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- “ECTA”, refers to the Electronic Communications and Transactions Act 25, 2002;
- “PAIA”, refers to the Promotion of Access to Information Act 2 of 2000;
- “Personal Information”, is defined in accordance with section 1 of POPI Act;
- “POPI Act”, refers to the Protection of Personal Information Act 4 of 2013 as amended;
- “User”, refers to the person using the website;
- “Website”, refers to the site missedstopproductions.com.
- To the maximum extent possible, the law of the Republic of South Africa shall govern this policy and, where this is not possible, the definitions above shall be deemed to be adapted to accord with applicable law in the relevant jurisdiction
- PERSONAL INFORMATION COLLECTED
- We collect general personal information of users that are used to carry out services, this includes the personal information of our users. Where a minor uses our services, the consent of such minors’ legal guardians to the collection and processing of their personal information as specified in this policy shall be deemed to have been granted, as it is a guardian’s responsibility to ensure the safe and proper use of the internet by minors under their care.
- We may collect personal information using the following methods;
- Cookies may be saved to the user’s devices. This improves the user’s experience of the website (please refer to our Cookies policy). Cookie features may include, without limitation, remarketing using Google Analytics, Google Display Network Impression Reporting, DoubleClick Platform Integrations and Google Analytics Demographics and Interest Reporting as well as other utilities used for the same or similar purposes as those set out above.
- This information is collected without notification to the user. The process individually identifies information collected, which includes the IP and host address information of the user. The information obtained is used for general web traffic statistics and reports. The information obtained is not used to monitor, track or report on the usage of the user unless the user is suspected of illegal or unauthorized usage of any component our infrastructure.
- USE OF PERSONAL INFORMATION
- We shall only use or process the personal information collected from users in the process of delivering our content. We shall not sell, rent nor provide the user’s personal information to unauthorized entities or to third parties for their independent use without the user’s consent. We will release the user’s personal information to a party, if we are required by law or by a court or statutory body to do so.
- By using our platform and website, you expressly consent to the use and processing of your personal information as set out in this policy.
- PURPOSE OF COLLECTING PERSONAL INFORMATION
- We shall collect and process personal information for the following purposes:
- To facilitate the use of our website; and
- To provide the user with marketing material related to the user’s interaction with our platform.
- We shall ask for the user’s permission in the event that the user’s personal information is used for any purpose that is not mentioned above or unrelated to our platform and its use in the ordinary course of business.
- PROTECTION OF PERSONAL INFORMATION
- All personal information we collect from the use of our website is kept secure and confidential to the best extent possible while ensuring the integrity and confidentiality of the personal information. Where personal information is provided to third party service providers in terms of this policy or our cookies policy, we shall ensure that such service providers’ privacy and cookies policies contain a similar provision to this one.
- In compliance with South African Law, in the event a user objects to their personal information being processed by us, the user is required to complete Form 1 (at the bottom of this page) in terms of the POPI Act and send the completed Form 1 to firstname.lastname@example.org
WEBSITE TERMS AND CONDITIONS
- “ECTA”, refers to Electronic Communications and Transactions Act 25 of 2002 as amended.
- “Copyright Act”, refers to Copyright Act 98 of 1978, as amended.
- “User”, refers to any person who uses the website.
- “Person”, refers to both natural and juristic persons.
- “Personal Information”, is defined in accordance with the POPI Act.
- “POPI Act” refers to the Protection of Personal Information Act 4 of 2003.
- GENERAL TERMS
- These are the terms and conditions that shall govern this website. In terms of section 11 of ECTA these terms and conditions are enforceable against all persons that access the website. If the user does not accept the terms and conditions, the user is required to reject the terms and conditions and immediately leave the website and terminate the use of the website.
- These terms and conditions may be updated from time to time and furthermore significant updates shall be communicated to the user within a reasonable period. The continued use of the website thereafter shall be considered an acceptance of the updated terms and conditions.
- The contra proferentum rule shall not apply in the interpretation of these terms and conditions. In other words, these terms and conditions shall not be interpreted against the party responsible for their drafting.
- To the maximum extent possible, the laws of the Republic of South Africa shall govern these terms and conditions.
- The user is advised to engage with our other policies that run concurrently with these terms and conditions.
- LEGAL RIGHTS AND ENTITLEMENTS
- Unless otherwise stated, we own the intellectual property rights of the website and the material on the website. All of our intellectual property rights are reserved.
- Copyright and other notices in relation to the website are protected by copyright, trade mark and other intellectual property rights.
