Terms of use

TERMS OF USE

Copyright 21 ICONS Global (Pty) Ltd. 2018

TAKE NOTE THAT THESE TERMS AND CONDITIONS CONTAIN PROVISIONS THAT DISCLAIM, LIMIT AND EXCLUDE THE LIABILITY OF 21 ICONS TO YOU AND THAT INDEMNIFY 21 ICONS AGAINST CLAIMS AND DAMAGES THAT IT MAY SUFFER AS A RESULT OF YOUR CONDUCT. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PROCEEDING TO USE THE WEBSITE FURTHER.

INTRODUCTION

These Terms and Conditions of use pertain to all 21 ICONS websites, including the site found at the URL, www.21icons.com and www.21icons.co.za

These terms and conditions (“the Website Terms and Conditions”) govern your use of 21 ICONS websites (“the Website”), whether you are a registered user with login capability, or not. By accessing and using the Website, you agree to be bound by the Website Terms and Conditions set out in this legal notice. If you do not wish to be bound by these Website Terms and Conditions then you may not access, display, download, and/or otherwise use, copy or distribute any content obtained from the Website. You may not use the Website if you are not of a legal age to form a binding agreement with  21 ICONS. The general terms pertaining to visiting the Website in these Website Terms and Conditions become effective when you access the Website for the first time. To the extent that any terms pertain to your interaction with the Website, such as where you make use of any user forums on the Website, or share any information via the Website, such terms are effective and shall bind you and 21 ICONS from the point of such interaction. The current version of these Website Terms and Conditions will govern our respective rights and obligations each time you access this site.

For further information on the gathering, use and disclosure of your personal information please see our Privacy Policy. For further information on our use of electronic cookies and web analytics tools, please see our Cookie Policy.

The Website is intended to provide you, the consumer, with information about the services we offer and to offer such products or services as we, in our discretion, may elect to make available via our Website.

DEFINITIONS

In these Website Terms and Conditions, unless it is clear from the context that another meaning should be attached to a word, the following words and expressions shall bear the following meanings:

“21 ICONS” means Ginkgo Agency (Pty) Ltd, a company incorporated and registered in CAPE TOWN, SOUTH AFRICA, having its place of business at 28 JARVIS STREET, DE WATERKANT, CAPE TOWN, SOUTH AFRICA, and shall bear the same meaning when referred to as “we” or “our”.

“Content” means all content published on the Website, and does not only refer to video content that is made available to registered and other users, but also includes information about us, the various products or services we offer, the clients we have serviced and various resources and shall include, but not be limited to, all information, data, images, sound clips and logo’s on the Website, as well as any other intellectual property (whether registered or unregistered) that is the property of 21 ICONS, its affiliates or subsidiaries, any of its clients, partners or licensors, or any other third party.  

“Effective date” means the date on which you first access and interact with the Website.  By accessing and using the Website, you are deemed to have read and accepted these Website Terms and Conditions.

“User” means you, the person who accesses the Website.  In the appropriate context, “you” or “your” shall bear the same meaning when referred to in the first person.

TERMS

INTERPRETATION

These Website Terms and Conditions are legally binding on both you and 21 ICONS, and constitute a binding agreement between you and 21 ICONS.

In this document: a reference to any male shall include the female and vice versa; a reference to the singular shall include the plural and vice versa; a reference to a natural person shall include a corporate person or juristic entity (such as a company, or a trust) and vice versa; the provisions contained in the Introduction, Definitions and this clause on Interpretation shall, unless the context indicates a contrary intention, comprise substantive provisions conferring reciprocal rights and obligations on you and 21 ICONS.

These Website Terms and Conditions shall be construed and interpreted according to the laws of South Africa.

DURATION OF THESE WEBSITE TERMS AND CONDITIONS, REGISTRATION FOR PARTICULAR SERVICE AND CONFLICT

These Website Terms and Conditions shall be effective from the Effective Date and shall endure for a continuous period until the User’s use of the Website is permanently discontinued or suspended or cancelled, save for the rights and obligations which by their nature are intended to survive termination of access to the Website.  If the User registers for a particular service and is given login details pursuant thereto, there may be other terms and conditions pertaining to the use of that specific service by the User, that are concluded during the online registration process. Such terms and conditions (“End-User Terms and Conditions”) shall be effective from registration, until the User’s use of the particular service is permanently discontinued or suspended or cancelled, save for the rights and obligations therein which by their nature are intended to survive termination of access to the particular service.  These Website Terms and Conditions shall bind the User simultaneously with the End-User Terms and Conditions, provided that, if there is a conflict between these Website Terms and Conditions and the End-User Terms and Conditions and both apply to a User, the latter shall prevail.

