Terms of Use

for

theSALT Website

Firstwin Media (Pty) Ltd, a company incorporated under the laws of the Republic of South Africa, having its principal place of business at Pinmill Farm, 164 Katherine Street, Block G, 1^st Floor, Sandton 2196, South Africa, with company registration number 2006/034427/07, and trading as theSALT (hereinafter referred to as “the Company”)

1. Introduction

This Agreement sets out the terms and conditions which govern your use of the theSALT Website, and the Personal Information you provide.

If you accept this Agreement, you will be asked to complete a registration process where you will be asked to answer questions about yourself (hereinafter referred to as “your “Profile”).

By clicking “Accept” below, you confirm that you have read, understand and agree to this Agreement.

2. Definitions

“Agreement” means these terms of use.

“theSALT Website” means the website at https://app.thesalt.co.za/

“Campaign” means an organized course of action to promote and sell a product or service.

“Data subject” means the natural or juristic person to whom the Personal Information refers.

“Personal Information” means any information regarding a natural or a juristic person which can be identified directly, or indirectly by reference to any other information, including a personal identification number.

“Personal Information Regulator” means the independent body established in terms of section 39 of the Protection of Personal Information Act, 4 of 2013.

“Responsible Party” means the natural or juristic person with the right to make decisions regarding the purposes and the methods of processing of Personal Information, and the means used, including the security measures for the Personal Information. The Responsible Party in this Agreement is the Company.

3. Duration

This Agreement will commence upon your clicking “Accept” below and will continue until terminated in accordance with its terms.

4. Purpose for Collection of your Personal Information

The Company requires your Personal Information to match your Profile to potential advertisers. Your Personal Information may also be shared with potential advertisers to demonstrate the capability of theSALT system and the information available therein, for brand collaboration.

We make your Profile available to advertisers, whereby your lifestyle and driving habits are assessed by the Company and matched to the advertiser’s marketing Campaign objectives.

If selected, you will be asked to enter into a contract with the Company to provide and drive your car with branded advertising and/or promote the Campaign via posts and discussion on social media.

Your Personal Information will also be used to contact you in relation to selection for a marketing Campaign, or for periodic requests to update your details. 

In terms of the Protection of Personal Information Act, 4 or 2013, a “Responsible Party” (in this case the Company) has a legal duty to process a “Data Subjects” Personal Information (in this case your personal information and related details) in a lawful, legitimate and responsible manner.  Accordingly, the Company requires your express and informed permission to process your Personal Information.

By providing us with your Personal Information in your Profile, you expressly consent to the Company processing your Personal Information for the above purposes (hereinafter referred to as “the Purpose”).

All Personal Information which you provide to the Company will only be used for the Purpose for which it is collected.

5. Your Rights

You may refuse to provide your consent to the Company’s use and processing of your Personal Information.  If you refuse to provide the Company with the required consent, then this registration process will cease, and the Company will be unable to provide you with its services.

You may at any time after providing your consent, withdraw that consent by requesting to delete your Profile (accessed via The SALT Website).  If you delete your Profile, then your information will be deleted from theSALT database.

You have the right at any time to ask the Company to provide you with:

1. The details of any of your Personal Information which the Company holds on your behalf; and
2. The details as to what the Company has done with that Personal Information.

You may cancel your registration process at any time prior to the completion of the registration process.

6. Your Obligations

The Protection of Personal Information Act, 4 of 2013, requires that all your Personal Information and related details supplied are complete, accurate and up to date.  While the Company will always use its best endeavours to ensure that the Data Subject’s Personal Information is reliable, it is your responsibility to advise the Company of any changes to your Personal Information, as and when these may occur.

Your Profile is for your personal use only and you undertake not to, under any circumstances, either share your theSALT Website login details with any third party or permit any third party to gain access to your Profile.     

You undertake to maintain the security and confidentiality of your login details to theSALT Website, and if the security or confidentiality of your login details are compromised or you believe that a third party has gained unauthorised access to your Profile, you will notify the Company in writing and change your password immediately.

7. Storage, Retention and Destruction of Information

All Personal Information which you provide to the Company will be held and/or stored securely for the Purpose.  

The Personal Information in your Profile will be stored electronically in theSALT database, where it will remain until such time as you request it to be deleted, or until such time as the Company decides to cancel this Agreement and remove your Profile from theSALT database.

The Personal Information in your Profile may also be retained in soft or hard copy reports pertaining to the Purpose.  In either event, storage will be secure and audited regularly regarding the safety and the security of the information.

