Terms — Mariette Snyman

Website Terms and Conditions - kindly scroll down for the PAIA manual and Privacy policy.

By using the website, you agree to be bound by these Website Terms and Conditions. All terms and conditions are material. Please review them carefully before proceeding. The Website Terms and Conditions apply to the website and all services offered on or through the website.

COPYRIGHT NOTICE

1. Definitions

1.1 “Personal information” has the meaning assigned to it in POPIA, and “information” has a similar meaning unless the context requires otherwise, and includes any information that identifies or relates specifically to you such as your name and surname, contact details and information you supply when you purchase a product or service through our website.

1.2 “POPIA” means the Protection of Personal Information Act (Act 4 of 2013) (“POPIA”).

1.3 “Website” means the internet website with the address www.mariettesnyman.co.za.

1.4 “You” / “your” means the user of the website and the services offered by Mariette Snyman on or through the website.

2. Purpose of the Website

The main purpose of the educational website is to provide information about mental health, relationships, parenting, personal development, and similar matters.

3. Conditions of Access and Use

3.1 To avoid any confusion, you agree that the Website Terms and Conditions apply to your use of the website and any information accessed via the website.

3.2 Materials on the website are for personal use only. Any copying or redistribution for commercial purposes or for compensation of any kind requires prior written permission from Mariette Snyman.

3.3 By using the website, you guarantee that you will not and you will not allow third parties on your behalf to

3.3.1 make and distribute copies of the website;

3.3.2 attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the website; or

3.3.3 create derivative works of the website of any kind whatsoever.

3.4 You acknowledge that the terms of the agreement with your Internet provider will continue to apply when using the website. As a result, you may be charged by the Internet provider for access to network connection services for the duration of the connection while accessing the website or any such third-party charges as may arise. You accept responsibility for any such charges that arise.

3.5 If you are not the payer of the device being used to access the website, you will be assumed to have received permission from the payer for accessing and using the website.

4. Data Protection

4.1 The website may contain confidential information, which is the property of Mariette Snyman and/or its data subjects and/or its business partners. Unauthorised disclosure and/or use of this information may incur civil or criminal liability.

4.2 Any of your personal information which you supply to Mariette Snyman when using the website will be used by Mariette Snyman in accordance with the website’s Privacy Policy and subject to legislation.

4.3 You guarantee that all information provided by you on or via the website is true, accurate, current and correct and you undertake to update the information as and when required.

4.4 All information that you provide to Mariette Snyman may be stored electronically and with third-party service providers of Mariette Snyman as indicated in the Privacy Policy. These electronic records shall be proof of the information unless you can prove otherwise.

4.5 Mariette Snyman takes all reasonable steps to protect your personal information and maintain confidentiality. However, Mariette Snyman cannot guarantee the security or integrity of any information you transmit to the website online and you agree that you do so at your own risk.

5. Intellectual Property

5.1 All trademarks, copyright, database and other intellectual property rights of any nature in the website together with the underlying software code as well as any content made available on the website (e.g., text, graphics, logos, products, images, etc.) are owned either directly by Mariette Snyman or by Mariette Snyman’s licensors unless expressly stated otherwise.

5.2 You do not obtain any trademark, copyright, database or any other intellectual property right of any nature or licence by using the website.

5.3 You are not granted any license or right to use any trademark without Mariette Snyman’s prior written permission and/or that of any relevant third party.

6. Breach

If you breach the Website Terms and Conditions, Mariette Snyman shall have the right to claim damages of whatsoever nature from you, including special, incidental, consequential or indirect damages. In addition, Mariette Snyman shall have the right to claim loss of profits and loss of business and to recover all legal costs on a scale as between attorney and own client from you.

7. Disclaimers and Limitation of Liability

7.1 Mariette Snyman tries to ensure that sophisticated technology protects the information on the website. However, Mariette Snyman cannot be held responsible for any consequences that may result from the unlawful breach of copyright or unlawful dissemination of information by third parties copying information off the website. If you suspect a breach or where a breach may have taken place and this comes to your knowledge, please contact Mariette Snyman (mariettesny@mweb.co.za) as soon as possible so that the problem can be addressed.

7.2 The website and all information, content, tools and materials are provided by Mariette Snyman "as is" and on an "as available" basis without warranty of any kind.

7.3 Mariette Snyman does not guarantee the operation of the website or the information content, tools or materials on the website.

7.4 While Mariette Snyman makes every effort to ensure that the content and information on the website is complete, accurate and up-to-date, she makes no guarantee about the suitability of the products and services and provide no representation or warranty, express or implied, regarding the accuracy, correctness and completeness of information contained on the website.

7.5 Mariette Snyman does not guarantee that the website and/or information, content, tools or materials included on the website, or any electronic communications sent by it are free from viruses or other harmful components.

7.6 The views and opinions expressed on this website, links or attachments hereto do not necessarily reflect the views and/or opinions of Mariette Snyman.

