Privacy notice
1. Introduction
| 1.1 | This Privacy Policy should be read in conjunction with the ART OF SCALE Master Terms of Use. |
| 1.2 | ART OF SCALE respect Users’ privacy and will take reasonable measures to protect it, as more fully detailed below. |
| 1.3 | ART OF SCALE may require the User to provide ART OF SCALE with personal information which includes but is not limited to company names and registration numbers, name and surname, email address, physical address, gender, mobile number and date of birth. |
| 1.4 | Should the User’s personal information change, please inform ART OF SCALE and provide ART OF SCALE with the updates within 7 days to enable ART OF SCALE to update the User’s personal information. |
| 1.5 | Users may choose to provide additional personal information to ART OF SCALE, in which event Users agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent the User’s affiliation with anyone or anything. |
| 1.6 | ART OF SCALE ask each of its Users to abide by all applicable laws, rules and regulations, as ART OF SCALE promise its Users that ART OF SCALE will do it ourselves. |
| 1.7 | The “Products” and “Services” are the Platform and related services, as defined in the ART OF SCALE Master Terms and Conditions. |
2. User’s consent
By using ART OF SCALE and its Platform, the Users consent to the transfer of the User’s personal data. Subject to the below, ART OF SCALE will not, without the User’s express consent, use the User’s personal information for any purpose other than as set out below:
| 2.1 | ART OF SCALE use that information for several purposes: to register the Users for inclusion in our Service; to fulfil the User’s request; to contact Users if ART OF SCALE need to obtain or provide additional information; to verify the accuracy of our records, or to contact Users regarding customer satisfaction surveys; |
| 2.2 | in relation to the ordering, sale and delivery of Products and Services; |
| 2.3 | to contact Users regarding current or new Products or Services or any other Products offered by ART OF SCALE (unless Users have opted out from receiving marketing material from ART OF SCALE); |
| 2.4 | to inform Users of new features, special offers and promotional competitions offered by ART OF SCALE (unless Users have opted out from receiving marketing material from ART OF SCALE); |
| 2.5 | to improve our Products, Services and Users selection and the User’s experience on our Platform by, for example, monitoring the User’s browsing habits, or tracking the User’s activities on the Platform; |
| 2.6 | collect certain technical information, such as the browser version and operating system; |
| 2.7 | disclose the User’s personal information to any third party other than as set out below: |
| 2.7.1 | to our employees and/or third party Service providers who assist ART OF SCALE to interact with Users via our Platform, or any other method, for the ordering of Products or Services and thus need to know the User’s personal information in order to assist ART OF SCALE to communicate with Users properly and efficiently; |
| 2.7.2 | to our Users (including their employees and/or third party Service providers) in order for them to interact directly with Users via email or any other method for purposes of delivering additional services and/or products, sending Users marketing material regarding any current or new Products or Services, new features, special offers or promotional items offered by them (unless Users have opted out from receiving marketing material from ART OF SCALE); |
| 2.7.3 | to law enforcement, government officials, fraud detection agencies or other third parties when ART OF SCALE believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of the Privacy Policy; |
| 2.7.4 | to our Service providers (under contract with ART OF SCALE) who help with parts of our business operations (fraud prevention, marketing, technology services etc). However, our contracts dictate that these Service providers may only use the User’s information in connection with the Services they perform for ART OF SCALE and not for their own benefit; |
| 2.7.5 | to our suppliers in order for them to liaise directly with Users in the event of Users submitting a warranty claim regarding any Products or Services Users have purchased which requires their involvement. |
| 2.8 | From time to time ART OF SCALE may also administer random “interactive pop-up” surveys to some Users on their sites. These surveys request additional demographic, non-personally identifiable information. The Users’ participation in a survey is always voluntary, and Users, therefore, have a choice as to whether or not to provide the requested survey information. ART OF SCALE use the information collected in the survey, in conjunction with information gathered through cookies and code, in order to provide Users with an even more detailed understanding of its target market. |
| 2.9 | Some voluntarily provided personally identifiable information may be captured; for example, when an email address or telephone number is incorporated into a survey for the potential awarding of a prize draw, or when the respondent has opted-in to possible follow up research. This information may be shared with entities or other Users who in turn have agreed to adhere to this Privacy Policy. |
| 2.10 | ART OF SCALE are entitled to use or disclose the User’s personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of a court or legal process served on ART OF SCALE, or to protect and defend our rights or property. |
| 2.11 | ART OF SCALE will ensure that all of our employees, third party Service providers, divisions and partners (including their employees and third party service providers) having access to the User’s personal information are bound by appropriate and legally binding confidentiality obligations in relation to the User’s personal information. |
3. Personal Information
ART OF SCALE will –
| 3.1 | treat the User’s personal information as strictly confidential, save where ART OF SCALE is entitled to share it as set out in this Policy; |
| 3.2 | take appropriate technical and organisational measures to ensure that the User’s personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access; |
| 3.3 | provide Users with access to the User’s personal information to view and/or update personal details; |
| 3.4 | promptly notify Users if ART OF SCALE become aware of any unauthorised use, disclosure or processing of the User’s personal information; |
