How to Interpret this Policy
This Policy contains a number of words and phrases which have specific meanings and most of which are capitalised.Â Our Glossary contains these words and phrases. We also apply certain rules when interpreting these Terms and you can find our Interpretation Guide which set out these rules below.
About the Service
The Service presented to consumers is a voluntary service through which we collect certain personal information directly from you with the purpose of passing your personal information to our customers to enable them to market certain of their products or services to you. When you submit your personal information to us, you agree that we may process your personal information on the basis described in this Policy. 3 Way Marketing’s customers are typically insurance providers, financial service providers, motor industry providers, asset providers, general maintenance providers and related service providers. We also use your personal information to convey your opinions and preferences relating to our customers’ products and services to them to enable them to both identify products and services you may be interested in and address concerns you may raise about them.
Important provisions pertaining to legal liability
Legal Age and Capacity
You may not use the Service and may not accept this Policy if you -
lack the legal capacity to enter into a binding contract with 3 Way Marketing;
are a person who is not permitted to access or use this Service under the laws of the country in which you are resident or from which you access the Service; or
require the consent of a guardian or parent to competently agree to this Policy and have failed to obtain that consent.
By using the Service and/or content made available to through the Service (“Content”) you represent and warrant that you are of full legal age, or are emancipated or have your guardian’s consent to enter into a contract being this Policy.
Personal information 3 Way Marketing collects from you
We may collect the following information:
any information which you are asked for when registering to use or when otherwise using the Service;
a list of the products, services you indicate an interest in or have made use of;
your name and contact information, including email address and location;
identifiers such as your identity number or passport number;
information relating to your use of our customers’ products and services;
indications that you have opted-in to receive communications;
information regarding your personal or professional interests, demographics, income, age, location, experiences with our products and contact preferences in order to provide you with further correspondence about our products and services.
We may intercept and monitor your communications
We may implement systems designed to intercept and monitor your communications with us, to the extent permissible by law, in which case you consent to such interception and monitoring.
As part of this process of intercepting and monitoring these communications, we may record such communications for disclosure on the basis set out in this Policy.
Personal information we collect automatically
When you use the Service, 3 Way Marketing automatically receives and records information on our server logs from your browser or mobile platform, including your location, IP address, cookie information, and the page you requested.
3 Way Marketing mostly uses this data in aggregate form and we may provide this aggregate information to our customers about how our users like you, collectively, use the Service, so that our customers may also understand how you make use of the Service.
Consent to collect from external sources
You agree to allow us to collect further information about you from external sources, including credit bureau’s and our affiliates for the sole purpose of ensuring that our data is accurate and up to date.
Consent that we do not need to notify you
The Protection of Personal Information Act (“POPI”) requires that we provide certain information when we collect your data. As far as possible we have attempted to do this, but you consent to allow us to collect your information even if we do not fully comply with s18(1) of POPI.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
The services we use make use of relatively secure data transmission and storage technologies to reasonably protect your personal information from unauthorised disclosure and maintain your personal information’s integrity.
These services are essential services that enable us to operate efficiently and effectively. Please let us know if you object to us incorporating these services into our service model. In the event you prefer us not to make use of these services, we may not be able to make the Service available to you.
We may link to other services which are not within our control. Once you have left our Service, we cannot be responsible for the protection and privacy of any personal information which you provide. You should exercise caution and look at the privacy statement applicable to the service in question.
What We Do With The Information
We use this information to provide you with a better service, and in particular for the following reasons:
providing information about goods and/or services you have requested and notifying you about important changes or developments to these goods and/or services;
to follow up as part of our customer care procedures;
updating our records about you;
internal record keeping;
to improve our products and services;
crime detection prevention and prosecution;
competitions and other promotions;
evaluating the effectiveness of our marketing and for research, training and statistical analysis with the aim of improving our services;
making our Service easier for you to use and providing you with access to certain parts of the Service; and
to contact you for market research purposes.
At the time you provide us with any information in response to a request from us, our request will provide you with specific information as to how we will use such information.
Other than for the direct marketing purposes referred to below, we may contact you by e-mail, phone, fax or mail in relation to the purposes set out in this section and by providing such information you are deemed to have agreed to us contacting you by these methods of communication. We will continue to contact you by way of such methods until you advise us in writing you no longer wish to be contacted by certain methods. Please note you are required to accept at least one of the above methods as your chosen method of receipt of communication from us.
We will not pass your details to anyone else (other than on the basis set out below and in accordance with appropriate disclosure requirements we may be subject to).
