Witz Inc Online Privacy Policy
- Introduction:
We are a South African law firm offering professional legal services to our clients (“Services”). Our website witzinc.co.za (the “Website”) provides information about our firm and the Services we offer in general and also allows clients and prospective clients (“you”, “your”, “yourself” and “client”) to contact us via the Website. These terms (incorporating our privacy policy) (the “Terms”) govern your use of the Website and sets out what information is disclosed to us and how we will use it. - TERMS
About Us: Witz Incorporated (“we”, “us”, “our” and “Witz”) is a law firm registered in Johannesburg, South Africa, Company number: 2012/029713/21. Our Registered Office address is 1st Floor, The Conservatory, 13 Baker Street, Rosebank, Johannesburg, 2196. - Consumer Protection Act Disclosures: If you are a consumer, as defined in the Consumer Protection Act we have a duty to point out certain important terms which may limit your rights, constitute an acceptance of a fact or otherwise be important. The clauses in these Terms that require specific consideration are clause 4 (acceptance), clause 5 (content), clause 8 (third party links), clause 17 (disclaimer) and clause 20 (indemnity and limitation of liability).
- Acceptance: These Terms constitute a legally binding agreement between you and Witz. You agree to these Terms by accessing or using our Website. You represent and warrant that you have the right, authority, and capacity to enter into these Terms. If you do not agree with all of the provisions of these Terms, you must not use the Website or our Services.
- Content: The Website and all related materials therein are provided for general information purposes. We do not provide any legal advice on our Website, and it should not be relied upon for this purpose. We accept no responsibility for any loss, damage, expense, delay or any other harm (“Loss” or “Losses”) that you or your property may suffer in any manner whatsoever in relation to the Website or any content provided therein including any Loss of business or business interruption, or any reputational damage suffered by you for any reason whatsoever. We accept no liability for your use of the Website in any manner whatsoever and you fully indemnify and hold us harmless for any claims you may have in this regard. We make no warranties or representations with respect to any content provided on the Website or in relation to the Services, including any content, ideas, expressions, materials or any content provided by third parties. You hereby (to the fullest extent possible) indemnify us, our directors, employees and affiliates from any and all claims (including threatened claims) made arising from or otherwise in relation to your use of the Website, the Services or any such content.
- Intellectual Property: All intellectual property rights (including copyright, moral rights, trade marks, patents or designs) in relation to the Website and the Services, (“IP”) are owned by us (or are licensed to us) and are therefore protected by both South African and international intellectual property laws. Accordingly, any unauthorised use, copying, reproduction, re-transmission, distribution, dissemination, sale, publication, broadcast, or other circulation or exploitation of the IP or any part thereof will constitute an infringement of such IP rights. To the extent that you participate in any live events, you hereby agree and consent to such events being recorded and hereby grant us an irrevocable, perpetual, royalty-free, transferable license to use any such recordings as well as the content and materials contained therein, including your name and likeness.
- Electronic Communications: You consent to receive communications from us electronically, such as call invitations, e-mails, texts, mobile push notices, notifications, notices and/or messages via the Website and/or electronic devices. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You acknowledge and agree that all electronic communication, which purport to emanate from you, shall be deemed to have been given by you in the form actually received by the Website.
- Third Party Links: The Website may contain links to other websites. When you access third party websites, you do so at your own risk. We don’t control or endorse those sites and do not accept any liability in relation to those sites in any manner whatsoever. You use of those websites is entirely at your own risk.
- Restrictions: You may only access and use the Website yourself and may not permit anyone else to do so on your behalf. You agree not to access and/or attempt to access any part of the Website or Services by any means other than through the interface provided by us. You may not intercept, monitor, damage, and/or modify any communication of any user of the Website for any reason whatsoever. You may not do anything that would compromise the security or integrity of the Website or the Services. You will not engage in any activity that interferes with, or disrupts, the Website or the servers and networks that host the Website. You may not use data mining, robots, screen scraping, or similar data gathering and extraction tools on the Website. Further, you may not copy, decompile, disassemble, and/or reverse engineer the Website or any part thereof. You may not use or access the Website and/or the Services in any way that, in our sole discretion, adversely affects the performance or functionality of the Website and/or the Services or interferes with the ability of authorised persons to access the Website and/or the Services. Any use of automated inquiry devices, robots, or repetitive data gathering and extraction tools, routines, scripts and/or other mechanisms with similar functionality is expressly prohibited in relation to the Website and/or the Services
- PRIVACY POLICY
Personal information: We gather the following information about you: (i) Information you provide to us when you complete an online form (when you register an account or request our Services and otherwise use the Website or Services, including your names, business names, address, contact number, email address, location, frequency of use of the Website, and related personal information
(ii) messages that are sent via the Website, email or other telecommunication; (iii) information obtained via Cookies; (iv) use of third party payment services; (v) information obtained via the Website or in the course of using the Services, email, telephone call or other communications with you, including customer support communications; (vi) usage of the Website and Services; and (vii) other information related to your use of the Website and the Services. - Purpose: We use the information you provide us in order to:
- provide you with information regarding our Services.
- provide the Website to you, which includes communicating with you and providing information regarding our Services;
- provide administrative services and customer service related purposes;
- send marketing and promotional content to you;
- confirm and verify your identity or to verify that you are an authorised user for security purposes;
- promote the Website, the Services, and our other services from time to time;
- improve, customise and optimise the Services and the Website;
- enable us to conduct internal research and statistical analysis;
- monitor your use of the Website in order to ensure compliance with the Terms;
- administer any customer loyalty benefits from time to time; and
- improve our understanding of the marketplace and how you use the Website and Services.
