Data Protection Policy

Modified on Wed, 18 Jan 2023 at 01:19 PM

This Data Protection Policy forms part of the Service Terms which it is incorporated into by reference. By agreeing to the Service Terms, you agree to be bound by this Data Protection Policy and related legal documents.

This is version 1.0 of this Data Protection Policy and it became effective on 2013-07-05.


TABLE OF CONTENTS


1.1 About this Privacy Data Protection Policy

This Data Protection Policy sets out how what personal information CloudAfrica collects from you when you use the Services and how CloudAfrica processes that personal information.

If you have any questions about this Data Protection Policy or do not agree with it, please contact CloudAfrica by clicking here before using the Services. CloudAfrica may change this Data Protection Policy from time to time by updating this page.

By using any part of the Services or providing personal information to CloudAfrica you consent to CloudAfrica collecting and processing your personal information on the basis set out in this Data Protection Policy.


1.2 Interpreting this Data Protection Policy

This Data Protection Policy contains a number of words and phrases which have specific meanings and most of which are capitalised. The Supplementary Glossary, below, contains many of these words and phrases (others are set out in these Service Terms’ body and are designated by terms in quotation marks).

CloudAfrica also applies certain rules when interpreting this Data Protection Policy and the Service Terms’ Interpretation Guide sets out these rules.


1.3 Information CloudAfrica Collects From You

1.3.1.1 Personal Information You Volunteer or Which CloudAfrica May Infer

In general, you can use the Website without giving CloudAfrica any personal information. Any domain name information that CloudAfrica collects is not used to personally identify you but is instead aggregated to measure the number of visits, average time spent on the Services, and pages viewed. CloudAfrica uses this information to measure the use of the Services and to improve its contents. However, additional services may be available if CloudAfrica has certain information about you.


1.3.1.2 CloudAfrica May Collect the Following Personal Information

  • a list of the products and services you express an interest in when you use the Website;
  • your name and contact information, including email address and company details which you may submit to CloudAfrica when you interact with the Services or the Website;
  • domain names and profile identifiers;
  • your location or similar location-based information;
  • billing information including payment methods, billing address and contact details, VAT number, and so on;
  • Information regarding your personal or professional interests, demographics, experiences with its products, and contact preferences in order to provide you with further correspondence about its products and Services.


1.3.1.3 CloudAfrica May Intercept and Monitor Your Communications

CloudAfrica may implement systems designed to intercept and monitor your communications with CloudAfrica and/or CloudAfrica’s Associates, to the extent permissible by law, in which case you consent to such interception and monitoring.

As part of this process of intercepting and monitoring these communications, CloudAfrica may record such communications for disclosure on the basis set out in this Data Protection Policy.


1.3.1.4 Personal Information CloudAfrica Collects Automatically

When you use the Services or the Website, CloudAfrica automatically receives and records information on its server logs from your browser or mobile platform, including your location, IP address, cookie information, and the page you requested.

CloudAfrica only uses this data in aggregate form and CloudAfrica may provide this aggregate information to its partners about how its customers, collectively, use the Services, so that its partners may also understand how users make use of the Services. 


1.3.1.5 Security

CloudAfrica takes appropriate security measures to protect against unauthorised access to or unauthorised alteration, disclosure, or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorised access to systems where we store personal data. CloudAfrica restricts access to personal information to employees, contractors, and agents who need to know that information in order to operate, develop, or improve our Services. These individuals are bound by confidentiality obligations.


1.3.1.6 Linking

CloudAfrica may link to other websites which are not within its control. CloudAfrica cannot be responsible for the protection and privacy of any information which you provide to Third Parties. You should exercise caution and look at the privacy statement applicable to the 3rd Party Website or governing the 3rd Party in question.


1.3.1.7 Cookies

As CloudAfrica mentioned above, CloudAfrica uses cookies in the Services. Cookies are files that store information on your hard drive or browser that means that the Services can recognise that you have visited the Website before. They make it easier for you to maintain your preferences on the Services, and by seeing how you use the Services, CloudAfrica can tailor the Services around your preferences and measure usability of the Services. You can, should you choose, disable the cookies from your browser and delete all cookies currently stored on your computer. You can find out how to do this for your particular browser by clicking “help” on your browser’s menu.


1.4 What CloudAfrica Does With the Information

CloudAfrica uses this information to provide you with better services, and in particular for the following reasons: - providing Services you have requested and notifying you about important changes or developments to these Services; responding to you inquiries and complaints or to process your requests in relation to your information; - to follow up as part of its customer care procedures; - updating its records about you; - internal record keeping; - administering offers; - to improve its products and Services; - complying with data retention and related compliance requirements under South African law; - crime detection prevention and prosecution; - competitions and other promotions; - evaluating the effectiveness of its marketing and for research, training and statistical analysis with the aim of improving its Services; - making the Services easier for you to use and providing you with access to certain parts of the Services; and - to contact you for market research purposes.

At the time you provide CloudAfrica with any information in response to a request from CloudAfrica, its request will provide you with specific information as to how CloudAfrica will use such information.

CloudAfrica may contact you by e-mail, phone, fax, or mail in relation to the purposes set out in this section and by submitting such information to CloudAfrica, you are deemed to have agreed to CloudAfrica contacting you using these methods of communication. CloudAfrica will continue to contact you by way of such methods until you advise CloudAfrica in writing you no longer wish to be contacted by certain methods. Please note you are required to accept at least one of the above methods as your chosen method of receipt of communication from CloudAfrica.

CloudAfrica will not pass your personal information to anyone else (other than on the basis set out below and in accordance with appropriate disclosure requirements CloudAfrica may be subject to) without your consent


1.4.1.1 Retention of Information

The Services Provider will keep your personal information for as long as you are a user and for so long as may be required in order for CloudAfrica to comply with its obligations under South African law.


1.5 Sharing Your Information

CloudAfrica will not transfer, disclose, sell, distribute, or lease your personal information to 3rd Parties other than on the following basis: 

  • where CloudAfrica has your permission;
  • where CloudAfrica is required to do so by law;
  • where it is needed by CloudAfrica’s agents, advisers, or others involved in running accounts and services for you or in undertaking activities linked to the operation of such Services or accounts on CloudAfrica’s behalf;
  • or where the transferor disclosure would otherwise be in compliance with legal requirements CloudAfrica is subject to including, but not limited to, statute or regulation.

This process may include sending personal information to other countries, whose data protection laws may not be as comparable to the European Economic Area. However, CloudAfrica has taken appropriate steps to ensure the same level of protection for the processing carried out in these countries as within the Republic of South Africa.


1.6 Accessing Your Personal Information

If you think any personal information CloudAfrica has about you is incorrect or incomplete, please contact CloudAfrica as soon as possible. CloudAfrica will correct or update any information as soon as possible.
You may request details of personal information which CloudAfrica holds about you under the Promotion of Access to Information Act 2000.


1.7 Supplementary Glossary

The defined terms set out below are to be interpreted in accordance with the principles set out in the Interpretation Guide in the Agreement. - “Agreement” means the CloudAfrica Master Services Agreement - “Data Protection Policy” means this Data Protection Policy, as amended from time to time; - “you” has a corresponding meaning with “users” in the Agreement



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