| 3.5 | provide Users with reasonable evidence of our compliance with our obligations under this Policy on reasonable notice and request; |
| 3.6 | upon the User’s request, promptly return or destroy any and all of the User’s personal information in our possession or control, save for that which ART OF SCALE are legally obliged to retain; |
| 3.7 | ART OF SCALE will not retain the User’s personal information longer than the period for which it was originally needed, unless ART OF SCALE are required by law to do so, or the Users consent to ART OF SCALE retaining such information for a longer period; |
| 3.8 | ART OF SCALE undertakes never to sell or make the User’s personal information available to any third party other than as provided for in this Policy, unless ART OF SCALE are compelled to do so by law. In particular, in the event of fraudulent online payment, ART OF SCALE is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it; |
| 3.9 | Whilst ART OF SCALE will do all things reasonably necessary to protect the User’s rights of Privacy, ART OF SCALE cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of the User’s personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence; |
| 3.10 | If Users disclose the User’s personal information to a third party, such as an entity that operates the Platform or anyone other than ART OF SCALE, ART OF SCALE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because ART OF SCALE does not regulate or control how that third party uses the User’s personal information. The User should always ensure that it reads the Privacy Policy of any third party; |
| 3.11 | Retention Period. ART OF SCALE will retain the User’s personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or allowed by law; |
| 3.12 | Cross-Border Transfer For Users: The personal information from Users may be stored and processed in any country where ART OF SCALE have facilities or where the Products from its Users originate, and by using the User’s consent to the transfer of information to countries outside of the User’s country of residence, which have different data protection rules than in the User’s country; |
| 3.13 | Children and Privacy. The ART OF SCALE Platform does not offer information intended to attract children. ART OF SCALE do not knowingly solicit personal information from children under the age of 14; |
| 3.14 | Your right to access information. The User and User have the right to request a copy of the personal information we hold about the User and/or User. To do so, simply email ART OF SCALE on our contact details below and send a request to review the personal information or contact us at the numbers/addresses listed below and specify what information is required. ART OF SCALE will take all reasonable steps to confirm the User and/or User’s identity before providing details of its personal information. Please note that any such access request may be subject to payment of a legally allowable fee; |
| 3.15 | Correction of information. The User and/or User has the right to ask ART OF SCALE to update, correct or delete its personal information. The User and/or User may do this by contacting ART OF SCALE at the numbers/addresses provided below. ART OF SCALE will take all reasonable steps to confirm the of the User and/or User’s identity before making changes to personal information we may hold about it; |
| 3.16 |
ART OF SCALE’s POPI contacts. If the User and/or User have questions about this Policy, believe ART OF SCALE has not adhered to it, need further information about our privacy practices, wish to give or withdraw consent, exercise preferences, access or correct personal information, please contact ART OF SCALE at the following numbers/addresses: Name and surname of contact person: Jason Goldberg |
4. Security
| 4.1 | XT-9 use reasonable organisational, technical and administrative measures to protect personal information under its control. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. |
| 4.2 | If Users have reason to believe that the User’s interaction with ART OF SCALE is no longer secure (for example, if Users feel that the security of any account Users might have with ART OF SCALE has been compromised), please immediately notify ART OF SCALE of the problem by contacting ART OF SCALE in accordance with the “Contact Us” section. |
5. Cookies
| 5.1 | XT-9 use reasonable organisational, technical and administrative measures to protect personal information under its control. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. |
| 5.2 | The type of information collected by cookies is not used to personally identify Users. If Users do not want information collected through the use of cookies, there is a simple procedure in most browsers that allow Users to deny or accept the cookie feature. |
| 5.3 | Please note that cookies may be necessary to provide Users with certain features available on our Platform, and thus if Users disable the cookies on the User’s browser Users may not be able to use those features, and the User’s access to our Platform will therefore be limited. If Users do not disable “cookies”, Users are deemed to consent to our use of any personal information collected using those cookies. |
6. Changes to Privacy Policy
| 6.1 | ART OF SCALE may, in its sole discretion, change any of the terms and conditions of this Privacy Policy at any time. It is the User’s responsibility to regularly check the Privacy Policy and make sure that Users are satisfied with the changes. Should a User not be satisfied, Users must not place any further orders on, or in any other way use, the Platform. |
| 6.2 | Any such change will only apply to the User’s use of this Platform after the change is displayed on the Platform. If Users use the Platform after such amended Privacy Policy, Users will be deemed to have accepted such changes. |
7. Electronic Communications
| 7.1 | When Users visit the Platform or send emails to ART OF SCALE, Users consent to receiving communications from ART OF SCALE or any of our Users electronically in accordance with our Privacy Policy. |
8. Disclaimer
| 8.1 | The use of the Platform is entirely at the User’s own risk and Users assume full responsibility for any risk or loss resulting from use of the Platform or reliance on any information on the Platform. |
| 8.2 | Whilst ART OF SCALE takes reasonable measures to ensure that the content of the Platform is accurate and complete, ART OF SCALE makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Platform or as to the accuracy, completeness or reliability of any information on the Platform. If any such representations or warranties are made by ART OF SCALE’s representatives, ART OF SCALE will not be bound thereby. |
