1.1 Twisted Light is an electronic signature system owned and operated by ZonkeTech (Pty) Ltd ("ZonkeTech", "us", "we" or "our"), which can be accessed online at www.twistedlight.co.za.
1.5.1 us, and our successors-in-title; and
1.5.2 you, namely a user who accesses the Website, regardless of the device which you use to access it ("AccessDevice").
3.1 "Personal Information" refers to private information about an identifiable living natural person or, where applicable, an identifiable existing juristic person. Personal Information does not include information that does not identify you (including in instances where that information has been deidentified so that it does not identify a person). The Personal Information that we collect about you may differ on the basis of your engagement with us or the products and services that you receive from us.
1.1 We may process various types of Personal Information about you, as follows:
1.1.1 Identity Information, which includes information concerning your name, username or similar identifier, signature, marital status, title, occupation, interests, date of birth, gender, race and legal status, as well as copies of your identity documents, photographs, identity number and registration number;
1.1.2 Contact Information, which includes your billing addresses, delivery addresses, e-mail addresses and telephone numbers;
1.1.3 Device and Device event information, which includes your IP address, unique device identifier, the nature of the Access Device which you used to access the Website (e.g. a tablet or smart phone, and which type thereof), the geographic location from which you accessed the Website (i.e. the geographic location of your Access Device), hardware model and settings, operating system type and version, browser language, system activity, crashes;
1.1.4 Financial Information, which includes bank account details;
1.1.5 Transaction Information, which includes details about payments made to or received from you and company information, which may consist of financial activity;
1.1.6 Technical Information, which includes your internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access the Website, use our products and/or services or engage with us in any other way;
1.1.7 Usage Information, which includes information as to your access to and use of the Website, such as what links you went to, what content you accessed, the amount of content viewed and the order of that content, as well as the amount of time spent on the specific content;
1.1.8 Location Information, which includes geographical information from your Access Device (which is usually based on the GPS or IP location); and
1.1.9 Marketing and Communications Information, which includes your preferences in respect of receiving marketing information from us and our third parties, and your communication preferences.
2. How we collect your Personal Information
2.1 We collect your Personal Information in two ways, namely:
2.1.1 actively from you; and
2.1.2 passively from your Access Device when you use the Website and any of our products and/or services.
2.2. Active collection from you
2.2.1 We may require you to submit certain information in order for you to register for the Website or use our products and/or services. We may collect Personal Information from you by asking you specific questions and by permitting you to communicate directly with us, for example via e-mail, feedback forms, site comments and forums.
2.2.2 If you contact us, we may keep a record of that correspondence.
2.2.3 The information we may actively collect from you may include your:
18.104.22.168 identifying information (e.g. your name, surname, signature, photograph and employment information);
22.214.171.124 contact details (e.g. e-mail address); and
126.96.36.199 any other information which we may request from you from time to time.
2.3 Passive collection from your Access Device
2.3.1 We passively collect some of your Personal Information from the Access Device which you use to access and navigate through the Website, using various technological means, for instance, using server logs to collect and maintain log information.
2.3.2 The information which we may passively collect from your Access Device may include your identifying information, contact details, Access Device and Access Device event information, activity information, log information, telephony log information, location information and any other information which you permit us, from time to time, to passively collect from your Access Device.
3.1 We use the Personal Information we collect to provide, maintain, and improve the Website and our products and/or services, to develop new services, and to protect us, our services and our users.
3.2 We may use your Personal Information:
3.2.1 to retain and make information available on the Website;
3.2.2 to create your user account and ensure that it doesn’t duplicate an existing user account on the Website;
3.2.3 to maintain and update our customer, or potential customer, databases;
3.2.4 as a registered user, to send you notifications and authenticate your identity when you view and access the Website;
3.2.5 to diagnose and deal with technical issues and customer support queries and other user queries, such as problems with our server, determine the optimal and fastest route for your Access Device to use in connecting with the Website, and administer, maintain and secure the Website;
3.2.7 to provide you with the latest information about the goods and services, provided you have agreed to receive such information;
3.2.8 to conduct market research surveys, product research and development;
3.2.9 to communicate with you;
3.2.10 to compile non-personal statistical information about browsing habits, click patterns and access to the Website;
3.2.11 to improve the Website, analyse trends and administer the Website, including requesting feedback on any information made available on or by means of the Website (the "Content") and our services, products, address any issues and liaise with users in that regard;
3.2.12 to keep a record of our communications with you and your communications with us;
3.2.13 to fulfil any contractual obligations we may have to you or to any third party;
3.2.15 to compile and use statistical information about you and other users and their access to and use of the Website, browsing habits, click-patterns, preferences, and demographics which we may use to develop, provide and improve the Website, including, recommendations to users and tailoring information and Content for users;
3.2.16 to compile, use, disclose and trade with non-personal statistical information about our users and their access to and use of the Website, browsing habits, click-patterns, preferences, demographics which we may use to develop, provide and improve the Website and other products and/or services. Please note that the information referred to in this clause 5.2.17 is aggregate information about our users which has de-identified users' Personal Information such that it cannot be linked back to identify you. We will not disclose your identifiable Personal Information to anyone without your permission;
3.2.17 for security, administrative and legal purposes;
3.2.18 for customer relations; and
3.2.19 other activities not specifically mentioned which are lawful, reasonable, relevant to our business activities and the minimum necessary and adequate in order for us to provide the Website.
