Privacy Policy

 
Please read the following Privacy Policy carefully as it contains important information on Everlytic’s Privacy Policy. The Everlytic products are owned and/or supplied to You by Prefix Technologies (Pty) Ltd (“Prefix”). The Everlytic Privacy Policy includes various consents and permissions provided by You to Prefix in respect of Your Personal Information. You will be subject to the Everlytic Privacy Policy in force at the time that You use the Everlytic Website located at http://www.everlytic.com/ (the “Website”). Should You elect to subscribe, engage in a free trial and/or sign up for the services and/or products supplied by Prefix You will be bound by the Privacy Policy in force at that time. The Everlytic Privacy Policy should not be viewed in isolation and should be read together with Website Legal Notice, other information provided on the Website as well as with any further agreements entered into between You and Prefix. The Everlytic Privacy Policy was last revised on 17 April 2014.

 

 

 
 
 

 

 

PREFIX TECHNOLOGIES (PTY) LTD

 

(PREFIX)

 

 
1. PRIVACY AND PERSONAL INFORMATION
 
1.1 Prefix endeavors to comply with all laws and regulations providing for privacy including, but not limited to, the 1996 South African Constitution. For the purpose of this Privacy Policy, Personal Information will be understood in accordance with the definition thereof in terms of the Promotion of Access to Information Act 2 of 2000. Prefix also subscribes to the principles for electronically collecting personal information outlined in the Protection of Personal Information Act 4 of 2013 (“the Act”) and in the further legislation referred to in the Act. Prefix seeks to ensure the quality, accuracy and confidentiality of Personal Information in its possession.
 
2. INFORMATION COLLECTION AND USE
 
2.1 Prefix and/or its authorised technology agents collect certain Personal Information from You in connection with the Your use of the Website and/or the goods and/services provided to You by Prefix. This information is used to make Your visit to the Website and/or Your use of the goods and/or services more efficient, provide You with the requested goods and/or services; enable efficient use of the Website; process transactions concluded by You; process electronic communications and transactions; to administer a competition, promotion or survey or similar interactive activity; or to provide You with newsletters or other periodic emails and/or promotional materials.
2.1.1 Website Usage: Personal Information is automatically collected in relation to Your visit to the Website, such information includes but is not limited to: Your browser type and version, as well as Your operating system. In addition thereto, the Website does use different types of cookies, such as: cookies which provide web analytics services, flash cookies and other types of cookies. The Everlytic hosting agents and/or service providers may automatically log Your “IP address” which is a unique identifier for Your computer and/or other access device. The information collected is for aggregate purposes only and cannot be used to identify You personally.
2.1.2 Subscription to Newsletter or Other Publications: In the event that You subscribe to the Everlytic newsletter and to receive further information, such as marketing and promotional material, from Prefix, Your Personal Information will be processed by Prefix. This information shall include, but is not limited to, Your email address. Prefix will use Your Personal Information to track whether You have read the material supplied to You by Prefix and/or whether You have clicked on any of the links so provided. All Prefix communications shall contain an unsubscribe link and by following the unsubscribe process You shall be removed from the relevant distribution list and Prefix shall no longer send You the subscription content or contact You.
2.1.3 Free Trial and Account Sign Up for Goods/ Services: Prefix shall retain Your Personal Information submitted for the provision of the Everlytic goods and/or services to You, as requested. This information shall include, but is not limited to, Your: name, email address, telephone number, company name, physical address, VAT Number, and financial details. In addition thereto, for the term of your trial or account with Prefix, You shall also be subscribed to receive relevant Everlytic electronic communications.
 
3. CONSENT TO PROCESS PERSONAL INFORMATION
 
3.1 By providing Prefix with Your Personal Information, You expressly consent to having Your Personal Information processed in accordance with this Privacy Policy, the Website Legal Notice and the Terms and Conditions of Service, as the aforementioned documents so apply to You.
3.2 Your consent pertains to the provision of the Everlytic products, as well as marketing and promotional purposes, as it applies to You. Processing shall include the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation, use; dissemination by means of transmission, distribution or making available in any other form; or merging, linking, as well as blocking, degradation, erasure or destruction of information. This consent is effective immediately and will endure until Your relationship with Prefix has been terminated.
3.3 You expressly consent to Prefix retaining Your Personal Information once your relationship with Prefix has been terminated for: aggregate, statistical and reporting purposes. You further consent to Prefix retaining Your Personal Information once You have terminated Your relationship with Prefix, in order to ensure that Your Personal Information is treated in accordance with Your prior instructions, including but not limited to, ensuring that You remain unsubscribed and the like. In the event that You wish to revoke all consent pertaining to Your Personal Information and You would like Prefix to remove and/or delete Your Personal Information entirely, You must notify Prefix via email to privacy@everlytic.com.
3.4 From time to time, Prefix may appoint certain agents, third parties and/or service providers which operate outside the borders of the Republic of South Africa alternatively the country in which You reside and/or operate from. In these circumstances Prefix will be required to transmit Your Personal Information outside South Africa alternatively outside the country in which You reside and/or operate from. The purpose of the trans-border flow of Your Personal Information may include, but is not limited to: data hosting and storage. You expressly consent to the trans-border flow of Your Personal Information. You warrant in this regard that You have obtained the necessary consents required in terms of the Act, in order to enable the trans-border flow of the aforesaid data. Prefix warrants in this regard that it shall only engage the services of third parties (in relation to the aforesaid trans-border flow of information) which subscribe to internationally recognised standards in this regard and/or to Safe Harbour.
3.5 In the event that Prefix is involved in a merger and/or sale of business, You consent to the transfer to and/or processing of Your Personal Information by the new entity in accordance with the provision of the Everlytic goods and/or services and grant the same rights to the new entity as have been granted to Prefix in accordance with this Privacy Policy.
 
