modification or unauthorised disclosure.
9.7 The Company and/or a third party (including but not limited to [COMENSA (Coaches and Mentors of South Africa)]), may retain and/or archive/store your personal information for no longer than is necessary to achieve the purpose for which it was collected. Where the Company no longer requires your personal information (including but not limited to, the termination of your learnership, statutory requirements or by operation of law), it will, as soon as practicable, destroy or de-identify the information.
10. DISCLAIMER AND LIMITATION OF LIABILITY
10.1 Subject to the applicable laws, and any statutory liability the Company may have which cannot be disclaimed or altered by agreement, neither the Company, nor any of its affiliates, employees, officers or agents will be responsible or liable for any reason in respect of any damage or loss of whatsoever nature arising from your use of the Site, Mobile Application, Services or the like, your use of or reliance on any information contained on the Site, or any information provided on or by way of the Site and/or Mobile Application.
10.2 This includes, without limitation, any direct, indirect, special, incidental, consequential or punitive damages, whether arising out of contract, stature, delict or otherwise. You acknowledge and understand that use of the Site is entirely at your own risk.
10.3 The Company gives no undertaking or guarantee of any kind concerning the content or quality of its Services, and the Company’s Services are not to be considered as advice of any kind (more specifically, not as financial or investment advice).
10.4 The Company does not give any warranty, express or implied, or make any representations that its Services will operate free from error, defect or without disruption, or that the content as contained on the Site is accurate, complete, up to date or fit for a particular purpose.
10.5 The Company does not give any undertaking or warranty, whether express or implied, regarding the courses, information or profiles listed on the Site; the accessibility or operation of the Site; and/or any listing, download, photograph, video or any other application, being free of any virus or other harmful mechanism.
10.6 The Company will not be liable to you for any loss or damage caused by your use of the Company’s Services, or your liability to any third parties arising from your use of the above.
10.7 Without detracting from the generality of the limitation of liability as stated above, you expressly acknowledge and agree that the Company will not be liable for:
10.7.1 Any interruption, malfunction or failure of or by the Company’s technical systems regarding the Site or Mobile Application for any reason beyond our reasonable control, including (but not limited to) war, fire, explosion, acts or omissions of persons for which the Company is not responsible, government action, pandemic, industrial action or dispute, acts of competent authorities (including telecommunications and internet service providers) or force majeure events(acts of nature);
10.7.2 Any damage to your electronic device/s (including hardware and software) as a result of your use of the Site; or
10.7.3 Any loss of information or unauthorised use of data caused by your use of systems and/or encryption standards that are below generally accepted levels.
11. INDEMNITY
11.1 You hereby indemnify, defend and hold harmless the Company (including its stakeholders, directors, employees, in whose favour this constitutes a stipulatio alteri, capable of acceptance in writing at any time), its affiliates, suppliers and related partners from any third party claims, as well as any actions, suits, proceedings, penalties, fines, costs, disbursements, damages (including without limitation, any direct, indirect, special, incidental, consequential or punitive damages, whether arising out of contract, stature, delict or otherwise) and liabilities, including reasonable attorneys’ fees, whether directly or indirectly arising out of, or in connection with, resulting from, breach of these Terms of Use or contradiction with the applicable laws, or any other action or omission of any nature.
12. DISPUTES AND ARBITRATION
12.1 In the event of a dispute arising out of or in connection with these Terms of Use or the subject matter hereof, a Party may give the other Party written notice of the dispute, setting out the nature and full particulars of the dispute and requiring its resolution under this clause 12 (“Dispute Notice”).
12.2 On service of the Dispute Notice representatives of the Parties shall meet at least once and attempt in good faith to resolve the Dispute.
12.3 If the Representatives are for any reason unable to resolve the dispute within ten (10) days of service of the Dispute Notice, the Dispute shall be referred to Arbitration.
12.4 Subject to the provisions of this clause 2, all disputes arising out of or in connection with these Terms of Use shall be finally settled under the Rules of the Arbitration Foundation of Southern Africa (“AFSA”) by one or more arbitrators appointed in accordance with the said Rules.
