This Privacy Notice (“The Notice”) govern the Dr-Doctor services (in this Notice we refer to ourselves as ‘we’, ‘us’ or ‘our’) and has been put in place to give you the assurance and peace of mind regarding how we go about using and protecting your information. It must be read in conjunction with our Terms and Conditions that you can find on our website here.
We will explain how our organisation uses the personal and special personal information (“Information) we collect from you when you make use of the Dr-Doctor Platform and/or the Service(s). It also gives you our details in case you want to contact us and query any issues that you may have.
ABOUT THIS PRIVACY NOTICE
This Notice is effective from 6 April 2020. You should check this Notice from time to time to ensure that you are happy with it, as we may change this Notice by updating it. If you have any questions about this Notice or do not agree with it, please contact us by visiting our website before accessing or using the Service. You can also contact us at email@example.com.
ABOUT THIS SERVICE
Please read this Notice carefully. By continuing to use the Dr-Doctor platform, accessing any part of the Service or by providing any information to us, you agree to the use and transfer of your information by us, or any of our 3rd Party Partners or other 3rd Parties, on the terms set out in this Notice. You agree to provide accurate, truthful, and current information, and not to impersonate or misrepresent any person or entity, or falsely state or otherwise misrepresent your affiliation with anyone or anything. Failure to adhere to this requirement will entitle the Company, among other things, to terminate your use of the Dr-Doctor Platform and/or the Service(s). The Service presented to existing or potential customers is a voluntary service through which we collect certain personal information directly from you for the purpose of operating the Dr-Doctor platform and to provide the service(s) or carry out the transaction(s) you have requested or authorized. We will also use this service to provide you with Direct Marketing material. We may use your information to provide you with important information about the product or service that you are using, including critical updates and notifications. Additionally, we may send you information about some of our other products and services, and/or share your personal information with our Third Party Partners so they may send you information about their products and services.
To see how we will do this, please check out our Direct Marketing clause.
LEGAL AGE AND CAPACITY
You may not use the Service and may not accept this Notice if you –
• lack the legal capacity to enter into a binding contract with us;
• are a person who is not permitted to access or use this Service under the laws of the country in which you are resident or from which you access the Service; or
• require the consent of a guardian or parent to competently agree to this Notice and have failed to obtain that consent.
By using the Service and/or content made available to you through the Service (“Content”) you represent and warrant that you are of full legal age, or are emancipated or have your guardian’s consent to enter into a contract being our terms and condition and this Notice.
PERSONAL INFORMATION WE MAY COLLECT FROM YOU
We may collect the following information:
• any information which you are asked for when registering to use or when otherwise using the Service;
• a list of the products, services you indicate an interest in or have made use of;
• your name and contact information, including email address and location;
• identifiers such as your identity number or passport number;
• information relating to your use of our customers’ products and services;
• indications that you have opted-in to receive communications;
• information regarding your personal or professional interests, demographics, income, age, location, experiences with our products and contact preferences in order to provide you with further correspondence about our products and services.
You supply your personal information to us voluntarily. However, failure to provide us with the required personal information may result in you not being able to access the Service provided.
WHAT DO WE DO WITH YOUR INFORMATION
We use this information to provide you with a better service, and in particular for the following reasons:
• sending you marketing communications (SMS, E-mail, AVM, Telephonic Calls) with the latest specials, deals and promotions in various industries, such as financial services, insurance, motor warranty, loans, phones etc;
• providing information about goods and/or services you have requested and notifying you about important changes or developments to these goods and/or services;
• to follow up as part of our customer care procedures;
• updating our records about you;
• internal record keeping;
• administering offers;
• to improve our products and services;
• crime detection prevention and prosecution;
• competitions and other promotions;
• evaluating the effectiveness of our marketing and for research, training and statistical analysis with the aim of improving our services;
• to offer you a more consistent and personalized experience in your interactions with us, information collected through our service may be combined and supplemented with information obtained from other companies;
• making our Service easier for you to use and providing you with access to certain parts of the Service; and
• to contact you for market research purposes.
