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Privacy Policy

Introduction

  1. This document sets out your privacy rights and obligations and the privacy rights and obligations  of Elastic Technology Solutions (Pty) trading as radiantweb (“we”, “us”, “the Service Provider” or “radiantweb”) pertaining to access to and use of the information, products, services and/or functions provided on www.radiantweb.digital (“the Website”). We refer to these as the “Privacy Terms”, and they supplement our more general Terms of use of our Website and should be considered part and parcel of such Terms.
  2. All access to and use of any information, tools or services offered via the Website is subject to your acceptance of all the Privacy Terms. You (“you” or “the User”) are required to refrain from accessing the Website and/or using our services in the event that you disagree with any of the Privacy Terms. This applies to any user, including without limitation any browser, user, merchant or content contributor.
  3. If you are below the age of eighteen (18) years, you must obtain your parents’ or legal guardians’ advance authorization, permission and consent to be bound by these Privacy Terms before accessing or using the Website.
  4. You can review the most current version of the Privacy Terms at any time on this page. We reserve the right to update, change or replace any part of these Privacy Terms by posting updates and/or changes to the Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

Interpretation

The headings of the clauses in the Privacy Terms are for purposes of convenience and reference only and shall not be used in the interpretation, nor modify or amplify the Privacy Terms nor any clause hereof. Unless a contrary intention appears–

  1. Words importing–
    1. any one gender includes the other gender;
    2. the singular includes the plural and vice versa; and
    3. a natural person includes juristic persons (corporate or unincorporated) and vice versa.
  2. A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
  3. References to clauses are to the clauses of the Privacy Terms.
  4. If any provision in a definition is a substantive provision conferring rights or imposing obligations on any Party, notwithstanding that it is only in the definition clause, effect shall be given to it as if it were a substantive provision in the body of the Privacy Terms.
  5. The expiration or termination of any User Subscription shall not affect such of the provisions of the Privacy Terms as expressly provide that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this.
 

Definitions

The definitions and rules of interpretation in this clause apply in this agreement.

  1. “Business Day” means any day which is not a Saturday, Sunday or official South African public holiday;
  2. “Party” means either Elastec Technology Solutions (Pty) trading as radiantweb or the User, and “Parties” means both us and the User;
  3. “Personal Information” has the meaning ascribed to it in the Protection of Personal Information Act 4 of 2013 (“POPI”), and any applicable law in South Africa and/or in any other jurisdiction where the Services are provided and/or used;

Privacy policy and cookies, POPI and GDPR terms

4.1 We take your privacy seriously and are committed to protecting your personal information. We use the personal information that we collect from you in accordance with this Privacy and Cookie Policy. In preparing this policy we have had regard to South Africa’s Protection of Personal Information Act as well as the European Union’s General Data Protection Regulation (GDPR).

4.1.1 Your rights include:

  • The right to be informed of how your personal information is being used
  • The right of access to your personal information
  • The right to have your inaccurate personal information rectified
  • The right to have your personal information erased
  • The right to restrict the Processing of your personal information pending its verification or correction
  • The right to object to the Processing of your personal information
  • The right to receive copies of your personal information
  • The right to file a complaint with a supervisory authority
  • The right to object to using your personal information for direct marketing, data mining, or research purposes where the research is not in the public interest

4.1.2 In turn, we are responsible for the following:

  • Lawfulness, fairness and transparency — Processing must be lawful, fair, and transparent to the data subject.
  • Purpose limitation — we must process data for the legitimate purposes specified explicitly to the data subject when we collected it.
  • Data minimization — we should collect and process only as much data as absolutely necessary for the purposes specified.
  • Accuracy — we must keep personal data accurate and up to date.
  • Storage limitation — we may only store personally identifying data for as long as necessary for the specified purpose.
  • Integrity and confidentiality — Processing must be done in such a way as to ensure appropriate security, integrity, and confidentiality (e.g. by using encryption).

4.1.3 Personal information when used in this Policy means information that can identify you as an individual or is capable of identifying you. By personal information we don’t mean general, statistical, aggregated or anonymised information. We will request your consent to the collection of personal information by way of a consent notice or banner, when we collect it. You may in this way give us specific, unambiguous consent to process the data. We may also process data when:

  • Processing is necessary to execute or to prepare to enter into a contract to which you are a party. 
  • We need to process it to comply with a legal obligation of ours.
  • We have a legitimate interest to process your personal data

How we collect information about you

4.2.1 When you visit the Site, we may collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we may collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this information as “Device Information.”

4.2.2 We collect Device Information using the following technologies:

– “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. A cookie is a text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. 

– “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.

– “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.

