INTRODUCTION
These are the Terms and Conditions of use relating tothe website located at the following URL – https://leogemprop.co.za/ (“the Website”) provided by LEOGEM INVESTMENT (Pty) Ltd (Registration Number: 1984/007306/07) (“LEOGEM”). These terms and conditions (“Terms and Conditions”) govern your (“the User”) use of the Website, as well as any Services associated therewith. By accessing or using, and in particular indicating your acceptance of the terms by clicking on the “I accept these terms” button as provided for at various points of engagement on the Website, the Users bind themselves to the Terms and Conditions set out in this document. The content of, and available on, the Website, is either proprietary to LEOGEM or utilized in terms of a written license agreement entered into between LEOGEM and the proprietor of such content. As such, the Users may not access, display, use, download, and/or otherwise copy or distribute any such content obtained on the Website for any purposes other than as provided for in these Terms and Conditions without the prior consent of LEOGEM, or the individuals to whom any relevant personal information relates.
DEFINITIONS
The headnotes to the clauses of these Terms and Conditions are for reference purposes only and shall in no way govern or affect the interpretation of nor modify nor amplify these Terms and Conditions nor any clause hereof.
Unless the context dictates otherwise, the words and expressions set forth below shall bear the following meanings and cognate expressions shall bear corresponding meanings:
Active Processing
Shall mean instances where LEOGEM has directly been provided with the Personal Information of Data Subjects, such as when Users submit an enquiry in respect of the Services, or when Users provide Personal Information to LEOGEM pursuant to making use of the Website.
Applicable Laws
Means all applicable laws, regulations, regulatory requirements and codes of practice of any relevant jurisdiction, as amended and in force from time to time.
Cookies
Means small text files that store Non-personally Identifiable Information about Data Subjects, either temporarily in connection with a Data Subject’s Internet Protocol (IP) address (known as a temporary or session cookie, and deleted once a Data Subject closes their browser window) or more permanently on the hard drive of a Data Subject’s device (known as a permanent or persistent cookie). The Website may from time to time use cookies, which cookies are used in accordance with LEOGEM’s Cookie Policy sourced at https://www.innovationworx.co.za/cookie-policy/.
Device
Shall mean the device used by the User to access the Website, such as a desktop computer, laptop, smart phone, tablet or similar device.
Data Protection Legislation
Means any data protection or data privacy laws applicable within the Republic of South Africa, including POPIA.
Data Subject(s)
Shall mean any person to whom any Personal Information relates, which shall include the User.
Intellectual Property
Shall mean all intellectual property subsisting in, pertaining to or used on, through or by means of the Website, including, without limitation, documents, designs, Trade Marks, service marks, data, trade secrets, methods and know-how, as well as copyright, including, without limitation, all copyright in any documents, logos, designs, multimedia works, software (including both source and object code and any programmers’ or developers’ notes, flow charts, memoranda and design documents), as well as any goodwill and rights of reputation attaching to any of the above.
LEOGEM
Shall mean LEOGEM Investments (Pty) Ltd, a company duly registered and incorporated in accordance with the laws of the Republic of South Africa who are the providers of the Website and any associated Services.
Non-personally Identifiable Information/Data
Means any information/data which cannot be linked to Data Subjects, such as an internet domain name, the type of web browser used by a Data Subject, the type of operating system relied on by a Data Subject, the date and time of a Data Subject’s visit to our Website, the specific pages a Data Subject may have visited, and the address of the website which a Data Subjects may have visited prior to entering or gaining access to LEOGEM’s Website.
Passive Processing
Means instances where LEOGEM has not actively been provided with the Personal Information of Data Subjects, such as when LEOGEM deploys inactive means to collect information from Users and/or Data Subjects. These Passive Processing means allow LEOGEM to Process certain kinds of Non-personally Identifiable Information which can perhaps not be linked to Data Subjects.
Person
Shall mean, where the context so requires, an individual, firm, company, corporation, juristic person, local authority, and any trust, foundation, organisation, association or partnership, with or without a separate juristic personality.
