Sparkfolios PRIVACY POLICY
Welcome to our privacy policy. We are Sparkfolios and this is our plan of action when it comes to protecting your privacy. We respect your privacy and take the protection of personal information very seriously. The purpose of this policy is to describe the way that we collect, store, use, disclose and protect your personal information, in accordance with the requirements of the Protection of Personal Information Act (“POPIA”). The information that can be associated with you or another specific natural or juristic person and can be used to identify you or that person (personal information). At Sparkfolios, we are committed to protecting your privacy and ensuring that your personal information is collected and used properly, lawfully and transparently. The purpose of this policy is to describe the way that we handle your personal information
DISCLAIMER
The pages, documents and information on the Sparkfolios Website or Websites controlled and owned by Sparkfolios, which include www.sparkfolios.com. The website is subject to copyright under the Berne Convention. Subject to what is said below, unless you have prior written permission from Sparkfolios, no part of these pages, documents or information may be reproduced, stored or transmitted in any form or by any means. You are granted the right to use the pages, documents and information appearing on this Website by downloading, storing and making copies for private use only and the re-publication or re-use thereof (or part thereof), without the prior written permission from Sparkfolios, is prohibited.
Whilst every effort has been made by Sparkfolios and its suppliers of information, to ensure the proper performance of this Website, the accuracy of the information/images contained therein and the reliability of the data on this Website, Sparkfolios and its affiliated companies, suppliers or any of their employees, do not guarantee the availability of services, content and information offered on this Website or that this Website is free from errors or omissions. Users are encouraged to report any malfunctions or errors to us.
This Website is supplied on an “as is” basis and the user agrees that the Website is used at their own risk. This Website has not been compiled or supplied to meet the user’s individual requirements. It is the sole responsibility of the user to satisfy himself or herself that the goods or services available from and through this Website will meet the user’s individual requirements and will be compatible with the user’s hardware and/or software.
Sparkfolios makes no representations or warranties, whether express or implied, and assumes no liability or responsibility for the proper performance of this Website and/or the services and/or the information and/or images contained on this Website, and all services are thus used at your own risk. In particular, Sparkfolios makes no warranty that the services will meet your requirements, be uninterrupted, complete, timely, secure or error-free.
Sparkfolios shall not entertain requests for exchanges, returns and/or refunds unless specified by the director of Sparkfolios, insurance claims which are subject to different terms and conditions and are based on Sparkfolios’S director.
This Website may contain hyperlinks to third-party Websites. Sparkfolios is not responsible for the content of, or the services offered by those Websites. The hyperlinks are provided solely for your convenience and should not be construed as an express or implied endorsement by Sparkfolios of the Website(s) or the products or services provided therein. You access those Websites and use their products and services solely at your own risk.
It is expressly prohibited for any person, business, entity or Website to represent any page on this Website, including the home page, in any way whatsoever, such as framing, on their Website so that it appeals to be their own information.
Information, ideas, and opinions expressed on this Website should not be regarded as advice or the official opinion of Sparkfolios unless the contrary is expressly indicated.
No agreements shall be concluded merely by sending a data message to Sparkfolios. Valid agreements require formal written acceptance of an offer from Sparkfolios.
Sparkfolios has used every effort to ensure that the information appearing on this Website is correct and accurate and takes no responsibility for any loss or damage howsoever occasioned due to any mistakes, omissions, interruptions, delays or whatever reason suffered by any person as a result of the use or reliance upon the information appearing herein.
We may change the terms of this policy at any time by updating this web page. We will notify you of any changes by placing a notice in a prominent place on the website or by sending you an email detailing the changes that we have made and indicating the date that they were last updated. If you do not agree with the changes, then you must stop using the website and our goods or services. If you continue to use the website or our goods or services following notification of a change to the terms, the changed terms will apply to you and you will be deemed to have accepted those updated terms.
INTERPRETATION AND DEFINITIONS
Interpretation
The words of which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of this Privacy Policy:
- Account means a unique account created for You to access our Service or parts of our Service.
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to “Sparkfolios at Office Suite 15, Canal Edge One, Tyger Waterfront, Carl Cronje Drive, Bellville, Cape Town, 7530”.
- Cookies are small files that are placed on the website visitors computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
- Country refers to: South Africa
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Personal Data is any information that relates to an identified or identifiable individual.
- Service refers to the Website.
- Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analysing how the Service is used.
- Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
- Website refers to Sparkfolios, accessible from www.sparkfolios.com.
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
By accessing any pages of the Website of Sparkfolios ( also referred to as “Sparkfolios”) you, (“the User”) agree to be bound by the following terms and conditions of use:-
ACCEPTANCE AND PERMISSION
You must accept all the terms of this policy when you make use of the the website and or services. If you do not agree with anything in this policy, then you may not use Sparkfolios websites; such as www.sparkfolios.com, or make use of or request Sparkfolios’s services.
By accepting this policy, you are deemed to have read, understood, accepted, and agreed to be bound by all of its terms.
You may only send us your own personal information or the information of another data subject where you have their permission to do so.
DATA USAGE
- Your use of this Website is subject to the terms and conditions as set out below, including, but not limited to the documents that are referred to in some of the clauses.
- You should carefully read the terms and conditions before you access any pages of the Website or subscribe to any mailing list, request services or another online forum of Sparkfolios.
- Your use is restricted to personal and non-commercial use and no adaption, modification or re-use of the text or graphics from this Website is allowed except with prior written consent from Sparkfolios.
- The audience of this policy and it applies to you if you are: a) visitor to our website; or b) a customer who has ordered or requested the services that we provide. This policy applies to you under certain circumstances.
- You may not access our website or request our services if you are younger than 18 years old or do not have legal capacity to conclude legally binding contracts.
- Our obligations – We may use your personal information to fulfil our obligations to you.
- Usage Data is collected automatically when using the Service.
- Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
- When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
- We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
USE OF TARGETED CONTENT
While you are using the website, we may display targeted adverts and other relevant information based on your personal information. In a completely automated process, computers process the personal information and match it to adverts or related information. We never share personal information with any advertiser, unless you specifically provide us with your consent to do so. Advertisers receive a record of the total number of impressions and clicks for each advert. They do not receive any personal information. If you click on an advert, we may send a referring URL to the advertiser’s website identifying that a customer is visiting from the website. We do not send personal information to advertisers with the referring URL. Once you are on the advertiser’s website however, the advertiser is able to collect your personal information. We may use your information for targeted content in certain, specified instances.
TYPES OF DATA COLLECTED
Personal Information Data
While using Sparkfolios’s website and services, we may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
- Email address – identifying information
- First name and last name – identifying information
- Phone number – contact information
- Address, State, Province, ZIP/Postal code, City – address information
- Usage Data
Personal information can be collected in the following ways, but is not limited to:
- certain information that we collect automatically when you visit our website;
- certain information collected on form submission;
- optional information that you provide to us voluntarily (see below);
but excludes:
- information that has been made anonymous so that it does not identify a specific person;
- permanently de-identified information that does not relate or cannot be traced back to you specifically;
- non-personal statistical information collected and compiled by us; and
- information that you have provided voluntarily in an open, public environment or forum including any blog, chat room, community, classifieds, or discussion board (because the information has been disclosed in a public forum, it is no longer confidential and does not constitute personal information subject to protection under this policy).
Personal information includes information we collect (i) automatically when you visit our website, (ii) on form submission, and (iii) from you voluntarily. It excludes (i) anonymous, (ii) de-identified, (iii) non-personal statistical, and (iv) public information.
Sensitive personal information
Depending on the goods or services that you require, we may also collect sensitive personal information including your:
- financial information – such as your bank account details;
- sensitive demographic information – such as your race or ethnicity;
- medical information – such as information about your physical or mental health;
- sexual information – such as information about your sex life or sexual orientation;
- criminal information – such as information about your commission or alleged commission of any offence or about any related legal proceedings;
- employment information – including your membership of a trade union; and
- beliefs – including your political or religious beliefs.
PURPOSE OF COLLECTION, DATA AND RETENTION PERIOD
Purpose of collection
We may use or process any goods or services information, or optional information that you provide to us for the purposes that you indicated when you agreed to provide it to us. Processing includes gathering your personal information, disclosing it, and combining it with other personal information. We generally collect and process your personal information for various purposes, including:
- goods or services purposes – such as collecting orders or requests for and providing our goods or services;
- marketing purposes – such as pursuing lawful related marketing activities;
- business purposes – such as internal audit, accounting, business planning, and joint ventures, disposals of business, or other proposed and actual transactions; and
- legal purposes – such as handling claims, complying with regulations, or pursuing good governance.