12.5 The seat or legal place of arbitration shall be Sandton, South Africa.
12.6 The language to be used in the arbitral proceedings shall be English.
12.7 The governing law of these Terms of Use and the arbitration shall be the Laws of South Africa.
12.8 Nothing contained in this clause Error! Reference source not found. shall prohibit a Party from approaching any court of competent jurisdiction for urgent interim relief pending determination of the dispute by arbitration.
12.9 The provisions of this clause are severable from the rest of the these Terms of Use and shall remain in effect despite the termination or invalidity for any reason of these Terms of Use.
13. LEGAL DISCLOSURE
13.1 Website owner: The LLC Academy (Pty) Limited.
13.2 Legal Status: Private Company.
13.3 Key Individuals: Eileen Thornhill.
13.4 Description of main scope of business of the Company: Training and Development.
13.5 Email address: [email protected]
13.6 Website address: https://www.llcacademy.co.za/
13.7 Postal address: P.O. Box 55711 Northlands 2116, Gauteng.
13.8 The LLC Academy is a Services Seta accredited training academy, SETA accreditation number: 12369.
14. MISCELLANEOUS
14.1 Whole Agreement
14.1.1 These Terms of Use constitute the whole of the agreement between the Parties relating to the subject matter of these Terms of Use and, save to the extent otherwise provided herein, no undertaking, representation, term and/or condition relating to the subject matter of these Terms of Use not incorporated herein, shall be binding on the Parties.
14.1.2 These Terms of Use supersede and replace any and all agreements between the Parties (and other persons, as may be applicable) and undertakings given to or on behalf of the Parties (and other persons, as may be applicable) in relation to the subject matter hereof.
14.2 Relaxation
14.2.1 No latitude, extension of time or other indulgence which may be given or allowed by any Party to the other in respect of the performance of any obligation hereunder, and no delay or forbearance in the enforcement of any right of any Party arising from these Terms of Use and ..no single Terms of Use, shall in any circumstances be construed to be an implied consent or election by that Party or operate as a waiver or a novation of or otherwise effect any of its rights in terms of or arising from these Terms of Use or stop or preclude it from enforcing at any time and without notice, strict and punctual compliance with each and every provision or term hereof. Failure or delay on the part of any Party in exercising any right, power or privilege under these Terms of Use will not constitute or be deemed to be a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege.
14.3 Severability
14.3.1 All provisions and the various clauses of these Terms of Use are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision or clause of these Terms of Use which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any other reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions and clauses of these Terms of Use shall remain of full force and effect.
14.4 Continuing Effectiveness of Certain Provisions
14.4.1 The expiration or termination of these Terms of Use shall not affect such of the provisions of these Terms of Use as expressly provided that they will operate after any such cancellation or termination, or which of necessity must continue to have effect after such cancellation or termination, notwithstanding that the clauses themselves do not expressly provide for this.
14.5 Cession and Assignment
14.5.1 You will not be entitled to cede your rights or delegate your obligations in terms of these Terms of Use without the express prior written consent of the Company.
14.6 Applicable Law
14.6.1 These Terms of Use will be governed, interpreted and implemented in accordance with the Laws of South Africa.
14.7 Good Faith
14.7.1 The Parties shall at all times act in good faith towards each other and shall not bring the other Party into disrepute.
14.8 Confidentiality
14.8.1 Neither Party shall disclose any confidential information to any third party without the prior written approval of the other Party, unless required by law.
14.9 Suspension of the Site
14.9.1 The Company may temporarily suspend the Site for any reason, including repairs or upgrades to the Site or other systems. The Company will take reasonable efforts to notify you of such suspensions in advance.
14.10 Relationship between the Parties
14.10.1 The Parties agree that neither Party shall be a partner, agent, employee or the like of the other Party and neither Party will have any right, power, or authority to enter into any agreement for, or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other Party.
LLCA PRIVACY POLICY
Version 1.0
Revision date: 1 August 2021
1.1. This Privacy Policy of The LLC Academy (Pty) Limited (registration number 2016/511544/07) (“LLCA“, “we” or similar denotations) regulates our right to collect and use certain of your information (“learner” or “you“) and your rights in this regard, and applies to your use of the LLCA digital user interface (including the Mobile Application, Web Application, Hybrid Applications, Website (https://www.llcacademy.co.za/) including all LLCA sub-domains), Student Portal, email and/or all digital means of communication and interaction) (collectively the “Site”) and the services that we offer (“Services“) through the Site. This Privacy Policy is binding and serves as the agreement between us and you, and will apply as soon as you use the Site and/or Services.