7.7 Although Mariette Snyman is fully committed to providing you with the best possible service, she shall not be responsible for:

7.7.1 any interrupted, delayed or failed transmission, storage or delivery of information due to a power failure, equipment or software malfunction, natural disasters, fire, labour unrest, epidemics, pandemics, or any other cause beyond her reasonable control, or

7.7.2 any inaccurate, incomplete or inadequate information supplied by you and/or obtainable from the website.

7.8 You agree to use the website at your own risk.

7.9 Mariette Snyman, her service providers and website contributors shall not be liable to you or any other person or entity for, and you agree to indemnify them against, any claim or damages of any kind, including for direct, indirect, special, incidental, punitive and/or consequential damages as well as loss of profit or the like whether or not in the contemplation of the parties, whether based on breach of contract, delict (including negligence), or otherwise, arising from any of the events described in this clause 7, including but not limited to -

7.9.1 your use of the website or any information, content, tools or materials included on or otherwise made available to you through the website;

7.9.2 any damage or alteration to your equipment, such as computer equipment, handheld devices or mobile telephones;

7.9.3 any decision taken or acted upon as a result of reliance on the information or philosophies contained or expressed on the website;

7.8.4 your actions or omissions that result in a breach of the Website Terms and Conditions; and/or

7.9.5 accessing any links to other websites from this website. You also acknowledge that Mariette Snyman cannot control the content of or the products and services offered on those websites.

8. Jurisdiction

The laws of the Republic of South Africa shall govern these Website Terms and Conditions.

9. Amendments to the Website Terms and Conditions

Mariette Snyman may in her sole discretion amend the Website Terms and Conditions from time to time without prior notice. The latest Terms and Conditions available on the website shall at all times take precedence over any other version of these Terms. It is your responsibility to make sure you are satisfied with any changes before continuing to use the website.

10. Further Information

If you have questions about these Website Terms and Conditions, please contact mariettesny@mweb.co.za.

PAIA MANUAL AND PRIVACY POLICY

PAIA MANUAL

1. Introduction to the website

www.mariettesnyman.co.za is an educational website which provides information on mental health, relationships, parenting, personal development, and similar matters.

2. Contact Details of Mariette Snyman

Information Officer: Mariette Snyman

Physical Address: Only online services provided through the educational website

Postal Address: PO Box 1474, Southern Paarl, 7624

Telephone Number: +27 (0)82 599 0176

E-mail address: mariettesny@mweb.co.za

Website address: https://www.mariettesnyman.co.za

3. Guide of the SA Human Rights Commission / Information Regulator

The South African Human Rights Commission (“SAHRC”) / Information Regulator compiled a Guide, in terms of Section 10 of the Promotion of Access to Information Act 2 of 2000 (“PAIA”), to assist persons wishing to exercise their rights in terms of this Act. This Guide contains, amongst others, the following information:

· The purpose of PAIA;

· The manner, form and costs of a request for access to information held by a body;

· Legal remedies when access to information is denied;

· When access to information may be denied; and

· The contact details of Information Officers in the national, provincial and local government.

The Guide is available in all the official languages on the website of the SAHRC at https://www.sahrc.org.za/home/21/files/Section%2010%20guide%202014.pdf or can be obtained from the Information Regulator at:

Physical address: JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001

Postal address: PO Box 31533, Braamfontein, Johannesburg, 2017

Telephone: +27 (0) 10 023 5207 / +27 (0) 82 746 4173

E-mail address: inforeg@justice.gov.za

Website: https://www.justice.gov.za/inforeg/

The publication of the Guide will become the responsibility of the Information Regulator with effect from 30 June 2021.

4. Records Held by Mariette Snyman

mariettesny@mweb.co.za holds the following categories of records:

(a) Agreements:

Agreements and related documentation with contractors, suppliers and vendors.

(b) Public and private body records:

Official documents published.

5. Information Available in terms of Legislation

· Protection of Personal Information Act 4 of 2013.

6. Records Automatically Available

No notice has been submitted by the business to the Minister of Justice and Correctional Services regarding the categories of records, which are available without a person having to request access in terms of Section 52(2) of PAIA. However, the information on this website is automatically available. Access and usage of the information on the website are subject to the Website Terms and Conditions as well as the Privacy Policy.

7. Purpose of Processing Personal Information

www.mariettesnyman.co.za processes personal information of data subjects for the following purposes:

· to conduct and manage the business in accordance with the law;

· for communication purposes;

· for the maintenance of our records;

· for marketing purposes;

· for reporting to persons and bodies, as required and authorised in terms of the law or by the data subject;

· for procurement purposes;

· for historical, statistical and research purposes;

· for enforcement of the business’ rights; and/or

· for any other lawful purpose related to the activities of the business.

8. Data Subjects, Their Personal Information and Potential Recipients of Information

The business holds the personal information in respect of the categories of data subjects specified below as may be relevant in the circumstances. The potential recipients of this information are also specified. Information and records are only disclosed to recipients as may be necessary in the circumstances and authorised in terms of the law or otherwise with the consent of the relevant data subjects.

(a) Clients

Categories of personal information:

Names and surnames; titles; organisation names and details; registration numbers; addresses and contact details; contact details of contact persons; website addresses; proposals; agreements; and correspondence.

Potential Recipients:

Clients.