Personal Information
Means information relating to any Person, including but not limited to: (i) information relating to the race, gender, sex, marital status, national, ethnic or social origin, colour, age, disability, language and birth of a Person; (ii) information relating to the education or the medical, financial, criminal or employment history of a Person; (iii) information relating to the financial affairs of a Person; (iv) credit card details and transactional data; (v) any identifying number, symbol, e-mail address, physical address, telephone number, VAT registration number or other particular assignment to a Person; (vi) correspondence sent by a Person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence; (vii) the or opinions of another individual views about a Person; (viii) the name of a Person if it appears with other personal information relating to a Person or if the disclosure of the name itself would reveal information about a Person; and (ix) any other information which may be treated or defined as “personal information” in terms of any Applicable Laws, including any applicable Data Protection Legislation.
POPIA
Shall mean the Protection of Personal Information Act, 3 of 2013, which is an Act applicable in the Republic of South Africa.
Privacy Policy
Means LEOGEM’s privacy policy sourced at https://www.innovationworx.co.za/privacy-policy/ which is supplementary and complimentary to these Terms and Conditions, and which provisions are read into these Terms and Conditions as if specifically incorporated herein.
Processing
Shall mean any automated or manual activity of collecting, recording, organizing, storing, updating, distributing and removing or deleting Personal Information.
Products and Services
Shall mean the products and/or services provided by LEOGEM, the particulars of which Users have access via the Website.
Services
Shall mean the information provided on and through the Website, enabling User access to LEOGEM.
Trade Marks
Shall mean all registered and unregistered trade marks, trade names, symbols, signs, insignia, emblems, logos and slogans utilized by LEOGEM in facilitating the User’s use of the Services, as well as on the Website.
User(s)
Shall mean any Person(s) nominated who use the Website and associated Services.
Web-based Format
Shall mean the format of the Website which can be accessed by the Users through their web browser by entering a particular website.
Website
Means the website owned and operated by LEOGEM sourced at https://www.innovationworx.co.za/
Unless inconsistent with the context or save where the contrary is expressly indicated:
- if any provision in a definition is a substantive provision conferring rights or imposing obligations on any Party, notwithstanding that it appears only in this clause, effect shall be given to it as if it were a substantive provision of these Terms and Conditions;
- any reference in these Terms and Conditions to an enactment is to that enactment as at the Effective Date and as amended or re-enacted from time to time; and
- any reference in these Terms and Conditions to these Terms and Conditions or any other terms and conditions or document shall be construed as a reference to these Terms and Conditions or, as the case may be, such other terms and conditions or document as same may have been, or may from time to time be, amended, varied novated or supplemented.
Unless inconsistent with the context, an expression which denotes:
- any one gender includes the other genders; and
- the singular includes the plural and vice versa.
Where any term is defined within the context of any particular clause in these Terms and Conditions, the term so defined, unless it is clear from the clause in question that the term so defined has limited application to the relevant clause, shall bear the same meaning as ascribed to it for all purposes in terms of these Terms and Conditions, notwithstanding that that term has not been defined in this clause.
The expiration or termination of these Terms and Conditions shall not affect such of the provisions of these Terms and Conditions which expressly provide that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this.
In terms of section 49 of the Consumer Protection Act, 2008 your attention is drawn to the provisions of the clauses highlighted in bold text, which:
- limit in any way the risk or liability of the Provider or any other person;
- constitute an assumption of risk or liability by the User;
- impose an obligation on the User to indemnify the Provider or any other person for any cause; or
- constitute an acknowledgement of any fact by the User.
CONTRACTUAL CAPACITY TO ACT
The User warrants that he / she is at least 18 (eighteen) years of age and has the necessary contractual and mental capacity to enter into and be bound by these Terms and Conditions. Where the User acts on behalf of another Person, the User warrants that he / she has the necessary authority and capacity to enter and bind such Person to these Terms and Conditions.