UPDATES TO THESE WEBSITE TERMS AND CONDITIONS

21 ICONS reserves the right to update, amend, change and/or modify these Website Terms and Conditions from time to time. Changes to these Website Terms and Conditions will become effective immediately upon such changes being posted to the Website.  By accessing the Website, you are bound to the version of the Website Terms and Conditions published at the time of any visit to the Website. The User’s continued use of the Website following the posting of updates, amendments, changes and/or modifications will be considered notice of the User’s acceptance to abide by and be bound by the updated and current version of these Website Terms and Conditions.

21 ICONS is also entitled to make any changes to the Content of the Website, and to service offerings and/or any other information offered through the Website at any time and without notice.

A certificate signed by the administrator responsible for maintaining the Website will be face value (or “prima facie”) proof of the date of publication and Content of the current version of these Website Terms and Conditions, and/or all previous versions thereof.

COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS

21 ICONS provides the Content on the Website. Content currently or anticipated to be displayed on the Website is provided by 21 ICONS, its affiliates and/or subsidiaries, or any other third party owners of such Content, and includes but is not limited to copyrighted material, musical works, artistic works, sound recordings, video materials, and other forms of content. All such proprietary works, and the compilation of the proprietary works, are copyright of 21 ICONS, its affiliates or subsidiaries, or any other third party owner of such rights (“the Owners”), and are protected by international copyright laws. Accordingly, any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of the Content or any component thereof will constitute an infringement of such copyright and other intellectual property rights.

The trademarks, names, logos and service marks (collectively “Trademarks”) displayed on the Website are the registered and/or unregistered Trademarks of 21 ICONS, its affiliates and/or subsidiaries and/or any other third party owner (“the Owners”), as the case may be. Nothing contained on the Website should be construed as granting any license or right to use any Trademark without the prior written permission of the relevant Owner thereof.  Except as specified in these Website Terms and Conditions, you are not granted a license or any other right to copyright in respect of the Content, nor to use the Trademarks and/or any other intellectual property rights owned by the Owners which may be accessible via the Website, and all such rights are reserved and retained by 21 ICONS and/or the relevant Owners, as the case may be.

You acknowledge that you have no right, title or interest in or to the Content, the Trademarks and/or any other intellectual property rights owned by the Owners.

LIMITED LICENSE GRANTED TO USERS

Without limiting the generality of the above section, you are authorised to view the Content on the Website and 21 ICONS grants to you a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future Content for personal, non-commercial use and information purposes only. For the avoidance of doubt, this does not apply to accessing training Content as a registered User for a particular service.

Save as contemplated by these Website Terms and Conditions, the Website and the Content may not be reproduced, duplicated, copied, resold, visited or otherwise exploited for any commercial purpose without the express prior written consent of 21 ICONS.

The license does not allow you to collect or “scrape” information from the Website, and does not allow any derivative use of this Website or the Content for the benefit of another merchant and/or retailer.

You may not frame nor use framing technologies to enclose the Website or the Content nor any part thereof without the express written consent of 21 ICONS.

You are restricted to use the Website and Content only for lawful purposes and you warrant that you shall not use the Website: 1) to transmit or post material which is in violation of any law or regulation, which is obscene, threatening, racist, menacing, offensive, defamatory, in breach of any duty of confidence, in breach of any intellectual property rights, or otherwise objectionable or unlawful; and 2) other than for personal and non-commercial use, storage on a computer, or printing and/or copies of extracts from the Website, which shall include “mirroring” or cache-ing any of the Content of Website on a server, or copying, adapting, modifying and/or reusing the text or graphics obtained from the Website, without the prior written permission of 21 ICONS.

21 ICONS does not offer its services to minors. If you are under the age of 18, 21 ICONS will not provide you with any services as advertised on the Website.

21 ICONS, its affiliates and/or subsidiaries reserve the right to refuse service and to remove or edit Content at their sole discretion.

Any unauthorised use terminates this license.