- All reasonable steps shall be taken to secure the content of the website, which includes the personal information that may be gathered, this however is not a warranty or representation that the security is 100% fail proof.
- LIMITATION OF LIABITITY
- We shall not be held liable for any damage or claim whatsoever that may arise from the use of the website or the information and content that appears on it. Furthermore, we shall not be held liable for, any damages whatsoever arising from the use of the website or content from any third party or any information contained in the website or any action or decision taken pursuant to the use of the website or use of the information from the website.
- The use of the website is at the user’s own risk. This website is provided on an as is and as available basis. The website has no warranties of any kind, whether expressed or implied.
- We have taken all reasonable steps to ensure the integrity of the website and no warranty is given that any material downloaded from the website is free of viruses, bugs, or the like that may have the ability to corrupt the operation of the users device.
- THIRD PARTY SITES
- Any links to third-party websites or embedded content are provided for convenience only and do not represent endorsement, sponsorship or approval of those third parties, any products and services offered by third parties, or as to the accuracy or correctness, of the information included in third party websites or other embedded content. Save for benefits accruing to us as a result of monetised channels used by our website or to which our website contains links, there is no relationship between us and the third party outside of the provision of a link. We do not act in partnership with nor as agent for or on behalf of the third party to whom we provide links.
- DEFINITION OF COOKIES
Cookies are text files with small pieces of data that are used to identify the user’s computer. Cookies are used to identify specific users and improve the web browsing experience. Cookies are created when a user’s browser loads a particular website. The website information to the browser which then creates a text file. Every time the users goes back to the same website, the browser retrieves and sends this file to the website’s server. The types of cookies we use are set out in paragraph 2 below.
- First party cookies are domain specific and relate specifically to our website as the cookies owner and it will have our domain http://www.missedstopproductions.com specified in the cookie
- Session cookies are related to logging into the website. This cookie contains a ‘session id’ which allows for the data entered to be processed and stored.
- Third party cookies are cookies that can be used to track the users internet activity after the user has left a website. These are normally facilitated by organisations external to the website being visited and are generally known as ‘third-party’ cookies, with a lifespan of several months. The cookies are harvested and refreshed whenever the user visits the website where the same or similar cookies are used.
- Microsites are collections from webpages created as a discrete entity within a larger website. Microsite pages are usually related by content on a similar topic. They often have a different domain name from the parent website and content for microsites may be provided by specialist organisations.
- We use a number of cookies which we use to analyse the user’s browsing in order to make improvements and provide useful functions.
- COOKIES SET BY A THIRD PARTY
- REJECTING COOKIES
- DELETING COOKIES
A user may elect to delete cookies that are on their device by referring to their file management software in order to locate the file or directory that stores cookies.
INTELLECTUAL PROPERTY POLICY
- “Copyright”, refers to “copyright” as defined in the Copyright Act 98 of 1978 of the Republic of South Africa, as amended from time to time (“Copyright Act”) and, in respect of other jurisdictions, to the same or similar terms applicable in such jurisdictions; provided that to the maximum extent possible, this policy is governed by the law of the Republic of South Africa.
- “Intellectual Property (IP)”, refers to and includes patents, designs, works of copyright (including software and literary works), trademarks, brands, logos, proprietary information, know-how, trade secrets, databases, goodwill and domain names.
- PURPOSE OF INTELLECTUAL PROPERTY
- This policy sets out our intellectual property rights, which includes inter alia copyrights which are legally recognised and therefore legally protected. It sets out our approach to ensuring that our legal entitlements are protected and our approach to the infringement of these rights.
- COPY RIGHT
- In terms of the Copyright Act No 98 of 1978, our ownership, rights and title are protected. The following are examples of material that are our copyright entitlements:
- All “works” as defined in the Copyright Act (“works”) including drawing, literary works, designs, logos and which are provided in print and audio form.
- We shall not exercise our copyright against institutions that provide or cater to children, for example schools, daycare centers and similar institutions, including not for profit companies and organisations, which are granted an allowance to use our copyright without our prior consent, but who are expressly not authorised to sell any works or to make profits from their exploitation.
- LEGAL RIGHTS
- Infringement of our copyright by institutions not referred to in clause 3.2 above shall be considered an egregious conduct and will we shall institute legal proceedings.
- In an event a person, natural or juristic, is uncertain about this Intellectual Property policy regarding using or referencing our copyright, they shall contact Missed Stop Productions at email@example.com for clarity on the permitted use.