UPDATING OF THESE TERMS AND CONDITIONS
LEOGEM reserves the rights to change, modify, add or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the obligation of User to periodically check these Terms and Conditions on the Website for changes or updates. The continued use of this Website by the User following the posting of changes or updates, will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
ELECTRONIC COMMUNICATIONS
By using the Website or communicating with LEOGEM by electronic means, the User consents and acknowledges that any and all agreements, notices, disclosures, or any other communication shall have been adequately addressed to the User upon transmission by e-mail to the e-mail address provided by the User and it constitutes proper notice to the User.
The User also accepts that when visiting the Website or communicating with LEOGEM electronically, LEOGEM may communicate with the User, using various electronic channels. All records that a User sends to LEOGEM may be stored electronically and with third parties, although these third parties are bound by the strictest levels of confidentiality. These electronic records shall be proof of the records, unless you can prove otherwise.
SERVICES PROVIDED AND CONDITIONS OF ACCESS
The Website offers services associated with the provision of information pertaining to LEOGEM’s services, as well as the Products and Services of third parties. (“the Services”). By virtue of LEOGEM’s position and the scope of the Services, it affords Users access to the Products and Services of various third-parties. LEOGEM may also afford the User an opportunity to conclude commercial transactions with various third parties who either use the Website or market their Products and/or Services through the Website. The use of any Product or Service bought or subscribed for through the use of the Website is at the User’s own risk.
THIRD PARTY SERVICE PROVIDERS PRODUCTS AND SERVICES
At the discretion of LEOGEM, they may include references to or facilitate access to services rendered by third-party Service Providers and provide links to the sites of third-party Service Providers. These third-party Service Providers and their sites have separate and independent terms and conditions of use and privacy policies applicable to their products, services, and respective sites. LEOGEM shall bear no responsibility or liability for the Products and Services offered or rendered by such third-party Service Providers or the content and services provided through or by means of their respective sites.
LEOGEM makes no warranties or representations whatsoever regarding the Products and Services offered or rendered by any third-party Service Provider, or the content or activities of such third-party websites, which may be accessed or used through or by means of the LEOGEM’s Website.
The User acknowledges that LEOGEM merely facilitates the User’s access to such third party’s products, services and/or website and does not itself offer the products or render the services of such third party to the User.
The User acknowledges that neither LEOGEM, nor its directors, prescribed officers, agents or assigns, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the content of or the website of a third party, as well as any functionality of said website and the products offered or services rendered through or by means of said website, or of any linked website, even if LEOGEM is expressly advised thereof.
LEOGEM does not provide any personally identifiable information pertaining to Users to any third-party advertisers or third-party websites.
These third-party websites and advertisers, or internet advertising companies working on their behalf, sometimes use technology to send (or ‘serve’) the advertisements that appear on the Website directly to the User’s browser. They automatically receive the User’s IP address when this happens. They may also use cookies, JavaScript, web beacons (also known as action tags or single-pixel gifs), and other technologies to measure the effectiveness of their ads and to personalise advertising content to Users. LEOGEM does not have access to or control over cookies or other features that such third parties may use, and the information practices of these advertisers and third-party websites are not covered by these Terms and Conditions. Please contact them directly for more information about their privacy practices.
LIMITATION OF LIABILITY
The Website and all content on the Website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. LEOGEM makes no warranty or representation as to the availability, accuracy or completeness of the content. Neither LEOGEM, its directors, members, prescribed officers, agents or assigns, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the content or the Website or any functionality thereof, or of any linked website, even if LEOGEM is expressly advised thereof.
Neither the User or any other person shall have any claim against LEOGEM for any direct, consequential, incidental, indirect or special loss or damages, including, without limitation, business interruption, loss of business information, loss of data or other pecuniary loss, arising from the unavailability of the Services, regardless of whether such claim is based on breach of contract, delict, breach of implied warranties or otherwise and even if the possibility of such loss or damages could have been foreseen or if LEOGEM was negligent.
LEOGEM therefore does not guarantee that (i) the Website; (ii) the information, content, tools or materials included on the Website; (iii) LEOGEM’s servers; or (iv) that any electronic communications sent by LEOGEM will be free from viruses or other harmful components. LEOGEM will not be liable for any damages of any kind arising from your use of the Website, the Services or from any information, content, tools or materials included on or otherwise made available to the User through the Website, including for direct, incidental, punitive and/or consequential damages.