We would like to provide you with information about new products, promotions, special offers and other information, which we think you may find interesting. You agree that we may send you such information by email, post or telephone where you have opted to receive such marketing materials and have indicated to us how you wish to receive such marketing material when you registered for our services. You may opt-out of our direct marketing campaigns at any time, at which point we will not send you any direct marketing.
If we are providing you with services you will also be subject to the specific terms and conditions relating to the product or services you are being provided with and these terms will include additional information as to how we may contact you.
If you are a new client or you have previously asked us for information on our products, we may send you information on our range of products by email where we have your permission to do so.
If the reason you have given us personal information is to receive email information from us, we will continue to provide this information by email unless you ask us not to do so.
Sharing Your Information
We will not transfer, disclose, sell, distribute or lease your personal information to third parties other than on the following basis:
where we have your permission;
where we are required to do so by law;
where it is needed by our agents, advisors or others involved in running accounts and services for you or in undertaking activities linked to the operation of such services or accounts on our behalf; or
where the transfer or disclosure would otherwise be in compliance with legal requirements we are subject to including, but not limited to, statute or regulation.
Accessing Your Personal Information
If you think any information we have about you is incorrect or incomplete, please contact us, in writing, as soon as possible. We will correct or update any information as soon as possible.
Keeping your personal information
You agree to allow us to keep your personal information after we have finished processing it for it’s original purpose. You further agree that we can further process your personal information in the future without needing to notify you. You can ask us to delete any information we have of you by making a request in writing.
We grant you a personal, revocable, worldwide, royalty-free, non-commercial, non-transferrable and non-exclusive license to access our Content on the Service. This license is for the limited purpose of enabling you to use the Service, in the manner permitted by this Policy and the Service’s functionality. In the event we revoke this license, you may no longer access the Service or make any use of our Content.
You acknowledge that you do not acquire any ownership rights or rights of use in or to any Content by copying, reproducing, distributing, transmitting, displaying, broadcasting or publishing that Content except where explicitly permitted to do so.
This Policy contains provisions which limit our exposure to legal liability and even make you responsible for a variety of acts. Some of these provisions do have the effect of limiting your rights in law and conferring obligations on you by virtue of your agreement with this Policy.
Disclaimers and Liability Limitation
Your use of and reliance through the Service is entirely at your own risk. The Service is provided “As Is” and “As Available”.
To the fullest extent permissible by law, we disclaim all warranties of any kind, whether expressed or implied.
While we take reasonable precautions in our operation of the Service, you agree that we shall not be liable in respect of any Losses however arising and whatever the cause. “Losses” means all losses (including, but not limited to those in respect of injury, damage to physical property or loss of life), liabilities, costs, expenses, fines, penalties, damages and claims, and all related costs and expenses (including legal fees on the scale as between attorney and own client, tracing and collection charges, costs of investigation, interest and penalties)
We will use reasonable endeavors to make the Service available to you, and keep the Service available to you at the appropriate times. However, you agree that we shall not be liable in respect of any Losses caused by or arising from the unavailability of, any interruption in or your access to the Service (either in part or as a whole) for any reason whatever.
You indemnify us from any Losses attributable to your use or miss-use of the Service
3rd Party goods, services and websites
Your use of those 3rd Party goods and/or services which you may link to or access through your use of the Service may be subject to this Policy and/or the terms and conditions applicable to those 3rd Party goods and/or services.Â You agree that it remains your obligation to familiarise yourself with 3rd parties’ terms and conditions and to comply with both them and this Policy.Â In the event there is a conflict between this Policy and 3rd Party’s terms and conditions, this Policy shall prevail to the extent of the conflict for the purposes of your Service use.
Links to and from the service from and to 3rd Party websites do not constitute 3 Way Marketing’s endorsement of these 3rd Party websites or their contents, nor does 3 Way Marketing necessarily associate itself with their owners or operators.Â You are solely responsible for identifying and familiarising yourself with any terms and conditions which will govern your relationship with 3rd Parties operating the 3rd Party websites.
3 Way Marketing has no control over 3rd Party websites and you agree that we are not responsible for any content, information, goods or services available on or through any 3rd Party websites or for any Losses caused or alleged to be caused by or in connection with your use of or reliance on any such content, information, goods or services available on or through any 3rd Party websites. You agree that where you access 3rd Party websites, you do so entirely at your own risk.
