2.1 For the purposes of this section, Personal Information will be understood in accordance with the definition provided in the Protection of Personal Information Act 4 of 2013 (“the Act”) and in accordance with the definition of Personal Data in Article 4(1) of the General Data Protection Regulation GDPR (EU) 2016/679. Wamly also subscribes to the principles for electronically collecting personal information outlined in the Act, and the further legislation referred to therein. We endeavour to ensure the quality, accuracy and confidentiality of Personal Information in our possession.
2.3 Companies (as defined in the Terms of Service) will be prompted to register an account with Wamly. In so doing, Companies may be asked to provide the following information (Personal Information):
2.3.1 First name;
2.3.4 Physical address;
2.3.5 Phone number;
2.3.6 Bank account details;
2.3.7 Company / CC / business name;
2.3.8 VAT Number, Postal Address; and
2.3.9 Company/CC/business registration number.
2.7 All payment information will be captured through the Website. Further, Wamly shall retain payment information on behalf of its users.
2.8 We will not collect, use or disclose sensitive information (such as information about racial or ethnic origins or political or religious beliefs, where relevant) except with your specific consent or in the circumstances permitted by law.
2.9.1 The provision and performance of the services;
2.9.2 Informing you of changes made to our website;
2.9.3 The provision of marketing related services to you by Wamly should you be a Browser or a User;
2.9.4 Responding to any queries or requests you may have;
2.9.5 Developing a more direct and substantial relationship with users for the purposes described in this clause;
2.9.6 Developing an online user profile;
2.9.7 Understanding general user trends and patterns so that we can develop and support existing and ongoing marketing strategies;
2.9.8 For security, administrative and legal purposes; and
2.9.9 The creation and development of market data profiles which may provide insight into market norms, practices and trends to help us improve our offering to you. Such information will be compiled and retained in aggregated form, but shall not be used in any way which may comprise the identity of a user.
2.10 Although absolute security cannot be guaranteed on the internet, Wamly has in place up-to-date, reasonable technical and organisational security measures to protect your Personal Information against accidental or intentional manipulation, loss, misuse, destruction or against unauthorised disclosure or access to the information we process online.
2.11 While we cannot ensure or warrant the security of any Personal Information you provide us, we will continue to maintain and improve these security measures over time in line with legal and technological developments.
2.12 We store your Personal Information directly, or alternatively, store your Personal Information on, and transfer your Personal Information to, a central database. If the location of the central database is located in a country that does not have substantially similar laws which provide for the protection of Personal Information, we will take the necessary steps to ensure that your Personal Information is adequately protected in that jurisdiction by means of ensuring that standard data protection clauses are enforced as envisaged by the GDPR.
2.13 Your information will not be stored for longer than is necessary for the purposes described in these Terms or as required by applicable legislation.
2.14 The Personal Information Wamly collects from users shall only be accessed by Wamly employees, representatives and consultants on a need-to-know basis, and subject to reasonable confidentiality obligations binding such persons. We will not share any of your Personal Information with third parties.
2.15 Wamly shall have the right, but shall not be obliged, to monitor or examine any information and materials including any website link that you publish or submit to Wamly for publishing on the Site. You shall be solely responsible for the contents of all material published by yourself.
2.17 We will not sell, share, or rent your Personal Information to any third party or use your e-mail address for unsolicited mail. Any emails sent by Wamly will only be in connection with the provision of our services and/or the marketing thereof.
3. Your Rights
3.1 A user has the right:
3.1.1 of access to their Personal Information stored and processed by us. This may be done by emailing us at the address referred to in clause 8.8 below;
3.1.2 to rectification of Personal Information that we hold on a user’s behalf, in instances where such Personal Information is incorrect or incomplete;
3.1.3 of erasure of Personal Information (“right to be forgotten”) if such information is no longer needed for the original processing purpose, alternatively if a user withdraws their consent and there is no other reason or justification to retain such Personal Information, further alternatively, if a user has objected to such Personal Information being processed and there is no justified reason for the processing of such Personal Information;
3.1.4 to restrict/suspend processing of Personal Information to only that which is strictly necessary for us to perform our services to you;
3.1.6 to withdraw their consent at any time, if processing of Personal Information is based on consent;
3.1.7 to object to processing of Personal Information, if such processing is based on legitimate interests; and
3.1.8 to object to the processing of Personal Information for direct marketing purposes.
