1.1.1 “MediaLoop” means Medialoop (Pty) Ltd, registration number 2013/190745/07, a private company with limited liability, duly incorporated in accordance with the laws of the Republic of South Africa;
1.1.2 “Parties” means the User and MediaLoop, and “Party” means either one of them as the context may indicate;
1.1.3 “Personal Information” means information relating to the User, including but not limited to (i) views or opinions of the User or of another individual about the User and (ii) information relating to the User’s race, sex, gender, sexual orientation, pregnancy, marital status, nationality, ethnic or social origin, colour, age, physical or mental health, well-being, disability, religion, conscience, belief, cultural affiliation, language and birth; education, medical, financial, criminal or employment history; names, identity number and/or any other personal identifier, including any number(s), which may uniquely identify a User, account or client number, password, pin code, numeric, alpha, or alpha-numeric design or configuration of any nature, symbol, e-mail address, domain name or IP address, physical address, cellular phone number, telephone number or other particular assignment; blood type, fingerprint or any other biometric information; personal opinions, views, or preferences; correspondence that is implicitly or expressly of a personal, private or confidential nature (or further correspondence that would reveal the contents of the original correspondence); and corporate structure, composition and business operations (in circumstances where the User is a juristic person) irrespective of whether such information is in the public domain or not;
1.1.4 “Processing” means any operation or activity or any set of operations, whether or not by automatic means, concerning Personal Information, including the collection, receipt, recording, organisation, collation, storage, updating or modification, testing of, retrieval, alteration, consultation or use, dissemination by means of transmission, distribution or making available in any other form by electronic communications or other means, or merging, linking, blocking, degradation, erasure, or destruction, and “Process” has a corresponding meaning;
1.1.6 “Terms and Conditions” means the Website terms and conditions of MediaLoop, contained on the Website;
1.1.7 “User” means the person using the Website;
1.1.8 “Website” means www.medialoop.co.za and any of its associated Online Profiles;
3.1 MediaLoop does not warrant that the Website is completely secure, although MediaLoop shall use all reasonable endeavours to keep any Personal Information safe.
3.2 In order to provide adequate security to all Users of the Website and to monitor activities prohibited under law the User hereby agree to MediaLoop’s appointed service providers’ right to intercept, monitor, block, read, delete, or access all data sent to the Website or any other communication facility provided by MediaLoop.
3.3 MediaLoop cannot guarantee that documents or files downloaded from the Website or the Newsletters (if applicable) will be free from viruses and MediaLoop does not accept any responsibility for any damage or loss caused by any virus. The User must use virus-checking software when using the Website and when uploading or downloading any Content. The User agrees not to upload any file that may contain a virus to the Website. The User hereby indemnifies MediaLoop and its service providers and affiliates against any possible damages, expenses or losses as a result of delivering computer programs or any other code that may damage the Website, infrastructure, or the service provider’s infrastructure.
4.3 MediaLoop shall –
4.3.2 not disclose or otherwise make available the Personal Information to any third party (including sub-contractors and staff) other than authorised personnel or third parties who require access to such Personal Information strictly in order for MediaLoop to operate the Website or to provide services to the User, unless the User has provided its prior written permission to do so to MediaLoop;
4.3.3 ensure that all persons that have access to the Personal Information are bound by appropriate and legally binding confidentiality and non-use obligations in relation to the Personal Information; and
4.3.4 take appropriate, reasonable, technical, and organisational measures to ensure that the integrity of the Personal Information in its possession or under its control is secure and protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure, or access.
4.4 Information collected by MediaLoop
The User agrees that MediaLoop may collect, store and use the following information –
4.4.1 information about the User’s computer and about the User’s visits to and use of the Website (including but not limited to the User’s internet protocol address, geographical location, browser type, referral source, length of visit and number of page views);
4.4.2 information that the User provides for the purpose of MediaLoop distributing the Newsletters, including but not limited to employee email addresses;
4.4.3 any other information that the User chooses to input on the Website; and
4.4.4 information that other users share about the User.