The Personal Information in your Profile shall be stored electronically in South Africa.  However, in the event it is stored or transferred electronically outside the borders of South Africa, this will only be done in such countries that have similar privacy laws to South Africa or where such facilities are bound contractually to regulations that are at least equivalent to those imposed by the POPI Act, 4 of 2013.

8. Termination

The Company shall, in its sole discretion, be entitled to terminate this Agreement at any time and with immediate effect without prior written notice to you.

Upon the termination of this Agreement by the Company, your Profile and all content, data and information residing in and/or pertaining to any activity linked to your Profile will be deleted by the Company, except to the extent that the Company is required or permitted to retain such content, data and information in accordance with any applicable laws.

9. Right to Object, and Complaints

In terms of S11 (3) of the POPI Act, 4 of 2013, you have the right to object in the prescribed manner to the Company       regarding the processing your Personal Information.  On receipt of your objection the Company will place a hold on any further processing until the cause of the objection has been resolved.         

You have the right to address any complaints about the use or processing of the Personal Information in your Profile to the Personal Information Regulator.

10. Disclaimer

Whilst the Company uses all reasonable endeavours to ensure that the content on theSALT Website is accurate and lawful, such content may contain inaccuracies or errors or be unlawful.  The Company accepts no responsibility or liability for any inaccurate, unlawful or erroneous content on theSALT Website.

11. Liability

The Company is not liable to you for any losses or damages which you may suffer, including but not limited to claims for data loss or security breach of your Personal Information, violation of laws, or failure to comply with its obligations under this Agreement,  unless those claims are directly due to fraud, dishonesty or gross negligence of the Company, or its employees acting in the course and scope of their employment. The company is under no circumstances responsible for any indirect, special or consequential losses or damages.

12. General

Warranty of Authority: You warrant to the Company that you have the power, authority and legal right to sign and perform this Agreement.

Applicable Law and Jurisdiction: This Agreement shall be governed by and interpreted in accordance with South African law. You hereby consent to the exclusive jurisdiction of any court in Gauteng in respect of any proceedings which may be instituted.

Whole Agreement: This Agreement constitutes the whole agreement between the Company and you with respect to your use of theSALT Website. No agreement, representations or warranties, other than those set out in this Agreement will binding on the parties.

Changes to this Agreement: The Company may, from time to time, change this Agreement.  Such changes will be effected by way of a notice on theSALT Website, and you may also be sent an email, where appropriate under the circumstances.   If you object to any of the changes to this Agreement, you may request the Company to delete your Profile from theSALT Website.

Assignment: This Agreement is personal to you and shall not be assigned or otherwise transferred in whole or in part by you.  Notwithstanding, the Company will be entitled to assign this Agreement to a third party without notice to you.

No Waiver: The Company shall not be regarded as having waived or be precluded in any way from exercising any right under or arising from this Agreement by reason of having at any time granted an extension of time, or having shown any indulgence, or having failed to enforce or delayed the enforcement of any right of action against you.

No Employment or Agency:  Nothing in this Agreement shall be read to construe any relationship of employment or agency between the Company and you, for any purpose whatsoever.   No guarantee is made by the Company that you will be selected for a Campaign.

Severability: Each clause is this Agreement is severable the one from the other, and if any clause is found to be illegal or invalid, the remaining clauses shall remain in full force and effect.

Survival: Clauses 10, 11 and 12 of this Agreement will survive the termination of this Agreement.

Notices: You choose the physical address and e-mail address given to the Company in connection with your Profile as your domicilium citandi et executandi at which all notices, legal processes and other communications must be delivered for the purposes of this Agreement.

All notices, legal processes and other communications must be delivered to the Company for the purposes of this Agreement by hand or e-mail to the following address:

 E-mail: mysupport@thesalt.co.za

Any notice to a party delivered by hand to a responsible person during ordinary business hours at its chosen physical address or transmitted during ordinary office hours by email to its chosen e-mail address, unless the contrary is proved, shall be deemed to have been received on the day of delivery or transmission, whichever applies.

13. Declaration and Informed Consent

I declare that my Profile (including all Personal Information) to be supplied to the Company for the Purpose is accurate, up-to-date, not misleading, and complete in all respects.           

I undertake to advise the Company in a timely manner of changes to my Profile (including all Personal Information), should any of these details change.  

I give the Company permission to use and process my Profile (including all Personal Information) for the Purpose, as set out in these Terms of Use, and acknowledge that I understand the purpose for which it is required and for which it will be used.