ACCEPTABLE USAGE OF ANY USER FORUM

Access to any User-generated information sharing pages that may appear on the Website from time to time, shall be granted at the sole and absolute discretion of 21 ICONS and access may be suspended or revoked at any time without reason or notice. No person who has been granted access to any such pages may re-publish the content contained thereon in any other medium without the express written consent of 21 ICONS. Any person who wishes to have access to such pages assumes all risks associated therewith. No person may publish any content on any 21 ICONS forum or information sharing page that propagates racist, sexist, homophobic or xenophobic views, that constitutes hate speech or incitement to violence or that is designed or likely to provoke a sense of discomfort or fear in the reader.  21 ICONS retains unfettered editorial rights over all content published on its Website and reserves the absolute right to delete, edit or block any User-generated content as it sees fit.

PERMISSION FOR HYPERLINKS, DEEP LINKING, CRAWLERS & METATAGS

No User may establish a hyperlink, frame, metatag or similar reference, whether electronically or otherwise (collectively referred to as “Linking”), to the Website or any subsidiary pages thereof before receiving 21 ICONS’s prior written approval, which may be withheld or granted subject to the conditions 21 ICONS may specify from time to time.

Any third party site may link to the Website provided that such a link is directed at the home page only, unless with our prior written consent.  We may provide links to other websites, but the inclusion of any link does not imply our endorsement of such sites, nor the endorsement of any products and/or services advertised on such sites and such links are for convenience only.

21 ICONS shall not be held responsible or liable, directly or indirectly, in any way for the contents, use, or inability to use or access any linked websites or any advertisement displayed on the Website.  

It is expressly prohibited for any person, business, entity, or website to frame any page on the Website, including the home page, in any way whatsoever, without the prior written approval of 21 ICONS.  An application for Linking must be submitted to info@21Icons.com. Once received 21 ICONS will do its best to respond and enter into further discussions with you. If you do not receive a written response from 21 ICONS within five business days, you should consider the request as having been rejected.

A breach of this provision entitles 21 ICONS to take legal action without prior notice to you and you agree to reimburse 21 ICONS with the costs associated with such legal action.

Hyperlinks:

Notwithstanding the fact that hyperlinks may exist from time to time in these Website Terms and Conditions to facilitate access to notices, policies and legislation that are incorporated into the Website Terms and Conditions, you agree that in those instances, where some or all of the hyperlinks malfunction or are not operational, such occurrence shall not affect the validity or enforceability of these Website Terms and Conditions.  You undertake, at your own convenience and discretion, to review and acquaint yourself with necessary documents.

External Links:

External links may be provided for your convenience, but the functioning of these links are beyond the control of 21 ICONS and no representation is made as to the accuracy or reliability of any content accessed via such links. Use or reliance on any external links or content accessed via such links provided is at your own risk.  When visiting external links you must refer to that external website’s terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to the Website without the express prior written permission of 21 ICONS.

Crawlers and Spider Searching Technology:

Apart from bona fide (or “good faith”) search engine operators and use of any search facility provided on the Website, you may not use or attempt to use any technology or applications (including web crawlers, robots or web spiders) to search, collect or copy Content from the Website for any purpose whatsoever, without the prior written consent of 21 ICONS.  The use of non-malicious search technology, such as ‘web-crawlers’ or ‘web-spiders’ to search and gain information from the Website is not permitted if such technology will result in slowing down the Website’s server or if it will result in copyright infringement of any of the Content available on the Website. Data and information may only be used as provided for in these Website Terms and Conditions. No permission is given or should be implied to use information on the Website for the purpose of communicating unsolicited marketing communications. E-mail addresses, names, contact telephone numbers and fax numbers published on the Website may not be incorporated into any database used for electronic marketing or similar purposes.

SOFTWARE DOWNLOADS

Software, if any, made available for download on or via the Website may be governed by license conditions that establish a legal relationship with the licensor. You indemnify 21 ICONS against any breach of these license conditions. 21 ICONS gives no warranty and makes no representation, whether express or implied, as to the quality or fitness for purpose of the use of such software.

No warranty, whether express or implied, is given that any pages, files, downloads or applications available via the Website are free of viruses, Trojans, bombs, time-locks, spyware, malware or any other data or code which has the ability to corrupt or affect the operation of your computer, database, network or other information system.

BROWSER COMPATIBILITY

21 ICONS retains an absolute and unfettered discretion to make this Website accessible or legible in particular web browsers only and, without limiting our discretion in any way, 21 ICONS does not guarantee accessibility or legibility on any particular mobile phone or tablet browsers.