4.5.1 Cookies may be used by MediaLoop to understand the Users better. Cookies allow MediaLoop to understand who has seen which pages and advertisements, in order to determine how frequently particular pages are visited, and to determine the most popular areas of the Website. Depending on the type of cookies used, cookies also allow MediaLoop to make the Website more user friendly, for example, permanent cookies allow the User’s password to be saved so that the User does not have to re-enter it every time the User visits the Website.
4.5.2 The User is entitled to adjust its browser so that cookies are not accepted. Should the User do this, he/she will still be able to browse the Website, but certain functions may not be available.
4.5.3 Cookies do not contain Personal Information. MediaLoop does not exchange cookies with any third party websites or external data suppliers.
4.5.4 MediaLoop shall only keep cookies for the duration of the User’s visit to the Website, except where the User elects to save login information.
4.6 Use of Personal Information
4.6.1 Personal Information submitted on the Website or by any other communication will be used for the purposes specified herein.
4.6.2 The User hereby consents to the use of his/her Personal Information to allow MediaLoop to –
4.6.3 It is the User’s responsibility to obtain the necessary consent from a third party prior to submitting a third party’s Personal Information to the Website, and the User accordingly warrants that any such consent has been obtained in respect of any Personal Information uploaded by the User.
4.6.4 MediaLoop shall not share information about the User unless MediaLoop, in accordance with clause 4.7 –
4.6.5 MediaLoop stores Personal Information and other data for as long as it is necessary to provide products and services to the User and others, including those described above. Personal Information will be destroyed once it has become obsolete, unless MediaLoop is required to retain it in terms of any applicable laws.
4.7.1 MediaLoop may disclose information about the User to any of its employees, officers, agents, suppliers, or subcontractors insofar as reasonably necessary for the purposes as set out herein.
4.7.2 In addition, MediaLoop may disclose information about the User –
4.7.3 Occasionally third parties may provide information Processing services to MediaLoop. In those circumstances (should MediaLoop deem it necessary) those third parties shall be required to enter into a non-disclosure agreement or any other agreement with reference to the protection of Personal Information on no less stringent terms than those found herein, and to process and protect a User’s Personal Information in accordance with MediaLoop’s instructions.
4.8 Notification of a Personal Information security breach
4.8.1 MediaLoop shall –
4.8.2 Immediately upon notifying the User as set forth in clause 4.8.1, MediaLoop shall –
6.1 The User has the right to decide which Personal Information is kept about the User. MediaLoop shall provide the User with (free of charge) confirmation whether or not it holds Personal Information about the User and with further details regarding the Personal Information so held (if applicable) in accordance with MediaLoop’s Promotion of Access to Information manual. If the User is concerned that any of the information so held is incorrect, please contact MediaLoop immediately. The User is further entitled to request that any such information be deleted or the use thereof restricted.
6.2 The User is entitled to instruct MediaLoop not to utilise the User’s Personal Information for direct marketing purposes or in any further manner by emailing MediaLoop at any time to the following email address: firstname.lastname@example.org.
If the User has any questions about the treatment of his/her Personal Information, please contact MediaLoop by using the email address provided in clause 6.2 above.
The User hereby agrees that –
8.1.1 Any User aged 18 or under must first get his/her parent/guardian’s permission before providing Personal Information on the Website or to MediaLoop;
8.2 Communication, dispatch and receipt
8.2.1 Data messages sent from MediaLoop to the User is deemed to be received when the complete message is outside the control of MediaLoop’s systems (at the time it has left such system).
8.2.2 Data messages from the User to MediaLoop are only deemed to be received by MediaLoop when MediaLoop responds thereto. Such acknowledgement further does not give legal effect to that message, unless specifically indicated by MediaLoop to the contrary.
9.1 immediate, temporary or permanent withdrawal of the User’s right to use the Website;
9.2 immediate, temporary or permanent removal of any Content uploaded by the User to the Website;
9.3 issue a warning to the User;
9.4 obtain an order against the User for specific performance, with or without claiming damages;
9.6 disclosure of such information to law enforcement authorities, as deemed necessary in MediaLoop’s sole discretion.