12. Storage: Your personal information is stored via third party service providers, including Microsoft cloud-based storage. Witz may in their sole discretion determine the manner and location of the storage of your personal information and you hereby consent to same. We shall only retain and store your personal information for the period for which the data is required to serve its primary purpose or a legitimate interest or for the period required to comply with an applicable legal requirement, whichever is longer.
13. Consent: You hereby consent to the use and storage of your personal information for the purposes indicated above, including the cross-border transfer of your personal information.
14. Disclosure: We may disclose your personal information in the following circumstances –
as provided for in this privacy policy;
- where we have your explicit permission;
- as required in relation to court orders, subpoenas, or legal process, or enforceable governmental requests, or to establish or defend against legal claims, or exercise our legal rights;
- where we believe it is necessary to access, use, preserve or disclose such information to detect, investigate, prevent, or address illegal activities, fraud, security or technical issues, or potential threats to the safety of any person, or violations of the Terms of use, or to protect rights, property, or safety of Witz, the Website or other users as required or permitted by law.
- we may provide information to our related companies or other trusted businesses or persons who work on behalf or with Witz including our professional advisors, such as our lawyers or auditors. Where information is disclosed to our related companies, those related companies will use the information in compliance with this privacy policy.
- Witz will take reasonable steps to ensure that its contracts with third parties include requirements for those third parties to comply with the requirements of the applicable South African privacy legislation.
- we may also disclose aggregate, anonymous log file and usage information in reports to interested third parties to assist those parties in understanding the usage patterns and performance results of certain advertisements, content, services, promotions, or features, or to provide you a better user experience. For example, we may provide aggregate-level reports to an advertising partner for the purpose of showing delivery and performance statistics of a specific advertising campaign. Such information will be de-identified.
15. Security: We strive to ensure the security of personal information you provide to us by taking reasonable measures to prevent the destruction, unlawful access and loss of personal information. Any compromise of data integrity or confidentiality will be reported to you by via the Website, email or SMS.
16. Your rights: You have the right to access, rectify, and erase your information, as well as the right to restrict and object to certain processing of your information. This includes the right to object to our processing of your information for direct marketing. You may exercise these rights by sending us an email at info@witiznc.co.za. Please note that without certain information we are unable to offer you the Services and may thus terminate these Terms and your use of the Services in such an event and you will have no claim against us.
17. DISCLAIMER
18. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS AND SERVICES INCLUDED THEREIN AS WELL AS IN RELATION TO ANY THIRD-PARTY PROVIDERS, INCLUDING BUT NOT LIMITED TO WITZ.
19. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICES. WE DO NOT WARRANT THAT THE WEBSITE, THE SERVERS, OR E-MAILS SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE FURTHER DO NOT WARRANT ANY SPECIFIC RESULTS OR PERFORMANCE AS A RESULT OF THE SERVICES.
20. INDEMNITY AND LIMITATION OF LIABILITY
21. IT IS RECORDED THAT OUR WE DO NOT OFFER LEGAL ADVICE VIA OUR WEBSITE AND IN ORDER TO RECEIVE OUR SERVICES YOU MUST ENGAGE DIRECTLY WITH THE ATTORNEYS OF WITZ INC.
22. YOUR USE OF THE WEBSITE AND THE SERVICES IS ENTIRELY AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM THE USE THEREOF. WE DO NOT ACCEPT LIABILITY THAT MAY ARISE IN CONNECTION THEREWITH.
23. IN ADDITION TO ANY OTHER INDEMNITIES PROVIDED IN THESE TERMS, YOU HEREBY UNCONDITIONALLY AND IRREVOCABLY INDEMNIFY US, OUR AFFILIATED COMPANIES, OFFICERS, AGENTS, DIRECTORS AND EMPLOYEES AND AGREE TO HOLD US FREE FROM ALL LOSS, DAMAGES, CLAIMS AND/OR COSTS, OF WHATSOEVER NATURE ARISING OUT OF OR PURSUANT TO YOUR USE OF THE WEBSITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL LOSS, DAMAGES, CLAIMS AND/OR COSTS SUFFERED BY ANY PERSON AS A DIRECT OR INDIRECT RESULT OF YOUR USE OF THE WEBSITE OR SERVICES, AND SUCH INDEMNITY SHALL EXTEND TO THE REASONABLE COSTS THAT MAY BE INCURRED BY US IN DEFENDING ANY ACTION (OR THREATENED ACTION) AGAINST US.
24. IN NO EVENT SHALL WE, OUR DIRECTORS, EMPLOYEES, OFFICERS, SERVICE PROVIDERS OR SUBSIDIARIES BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE OR THE SERVICES (HOWSOEVER ARISING, INCLUDING BUT NOT LIMITED TO NEGLIGENCE)
25. Relevant POPIA information:
Information Officer: Craig Shapiro
Information Officer Email: craig@witzinc.co.za
Any additional information or concerns can be found and raised with the Information Regulator, who can be contacted as shared below, but please feel free to contact me/us first to discuss any questions or concerns you may have:
Website: https://www.justice.gov.za/inforeg/
Tel: 012 406 4818
Email: inforeg@justice.gov.za