We may use your usage information for the purposes described above and to:
- remember your information so that you will not have to re-enter it during your visit or the next time you access the website;
- monitor website usage metrics such as total number of visitors and pages accessed; and
- track your entries, submissions, and status in any promotions or other activities in connection with your usage of the website.
We may use any of your personal information that you provide to us for the purposes that you indicated when you agreed to provide it to us.
Consent to collection
We will obtain your consent to collect personal information:
- in accordance with applicable law;
- when you provide us with any registration information or optional information.
We will get your consent to collect your personal information in accordance with applicable law when you provide us with it.
Collecting Your Personal Information
Types of Data Collected
Personal Data
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
- Email address
- First name and last name
- Phone number
- Address, State, Province, ZIP/Postal code, City
- Usage Data
Usage Data
Usage Data is collected automatically when using the Service. Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
Tracking Data
We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyse Our Service.
We may collect or receive various types of data and information for a number of purposes without business operations, which may include the following:
Contact – through phone, mail, email and/or webforms
For this purpose we use the following data:
- A first and last name
- An email address
- A telephone number
- IP Address
- Geolocation data
Retention period:
- We retain this data until the service is terminated.
Newsletters
For this purpose we use the following data:
- A first and last name
- An email address
- A telephone number
- IP Address
- Geolocation data
Retention period:
- We retain this data until the service is terminated.
Compiling and analyse statistics for website improvement
We automatically receive and record Internet usage information on our server logs from your browser. Please note that other websites visited before entering our website might place personal information within your URL during a visit to it, and we have no control over such websites. Accordingly, a subsequent website that collects URL information may log some personal information.
We collect certain information from your web browser, including your Internet usage information when you visit our website.
For this purpose we use the following data:
- IP Address
- Browsing habits
- Click patterns
- System type
- Screen resolution
- Colour capabilities
- Language settings
- Cookie preferences
- Search engine keywords, Javascript enablement
- Content and pages that you access on the website
- The dates and times you visited the website
- Paths taken
- Time spent on the site and ages within (usage information)
- Internet activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an Internet Website, application, or advertisement
- Geolocation data
Retention period:
- We retain this data until the service is terminated.
To be able to offer personalised products and services
For this purpose we use the following data:
- A first and last name
- An email address
- IP Address
- Internet activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an Internet Website, application, or advertisement
- Geolocation data
Retention period:
- We retain this data until the service is terminated.
Voluntary disclosure of information
You may also provide additional information to us on a voluntary basis (optional information). This includes content or products that you decide to upload or download from our website or when you enter competitions, take advantage of promotions, respond to surveys, order certain additional goods or services, or otherwise use the optional features and functionality of our website.
We collect certain optional information, that you provide when you upload or download content from our website or when you enter competitions, take advantage of promotions, respond to surveys or register and subscribe for certain additional goods or services.
For this purpose we use the following data:
- A first and last name
- An email address
Retention period:
- We retain this data until the service is terminated.
Tracking Technologies and Cookies
We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyse Our Service. The technologies We use may include:
- Cookies or Browser Cookies: A cookie is a small file placed on Your Device. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service. Unless you have adjusted Your browser setting so that it will refuse Cookies, our Service may use Cookies.
- Web Beacons: Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).
Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser. Learn more about cookies on the Free Privacy Policy website article.
We use both Session and Persistent Cookies for the purposes set out below:
Necessary / Essential Cookies
- Type: Session Cookies
- Administered by: Sparkfolios
- Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
Cookies Policy / Notice Acceptance Cookies
- Type: Persistent Cookies
- Administered by: Sparkfolios
- Purpose: These Cookies identify if users have accepted the use of cookies on the Website.
Functionality Cookies
- Type: Persistent Cookies
- Administered by: Sparkfolios
- Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.
Your internet browser generally accepts cookies automatically, but you can often change this setting to stop accepting them. You can also delete cookies manually. However, no longer accepting cookies or deleting them will prevent you from accessing certain aspects of our website where cookies are necessary. Many websites use cookies and you can find out more about them at www.allaboutcookies.org.
We collect certain information from cookies that we may send to your computer to try and give you a personalised experience.
Use of Your Personal Information
We may disclose your personal information to our service providers who are involved in the delivery of products or services to you. We have agreements in place to ensure that they comply with the privacy requirements as required by the Protection of Personal Information Act. We disclose personal information if we are required by law or by a court order, in response to a law enforcement agency, to the extent permitted under other provisions of law, to provide information, or for an investigation on a matter related to public safety.