4. DISTRIBUTION LISTS
 
4.1 Prefix shall have no authority to use the Personal Information which You upload onto any of Your Distribution Lists submitted to Prefix, outside of the course of the provision of the relevant Everlytic goods and/or services to You. As such, such information shall solely be accessed and used for the provision of the goods and/or services to You. Prefix shall not sell, or distribute the content of Your Distribution List. Prefix undertakes to keep Your Distribution Lists confidential, accessed by relevant designated Prefix personnel and agents only. Prefix reserves the right, without obligation, to monitor the contents of Your communications for violations of the agreement between You and Prefix.
 
5. HANDLING OF YOUR PERSONAL INFORMATION
 
5.1 You have the right to correct Your Personal Information as well as to revoke Your consent to the processing of Your Personal Information by Prefix. You do however understand that Prefix requires Your Personal Information to render the Everlytic goods and/or services and should You decide to revoke Your consent Prefix may not be able to provide You with such goods and/or services.
5.2 Prefix will take all reasonable measures in order to ensure Your Personal Information is appropriately safeguarded, these precautions include, but are not limited to: the use of a sufficiently secure server and providing suitably secure payment mechanisms.
5.3 Prefix will not sell, exchange or transfer Your Personal Information to any third party not required in the provision of the Everlytic goods and/or services unless You have consented thereto.
5.4 Prefix, to the extent that it qualifies as an operator (as defined in the Act), shall ensure that it complies with all obligations prescribed by the Act is respect of operators.
 
6. DISCLOSURE OF PERSONAL INFORMATION
 
6.1 Records relating to the provision of the Everlytic goods and/or services by Prefix to You and the Personal Information submitted by You may be required to be retained in terms of legislated records retention requirements, Prefix’s operational purposes and/or for production as evidence by Prefix in legal proceedings.
6.2 Prefix may disclose Your Personal Information under the following circumstances:
6.2.1 to comply with the law or with legal process;
6.2.2 to protect and defend Prefix’s rights, equipment, facilities, and other property;
6.2.3 to protect Everlytic against misuse or unauthorised use of the Website and/or goods and/or services; and/ or
6.2.4 to protect other customers or Website Users or third parties affected negatively by Your actions in use of the goods, services and/or the Website.to protect other customers or Website Users or third parties affected negatively by Your actions in use of the goods, services and/or the Website.
 
7. PRIVACY POLICY QUERIES
 
EVERLYTIC PRIVACY DEPARTMENT
ADDRESS: P.O. BOX 1653, PARKLANDS, 2121, SOUTH AFRICA
EMAIL: PRIVACY@EVERLYTIC.COM
TEL: +27 (0)11 447 6147
 
8. DEFINITIONS
 
Unless otherwise expressly stated, or the context otherwise requires, the words and expressions listed below shall, when used in this Privacy Policy, including this definitions clause, bear the meanings ascribed to them:
8.1 Account” means the account acquired by the Client as more fully detailed in terms of the Terms and Conditions of Service;
8.2 Client/You/Your” means the person or legal entity who shall utilise the software and services provided by Prefix;
8.3 Distribution Lists” means the lists of e-mail recipients compiled by the Client in relation to each instance of the Client’s use of the services rendered by Prefix to it;
8.4 Free Introductory Offer/Free Trial” means the free introductory offer made available by Prefix to the Client, as more fully detailed in the Terms and Conditions of Service;
8.5 Software/Everlytic” means the Everlytic software, which comprises of bulk e-mail and SMS message distribution web-hosted software developed by Prefix and licensed by Prefix to the Client;
8.6 “Terms and Conditions of Service” means the Terms and Conditions of Service and Supply of Software agreement entered into between Prefix with its clients;
8.7 Website” means Prefix’s Everlytic Website located at http://www.everlytic.com.