NOTIFICATIONS & ALERTS

You understand and agree that if at any time we endeavour to provide you with any notifications or alerts, such notifications or alerts may be delayed or prevented by a variety of factors.  21 ICONS neither guarantees the delivery nor the accuracy of the content of any notification or alert. You also agree that 21 ICONS shall not be liable for any delays, failure to deliver, or misdirected delivery of any notification or alert, for any errors contained therein or for any actions taken or not taken by you or any third party in reliance on a notification or alert.  If we ever request your contact details for any purpose, it is your sole responsibility to ensure that your contact details are kept updated for the purposes of receiving any notifications or alerts and that no other person has access to communications that we may send to you using the contact details that you provide us with.

TERMINATION, SUSPENSION & LIMITATION

21 ICONS reserves the right to, at any time:

  • modify, suspend or discontinue the Website, whether temporarily or permanently, without notice;
  • impose limits or conditions on certain services, features or functions;
  • update, change, terminate or in any other way amend Content (including courses) offered on the Website;
  • restrict access to parts of or all of the services on the Website; and
  • suspend or restrict a User’s access.


DISCLAIMER & LIMITATION OF LIABILITY

Although 21 ICONS has taken reasonable care to ensure that the Content on the Website is accurate, the Website is provided on an “as is” basis. Use of the Website is entirely at your own risk. You assume full responsibility for any loss or damage resulting from your use of the Website or your reliance on any of the Content or part/s thereof.

21 ICONS MAKES NO WARRANTY OR REPRESENTATION AS TO THE AVAILABILITY, ACCURACY OR COMPLETENESS OF THE CONTENT. NONE OF 21 ICONS NOR ITS AFFILIATES (INCLUDING SOUTHERN AFRICA SKILLS DEVELOPMENT INSTITUTE (PROPRIETARY) LIMITED T/A LET’S SELL 21 ICONS, A COMPANY INCORPORATED IN THE REPUBLIC OF SOUTH AFRICA), PARTNERS AND/OR SUBSIDIARIES SHALL BE HELD LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES OF WHATSOEVER NATURE SUFFERED OR INCURRED BY YOU OR ANY OTHER THIRD PARTY THAT MAY ARISE DUE TO THE USE OF THE WEBSITE, OR INABILITY TO ACCESS OR USE THE CONTENT OR THE WEBSITE OR ANY FUNCTIONALITY THEREOF, OR OF ANY LINKED WEBSITE, EVEN IF 21 ICONS IS EXPRESSLY ADVISED THEREOF.

WITHOUT DEROGATING FROM THE GENERALITY OF THE ABOVE, 21 ICONS WILL NOT BE LIABLE FOR:

  • ANY INTERRUPTION, MALFUNCTION, DOWNTIME OR OTHER FAILURE IN RESPECT OF THE WEBSITE OR RELATED DATABASE, SYSTEM OR NETWORK, FOR WHATEVER REASON;
  • ANY LOSS OR DAMAGE IN RESPECT OF CUSTOMER DATA OR OTHER DATA, CAUSED DIRECTLY OR INDIRECTLY AS A RESULT OF ANY MALFUNCTION OF THE WEBSITE OR RELATED DATABASE, SYSTEM OR NETWORK, POWER FAILURES, UNLAWFUL ACCESS TO OR THEFT OF DATA, COMPUTER VIRUSES OR DESTRUCTIVE CODE ON THE WEBSITE OR RELATED DATABASE, SYSTEM OR NETWORK, PROGRAMMING DEFECTS OR NEGLIGENCE; OR
  • ANY EVENT OVER WHICH 21 ICONS HAS NO DIRECT CONTROL.

21 ICONS MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE EFFECTIVENESS OF ANY WEBSITE INFORMATION, SECURITY OR ENCRYPTION FACILITIES OR THE WEBSITE’S SUITABILITY FOR ANY PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE WEBSITE OR THE SERVER WHICH MAKES IT AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

It is your responsibility to ensure that your computers and information systems are adequately protected against computer viruses, spyware, Trojan horses and other forms of malicious software or code.  21 ICONS will not be liable for any damages, losses or harm, including but not limited to direct, indirect, consequential loss or loss of profits that you or anyone else may sustain as a result of using the Website.