3.3 We will get your permission, or otherwise establish a clear lawful basis, before collecting or using your Personal Information for any other purpose.
Only your e-mail address, name and surname, contact details and such other information as we specify from time to time, constitutes compulsory information. Device and Device event information, log information and unique application numbers, as detailed above, are automatically collected. All other information is optional. If you do not agree to share your compulsory information with us, then you will not be able to enjoy all the features and functionality on the Website.
5.2 You agree and consent that your Personal Information may be shared under the following circumstances:
5.2.2 to our employees, suppliers, service providers and agents if and to the extent that they need to know that information in order to process it for us and/or to provide services for or to us, such as hosting, development and administration, technical support and other support services. We will authorise any information processing done by a third party on our behalf, amongst other things by entering into written agreements with those third parties governing our relationship with them and containing confidentiality and non-disclosure provisions. Such persons may be disciplined, their contracts terminated or other appropriate action taken if they fail to meet their obligations;
5.2.3 in order to troubleshoot and correct reported technical problems. All error and transaction logs are purged every 45 days;
5.2.4 in order to enforce or apply the Terms or any other contract between you and us;
5.2.5 in order to protect our rights, property or safety or that of our customers, employees, contractors, suppliers, service providers, agents and any other third party;
5.2.6 in order to mitigate any actual or reasonably perceived risk to us, our customers, employees, contractors, agents or any other third party;
5.2.7 to governmental agencies, exchanges and other regulatory or self-regulatory bodies if we are required to do so by law or if we reasonably believe that such action is necessary to:
188.8.131.52 comply with the law or with any legal process;
184.108.40.206 protect and defend the rights, property or safety of us, our affiliates or our customers, employees, contractors, suppliers, service providers, agents or any third party;
5.2.9protect the rights, property or safety of members of the public (if you provide false or deceptive information about yourself or misrepresent yourself as being someone else, we may proactively disclose such information to the appropriate regulatory bodies and/or commercial entities).
5.3 We may use your Personal Information to compile profiles for statistical purposes.
5.3.1 We will get your permission before disclosing your Personal Information to any third party for any other purpose.
6.1We store your Personal Information:
6.1.1 at on our cloud databases
6.1.2 on our servers;
6.1.3 on the premises and/or servers of our third party service providers, such as IT systems or document storage service providers. In this event, we will ensure that we have entered into a written contract that require such third party service providers to secure the integrity and confidentiality of Personal Information in its possession by taking appropriate, reasonable technical and organisational measures.
6.2 We reserve the right to transfer to and/or store your Personal Information on servers in a jurisdiction other than where it was collected, and such jurisdiction may not have comparable data protection legislation.
6.3 If the location that Personal Information is transferred to does not have substantially similar laws which provide for the protection of Personal Information, we will take reasonably practicable steps to ensure that your Personal Information is adequately protected in that jurisdiction.
7.1 We take reasonable technical and organisational measures to secure the integrity of retained information, using accepted technological standards to prevent unauthorised access to or disclosure of your Personal Information, and protect your Personal Information from misuse, loss, alteration or destruction.
7.2 From time to time, we review our information collection, storage and processing practices, including physical security measures, to keep up to date with good practice.
7.3 See clause 7.2.2 regarding measures to protect the information which is provided to employees, agents and contractors on a need-to-know basis.
7.4 We also create a back-up for operational and safety purposes.
7.5 We will promptly notify you if we become aware of any unauthorised use, disclosure or processing of your Personal Information.
7.6 Even by taking the above measures when Processing Personal Information, we do not guarantee that your Personal Information is 100% secure. Subject to the provisions of this clause 9.6, as far as the law allows, we will not be liable for any loss, claim and/or damage arising from any unauthorised access, disclosure, misuse, loss, alteration or destruction of Personal Information.
8.1 We retain all Personal Information which we collect from you unless there is a valid technical, legal or business reason for us to delete, destroy or de-identify it (“Retained Information”).
8.2 We may keep all Retained Information for as long as you continue to access the Website, Content or products and/or services for as long as reasonably necessary or until you contact us and ask us to destroy the retained information.
