United Cape States Transitional Authority

Privacy Policy

Last updated [September 22, 2023]

1. DATA PROTECTION

1.1 The “User” being a data subject and further, as the duly authorised representative of the said User, hereby acknowledge that has been engaged or may possibly be engaged to render or potentially enter into communication and therefore consent thereto that United Cape States collects, hold, organise, store, use, administer and process the User’s personal information for this purpose.

The personal information (the “information”) in relation to this consent is:

1.1.1 the User’s contact details (including name, surname, identification number, email address, phone number).

1.2 The User acknowledges that it has the right to:

1.2.1 request a list of the names and addresses of any potential recipients of the information;

1.2.2 to review and correct the Information;

1.2.3 The User acknowledges that information may be requested and shared in terms of its Promotion of Access to Information Act (“PAIA”) Manual; and

1.2.4 to request the return or destruction of the Information once it is by law no longer required under the engagement with United Cape States.

1.3 United Cape States undertakes that all personal information will be held securely to the standard directed by the Protection of Personal Information Act 4 of 2013 as amended (the “Act” or “POPIA”).

1.4 In the case of registration of a mandate, where the User has selected and acknowledged that relevant information may be shared by the User’s preferred oraanisation as a third party, the United Cape States has bound such affiliated third party organisation to a similar standard as required and prescribed by POPIA.

2 GOVERNING LAW

The validity of this Agreement, its interpretation, the respective rights and obligations of the Parties and all other matters arising in any way out of it or its expiration or earlier termination for any reason shall be determined in accordance with the laws of the Republic of South Africa.

Personal Information:

These Terms of Use and your use of the Platform are governed by and construed in accordance with the Electronic Communications and Transactions (ECT) Act applicable to agreements made and to be entirely performed within South Africa. Further to the requirements of the ECT Act and the Protection of Personal Information (POPI) Act of 2014; we will disclose your personal information without your consent:

– if we are required to do so by law or a court order,

– if disclosure is in the public interest, and

– with your express or implied consent.

In terms of the Consumer Protection Act and section 45 of the ECT Act, you understand that you have the right to opt out of any mailing list maintained by United Cape States for commercial and marketing communications.

Interception of Communications:

Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, users:

– agree to United Cape States’ right to intercept, block, filter, read, delete, disclose and use all communications (including all “data messages” as defined in the ECT Act) posted by users to the Platform or United Cape States employees.

– agree and acknowledges that the consent provided by the users in clause 18.1 satisfies the “writing” requirement as detailed in the ECT Act and the RIC Act.

Applicable Law, Jurisdiction and Dispute resolution:

The Platform is hosted, controlled and operated from the Republic of South Africa and therefore this Policy, the use of, or inability to use, the Platform, its contents, services and these terms and conditions are governed by and interpreted in accordance with South Africa law enforced by South African courts.

PLEASE ALSO READ OUR TERMS AND CONDITIONS