At the time you provide us with any information in response to a request from us, our request will provide you with specific information as to how we will use such information.
Other than for the direct marketing purposes referred to below, we may contact you by e-mail, phone, sms, fax or mail in relation to the purposes set out in this section and by providing such information you are deemed to have agreed to us contacting you by these methods of communication. We will continue to contact you by way of such methods until you advise us in writing you no longer wish to be contacted by certain methods.
We will not pass your details to anyone else (other than on the basis set out below and in accordance with appropriate disclosure requirements we may be subject to).
We would like to provide you with information about new products, promotions, special offers and other information, which we think you may find interesting. You agree that we may send you marketing communications (SMS, E-mail, AVM, Telephonic Calls). You may opt-out of our direct marketing campaigns at any time, at which point we will not send you any direct marketing related to a specific service or associated campaign. Should you decide to opt out of all or any direct marketing received from us, you can mail firstname.lastname@example.org or register on the national do not contact list which can be found on www.dmasa.org.
We partner with Third Parties that are typically insurance providers, financial service providers, motor industry providers, asset providers, loan and phone providers and related service providers. We use your personal information to convey your opinions and preferences relating to our products and services to them to enable them to both identify products and services you may be interested in and address concerns you may raise about them.
These Third Party Partners will provide you with commercial offers from the categories as stipulated. This marketing material will include special offers and deals.
If we are providing you with Services you will also be subject to the specific terms and conditions relating to the product or services you are being provided with and these terms will include additional information as to how we or any of our Third Party Partners may contact you.
If you are a new Customer or you have previously asked us for information on our products, we may send you information on our range of products through our marketing communications (SMS, E-mail, AVM, Telephonic Calls email).
If the reason you have given us personal information is to receive marketing communications from us, we will continue to provide this information to you unless you ask us not to do so.
PERSONAL INFORMATION WE COLLECT AUTOMATICALLY
When you use the Service, we automatically receive and record information on our server logs from your browser or mobile platform, including your location, IP address, cookie information, and the page you requested.
We mostly uses this data in aggregate form and we may provide this aggregate information to our Third Party Partners about how our customers collectively use the Service, so that our they may also understand how you make use of the Service.
CONSENT TO COLLECT FROM EXTERNAL SOURCES
You agree to allow us to collect further information about you from external sources, including credit bureaus and our affiliates for the sole purpose of ensuring that our aggregated data is accurate and up to date.
We are committed to ensuring that your information is secure. To prevent unauthorized access or disclosure we have put in place appropriate organizational and technological measures to safeguard and secure the information we collect about you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. For example, if you personalize a Web page, or navigate within a site, a cookie helps the site to recall your specific information on subsequent visits. This simplifies the process of delivering relevant content, eases site navigation, and so on. When you return to the Web site, the information you previously provided can be retrieved, so you can easily use the site’s features that you customized.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you are using Internet Explorer, search for “Cookies” in the Help menu to find detailed instructions. If you choose to decline cookies, you may not be able to use interactive features of this or other Web sites that depend on cookies.
SHARING YOUR INFORMATION
We will not transfer, disclose, sell, distribute or lease your personal information to third parties other than on the following basis:
• where we have your consent as indicated on our terms and conditions;
• where we are required to do so by law;
• where it is deemed by us to be in our legitimate interest;
• where it is needed by our agents, advisors or others involved in running accounts and services for you or in undertaking activities linked to the operation of such services or accounts on our behalf; or
• where the transfer or disclosure would otherwise be in compliance with legal requirements, we are subject to including, but not limited to, statute or regulation.
Dr-Doctor occasionally hires other companies to provide limited services on our behalf, such as Web site hosting, packaging, mailing, and delivering prizes, answering customer questions about products and services, and sending information about our products, special offers, and other new services. We will only provide those companies the personal information they need to deliver the service. They are required to maintain the confidentiality of the information and are prohibited from using that information for any other purpose.