| 8.3 | ART OF SCALE disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with the User’s access to or use of the Platform and/or any content therein unless otherwise provided by law. |
| 8.4 | Although Products and Services sold from the Platform by Users may, under certain specifically defined circumstances, be under warranty, the Platform itself and all information provided on the Platform is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law. |
| 8.5 | Any views or statements made or expressed on the Platform are not necessarily the views of ART OF SCALE, its directors, employees and/or agents. |
| 8.6 | In addition to the disclaimers contained elsewhere on the Platform or in this Privacy Policy, ART OF SCALE also makes no warranty or representation, whether express or implied, that the information or files available on the Platform are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of the User’s computer system, computer network, hardware or software in any way. The Users accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or the User’s hardware or software, save where such risks arise due to the gross negligence or willful misconduct of ART OF SCALE, its employees, agents or authorised representatives. ART OF SCALE thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with the User’s access to or use of the Platform. |
9. Limitation of liability
| 9.1 | ART OF SCALE cannot be held liable for any inaccurate information published on the Platform and/or any incorrect prices displayed on the Platform, save where such liability arises from the gross negligence or willful misconduct of ART OF SCALE, its employees, agents or authorised representatives. Users are encouraged to contact ART OF SCALE to report any possible malfunctions or errors by way of email. |
| 9.2 | ART OF SCALE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES THAT MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE PLATFORM OR THE CONTENT CONTAINED IN THE PLATFORM; OR YOUR INABILITY TO USE THE PLATFORM, AND/OR UNLAWFUL ACTIVITY ON THE PLATFORM AND/OR ANY LINKED THIRD PARTY PLATFORM. |
| 9.3 | YOU HEREBY INDEMNIFY ART OF SCALE AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS PLATFORM AND/OR ANY LINKED THIRD PARTY PLATFORM. |
10. Availability and termination
| 10.1 | ART OF SCALE will use reasonable endeavours to maintain the availability of the Platform, except during scheduled maintenance periods, and are entitled to discontinue providing the Platform or any part thereof with or without notice to Users. |
| 10.2 | ART OF SCALE may in its sole discretion suspend and modify this Platform, with or without notice to Users. You agree that ART OF SCALE will not be liable to Users in the event that it chooses to suspend, modify or terminate this Platform other than for processing any orders made by Users prior to such time, to the extent possible. |
| 10.3 | If Users fail to comply with the User’s obligations under this Privacy Policy, including any incident involving payment of the price of an order for any Products or Services from other Users, this may (in our sole discretion with or without notice to Users) lead to a suspension and/or termination of the User’s access to the Platform without any prejudice to any claims for damages or otherwise that ART OF SCALE or the other User may have against Users. |
| 10.4 | ART OF SCALE is entitled, for purposes of preventing suspected fraud and/or where it suspects that Users are abusing the Platform and/or have created multiple User profiles to take advantage, to blacklist Users on its database (including suspending or terminating the User’s access to the Platform), refuse to accept or process payment on any order, and/or to cancel any order concluded between Users and ART OF SCALE, in whole or in part, on notice to Users and accepts no liability which may arise as a result of such blacklisting and/or refusal to process any order for the ART OF SCALE Services or through a User. |
11. Governing law and jurisdiction
| 11.1 | This Privacy Policy and our relationship and/or any dispute arising from or in connection with the Privacy Policy will be governed and interpreted in accordance with the laws of the Republic of South Africa. |
| 11.2 | Your continued use of the Platform will constitute the User’s consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of the Privacy Policy. |
| 11.3 | In the event of any dispute arising between Users and ART OF SCALE, Users hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Gauteng Division, Johannesburg) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court. |
| 11.4 | Nothing in this clause or the Privacy Policy limits the User’s right to approach any court, tribunal or forum of competent jurisdiction in terms of the POPI or CPA. |
12. Notices
| 12.1 | ART OF SCALE hereby selects the address as it reflects on its Platform from time to time, as its address for the Service of all formal notices and legal processes in connection with the Privacy Policy (“legal address”). ART OF SCALE may change this address from time to time by updating the Privacy Policy. |
| 12.2 | You hereby select the physical address specified with the User’s invoice as the User’s legal address, but Users may change it to any other physical address by giving ART OF SCALE not less than 7 days’ notice in writing. |
| 12.3 | Notices must be sent either by hand, prepaid registered post or email. All notices sent – |
| 12.3.1 | by hand will be deemed to have been received on the date of delivery; |
| 12.3.2 | by prepaid registered post, will be deemed to have been received 10 days after the date of posting; |
| 12.3.3 | by email before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the email. Emails sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day. |
13. General
| 13.1 | Any failure on the part of Users or ART OF SCALE to enforce any right in terms hereof will not constitute a waiver of that right. |
| 13.2 | If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect. |
| 13.3 | No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) will constitute a waiver by the grantor of any of the grantor’s rights and the grantor will not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future. |
| 13.4 | No other warranty or undertaking is valid, unless contained in this document between the parties. |