Right to Repair South Africa (“R2R”)

Terms and Conditions for Website

These Terms and Conditions (“Terms and Conditions”) govern your use of the R2R website located at www.right2repair.org.za, and also the R2R social media pages. By accessing and using the website or social media pages you agree to be bound by the Terms and Conditions set out in this legal notice. If you do not wish to be bound by these Terms and Conditions, you may not access either the website or the social media pages.

R2R reserves the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this website. It is your responsibility to periodically check these Terms and Conditions at the website for changes or updates. Your continued use of this website following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.

Terms and Conditions of the Site

All rights in and to the content, which includes but is not limited to the text, graphics, logos, buttons, icons, images, photographs, audio clips, databases and software, of this website or social media pages is reserved and retained by R2R, its affiliates or subsidiaries or any other third party owner of such rights. Except as specified in these Terms and Conditions, you are not granted a license or any other right including without limitation under copyright, trademark, patent or other intellectual property right in or to the content.

You may not copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means, material on this website or mobile application. You may not use the website or mobile application for offensive, defamatory, incorrect or untrue disclosure to any persons. All trademarks, logos and icons may not be used without the prior permission of R2R. Any unauthorised use of the R2R website or mobile application may result in termination of your account at any time.

We reserve the right to change or discontinue the content and/or services available from the R2R website or mobile application without prior notice. R2R may also suspend or terminate the website or mobile application at any time without prior notice.

You shall not decompile and/or reverse engineer the source code of the website or the mobile application.

These website Terms and Conditions shall apply in respect of all persons accessing this website or social media pages, or otherwise providing R2R with Personal Information, including minors. If you are a minor (under 18 years of age), you may use this website or social media pages only with the supervision of a parent or guardian. If you represent that you are of sufficient legal age to use this website or mobile application you will be bound by legal obligations and liabilities that you may incur as a result of your use of this website or mobile application and the services. You agree to supervise all usage by minors of this website or mobile application under your name or account.

Without limiting the generality of the aforegoing, the website or social media pages could include technical, typographical or other inaccuracies and you are urged to contact your own professional advisors to confirm all information contained on the website or mobile application prior to placing reliance thereon. Changes are periodically made to the information herein and these changes will be incorporated in new additions of this website or social media pages.

Promotions and Campaigns

We may at times use this website or social media pages to promote and offer the opportunity to participate in promotions and campaigns.  All promotions and campaigns will be governed by their own Terms and Conditions.  During the running of the campaign or promotions we may transfer personal information to a third party, being a sponsor or partner.  All details of the collection of information for the duration of the promotion and/or campaign will be made available at the time of your acceptance to participate.

Some of these promotions or campaigns may have the ability to send the offer to a friend with your comment.  Should you choose this offer, we reserve the right to collect your friend(s) information.

Privacy Policy

We are providing you with this Privacy Policy (“Privacy Policy”) because we understand that you are concerned about privacy and we understand how important it is that we protect your privacy.

This Privacy Policy together with our Terms and Conditions forms the basis on which R2R may collect personal data from you, or how personal data is provided to us, and how R2R will utilise this information in the ordinary course of business.

This privacy policy governs the www.right2repair.org.za website, all contracts entered into with R2R and any other forms of collection of personal data that R2R may utilize from time to time.

Collection of Personal Data

During your engagements with R2R, we collect certain Personal Data in accordance with the law, specifically the Promotion of Access to Information Act 2 of 2000 (“PAIA”), the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) and the Protection of Personal Information Act 4 of 2013 (“POPI”).

The information collected by R2R may include your name(s), gender, identification information, nationality, addresses, contact details, language preference, personal preferences, credit history, previous interactions with R2R and its affiliates, data contained on public social media platforms, security footage and images, and credit or debit card numbers for online payment purposes.

In terms of the Protection of Personal Information Act (“POPI”), specifically sections 3 and 5, you have certain rights in respect of your personal information. R2R encourages you to read and understand your rights in terms of the purposes of this Act.

 Methods of Collection of Personal Data

Personal Data is collected by a number of different means, including the following:

1. Online Services: Personal Data is received by R2R whenever you supply your personal information via our website or mobile application for the purposes of booking a reservation, making payment for goods and services, or otherwise communicating with us. You may choose not to provide certain Personal Data, but that may limit the services or products that you may wish to obtain from R2R. R2R also receives various types of information from you when you access our website and social media pages, including personal information or data as detailed in the Promotion of Access to Information Act, the Protection of Personal Information Act and Section 1 of the Electronic Communications and Transactions Act.

2. Business Transactions: We collect the Personal Data of companies and persons with whom we contract to provide R2R various goods and services and with members who join our association.

3. Surveys and Statistical Profiles: R2R may periodically conduct online surveys in order to facilitate the updating of the services we provide. When it conducts a survey, R2R will inform you how the information gathered will be used and will provide you with the opportunity to opt out from such surveys. Notwithstanding the foregoing, R2R may choose to use personal information to compile profiles for statistical purposes and may choose to trade with such profiles and statistical data, as long as the profiles or statistical data cannot be linked to any specific data subject, including you, by a third party.

Collection of Other Data

R2R may collect network or traffic data related to your use of and access to our services available on our website and social media pages. Such data would include, but not be limited to, IP addresses, device and bowser data, location information, user preferences, program usage, number of page visits, page views and time spent using our online services. We use this information for security purposes, research, marketing our services and to ensure that our online services are operating effectively. R2R also uses this information to determine use of the website and social media pages and to improve the content therein.