Although LEOGEM is committed to providing Users with the best possible Service, LEOGEM shall not be responsible for:
- any of the events described in this clause;
- any actions or omissions by the User that result in a breach of the provisions of these Terms and Conditions;
- any links to other websites from the Website. The User also acknowledges that the LEOGEM cannot control the content of or the products offered on any third party websites;
- a denial of access to the Website or the Services, should the Provider believe or have reason to believe that the User is conducting activities that are illegal, abusive, would attack the integrity of the Website or put LEOGEM in disrepute; or
- the User’s reliance on any of the Services, information, content, tools or materials that the User obtains or gains access to from the Website.
GOVERNING LAW
The Website is controlled, operated and administered by LEOGEM within the Republic of South Africa. Access to the Website from territories or countries where the use of the Website or the Services provided through the Website is illegal, is prohibited and by accessing the Website, the User, acting on behalf of the Client, agrees that the laws of the Republic of South Africa will govern these Terms and Conditions, as well as any dispute which may arise from these Terms and Conditions.
CASUAL SURFING
The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User’s computer or other electronic device, but not the e-mail address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent on the Website, pages viewed, etc. LEOGEM uses this information to determine use of the Website, and to improve content thereon. LEOGEM assumes no obligation to protect this information and may process such information without limitation.
INDEMNITY AND CONDITIONS
Although LEOGEM will do everything reasonably within its power to ensure that the Website will be operational, the User accepts that LEOGEM may not be in control of all the circumstances surrounding the Services associated with the use of the Website.
LEOGEM shall not be held liable for any direct or indirect damages or losses suffered as a result of any incorrect, inaccurate or late provision of any of the Services in the event that the Website may be temporarily unavailable or dysfunctional.
LEOGEM shall not be liable for any direct or indirect damages or losses suffered by the User or any Person represented by the User, as a result of any negligence on the part of LEOGEM, any of its agents or representatives in the rendering of the Services through the Website.
USE OF THE WEBSITE AND THE SERVICES
The User may not use, reproduce, adapt, distribute, publish or in any other way deal or interfere with the Website’s contents without LEOGEM’s prior written consent.
The User may not establish a hyperlink, frame, metatag, similar reference, whether electronically or otherwise, or any other reference to the Website without the prior written consent of LEOGEM.
LEOGEM reserves the right to make any changes or modification, as well as discontinue any aspect of the Website, its content or the Services offered by or through the Website at any time and without prior notice to the User. No such change, suspension, modification or discontinuance shall entitle the User to any compensation or give rise to any liability whatsoever.
The User agrees that it will only use the Website in accordance with these Terms and Conditions, including any terms and conditions incorporated herein by reference.
The display of content via the Website may differ depending on the Device the User is using to use the Website or access the Services.
Any and all content published on the Website reflects the views of the author and does not necessarily constitute the official opinion of LEOGEM, unless stated otherwise.
The User may not post content on the Website that is illegal, unlawful, obscene, defamatory, discriminatory, disparaging of others, derogatory, inflammatory, harassing, insulting, offensive or likely to promote violence or hatred against others or that contains abusive, offensive or profane language.
The Provider reserves the right to occasionally restrict User access and/or use of the Website and/or Services to carry out repairs, maintenance or to introduce new functionality and/or Services. LEOGEM does, however, endeavor to keep any disruption in the use of the Website to a minimum.
The User agrees not to:
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- use the Website and the Services to process Personal Information of third parties, however should this be the case, for instance when a User refers third parties to LEOGEM, such User warrants that he/she/they have procured the required consent from such third party to do so;
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- violate the privacy of any person in order to, or attempt to, gain unauthorised access to LEOGEM and/or the Services through the Website, including, but without limitation through hacking, password mining or any other means;
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- use the Website and the Services to engage in any illegal or unlawful activity;
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- employ automated electronic or mechanical processes designed to negatively affect the performance of the Website, and LEOGEM’s provision of the Website and the Services;
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- utilise the Website in a manner which disrupts the normal operations of LEOGEM;
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- attempt to gain unauthorised access to LEOGEM’s programming, coding or infrastructure; or
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- circumvent, disable or otherwise interfere with security related features of LEOGEM or features that prevent or restrict the use or enforce limitations on the use of the Website.