1.2. Your use of the Site and/or Services will be regulated by this Privacy Policy as well as any other terms that are available on the Site, including but not limited to, the Terms of Use. If there is a conflict between this Privacy Policy and any of the Terms of Use, the following order of preference will be applied in respect of applying such terms, first the Terms of Service, then this Privacy Policy, as applicable to you.
1.3. Unless notice is required in terms of any applicable laws, LLCA may change the content of this Privacy Policy from time to time, in line with any changes that the law or our internal business operations require, without prior notice. We will however, notify you of any material changes to this Privacy Policy. The current version of this Privacy Policy applies each time you visit and/or use the Site and/or Services, and will regulate the relationship between us. It is your responsibility to consider the Privacy Policy each time you visit the Site. Should you disagree with any terms as contained in this Privacy Policy, you must immediately stop using the Site and/or Services.
1.4. Your right to privacy and this Privacy Policy, are important to us. LLCA is committed to taking such steps as may be necessary, to protect your privacy when you use the Site and/or Services, and in so doing, LLCA implements business practices that comply with applicable laws, including the Protection of Personal Information Act, 4 of 2013 (“POPI”) and the General Data Protection Regulation ((EU) 2016/679) (“GDPR”) (collectively, the “Applicable Law”). In this Privacy Policy, we explain how we will use and protect your Personal Information in light of the Applicable Law.
2.1. “Personal Information” as referred to herein, shall mean personal information as defined in the Applicable Law. Being such information that may be used to directly or indirectly identify you. Personal Information includes, but is not limited to, your name, surname, email address, identity number, contact details, photograph, banking details, location and the like.
3. COLLECTING YOUR PERSONAL INFORMATION
We collect Personal Information about you from the following sources:
3.1. directly from you when you use our Site and/or Services, contact us or through the course of our relationship with you (such as when submitting your profile application, enrolment for a course and the like);
3.2. from public sources where you have made your Personal Information public, such as social media;
3.3. from your use of the Site or use of any features or resources available on or through the Site; and
3.4. from third parties when you interact with them through the Site or your interaction with us as a result of the Services or as required of the third parties to share it with us.
4. CATEGORIES OF PERSONAL INFORMATION THAT WE PROCESS
4.1. General personal details:your name and surname, gender, date of birth, age, nationality, language preferences, identity or passport number.
4.2. Contact details:your address, contact number, email address, public social media profile(s).
4.3. User information:Personal Information included in correspondence, course materials, use of the Services or other materials that we process in the course of providing the Services.
4.4. Consent records:records of any consents you have given us in respect of using your Personal Information and any related information, such as the specific details of the consent. We will also record any withdrawals or refusals of consent.
4.5. Payment information:payment method, payment amount, banking details, date and reason for payment and related information.
4.6. Data relating to the Site:such as the type of device you use to access the Site, the operating system and browser, browser settings, IP address, dates and times of connecting to and using the Site and other technical communications information.
4.7. Cookies and other similar technologies.
4.8. Profile details:such as your username, password, usage data, and aggregate statistical information.
4.9. Content and advertising data:records of your interactions with our online advertising on the various websites which we advertise (if any) and records relating to content displayed on web-pages displayed to you.
4.10. Children’s Personal Information:We do not knowingly collect Personal Information of any user that qualifies as a “child”in terms of the Applicable law and will act to remove such information from our servers if we become aware of such Personal Information. If you are a parent or guardian and you are aware that your child has provided us with Personal Information without your consent, then please contact us immediately so that we can take the relevant steps to remove such Personal Information from our servers.
4.11. Sensitive Information: You can also provide us with information about yourself or third parties that is considered sensitive, such as political opinions, health information or religious beliefs. When you provide such information to us directly, we may seek your consent, where appropriate, to process this information. While you are under no obligation to provide us with such information, should you choose to withhold such information, we may not be able to provide you with some or all of the Services.