If our website or organisation is taken over, sold, or involved in a merger or acquisition, your details may be disclosed to our advisers and any prospective purchasers and will be passed on to the new owners.
Sparkfolios participates in the IAB Europe Transparency & Consent Framework and complies with its Specifications and Policies. It uses the Consent Management Platform with the identification number 332
We have concluded a data processing agreement with Google.
We may also disclose your information:
- Where we have a duty or a right to disclose in terms of law or industry codes;
- Where we believe it is necessary to protect our rights.
Regulator
We may disclose your personal information as required by law or governmental audit.
Law Enforcement
We may disclose personal information if required:
- by a subpoena or court order;
- to comply with any law;
- to protect the safety of any individual or the general public; and
- to prevent violation of our customer relationship terms.
We may disclose personal information to third parties if required for legal reasons.
No Selling
We will not sell personal information. No personal information will be disclosed to anyone except as provided in this privacy policy.
Third-party websites for Marketing Purposes
We may disclose aggregate statistics (information about the customer population in general terms) about the personal information to advertisers or business partners. This privacy statement does not apply to third-party websites connected by links on our website. We cannot guarantee that these third parties handle your personal data in a reliable or secure manner. We recommend you read the privacy statements of these websites prior to making use of these websites.
Electronic Communications (Email)
We may send administrative messages and email updates to you about the website. In some cases, we may also send you primarily promotional messages. You can choose to opt-out of promotional messages. OR We may send administrative messages and email updates to you about the website. We may wish to provide you with information about new goods or services in which we think you may be interested. This means that in some cases, we may also send you primarily promotional messages. We will not send you promotional messages unless you have chosen to opt-into them. But, we may send you one message asking you to opt-into promotional messages without you having opted-into promotional messages.
We may use your information to send you administrative messages and email updates to you regarding the website and for marketing purposes where lawful.
Any Sparkfolios emails sent out either through Sparkfolios domains or through the email sending service software is following The Electronic Communications and Transactions Act, Act 25 of 2002 (“ECT”).
Any e-mail transmission from Sparkfolios may contain confidential information, which is the property of Sparkfolios. No person, other than the recipient (so indicated by the sender) may use or disclose the contents of this message, links or attachments hereto, to any person whatsoever. Unauthorised disclosure and/or use may result in civil and criminal liability.
The information in any e-mail, links or attachments thereto is intended for the attention and use of the addressee only – if you are not the intended addressee/recipient, you are hereby notified that any use, disclosure, copying or distribution of the contents of this e-mail transmission or the taking of any action in reliance thereon or pursuant thereto, is strictly prohibited. Should you have received an e-mail in error, please delete and destroy it immediately and notify the sender.
The e-mail address of the sender may not be used, copied, sold, disclosed, shared or incorporated into any database or mailing list for spamming and/or other online marketing practices without the prior consent of the sender and/or Sparkfolios.
Under no circumstances shall Sparkfolios or the sender of this e-mail be liable to any party for any direct, indirect, special or consequential damages, including, without limitation, any loss of profits, loss of revenue, loss of income, business interruption, loss of programs or data, even if Sparkfolios or the sender of this e-mail have been expressly advised of the possibility of such damages.
Any agreements concluded with Sparkfolios by using electronic correspondence shall only come into effect once Sparkfolios has indicated the conclusion of an agreement in a follow-up or return communication and always subject to the requirements of the ECT Act and contract law in general. Should any contradiction occur, the Sparkfolios director word will be the deciding rule of Sparkfolios.
No e-mail correspondence sent to Sparkfolios shall be deemed to have been received until Sparkfolios has responded thereto. An auto-reply shall not constitute such “response” for purposes of this clause. Return e-mail messages blocked by Sparkfolios’S virus detection and/or filtering applications shall be deemed not to have been received by Sparkfolios and/or the addressee.
No warranties, whether express or implied, are made and/or implied that any employee and/or contractor of Sparkfolios is and/or was authorised to create and send these e-mail communications.
Sparkfolios reserves the right to intercept, filter, view, block, delete, access, copy, read and act upon this e-mail message and all e-mail messages sent as reply messages to this e-mail message or the address of the sender.