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Should the User engage in any of the aforementioned activities, or breach any of the provisions of these Terms and Conditions, LEOGEM shall be entitled, without prejudice to any other rights they may have and without prior notice to the User:
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- suspend User access to and use of the Website and the Services;
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- restrict or limit the use of the Website;
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- terminate the agreement set forth in these Terms and Conditions and recover all costs incurred by LEOGEM, including, but without limitation, legal costs on an attorney and own client basis.
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INTELLECTUAL PROPERTY
The technology and software underlying the Website and the Services, or distributed in connection therewith, are the property of LEOGEM. LEOGEM owns all rights, title, license and interest to any and all registered and unregistered intangible property, including marketing material, designs, know-how, trademarks, trade names, brand names, signs, symbols, logos, trade secrets, copyright and patents and any derivatives thereof and all future additions and improvements thereto, in respect of or pertaining to the Website and its use and implementation (“Intellectual Property”).
The Intellectual Property is protected by applicable copyright, trademark and intellectual property laws. The User shall not obtain any rights, title or interest in or to any Intellectual Property, whether by operation of these Terms and Conditions, or otherwise. LEOGEM does not permit copyright infringing activities or infringement of Intellectual Property rights of LEOGEM.
COPYRIGHT
All content made available on the Website (for example, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and where applicable software) belongs to LEOGEM, or is alternatively used pursuant to a licensing agreement concluded between LEOGEM and the third-party proprietor of such content.
Any unauthorised use, alteration or dissemination of the information or content published on the Website is strictly prohibited.
The User expressly acknowledges that no content or information displayed on the Website may be regarded or construed as granting any licence or right to any third party, including the User, to use any trademark without LEOGEM’s prior written consent and approval.
Although LEOGEM has deployed reasonable technical and organisational measures to protect the information on the Website from time to time, the User acknowledges that LEOGEM cannot be held responsible for any consequences that may result from the unlawful breach of copyright or unlawful dissemination of information by third parties copying information off of the Website.
INACTIVE AND PASSIVE MEANS OF PROCESSING
USE OF GOOGLE ANALYTICS AND ADVERTISING
The Website uses Google Analytics Advertising for display and search remarketing purposes. This has enabled LEOGEM to apply Google Analytics and Advertising Features, which enable LEOGEM to collect data about Users via Google Advertising Cookies and identifiers.
The Google Analytics and Advertising Features LEOGEM uses, will enable us to:
- collect data that allows LEOGEM to understand how Users interact with our Website and receive site usage reports and statistics;
- display ads to Users based on what parts of the Website they have viewed by placing a cookie on the User’s devices or display ads if the User logged in to any Google services;
- create audiences from our site Users and deliver tailored ads marketing to better suit the needs of our Users and only display ads that are relevant to our Users;
- permit certain third-party companies to help us tailor advertising that we think may be of interest to Users and to collect and use other data about user activities on our Website.
For more information on LEOGEM’s use of Google Analytics and Advertising features, as well as cookies, please view our Cookies Policy sourced at https://www.Innovation worx.co.za/cookie-policy/
USE OF FACEBOOK PIXEL
The Website makes use of Facebook Pixel, which is a small component of JavaScript code that is used to optimise ads to Users, report on conversions across User devices and create custom audiences of Users in LEOGEM’s Facebook advertising. Facebook Pixel enables LEOGEM to measure the effectiveness of our advertising by understanding the actions Users take on the Website.
For more information on LEOGEM’s use of Facebook Pixel and associated features, please view our Cookies Policy sourced at https://www.innovationworx.co.za/cookie-policy/
COOKIES
When providing the Services, LEOGEM seeks to make the User’s access to such Services easy, useful and reliable. This sometimes involves the use of Cookies. These cookies usually cannot be used to identify the User personally and are used to improve services for the User.