5. PURPOSES OF PROCESSING PERSONAL INFORMATION
5.1. We only process necessary and relevant Personal Information for the following purposes and legal basis:
5.1.1. to perform in terms of the agreement with you (such as providing you with the Services and access to the Site);
5.1.2. operate and manage your enrolment and interactions with us;
5.1.3. provide you with updated information on your course enrolled for, including course materials, assignments, payments made and the like;
5.1.4. monitor and analyse our business to ensure that it is operating properly, for financial management and for business-development purposes;
5.1.5. contact you by email, SMS, push notifications or other electronic means to inform you about the Services, which includes course updates and further courses you may be interest in, unless you have opted out of such communications (direct marketing). Each marketing communication we send you will contain instructions permitting you to “opt out” of receiving future marketing communications. Pursuant to becoming enrolled and opting-in for such communications, and should you at any time wish not to receive any future marketing communications or have your name deleted from our mailing lists, please contact us at [email protected] requesting same. If you opt out of receiving marketing communications or other information we think may interest you, we can still send you emails about your enrolment or any Services you have requested or received from us;
5.1.6. form a view of you as an individual and to identify, develop or improve the Site and Services as applicable to you;
5.1.7. carry out market research and surveys, business and statistical analysis and necessary audits;
5.1.8. fraud prevention;
5.1.9. perform other administrative and operational tasks like testing our processes and systems and ensuring that our security measures are appropriate and acceptable; and
5.1.10. comply with our regulatory, legal or other obligations.
5.2. In addition to the above purposes, we may use your Personal Information for other purposes, should the law allow, if you consent to it, or if it is in the public interest to do so. All purposes for the processing of your Personal Information will be compliant in terms of the Applicable Law.
6. DISCLOSURE OF PERSONAL INFORMATION TO THIRD PARTIES
6.1. We will keep your Personal Information confidential and only share it with others in terms of this Privacy Policy and/or the Terms of Use, or if you consent to it, or if the law requires. You agree and consent that we may disclose your Personal Information to:
6.1.1. our business partners or related companies, in order to provide you with access to the Site and/or Services, which includes, inter alia: related companies responsible for the training of learners, provision of course materials and the like, in accordance with the relevant written agreements;
6.1.2. our business partners or third party service providers in order to provide you with access to the Site and/or Services, such as data storage service providers, authorised service providers, in accordance with the relevant written agreements;
6.1.3. legal and regulatory authorities, upon their request, or for the purposes of reporting any breach of the Applicable Law;
6.1.4. our professional advisors (such as, accountants, auditors, lawyers and other external professional advisors) in terms of the relevant written agreements with them;
6.1.5. any relevant party to the extent necessary for the establishment, exercise or defence of legal rights, criminal offences, threats to public security, and the like;
6.1.6. any relevant third party if we sell or transfer all or any portion of our business or assets; and
6.1.7. any relevant third party provider where the Site uses third party advertising, plugins or content.
6.2. If we engage third party processors to process your Personal Information, the processors will only be appointed in terms of a written agreement which will require the third party processors to only process Personal Information on our written instructions, use appropriate measures to ensure the confidentiality and security of your Personal Information and comply with any other requirements set out in the agreement and required by the Applicable Law.
6.3. The Site may connect to various social media websites or apps, including, but not limited to, Facebook, Twitter, LinkedIn, Instagram. Should you wish to use the Site for social media integration, we will share your Personal Information with the relevant social media websites or apps.
7. INFORMATION RELATING TO THIRD PARTIES
7.1. You may elect to provide us with information relating to third parties. For example, should you elect to share the Services with family, employees and/or friends, we request access to information stored in your email and mobile device address books, such as names, email addresses, or phone numbers of your contacts (collectively, “Third-Party Data”).
7.2. If you use any feature of the Services that allows you to communicate with third parties (such as to refer a third party to the Services, or use any chat-room, newsroom bulletin board or other online platform available on the Site), either by submitting Third-Party Data to the Services or otherwise permitting the Services to automatically access Third-Party Data in your possession, you acknowledge and agree that you have the authority of the relevant third party for us to access and use the relevant Third-Party Data and that you have notified these third parties and informed them how their information is collected and used by LLCA to provide the Services.