WITHOUT DETRACTING FROM OR IN ANY WAY NEGATING ANY OTHER PROVISION OF THESE WEBSITE TERMS AND CONDITIONS, YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL OUR ENTIRE AGGREGATE LIABILITY TO YOU FOR ANY LOSS OR HARM SUFFERED BY YOU AS A RESULT OF THE USE OF THE WEBSITE EXCEED THE SUM OF US$ 100.00 (ONE HUNDRED DOLLARS).

INDEMNITY

The User unconditionally and irrevocably indemnifies and holds 21 ICONS harmless against all and any loss, liability, actions, lawsuits, proceedings, costs, demands and damages of all and every kind (including direct, indirect, special or consequential damages), and whether in an action based on contract, negligence or any other action, arising out of or in connection with the failure or delay in the performance of the Website, the use of the Website, the Content available on the Website or any other matter, directly or indirectly related to the User’s use of the Website.

ELECTRONIC COMMUNICATIONS

Where you choose to communicate with us by means of any communication channel accessible via the Website, including email, form submission, IP telephony or instant messaging, you agree, subject to the provisions of any applicable law, to our right to monitor, intercept, block, filter, read, store and delete all such communications as we see fit or as required or permitted by any law.

We do not recommend that sensitive or confidential information be submitted to us via unencrypted channels and we do not warrant that all information communicated to or from us via the Website or online channels shall be encrypted and free from risk of interception.

PROSECUTION AND INDEMNITY FOR BREACH

21 ICONS reserves its right to take all appropriate actions against any person breaching these Website Terms and Conditions. Furthermore, we will pursue both criminal prosecution of and civil compensation by any person that delivers or attempts to deliver any destructive code to this Website or attempts to gain unauthorized access to any page on this Website.

You agree to indemnify and hold 21 ICONS harmless against any and all liabilities, including legal costs that it may sustain as a result of your breach of any of these Website Terms and Conditions or any negligent act or omission by you.

GENERAL

The headings of the clauses in these Website Terms and Conditions are provided for convenience and ease of reference only and will not be used to interpret, modify or amplify the Website Terms and Conditions.

The Website Terms and Conditions are severable, in that if any provision is determined to be illegal or unenforceable by any court or other forum of competent jurisdiction, then such provision shall be deemed to have been deleted without affecting the remaining provisions of the Website Terms and Conditions.

21 ICONS’s failure or delay to exercise any particular right or provision of the Website Terms and Conditions shall not constitute a waiver of such right or provision, whether express or implied, nor will it affect the validity of any part these Website Terms and Conditions or prejudice 21 ICONS’s right to take subsequent action against the User, unless acknowledged and agreed to by 21 ICONS in writing.

If 21 ICONS merges with, or is acquired by, any other business, you will be notified and any personal information that we hold about you will become available to that other business but only in terms of the detailed terms and conditions of our Privacy Policy and/or in accordance with any privacy provisions in any applicable End-User Terms and Conditions.

Should 21 ICONS be prevented from fulfilling any of its obligations to you as a result of any event of force majeure, then those obligations shall be deemed to have been suspended to the extent that and for as long as 21 ICONS is so prevented from fulfilling them and your corresponding obligations shall be suspended to the corresponding extent.  In the event that the relevant force majeure continues for more than fourteen days after it has first occurred then 21 ICONS shall be entitled (but not obliged) to terminate all of its rights and obligations in terms of or arising out of these Website Terms and Conditions by giving notice to the User. An “event of force majeure” shall mean any event or circumstance which is not within the reasonable control of 21 ICONS including, without limitation, any act of God, strike, theft, riots, explosion, insurrection or other similar disorder, war (whether declared or not) or military operations, the downtime of any external telecommunications line, power failure, international restrictions, any requirement of any international authority, any requirement of any government or other competent local authority, any court order, export control or shortage of transport facilities.

The current version of these Website Terms and Conditions, as varied by 21 ICONS from time to time and including all documents incorporated by reference (or via hyperlink), constitute the entire and sole agreement between 21 ICONS and the User with regard to the use of the Content and this Website, save in the event that a User registers for any particular service, in which event the applicable End-User Terms and Conditions shall also apply, subject to the further provisions of clause 4 above.

These Website Terms and Conditions were last revised in October 2017.