LEOGEM’s Website uses cookies that are essential in order to enable the User to move around the Website and use its features when accessing the Services. Without these cookies, LEOGEM would be unable to provide the Services. LEOGEM also uses Google Analytics cookies and Facebook Pixel to collect information about how Users use the Website and to help LEOGEM ensure it is tailored to the User’s needs and interests. These cookies only collect information in an anonymous form, including the number of website visitors and the pages visited. No personal information is collected or stored by LEOGEM. To opt out of being tracked by Google Analytics across the Website visit: Google Analytics Opt-out Browser Add-on Download Page
Most web browsers automatically accept cookies, but normally you can alter your browser settings to prevent automatic acceptance, if you prefer. If you opt not to receive LEOGEM’s cookies, LEOGEM cannot guarantee that your experience in respect of the Website will be as quick or responsive as what it would be if the User receives cookies.
LEOGEM does not store passwords or any other information about a User in a cookie that could identify them, their location, their preferences or their financial activity.
Details of the types of cookies used by LEOGEM is contained in LEOGEM’s Cookie Policy sourced at https://www.innovationworx.co.za/cookie-policy/
IMPORTANT INFORMATION PERTAINING TO LEOGEM
In compliance with certain Applicable Laws, LEOGEM draws your attention to the following information relating to them:
Full names and legal status:
Leogem Investments (Pty) Ltd
Physical address and telephone number:
51 Richards Drive, Halfway House, Midrand, 1685
Website address and e-mail address:
Website: https://www.innovationworx.co.za/
Email Address: social@leogemprop.com
The registration number and its place of registration:
1992/003579/07
The Republic of South Africa
The physical address where LEOGEM will receive legal service of documents:
51 Richards Drive, Halfway House, Midrand, 1685
PERSONAL INFORMATION – PRIVACY STATEMENT / NOTICE
The User shall make available and consents to the processing of the following personal information by LEOGEM:
- Full names
- Telephone numbers
- Email addresses
- Opinions and preferences
(“the Personal Information”)
The User agrees that LEOGEM may process the User’s Personal Information for all purposes that relate to the Website and the products and/or services offered through the Website (“the Products/Services”) from time to time by third parties. In order to do so, the User acknowledges that the Provider is required to find out exactly what the User needs or wants.
The User does have the right to object to the processing of their Personal Information and it is voluntary to accept these Terms and Conditions. However, LEOGEM does require the User’s acceptance to enable the User to use the Website, and to provide the Products/Services, which may include providing the User with access to third parties who may provide the User with Products/Services.
Personal Information will be processed by LEOGEM, pursuant to and for the purposes as set forth in the Provider’s Privacy Statement and Privacy Policy, which may include, but not be limited to the following purposes:
- verifying the identity of the User and onboarding the User as a customer of LEOGEM, to whom the Provider will market and afford access to various third products and services from time to time;
- transmitting and receiving necessary correspondence to the User in relation to the Products/Services accessed, used or purchased by the User through, or by means of the Website;
- to transfer the User’s Personal Information to third parties with whom the Provider is affiliated or with who the Provider has an agreement;
- facilitating delivery of the Products/Services or the products or services accessed, used or purchased by, or subscribed to by, the User through, or by means of the Website;
- generally rendering the Services;
- transmitting marketing material to the User in respect of the Products/Services marketed by LEOGEM through or by means of this Website or any other Website and/or marketing channel which LEOGEM may deploy from time to time;
- to analyse the Personal Information collected for research and statistical purposes and once such Personal Information is analysed to send the User marketing and promotional material which LEOGEM believes may, based on LEOGEM’s processing of the User’s Personal Information in the capacity as a customer of LEOGEM and in its sole discretion, be relevant to the User in future or enhance the User’s use of the Products/Services provided on, through, or by means of the Website or any other Website and/or marketing channel deployed by LEOGEM from time to time;
- to conduct market research, as well as academic research in respect of the Personal Information in order to identify potential markets and trends, to develop new products and services, to improve the nature of the Products/Services being provided to the User by LEOGEM or to on-sell such Personal Information to third parties for commercial or non-commercial means;
- to aggregate and/or de-identify the User’s Personal Information after analysing it for statistical purposes and/or conducting market and academic research in respect thereof, as aforesaid, and transferring or on-selling such de-identified Personal Information to third parties for commercial or non-commercial purposes.