You may visit the website without providing any personal information. You accordingly hereby grant express written permission for the website servers to collect the aforementioned data, but not the user’s e-mail address or any other distinguishing information. We may also aggregate data that has been collected and this aggregated data will not personally identify you or any other user. R2R assumes no obligation to protect this information and may copy, distribute or otherwise use such information without limitation.

Subject to the Regulation of Interception of Communications Act 70 of 2002 (“RICA”), you agree that R2R may intercept, block, read, delete, and use all communications sent or otherwise communicated to R2R, its employees, directors and agents. You agree that your consent satisfies the requirements of ECTA and RICA for consent in “writing” as defined.

 Methods of Collection of Other Data

To ensure acquaintance with and awareness of the privacy measures and polices of R2R, you are urged to take care to read and understand the ways in which information is received by R2R:

1. Unsolicited Information: If you post unsolicited content or other information to the website, unless otherwise indicated, then you grant to R2R a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Information throughout the world in any media. You grant to the R2R the right to use the name that you submit in connection with such information. You warrant that you own or otherwise control all of the rights to the information that you post; that the information is accurate; that by the supply of the information to R2R, you do not violate this Policy and do not infringe the rights of any person or entity; and that you indemnify R2R against all claims resulting from the receipt by R2R of the information you supply to it. R2R reserves the right but not the obligation to monitor and edit or remove any information posted to public pages. R2R takes no responsibility and assumes no liability for any information posted by you or any third party.

2. Internet Browser or Device Information: We collect certain data through your browser or device, such as your Media Access Control (MAC) address, computer type (Windows or Macintosh), screen resolution, operating system name and version, device manufacturer and model, language, internet browser type and version, and the name and version of the Online Services (such as the Apps) you are using. We use this data to ensure that our online services function properly.

3. Location services: When you visit the website, we may use GPS technology (or other similar technology) to determine your current location in order to determine the city within which you are located and to display a location map containing relevant information. We will not share your current location with other users or partners. If you do not want us to use your location for the purposes set forth above, you may turn off the location services for the website under your account or browser settings, or in your mobile phone settings. 

4. Cookies: We collect certain data from cookies, which provide us with data such as browser type, time spent using our online services, pages visited, referring URL, language preferences and other aggregated traffic data. We use this data for security purposes, to facilitate navigation, to display data more effectively, to collect statistical data, to personalise your experience while using our online services and to recognise your computer to assist you in using our online services in future. We also gather statistical data to continually improve website and application design and functionality, and to assist us in understanding how they are used by visitors to the site. If you do not want data collected with cookies, you can choose whether or not to accept cookies by changing your browser settings. However, if you do not accept cookies, you may experience inconvenience in your use of our website and mobile application. For example, we will not be able to recognise your computer and you will need to log in every time you visit.

5. IP Address: You IP address is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP).  An IP address is identified and logged automatically in our server log files when a user accesses our website or mobile application, along with the time of the visit and the pages that were visited. We use IP addresses to determine usage levels of our online services and to diagnose server problems.

Use of Personal and Other Data

To validate you as a member when using our services and calling us; to prevent and detect criminal activity, fraud and misuse of or damage to our services or network; to prosecute those responsible and to contact you to invite you to form part of our customer panel or various research groups.

We may also use your personal information and process such information for the purposes of management, research, analysis, corporate reporting and improving business efficiencies.

We may use personal information collected about you to contact you by post, telephone and electronic mail (that is e-mail, picture, video and short message service) about functionality changes to our website or changes to our Terms and Conditions of use and to communicate with you regarding the use of our services.

We may use the information collected about you to contact you by post or telephone about new developments and potential services offered. We may also contact you by electronic mail for these purposes, subject to any preferences selected by you.

Subject to your preferences in respect of each of our services, selected third parties may use the personal data collected about you to contact you in respect of information that you might find interesting.

Access to and Disclosure of Personal and Other Data

You have the right to access information that we hold about you. The information about you which has been collected by R2R shall be made available to you upon request.

R2R conducts its advocacy work and provides its services in conjunction with its affiliates and subsidiaries. Personal Data is shared with those affiliates and subsidiaries, should they require it, in order to give effect to transactions that you choose to enter into. In this regard, and unless specifically restricted by you from the license below, you hereby and when entering into the specific transactions in question expressly grant to R2R and its affiliates and subsidiaries the right to collect and use, the Personal Data provided by you, for the purposes set out above.

When R2R is served with due legal process requiring the delivery of personal information, it has the legal duty to abide by that demand and will do so. R2R may also impart personal information if permitted or required to do so by law, or to protect and defend the rights or property of R2R.

Security

Although R2R takes all reasonable measures to ensure the security and confidentiality of your personal information, it is possible for internet-based communications to be intercepted and for websites to be hacked. Without the use of encryption, the internet is not a secure medium and privacy cannot be ensured.

R2R will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential or disclosed information that you make to the R2R through the internet, or that you expressly or implicitly authorise the R2R to make, or for any errors in or changes made to transmitted information.

Retention

The time periods for which we keep your personal information may vary according to the use or purpose attached to the information. Unless there is a specific legal requirement requiring us to store your information, however, we will not keep it for longer than necessary for the purpose for which the personal information was collected or for which it is to be processed.

Changes to our Privacy Policy

R2R reserves the right to change, modify, add to or remove from portions or the whole of this Privacy Policy from time to time. Changes to this policy will become effective upon such changes being posted to this website. It is your responsibility to periodically check this policy at the website for changes or updates. Your continued use of this website following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by this policy, including such changes or updates.

Contact details

In the event that you need to contact R2R for purposes related to this Privacy Policy, please use the following:

Telephone:          +27 021 551 1257

E-mail:                 Kate@r2r.org.za

Website:              www.right2repair.org.za