COMPANY INFORMATION

Full Name and Legal Status: Ginkgo Agency (Pty) Ltd

Physical and Registered Address: 28 JARVIS STREET, DE WATERKANT, CAPE TOWN, SOUTH AFRICA

Email Address: hello(at)beautifulnews.co.za

PRIVACY POLICY

Copyright 21 ICONS Global (Pty) Ltd. 2018

This Privacy Policy should be read together with our Website Terms and Conditions. All terms and conditions, including defined terms, of our Website Terms and Conditions, are incorporated by reference into this Privacy Policy and have the same meaning unless the context indicates otherwise. In the event of any conflict between any terms in our Website Terms and Conditions and the terms of this Privacy Policy, this Privacy Policy shall prevail.

“Personal Information” means any information that we have about you and that identifies or relates specifically to you as an individual.

GENERAL TERMS

  1. GENERAL TERMS

21 ICONS receives Personal Information from Users who access the Website. 21 ICONS makes every effort to protect Personal Information received by it, and in this regard, the Privacy Policy set out below applies.

Despite all security measures taken, it is possible for Internet-based communications to be intercepted. Without the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. Internet e-mail is vulnerable and susceptible to interception and forging. 21 ICONS will not be responsible for any damages the User or any third party may suffer as a result of the transmission of confidential or personal information that the User submits to 21 ICONS  through the Internet, or that the User expressly or implicitly authorises 21 ICONS to receive, or for any errors or any changes made to any transmitted information.

We are committed to the protection of your privacy and will take all reasonable steps to protect any Personal Information that you may provide us with from time to time via the Website or any other channel or medium. Our Privacy Policy indicates what we do with your Personal Information and what you can do to protect that information.

Where you submit Personal Information to us via our Website, we may store and use such information for the purposes that you provided it.

We will take reasonable measures to delete Personal Information that has become obsolete. Over the period that your Personal Information is being used and for a period of at least one year thereafter, or such longer period as we may be required or entitled in terms of any law, we will keep a record of your Personal Information and the purpose for which it is stored.

Should you so request, in writing, we will delete your Personal Information save where we are required or entitled to preserve same in terms of any law.

You acknowledge and accept that we cannot take any responsibility for any of your Personal Information that is collected outside the scope of this agreement by any intermediary or other third party.

You give permission that if there is a change of ownership at 21 ICONS, then your Personal Information can be transferred to the new owner, provided that the new owner will not dilute your rights and obligations regarding the Personal Information as set out in this privacy policy that had been collected before such transfer.

Your Personal Information will not be sold, divulged or made available to any third party except as mentioned in this policy and unless required or permitted by law.

You as the User hereby acknowledge and agree as follows:

  • you authorize 21 ICONS to retain your Personal Information records for as long as it is reasonably necessary;
  • you relieve 21 ICONS of the duty to inform you each time of the fact that your Personal Information is being collected and whether the provision of this information is voluntary or mandatory and what law requires such collection; and
  • if any of your Personal Information which is sought to be processed falls within the definition of ‘special personal information’ as defined by any law, you hereby give your consent to the processing of such information.

The data that we collect from you may be transferred to, and stored at, a destination outside South Africa or the country in which you are located. It may also be processed by staff operating outside South Africa or the country in which you are located. This includes staff engaged in, among other things, the fulfilment of your contact requests, the processing of your contact details and the provision of support services. By submitting your Personal Information, you agree to this transfer, storing or processing. 21 ICONS will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.

All information you provide to us is stored on secure servers. Any information will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Our site may, from time to time, contain links to and from the websites of our content creation, development and distribution networks and their affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

  1. INFORMATION WE COLLECT FROM YOU

The Personal Information that we collect and process about you includes the following:

  • Information you give us. This is information about you that you give us by filling in forms on our Website or by corresponding with us by phone, e-mail or otherwise. It includes information you provide when you engage with content, subscribe to our products and services, search for information, participate in discussion boards or other social media functions on our Website, enter a competition, promotion or survey, and when you report a problem with our Website. The information you give us may include but is not limited to your name, address, e-mail address and phone number, personal description and photographs.
  • Information we collect about you. With regard to each of your visits to our Website we will automatically collect the following information:
    • technical information, including your IP address, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
    • information about your visit, including the full URLs, clickstream to, through and from our Website (including date and time), content you viewed or searched for, page response times, errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, and any phone number used to call our customer service number.
    • information we receive from Google Analytics Demographics and Interest reports combined with information we receive from your Google profile that you have enabled in your Google account. The policy that you have accepted in your Google account (located at https://www.google.com/policies/technologies/ads/) governs the data you share with Google and with us.
    • Information we receive from other sources. This includes data from social media profiles. We also work closely with other third parties (including, for example, business partners, sub-contractors in technical services, analytics providers, search information providers).
  1. WHAT WE DO WITH YOUR PERSONAL INFORMATION