The User expressly agrees and acknowledges that any failure by the User to submit the requisite Personal Information may render LEOGEM unable to deliver the Products/Services and should this arise, the User hereby indemnifies and holds LEOGEM harmless against any loss or damage which the User may suffer as a result of LEOGEM’s inability to render or deliver the Products/Services.
The User acknowledges that through the use of the Website or the Services, which may include completing online application forms or contacting LEOGEM electronically, LEOGEM will in effect be processing the User’s Personal Information.
The User acknowledges that he/she understands that (where applicable) when the User includes the Personal Information of any third parties, LEOGEM will process such Personal Information in line with not only these Terms and Conditions, but the provisions of LEOGEM’s Privacy Policy. In such an event contemplated above, the User warrants that they have the required consent, alternatively have obtained an appropriate lawful justification, to furnish LEOGEM with such Personal Information, thereby enabling LEOGEM to process it for the purposes set forth in LEOGEM’s Privacy Policy. LEOGEM’s Privacy Policy can be sourced at https://www.leogemcommercial.co.za/privacy-policy/
SECURITY SAFEGUARDS
LEOGEM shall take appropriate, reasonable technical and organisational measures to secure the integrity and confidentiality of the Personal Information in its possession, in order to guard against:
- loss of, damage to or unauthorised destruction of Personal Information; and
- unlawful access to or processing of Personal Information.
LEOGEM shall not however be held responsible and the User agrees to indemnify and hold harmless the Provider for any security breaches occurring on the User’s electronic device (personal computer or other electronic device used to browse the Website or access the Products/Services), which may arise as a result (without limitation) of the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device.
As you now know by now, we are serious about keeping your information secure and to only process it for purposes which you know about and which are legitimately linked to our business operations. As such, we implement reasonable security measures and protocols to protect the Personal Information we are privileged to hold. These measures are to protect any personal information we hold form being disclosed without authorisation, from loss, damage, destruction or unauthorised access. As you will appreciate nothing is 100% secure in this day and age and therefore, we ask that if you suspect that either you, or we, have had an information security breach, please notify us immediately so that we can take action. You can do so by contacting our Information Officer whose information is set out below.
A USERS RIGHTS
LEOGEM will store or retain your Personal Information for the period required in accordance with LEOGEM’s legitimate interest to do so or for the period necessary to comply with our legal and regulatory obligations related to the storage of specific types of records and/or information.
As a User, you have rights when it comes to your Personal Information, but bear in mind that there may be various considerations in deciding how to deal with any requests you may have. Contact us at chloe@leogemprop.com , so that our Information Officer is able to review and/or process the request and provide a response.
Your rights include:
- Right of Access – You can ask us for a copy of the Personal Information we hold.
- Right to Know – You can ask us what Personal Information is or was shared with any of our business contacts or any third party.
- Right to Change – You can ask us to update your Personal Information or delete any Personal Information that is no longer accurate or relevant.
- Right to Object – You can object to our processing of your Personal Information.
- Right to Report – You can lodge a complaint with the relevant authorities should you feel aggrieved by the manner in which we have processed your Personal Information.
The contact details of the respective authorities are:
The Information Regulator (South Africa)
JD House 27 Stiemens Street Braamfontein Johannesburg, 2001
PO Box 31533
Braamfontein, Johannesburg, 2107
E-mail: inforeg@justice.gov.za
Should you have any questions about LEOGEM’s Privacy Policy, the Personal Information we hold about you, or you would like to exercise any of the rights which you may have, please feel free to contact our Information Officer:
Email:
Tel:
+27 60 960 1112
Physical Address:
51 Richards Drive, Halfway House, Midrand, 1685