4.2.3 We will request your consent to our collection of Device Information by way of a consent notice or banner. 

4.3 You may additionally voluntarily provide us with your personal information when you sign up on the Website as a member in order to submit tickets, read articles and engage with the community. You may furthermore voluntarily provide us with your personal information when you submit tickets or engage with the community through posts, comments, questions and answers.

How we use your information

4.4.1 We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our Users browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).

4.4.2 We use the personal information which you voluntarily provide to us when you sign up or engage as a member, to supply you with support and resources as selected by you. 

4.4.3 Should you sign up for our service cost calculator only, the name, phone number and email address you supply to us will be stored on our system while you receive the ensuing sequence of emails, and be automatically removed from our system after approximately fourteen (14) calendar days.

4.4.4 We reserve the right to use your Personal Information if such use is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property.

How we store your information

4.5 We store your name, phone number and email address, which are manageable by you, in our site database, with multilevel security in place from hosting level to the site itself. The site is hosted in the United Kingdom and the site database stored there. Our operational software is located in the United States.

How long do we keep your information for?

4.6 The time periods for which we keep your information may vary according to the use or purpose attached to the information. Most of the cookies we use are Strictly Necessary cookies related to security and site storage, and last for the duration of your session only. You may not be able to use our Website optimally or at all if you reject them. Our Performance cookies relate to website analytics, user engagement tracking and customer experience optimisation, are not essential, and may be rejected. If accepted, they may endure for between two days (in the case of customer experience optimisation cookies) to thirteen months (in the case of website analytics and user engagement cookies). Unless there is a specific legal requirement requiring us to keep your information, however, we will not keep it for longer than necessary for the purpose for which the information was collected or for which it is to be processed.

Sharing and disclosing your information with and to third parties

4.7 We reserve the right to disclose your personal information if such disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property, to protect the safety of any person or the general public, or to prevent a violation of the Privacy Terms.

Subject to the aforegoing, we will never disclose your personal information to any third party other than as set out below, without your express consent:

4.7.1 to our employees and/or third party service providers who assist us to interact with you via our Website, email or any other method, and to communicate with you properly and efficiently;

4.7.2 to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of the personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of the Privacy Terms;

4.7.3 to our service providers (under contract with us) who help with parts of our business operations, on the basis that they may only use your information in connection with the services they perform for us and not for their own benefit.

How you can access, update or delete your data.

4.8 To easily access, view, update, restrict or delete your personal data, or make any complaint or objection concerning your personal information, email us at [email protected] with your request, or sign into your Account to view your account settings or open a support ticket.

If you make a request to delete your personal data, the request will be honoured to the extent it is not required for our legitimate business purposes or legal or contractual record keeping requirements.

4.9 Accuracy of information

You are entitled to keep your personal information accurate and up to date by accessing your account online, or emailing us at [email protected].

4.10 Retention of information

We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.

Compliance with laws

  1. This Website is controlled, operated and administered by us from our offices within the Republic of South Africa, using hosting in the United Kingdom and operational systems located in the United States.
  2. These Privacy Terms shall be governed in all respects by the laws of the Republic of South Africa as such laws are applied to agreements entered into and to be performed within South Africa.


Notices

Except as explicitly stated otherwise, any notices shall be given by email to hello@radiantweb.co.za  (in our case) or to any e-mail address you have provided to us (in your case). Any notice shall be deemed to have been received forty eight (48) hours after the relevant email is sent, unless the sending party is notified that the email transmission was unsuccessful. Alternatively, we may give you notice by registered mail to the address which you have provided to us. In such case, notice shall be deemed to have been received on the fifth (5th) business day after the date of mailing. You acknowledge that all agreements, notices or other communication required to be given in terms of the law or these Privacy Terms may be given via electronic means and that such communications shall be “in writing”. Notwithstanding anything to the contrary, a written notice or communication actually received by a party shall be an adequate written notice or communication to it, notwithstanding that it was not sent to or delivered at its chosen address(es) for that purpose.

General clauses

  1. If any provision of these Privacy Terms is held to be illegal, invalid or unenforceable for any reason, such provision shall be struck out from these Privacy Terms and the remaining provisions shall be enforced to the full extent of the law.
  2. Our failure to act with respect to a breach by you or others does not constitute a waiver of our right to act with respect to subsequent or similar breaches.
  3. You shall not be entitled to cede your rights or assign your rights or delegate your obligations in terms of these Privacy Terms to any third party without our prior written consent.
  4. No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.
  5. The head notes to the paragraphs to these Privacy Terms are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.
  6. Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include females and words importing persons shall include partnerships and corporate and unincorporated entities.
  7. These Privacy Terms set forth the entire understanding and agreement between us and you with respect to the subject matter hereof.
  8. The User shall not, without our prior written consent, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this Agreement. We may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of our rights or obligations under this Agreement.