8.3.1 we are required or permitted by law, a code of conduct, or a contract with you to keep it;
8.3.2 we reasonably need it for lawful purposes related to our functions and activities;
8.3.3 we reasonably need it for evidentiary purposes; or
8.3.4 you agree to us keeping it for a specified further period.
9.1 Where required by law, we take reasonable steps to ensure that your Personal Information is accurate, complete, not misleading, and up to date.
9.2 We also acknowledge that you may have rights of access to, and the right to rectify, your Personal Information, and rights to object to the Processing of your Personal Information in certain circumstances.
9.3 You must let us know if any information we have about you is incorrect, incomplete, misleading or out of date, by notifying us at the contact details set out below. If you have already registered on the Website, you can at a later stage modify some of the Personal Information you have included in your profile by logging in and recreating your profile with your updated Personal Information.
9.4 Where required by law, we will take reasonable steps to correct or update the relevant Personal Information accordingly having regard to the purpose for which the Personal Information was collected or used.
Sometimes the law says that we have a duty to make you aware of some information or other matters, unless you agree that we do not need to do these things (this is called a waiver of rights). In these cases, you agree that where the law requires us to make you aware of something (to inform or notify you) or to do something else, we do not have to do this. Because you agree to this, we will not have this duty anymore and will not need to make you aware of the information or other matters.
The Website is not targeted at children under the age of 18. We will not knowingly collect information from persons in this age group without permission to do so.
13.1 When you register on the Website, you may receive marketing communications from us.
13.2 You may refuse to accept, require us to discontinue, or pre-emptively block any approach or communications from us if that approach or communication is primarily for the purpose of direct marketing (“Direct Marketing Communications”).
13.3 You may opt out of receiving Direct Marketing Communications from us at any time by requesting us (in any manner, whether telephonically, electronically, in writing or in person) to desist from initiating any Direct Marketing Communications to you.
13.4 If you have opted out, we may send you written (which may include electronic writing) confirmation of receipt of your opt out request, and not send you any further Direct Marketing Communications.
14.1 To the extent allowed by law, we are not responsible for the privacy practices of a third party site to which there may be a link on the Website, or for any claims, loss or damage arising from these.
14.3 We are not liable if you suffer losses or damages when visiting third party websites by following a link to that website from the Website. You accept that there may be risks when you use such third party websites, and you do so at your own risk.
15.1 Data protection laws may confer certain rights on you in respect of your Personal Information. We aim to be clear about what Personal Information we collect so that you can make meaningful choices about what Personal Information you make available to us.
15.2 Should you wish to exercise you rights or have any queries about your Personal information, please contact email@example.com applicable. You may, for example:
15.2.1 Block all cookies, by setting your browser to do so, including cookies associated with our products and services or to indicate when a cookie is being sent by us.
15.2.2 Request access to your Personal Information (commonly known as a “data subject access request”), which indicates what Personal Information we have about you.
15.2.3 Request the correction of your Personal Information, in order to ensure that any incomplete or inaccurate Personal Information is corrected.
15.2.4 Request erasure of your Personal Information, where there is no lawful basis for the retention or continued processing of it.
15.2.5 Object to the processing of your Personal Information for a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms.
15.2.6 Request restriction of processing of your Personal Information. This enables you to ask us to suspend the processing of your Personal Information in limited circumstances, which may differ by jurisdiction.
15.2.7 Withdraw consent which you previously gave to the processing of your Personal Information at any time. You may withdraw your consent for us to process your Personal Information at any time. The withdrawal of your consent can only be made by you on condition that such withdrawal of your consent:
220.127.116.11 does not affect the processing of your Personal Information before the withdrawal of your consent; or
18.104.22.168 does not affect the processing of your Personal Information if the processing is in compliance with an obligation imposed by law on us; or
22.214.171.124 does not affect the processing of your Personal Information where such processing is necessary for the proper performance of a public law duty by a public body; or
126.96.36.199 does not affect the processing of your Personal Information as required to finalize the performance of a contract in which you are a party; or
188.8.131.52 does not affect the processing of your Personal Information as required to protect your legitimate interests or our own legitimate interests or the legitimate interests of a third party to whom the information is supplied.
15.2.8 Withdrawal of consent may limit our ability to provide certain products and services to you but will not affect the continued processing of your Personal Information in instances in which your consent is not required.
15.3 As far as the law allows, we may charge a fee for attending to any of the above requests and may also refuse to carry out any of your requests in whole or in part.
16.2.1 does or purports to limit or exempt us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption;
16.2.2 requires you to assume risk or liability for the kind of liability or loss, to the extent that the law does not allow such an assumption of risk or liability; or
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