7.3. We reserve the right to identify you as the person who has made the referral in any message that is sent to them. We use Third-Party Data to contact such third party using the Third-Party Data provided, and/or provide you with an editable template message designed to facilitate communication between you and such third party through the Services. In addition to sending the foregoing communications, we may also send reminders or related messages to you and to third parties on your behalf from time to time, where permitted by the Applicable Law. In each case, any such communications sent to third parties using Third-Party Data will provide a means to opt out of receiving further communication of the same nature.
8.1. We have implemented appropriate technical and administrative security measures designed to protect Personal Information against accidental or unlawful destruction, loss, alteration, disclosure, access and other unlawful or unauthorised forms of processing. These measures are taken in accordance with the Applicable Law.
8.2. The internet is an open and often susceptible system and the transfer of information via the internet is not entirely secure. Although we will implement all reasonable measures to protect Personal Information, we cannot guarantee the security of your Personal Information transferred to us using the internet. Therefore, you acknowledge and agree that any transfer of Personal Information by the internet, is at your own risk, and you are responsible for ensuring that any Personal Information that you send to us, is sent securely.
9.1. You have certain specific rights afforded in relation to your Personal Information. Subject to, and except as limited under the Applicable Law, you have the following rights in respect of your Personal Information:
9.1.1. the right to be informed of and request access to the Personal Information that we process about you;
9.1.2. you may request that your Personal Information be amended or updated where it is inaccurate or incomplete. You may send an e-mail to [email protected] to request such correction;
9.1.3. the right to request that we delete your Personal Information, subject to applicable limitations and exceptions;
9.1.4. the right to request that we temporarily or permanently stop processing your Personal Information;
9.1.5. the rightto object to us processing your Personal Information, and to your Personal Information being processed for direct marketing purposes;
9.1.6. the right to request a copy of your Personal Information and request that information to be transmitted for use by another person; and
9.1.7. where a decision that has a legal or other significant effect is based solely on automated decision making, including profiling, you may request that your Personal Information not be processed in that manner.
9.2. Where you have provided consent for us to process your Personal Information, you may also withdraw your consent where our processing is based on your consent. However, we may continue to process your Personal Information should we be legally required to do so for the processing.
10. USE OF COOKIES AND SIMILAR TECHNOLOGIES
10.1. When you use the Site, we automatically receive and record information on our server logs from your browser. This information may include, amongst others, your location, IP address, cookie information and Google Analytics information. This is statistical data about browsing actions and patterns. We may also obtain information about your general internet usage through a cookie file which is stored on the hard drive of your computer. Cookies enable us to improve our Site and Services, estimate our public reach and usage patterns, store information about your preferences and recognise when you return to the Site.
10.2. In some instances, we collect and store information about your location through cookies (other than when you share your location with us). We convert your IP address or mobile GPS data into a rough geo-location, and we may use location information to improve and personalise the Site and Services for you.
10.3. You can set your web browser to refuse cookies, but if you do this you may not be able to enjoy the full use of the Site and/or Services.
10.4. Please note that third parties may also use cookies, but we do not have access to, or control over them, and therefore cannot take responsibility for such third parties.
10.5. The various types of cookies (distinguished by their function, lifespan and origin) that we may collect include the following:
10.5.1. first party cookies – cookies that are stored by the actual website or app you are visiting which are only visible to that website or app;
10.5.2. necessary cookies – cookies that are necessary for the technical operation of a website or app;
10.5.3. performance cookies – cookies that collect data on the performance of a website or app (such as the number of persons who visit a website or app, the time spent on the website or app, and errors that may arise during the use of the website or app);
10.5.4. functionality or preference cookies – cookies that increase the usability of a website or app by remembering a visitor’s choices, such as the language preference, login information, location of the visitor, and the like;
10.5.5. targeting or advertising cookies – cookies that enable a website or app to send its visitors personalised advertising, often based on your browsing history; and
10.5.6. session cookies – these are temporary cookies that are deleted once you close your browser. Permanent cookies are those that are stored on your device until you delete them or until your browser deletes them (after a period specified in the cookie).