You warrant that all information (including personal and special information) that you provide to us will be correct. You acknowledge that we may verify your identity and your personal information through an automated email verification process and/or with third party service providers.
ACCESSING YOUR PERSONAL INFORMATION
If you think any information we have about you is incorrect or incomplete, please contact us at email@example.com, in writing, as soon as possible. We will correct or update any information as soon as possible.
KEEPING YOUR PERSONAL INFORMATION
You agree to allow us to keep your personal information after we have finished processing it for its original purpose. You further agree that we can further process your personal information in the future for the purposes mentioned in our terms and conditions and this Notice, without needing to notify you. You can ask us to delete any information we have of you by making a request in writing.
THIRD PARTY GOODS AND SERVICES WEBSITES
For purposes of this clause and Notice, 3rd Parties will include both 3rd Party Partners as referred to in our Direct Marketing clause, as well as any 3rd Parties providing goods and/or services which you may link to or access through your use of the Service. Your use of this service may be subject to this Notice and/or the terms and conditions applicable to those 3rd Party goods and/or services.
You agree that it remains your obligation to familiarize yourself with 3rd parties’ terms and conditions and to comply with both them and this Notice. In the event there is a conflict between this Notice and 3rd Party’s terms and conditions, this Notice shall prevail to the extent of the conflict for the purposes of your Service use.
Links to and from the service from and to 3rd Party websites do not constitute our endorsement of these 3rd Party websites or their contents, nor do we necessarily associate ourselves with their owners or operators. You are solely responsible for identifying and familiarizing yourself with any terms and conditions which will govern your relationship with 3rd Parties operating the 3rd Party websites.
Dr-Doctor has no control over 3rd Party websites and you agree that we are not responsible for any content, information, goods or services available on or through any 3rd Party websites or for any Losses caused or alleged to be caused by or in connection with your use of or reliance on any such content, information, goods or services available on or through any 3rd Party websites. You agree that where you access 3rd Party websites, you do so entirely at your own risk.
Your interaction, correspondence or business dealings with 3rd Parties which are referred to or linked from or to the Service is similarly entirely at your own risk and are solely between you and that 3rd Party including the acquisition, disposal, payment and delivery of any goods or services, and any terms, conditions, warranties or representations associated with such interaction, correspondence or business dealings.
We grant you a personal, revocable, worldwide, royalty-free, non-commercial, non-transferrable and non-exclusive license to access our Content on the Service. This license is for the limited purpose of enabling you to use the Service, in the manner permitted by this Notice and the Service’s functionality. In the event we revoke this license, you may no longer access the Service or make any use of our Content.
You acknowledge that you do not acquire any ownership rights or rights of use in or to any Content by copying, reproducing, distributing, transmitting, displaying, broadcasting, or publishing that Content except where explicitly permitted to do so.
This Notice contains provisions which limit our exposure to legal liability and even make you responsible for a variety of acts. Some of these provisions do have the effect of limiting your rights in law and conferring obligations on you by virtue of your agreement with this Notice.
DISCLAIMERS AND LIABILITY LIMITATION
Your use of and reliance through the Service is entirely at your own risk. The Service is provided “As Is” and “As Available”. To the fullest extent permissible by law, we disclaim all warranties of any kind, whether expressed or implied.
While we take reasonable precautions in our operation of the Service, you agree that we shall not be liable in respect of any Losses however arising and whatever the cause. “Losses” means all losses (including, but not limited to those in respect of injury, damage to physical property or loss of life), liabilities, costs, expenses, fines, penalties, damages and claims, and all related costs and expenses (including legal fees on the scale as between attorney and own client, tracing and collection charges, costs of investigation, interest and penalties).
We will use reasonable endeavors to make the Service available to you, and keep the Service available to you at the appropriate times. However, you agree that we shall not be liable in respect of any Losses caused by or arising from the unavailability of, any interruption in or your access to the Service (either in part or as a whole) for any reason whatever.
You indemnify us from any Losses attributable to your use or miss-use of the Service
GOVERNING LAW AND JURISDICTION
The Service is controlled and maintained from our facilities in the Gauteng province of the Republic of South Africa. You irrevocably agree that the law of the Republic of South Africa shall govern the Service and this Notice.