4. Information collected through third-party software
4.1 Wamly uses desktop and keylogging software provided by http://www.smartlook.com. This helps Wamly improve its Services by, among other things, collecting screenshots, video recording of the desktop, active and downtime, applications open, and anything typed. When you visit Wamly or use the Services, you consent to the use of such software in monitoring your activity.
5. Log Files
5.1 When you visit Wamly, even if you do not create an account, we may collect information, such as your IP address, the name of your ISP (Internet Service Provider), your browser, the website from which you visit us, the pages on our website that you visit and in what sequence, the date and length of your visit, and other information concerning your computer’s operating system, language settings, and broad demographic information. This information is aggregated and anonymous data and does not identify you specifically. However, you acknowledge that this data may be able to be used to identify you if it is aggregated with other Personal Information that you supply to us. This information is not shared with third parties and is used only within Wamly on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above, without your explicit permission.
6.1.1 “Session cookies”: These are used to maintain a so-called ‘session state’ and only lasts for the duration of your use of the Website. A session cookie expires when you close your browser, or if you have not visited the server for a certain period of time. Session cookies are required for the Platform to function optimally, but are not used in any way to identify you personally.
6.1.2 “Permanent cookies”: These cookies permanently store a unique code on your computer or smart device hard drive in order to identify you as an individual user. No Personal Information is stored in permanent cookies. You can view permanent cookies by looking in the cookies directory of your browser installation. These permanent cookies are not required for the Wamly website to work, but may enhance your browsing experience.
7. Links from Wamly
7.1 Wamly, and the services available through the Website, may contain links to other third party websites, including (without limitation) social media platforms, payment gateways, appointment scheduling and/or live chat platforms (“Third Party Websites”). If you select a link to any Third Party Website, you may be subject to such Third Party Website’s terms and conditions and/or other policies, which are not under the control, nor responsibility, of Wamly.
7.2 Hyperlinks to Third Party Websites are provided “as is”, and Wamly does not necessarily agree with, edit or sponsor the content on Third Party Websites.
7.3 Wamly does not monitor or review the content of any Third Party Website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of other websites, either.
7.4 Users should evaluate the security and trustworthiness of any Third Party Website before disclosing any personal information to them. Wamly does not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
8. Application Of The Electronic Communications And Transactions Act 25 Of 2002 (“Ect Act”)
8.1 Data Messages (as defined in the ECT Act) will be deemed to have been received by Wamly if and when Wamly responds to the Data Messages.
8.2 Data Messages sent by Wamly to a user will be deemed to have been received by such user in terms of the provisions specified in section 23(b) of the ECT Act.
8.3 Users acknowledge that electronic signatures, encryption and/or authentication are not required for valid electronic communications between users and Wamly.
8.4 Information to be provided in terms of section 43(1) of the ECT Act:
8.4.1 Users warrant that Data Messages sent to Wamly from any electronic device, used by such user, from time to time or owned by such user, were sent and or authorised by such user, personally.
8.4.2 This Website is owned and operated by Wamly (Pty) Ltd, (Registration Number: 2019/233155/07) a private company owned and operated in accordance with the laws of the Republic of South Africa.
8.5 Address for service of legal documents: 356 Rivonia Boulevard, Edenburg, Sandton, Gauteng, South Africa, 2128.
8.6 Contact Number: +27(0) 10 447 8860.
8.7 Wamly – located at www.wamly.io.
8.8 Email address: email@example.com.