11. LINKS ON THE SITE
The Site may include links to other apps or third party websites which are not under our control. LLCA does not accept any responsibility for your privacy or the content of these third party sites, but we display these links in order to make it easier for you to find information about specific subjects. Your use of and reliance on these links is entirely at your own risk.
You may, on reasonable grounds, object to us using your Personal Information for certain purposes. If you object, on such reasonable grounds as we may determine, we will stop using your Personal Information, unless the Applicable Law allows such use. Should you wish to exercise this right and/or to discuss it with us, please contact us on [email protected].
13. CHILDREN’S INFORMATION AND SENSITIVE / SPECIAL PERSONAL INFORMATION
13.1. We do not intentionally collect or use children’s Personal Information without the consent of a parent or guardian of the child unless you are capable of consenting to the processing of his/her Personal Information in terms of the Applicable Laws in his/her/its jurisdiction.
13.2. Similarly, we do not intentionally collect or process special / sensitive Personal Information and will only do so with your consent, or if allowed by the Applicable Law.
14. QUALITY AND ACCESS TO YOUR INFORMATION
14.1. LLCA strives to ensure that your Personal Information is accurate and up to date. You may request us to correct or remove any Personal Information that you think is inaccurate, by sending us an e-mail on [email protected].
14.2. You have the right to request that we provide you with Personal Information that we hold about you. In this regard, you must contact us directly to do so or send an e-mail to [email protected]. This request may be subject to an access to information request in terms of the Applicable Laws and may require you to verify your identity, identify the rights you are wishing to exercise and pay a fee.
14.3. The right to access your Personal Information may further be limited in terms of the Applicable Law.
15.1. We take every reasonable step to ensure that your Personal Information is only processed for the minimum period necessary for the purposes set out in this Privacy Policy.
15.2. We retain Personal Information in accordance with the required retention periods in the Applicable Law or for legitimate business purposes. We will only retain your Personal Information for the purposes explicitly set out in this Privacy Policy. We may keep Personal Information indefinitely in a de-identified format for statistical purposes, which may include, but is not limited to, statistics of how you use the Site and/or Services.
15.3. This Privacy Policy also applies when we retain your Personal Information.
15.4. We may retain your Personal Information for the duration of any period necessary to establish, exercise or defend any of our legal rights.
16.1. You may be able to post comments, leave feedback, send thank you notes, or otherwise communicate with other users through the Site. Any content, including such comments, feedback, and notes as you choose to post through the Site, are available to the public by default. You may also contact us by way of a contact form, e-mail, or by other means (such as with questions about our Services, for customer support, or the like). When you do so, we collect the information you choose to provide us, such as your contact details, any images you choose to upload (if any) and the contents and nature of your contact.
16.2. Please remember that any information that is disclosed in these areas becomes public information for both us and other members to use and share. Please be considerate and respectful of others while using the community to share your opinions. We reserve the right, but do not have the obligation, to review and monitor such posting or any other content on our Site and/or Services, and to remove postings or content that may be viewed as inappropriate or offensive to others.
We will report any security breach to the applicable regulatory authority in terms of the Applicable Law and to the individuals or companies whose Personal Information is involved in the breach. If you want to report any concerns about our privacy practices or if you suspect any breach regarding your Personal Information, you are required to notify us by sending an e-mail to [email protected].
18.1. Should you have any objection, or have any queries about our privacy practices, you can contact our data protection officer on [email protected].
18.2. Should you wish to formally lodge a complaint against us in terms of the appropriate laws, you may do so as follows:
| Applicable Law | Regulatory authority | Contact details |
| POPI | The Information Regulator | Website: http://www.justice.gov.za/inforeg/index.htmlAddress: SALU Building, 316 Thabo Sehume Street, PretoriaTel: 012 406 4818Fax: 086 500 3351E-mail: [email protected] |
| GDPR | The European Commission | Online complaint procedure:https://ec.europa.eu/info/about-european-commission/contact/problems-and-complaints/how-make-complaint-eu-level/submit-complaint_enAddress: European Commission, Secretary-General B-1049 Brussels, BELGIUM |
Our website address is: https://llca.co.za
When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.
An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.
If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.
If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.
If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.
If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.
Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.
If you request a password reset, your IP address will be included in the reset email.
If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.
For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.
If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
Visitor comments may be checked through an automated spam detection service.