You consent to the jurisdiction of the South Gauteng High Court, Johannesburg, South Africa in respect of disputes which may arise out of your use of the Service and this Notice.
You also irrevocably and unconditionally consent to the jurisdiction of the Magistrates Court even though the value of a claim which we may have against you may exceed the ordinary monetary jurisdiction of the Magistrates Court.
DOCUMENTS AND NOTICES
We choose the addresses and other contact details specified in our ECT Act Disclosures section, below, for all communication purposes under this Notice, whether in respect of court process, notices or other documents or communications of whatsoever nature.
In this Notice, headings are for convenience and we don’t intend for them to be used to interpret this Notice.
If, in this Notice, we refer to a party who is liquidated or sequestrated (or has been through a comparable process under a different legal system), then this Notice will also be applicable to and binding on that party’s liquidator or trustee, as the case may be.
Unless we indicate to the contrary in this Notice, any references to any gender includes the other genders, a natural person includes an artificial person and vice versa, the singular includes the plural and vice versa.
When we specify any number of days in this Notice, the number of days excludes the first day and includes the last day unless the last day falls on a Saturday, Sunday or gazetted public holiday in the Republic of South Africa, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or gazetted public holiday in the Republic of South Africa. Generally speaking, references to a “day” are references to typical business days.
If you have any complaints or would like more information, please e-mail firstname.lastname@example.org
The following words and phrases bear the meanings assigned to them below and related expressions bear corresponding meaning:
• “3rd Party” means our Client’s and Affiliates for the specific purpose of marketing product related services to you;
• “Our Marketing’s Associates” means Dr-Doctor officers, servants, agents or contractors or other persons in respect of whose actions Dr-Doctor may be held to be vicariously liable;
• “Third Party Partner” means the entity or person who contracts with us for the use of the Services;
• “Content” means all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which may be protected by copyright;
• “ECT Act” means the Electronic Communications and Transactions Act 25 of 2002 (as amended from time to time as well as any regulations issued in terms of this Act);
• “Intellectual Property” means all works, including literary works, pictorial, graphic and sculptural works, architectural works, works of visual art, and any other work that may be the subject matter of copyright protection; advertising, marketing and promotional concepts, ideas, proposals and slogans (whether or not subject to copyright); information; data; formulas; designs; models; drawings; computer programs; including all documentation, related listings, design specifications, and flowcharts; trade secrets; and any inventions, including all processes, machines, and compositions of matter, and any other invention that may be the subject matter of patent protection; and all statutory protection obtained or obtainable thereon;
• “Intellectual Property Rights” means rights, whether registered or unregistered, including applications for and rights to obtain or use Intellectual Property;
• “Losses” means all losses (including, but not limited to those in respect of injury, damage to physical property or loss of life), liabilities, costs, expenses, fines, penalties, damage, damages and claims, and all related costs and expenses (including legal fees on the scale as between attorney and own client, tracing and collection charges, costs of investigation, interest and penalties);
• “Party” means either Dr-Doctor or you as the context may indicate (“Parties” has a corresponding meaning);
• “Personal Information” bears the meaning contained in the Protection of Personal Information Act, no 4 of 2013, as amended from time to time;
• “Service” means the services provided by Dr-Doctor through which they market various products to users by means of SMS, email, automated voice messaging and online marketing;
• “South African Law” means all and any laws and regulations of the Republic of South Africa, including but not limited to applicable codes of conduct, as may be promulgated or amended from time to time;
• “Terms” means the terms and conditions which govern use of the Service, as amended from time to time, and which comprise the following“
• “use” when used in the context of –
o a website (whether it be the website affiliated with Dr-Doctor or a 3rd Party Website), means to visit, load in a web browser, mobile phone or similar software application or device or otherwise engage with a website;
• “user” means you, the website user, to which the products are marketed by Dr-Doctor for the purposes of Dr-Doctor.