We use your Personal Information in the following ways:

  • Information you give to us. We use this information:
    • to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
    • to provide you with information about other products and services we offer that are similar to those that you have already purchased or enquired about;
    • to provide you with, information about products and services we feel may interest you. If you are a new customer we will only contact you if you have consented to this. If you do not want us to use your Personal Information in this way, please indicate this on the form we use to collect your Personal Information;
    • to notify you about changes to our products and services; and
    • to ensure that content from our Website is presented in the most effective manner.
  • Information we collect about you. We will use this information:
    • to administer our Website and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
    • to improve our Website to ensure that content is presented in the most effective manner for you and for your computer;
    • to allow you to participate in interactive features of our products and services, when you choose to do so;
    • as part of our efforts to keep our Website safe and secure;
    • to measure or understand the effectiveness of content we serve to you and others, and to deliver relevant content to you;
    • to make suggestions and recommendations to you and other users of our Website about products or services that may interest you or them.
  • Information we receive from other sources. We will combine this information with information you give to us and information we collect about you. We will use this information and the combined information for the purposes set out above (depending on the types of information we receive).
  1. DISCLOSURE OF YOUR INFORMATION

You agree that we have the right to share your Personal Information with:

  • Any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, or any company under common control.
  • Selected third parties including:
    • business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you;
    • content creation, development and distribution partner networks that require the data to select and serve relevant content to you and others. We do not disclose information about identifiable individuals to our content creation, development and distribution partner, but we will provide them with aggregate information about our users. We may also use such aggregate information to help content creation, development and distribution partners reach the kind of audience they want to target; and

We will disclose your Personal Information to third parties:

  • In the event that we sell or buy any business or assets, in which case we will disclose your Personal Information to the prospective seller or buyer of such business or assets.
  • If 21 ICONS or substantially all of its assets are acquired by, or merged with, a third party, in which case personal data held by it about its customers will be one of the transferred assets.
  • If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Website Terms and Conditions or any applicable End-User Terms and Conditions and other agreements; or to protect the rights, property, or safety of 21 ICONS, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
  1. CHANGES TO OUR PRIVACY POLICY

This Privacy Policy may be updated from time to time. Please check back frequently to see any updates or changes.

  1. COOKIES

Our Website may make use of electronic cookies and web analytics tools to optimise page loading speeds, record Website visitor preferences, monitor the success of advertising campaigns and enhance our Website’s overall usability. “Cookies” are files that are stored by your browser on your computer’s hard drive and can be deleted by clearing your browser cache memory.  Cookies may be used, for example, to limit the amount of times you see a particular advert or to help remember your personal settings and preferences. If you block cookies from being stored on your computer, the functionality of the service may be negatively affected. For further information, please see our more detailed Cookie Policy.

COOKIE POLICY

GINKGO AGENCY (PTY) LTD (“21 ICONS”)

This Cookie Policy should be read together with our Website Terms and Conditions and our Privacy Policy. All terms and conditions, including defined terms, of our Website Terms and Conditions and of our Privacy Policy are incorporated by reference into this Cookie Policy and have the same meaning unless the context indicates otherwise. In the event of any conflict between any terms in our Website Terms and Conditions or our Privacy Policy, this Cookie Policy shall prevail.

INFORMATION ABOUT

OUR USE OF COOKIES

Our Website uses cookies to distinguish you from other Users of our Website. This helps us to provide you with a good experience when you browse our Website and also allows us to improve our Website. By continuing to browse the Website, you are agreeing to our use of cookies.

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive.

We use the following cookies:

  •       Strictly necessary cookies. These are cookies that are required for the operation of our Website. They include, for example, cookies that enable you to log into secure areas of our Website or purchase products or services on our Website.
  •       Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our Website when they are using it. This helps us to improve the way our Website works, for example, by ensuring that Users are finding what they are looking for easily.
  •       Functionality cookies. These are used to recognise you when you return to our Website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
  •       Targeting cookies. These cookies record your visit to our Website, the pages you have visited and the links you have followed.

Please note that third parties (including, for example, content creation, development and distribution partner networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.

You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our Website. The currently available methods to opt out of Google Analytics and to block us and others from using your personal data for analytical purposes are located at https://tools.google.com/dlpage/gaoptout/.