Sparkfolios retains the copyright in all e-mail messages and attachments sent from its communications systems insofar as such content is original and subject to copyright. The recipient/addressee is hereby licensed to open and read the message and/or attachments only – all other rights are reserved unless so indicated by Sparkfolios.
The views and opinions expressed in any Sparkfolios e-mail messages do not necessarily reflect the views and/or opinions of Sparkfolios. If an e-mail message is used for purposes unrelated to the official business of Sparkfolios, Sparkfolios shall not be liable for any damage, liability, infringement, or loss caused by the contents of this message and the sender shall take full responsibility therefore in his / her personal capacity.
If email recipients wish to update or remove their information form the email database, you can unsubscribe via the button on the bottom of all marketing emails. If you wish us to remove all transaction history, please email privacy@Sparkfolios.co.za.
Electronic communication shall be considered to have been sent by the Director of Sparkfolios only if: –
1. the Director(s) sent it personally, or
2. it was sent by a person who had the required authority to act on behalf of the said Director.
Any opinion or advice contained in electronic communications shall be subject to the terms and conditions contained in any governing agreement.
Sparkfolios shall not be responsible for the proper and/or complete transmission of the information contained in the electronic communication or of the electronic communication itself nor in any delay in its receipt.
Whilst Sparkfolios does utilise virus filtering, it provides no guarantees or warranties that any electronic communications are virus-free.
Subject to urgent and interim relief, all disputes and/or disagreements and/or damages and/or liabilities, in any manner related to the:
- Interpretation, validity, access to and enforceability of any e-mail legal notice.
- Content (including message headers, links and/or attachments) of any e-mail message
- The time and place of any e-mail was sent and/or delivered; and/or
- The identity of the sender shall be referred to urgent and confidential arbitration in terms of the arbitration rules of the Arbitration Foundation of Southern Africa and such arbitration shall be conducted in Pretoria in English.
- The law of South Africa shall govern any e-mail message and legal notice. This e-mail legal notice may be amended without prior warning
Employees
We may need to disclose personal information to our employees that require the personal information to do their jobs. These include our responsible management, human resources, accounting, audit, compliance, information technology, or other personnel.
Change Of Ownership
If we undergo a change in ownership, or a merger with, acquisition by, or sale of assets to, another entity, we may assign our rights to the personal information we process to a successor, purchaser, or separate entity. We will disclose the transfer on the website. If you are concerned about your personal information migrating to a new owner, you may request us to delete your personal information.
Security
We take the security of personal information very seriously and always do our best to comply with applicable data protection laws. Our hosting company will host our website in a secure server environment that uses a firewall and other advanced security measures to prevent interference or access from outside intruders. We authorise access to personal information only for those employees who require it to fulfil their job responsibilities. We implement disaster recover procedures where appropriate.
Our website is hosted on a secure server and uses security measures to prevent interference by intruders.
Up To Date
We will try to keep the personal information we collect as accurate, complete and up to date as is necessary for the purposes defined in this policy. From time to time we may request you to update your personal information on the website. You are able to review or update any personal information that we hold on you by accessing your account online, emailing us, or phoning us. Please note that in order to better protect you and safeguard your personal information, we take steps to verify your identity before granting you access to your account or making any corrections to your personal information.
Please keep your personal information accurate and up to date by accessing your account online, emailing us, by phoning us.
Retention
We will only retain your personal information for as long as it is necessary to fulfil the purposes explicitly set out in this policy, unless:
- retention of the record is required or authorised by law; or
- you have consented to the retention of the record.
During the period of retention, we will continue to abide by our non-disclosure obligations and will not share or sell your personal information.
We may retain your personal information in physical or electronic records at our discretion.
We will only retain your personal information for as long as is necessary.
COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS
The content, including wording artwork, data and software, text, graphics, icons, hyperlinks, trade-marks, etc, used on the pages, documents and information appearing in this Website are subject to statutory protection including copyright in terms of local and international conventions and treaties and are the property of or licensed to Sparkfolios. Subject to what is said below, unless you have prior written permission from Sparkfolios, no part of these pages, documents or information may be reproduced, stored or transmitted in any form or by any means. You are granted the sole right to use the pages, documents and information appearing on this Website by downloading, storing and making copies for private use only (and non-commercial purposes) and the re-publication or re-use thereof (or part thereof), without the prior written permission from Sparkfolios, is prohibited. All intellectual property of this Website is expressly reserved.