Your interaction, correspondence or business dealings with 3rd Parties which are referred to or linked from or to the Service is similarly entirely at your own risk and are solely between you and that 3rd Party including the acquisition, disposal, payment and delivery of any goods or services, and any terms, conditions, warranties or representations associated with such interaction, correspondence or business dealings.
Governing law and jurisdiction
The Service is controlled and maintained from our facilities in the Gauteng province of the Republic of South Africa. You irrevocably agree that the law of the Republic of South Africa shall govern the Service and this Policy.
You consent to the jurisdiction of the South Gauteng High Court, Johannesburg, South Africa in respect of disputes which may arise out of your use of the Service and this Policy.
You also irrevocably and unconditionally consent to the jurisdiction of the Magistrates Court even though the value of a claim which we may have against you may exceed the ordinary monetary jurisdiction of the Magistrates Court.
Documents and notices
We choose the addresses and other contact details specified in our ECT Act Disclosures section, below, for all communication purposes under this Policy, whether in respect of court process, notices or other documents or communications of whatsoever nature.
In this Policy, headings are for convenience and we don’t intend for them to be used to interpret this Policy.
If, in this Policy, we refer to a party who is liquidated or sequestrated (or has been through a comparable process under a different legal system), then this Policy will also be applicable to and binding on that party’s liquidator or trustee, as the case may be.
Unless we indicate to the contrary in this Policy, any references to any gender includes the other genders, a natural person includes an artificial person and vice versa, the singular includes the plural and vice versa.
When we specify any number of days in this Policy, the number of days excludes the first day and includes the last day unless the last day falls on a Saturday, Sunday or gazetted public holiday in the Republic of South Africa, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or gazetted public holiday in the Republic of South Africa. Generally speaking, references to a “day” are references to typical business days.
All annexures, addenda and amendments to this Policy form an integral part of this Policy and, therefore, our contract with you.
The following words and phrases bear the meanings assigned to them below and related expressions bear corresponding meanings â€“
“3rd Party” means a party other than the Client and 3 Way Marketing;
““3 Way Marketing”, “our”, “us” and “we” means or are references to 3 Way Marketing CC, a close corporation incorporated in accordance with the laws of South Africa;
“3 Way Marketing’s Associates” means 3 Way Marketing’s officers, servants, agents or contractors or other persons in respect of whose actions 3 Way Marketing may be held to be vicariously liable;
“Client” means the entity or person who contracts with us for the use of the Services;
“Content” means all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which may be protected by copyright;
“ECT Act” means the Electronic Communications and Transactions Act 25 of 2002 (as amended from time to time as well as any regulations issued in terms of this Act);
“Intellectual Property” means all works, including literary works, pictorial, graphic and sculptural works, architectural works, works of visual art, and any other work that may be the subject matter of copyright protection; advertising, marketing and promotional concepts, ideas, proposals and slogans (whether or not subject to copyright); information; data; formulas; designs; models; drawings; computer programs; including all documentation, related listings, design specifications, and flowcharts; trade secrets; and any inventions, including all processes, machines, and compositions of matter, and any other invention that may be the subject matter of patent protection; and all statutory protection obtained or obtainable thereon;
“Intellectual Property Rights” means rights, whether registered or unregistered, including applications for and rights to obtain or use Intellectual Property;
Â “Losses” means all losses (including, but not limited to those in respect of injury, damage to physical property or loss of life), liabilities, costs, expenses, fines, penalties, damage, damages and claims, and all related costs and expenses (including legal fees on the scale as between attorney and own client, tracing and collection charges, costs of investigation, interest and penalties);
“Party” means either 3 Way Marketing or you as the context may indicate (“Parties” has a corresponding meaning);
“Personal Information” bears the meaning contained in the Promotion of Access to Information Act (No.: 2 of 2000), as amended from time to time;
“Service” means the services provided by 3 Way Marketing through which they market various products to users by means of SMS, email, automated voice messaging and online marketing;
“South African Law” means all and any laws and regulations of the Republic of South Africa, including but not limited to applicable codes of conduct, as may be promulgated or amended from time to time;
“Terms” means the terms and conditions which govern use of the Service, as amended from time to time, and which comprise the following â€“
Â “use” when used in the context of -
a website (whether it be the website affiliated with 3 Way Marketing or a 3rd Party Website), means to visit, load in a web browser, mobile phone or similar software application or device or otherwise engage with a website;
“user” means the end users Â to which the products are marketed by 3 Way Marketing for the purpose of lead generation.