Using Search Technology
The use of search technology, such as “web-crawlers” or “web-spiders”, to search and gain information from this Website is not permitted. Such technology shall result in slowing down this Website and infringe the intellectual property rights of Sparkfolios.
In accordance with some of Google’s recent compulsory policies, we herewith inform you that we might be tracking your cookies as our website / company is currently undertaking Google AdWords remarketing of any other Google Ads feature that tracks such cookies. By visiting this site, you agree that certain of our Google Ads remarketing and or other advertisements can follow you as you visit other websites that form part of Google’s Display Network (GDN).
Note that we shall under no circumstances be utilising any personally identifiable information as obtained through our Google Ads remarketing campaign in any other related marketing endeavours – online or otherwise. (Such restricted utilisation of information includes the sharing of such with third parties.) The Company shall under no circumstances be using any sensitive information of any nature on any of our remarketing tags.
The Company shall duly endeavour to adhere to all of the current in-effect policies of Google related to remarketing or any other form of Google advertising in all of its Google Ads marketing campaigns. (In instances of possible non-conformity to such, the Company shall endeavour to rectify such in a prompt manner.) You may opt out of seeing advertisements for website, by simply clicking here: – www.google.com/policies/technologies/ads/ We have implemented certain Google Analytics features for the primary purpose of attempting to ascertain the success of our online marketing endeavours via the Google Ad platform.
INDEMNIFICATION
You hereby indemnify and hold Sparkfolios harmless against all and any loss, liability, actions, suites, 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 services offered on this Website, or the use of the services, information and/or images available on this Website, whether due to our negligence or not.
TERMINATION AND VARIATION
Sparkfolios reserves the right to alter, restrict and/or terminate the Website services to you in particular or to the public in general, without notice or reason, or to revise these terms and conditions, and/or the prices at which the services are offered, at any time. Such changes will be posted on this Website and be deemed to have been accepted by you if you continue using the services. The obligation, therefore, is on you to review these terms and conditions at regular intervals.
GENERAL
- These terms and conditions shall be governed by and construed following the laws of South Africa and you shall submit to the jurisdiction of the South African Courts.
- These terms and conditions are severable, in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction, then such provision shall be deemed to have been deleted without affecting the remaining terms and conditions which shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.
- Sparkfolios’S failure to exercise any particular rights or provision of these terms and conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
- These terms and conditions shall be for the benefit of Sparkfolios and may be waived by us at our sole discretion.
- Limitation – We are not responsible for, give no warranties, nor make any representations in respect of the privacy policies or practices of linked or any third party websites.
- All reasonable steps shall be taken by Sparkfolios to secure a user’s information.
- Users undertake not to divulge their usernames and passwords to any other person.
- It is expressly prohibited for any person, business or entity to gain or attempt to gain unauthorised access to any information on this Website, or to deliver or attempt to deliver any unauthorised, damaging or malicious code to this Website. Any person who delivers or attempts to deliver any unauthorised, damaging or malicious code to this Website or attempts to gain unauthorised access to any page on this Website shall be held criminally liable and in the event that Sparkfolios should suffer any damage or loss, civil damages will be claimed.
- If you have any questions or concerns arising from this privacy policy or the way in which we handle personal information, please contact us at privacy@Sparkfolios.co.za. You have the right to make a compliant at any time to the South African Information Regulator for data protection issues. We would, however, appreciate the chance to deal with your concerns before you approach the South African Information Regulator so please contact us in the first instance. This Privacy Policy, together with the Terms and Conditions out the general rules and policies governing your use of our website. Depending on your activities when visiting our website, you may be required to agree to additional terms and conditions.
DOMICILIUM
Sparkfolios chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court processes, notices or other documents or communication of whatsoever nature:
Physical Address currently as of 14 August 2024 is Office Suite 15, Canal Edge One, Tyger Waterfront, Carl Cronje Drive, Bellville, Cape Town, 7530.
INFORMATION DISCLOSURES REQUIRED BY LAW
- Full name of the company: Sparkfolios
- Directors: Hendrik Bruwer, Rian Fischer, Rudi Elliott
- Physical Address: Office Suite 15, Canal Edge One, Tyger Waterfront, Carl Cronje Drive, Bellville, Cape Town, 7530.
- All Website: www.sparkfolios.com
- This e-mail legal notice shall at all times take precedence over any other e-mail disclaimer(s) attached to return e-mails addressed to any person with a Sparkfolios e-mail account.