(b) Public and Private Bodies and Other Persons

Categories of personal information:

Names; contact details; office bearers’ details; and information published in the public domain.

Potential Recipients:

Clients.

9. Security Measures to Protect Personal Information

Mariette Snyman is committed to ensuring the security of the personal information in her possession or under her control in order to protect it from unauthorised processing and access as well as loss, damage or unauthorised destruction. The information protection measures are continually reviewed and updated to ensure the security, integrity and confidentiality of this information in accordance with industry best practices. The measures adopted to ensure the security of personal information, includes technical and organisational measures to prevent unauthorised access, loss or use of personal information.

10. Procedure to Obtain Access to Records or Information

The fact that information and records are held by the business as listed in this Manual should not be construed as conferring upon any requester any right to that information or record. PAIA grants a requester access to records of a private body, if the record is required for the exercise or protection of any right. If a public body lodges a request, the public body must be acting in the public interest. Access to records and information is not automatic. Any person, who would like to request access to any of the above records or information, is required to complete a request form, which is available from the Information Officer of the website and the Information Regulator at the contact details stipulated above.

The requester must provide sufficient detail on the request form to enable the Information Officer to identify the record and the requester. The requester must identify the right he/she is seeking to exercise or protect and explain why the record requested is required for the exercise or protection of that right. If a request is made on behalf of another person, the requester must submit proof of the capacity in which the request is made to the satisfaction of the Information Officer. Access to the requested records or information or parts of the records or information may be refused in terms of the law. Requesters will be advised of the outcome of their requests.

11. Fees Payable to Obtain the Requested Records or Information

Fees may be charged for requesting and accessing information and records held by Mariette Snyman. These fees are prescribed in terms of PAIA. Details of the fees payable may be obtained from the Information Officer. The fees are also available from the Information Regulator.

12. Availability of this Manual

A copy of this Manual is available on the website. A copy of the Manual may also be requested from the Information Officer against payment of a fee as may be advised.

PRIVACY POLICY

Please read this Privacy Policy carefully to understand how your personal information will be handled by www.mariettesnyman.co.za. Every term of this Policy is material.

1. About www.mariettesnyman.co.za

www.mariettesnyman.co.za is an educational website which provides information on mental health, relationships, parenting, personal development, and similar matters.

Contact details:

Postal Address: PO Box 1474, Southern Paarl, 7624

Telephone Number: +(27) 82 599 0176

Email address: mariettesny@mweb.co.za

Website address: www.mariettesnyman.co.za

2. Information Officer

Mariette Snyman

Email: mariettesny@mweb.co.za

Telephone: +(27) 82 599 0176

3. Definition of Terms

3.1 “Data subject” refers to the person or entity to whom the personal information relates.

3.2 “Personal information” has the meaning assigned to it in POPIA and refers to information relating to human beings and certain juristic persons. It includes information such as identity number, address, contact details, company details and confidential correspondence.

3.3 “Processing” has the meaning assigned to it in POPIA and refers to any operation or activity concerning personal information, such as the collection, receipt, recording, storage, updating, alteration, use, distribution, erasure or destruction of the information.

3.4 “POPIA” means the Protection of Personal Information Act (Act 4 of 2013) and its 1.1 Regulations.

3.5 “We” / “us” refers to the website of Mariette Snyman.

3.6 “You” / “your” refers to the data subject (i.e., the person or entity) whose personal information is processed by Mariette Snyman.

4. Application of the Privacy Policy

This Privacy Policy applies to personal information that we have in our possession or under our control and personal information that we collect or receive from or about you. It stipulates, amongst others, how we collect the information, the type of information collected, why that information is collected, the circumstances under which that information will be shared with others, the security measures that we have implemented to protect the information and how you may obtain access to and correct your information.

5. Our Commitment

Your privacy and the security of your information are important to us and we want to make sure you understand how your information will be processed. We are committed to conducting our business in accordance with the law. We will, therefore, only process, which includes collect, use, store or disclose, your personal information in accordance with the law or otherwise with your consent and will always strive to keep your information confidential. We have implemented a number of processes to make sure that your personal information is used in the right way. We only collect personal information that is necessary and use it for the purposes specified in this Privacy Policy, unless you are advised otherwise. We do not keep personal information longer than needed for lawful purposes. We only share your personal information as specified in this Privacy Policy and permitted in terms of the law or otherwise as agreed with you.

6. When You Provide Information about Another Individual / Entity

You must make sure that if you provide personal information about any individual or entity to us, you may lawfully do so (e.g., with their consent). We will accept that you are acting lawfully. You should make sure that they are familiar with this Privacy Policy and understand how we will use and disclose their information.

7. Collection of Your Personal Information

We collect personal information directly from you when you visit our website, send an email through to our website, or when you provide information to us. Information may also be collected from other sources, depending on the circumstances, when it is, for example, not possible to obtain the information directly from you. The information may be collected from your website or when you make information publicly available.

8. Processing of Your Personal Information

POPIA permits the processing of certain personal information for contractual purposes. We generally process the personal information listed below, if applicable in the circumstances, and retain it as part of our records:

· Names (entities / individuals), registration numbers, contact details, addresses, names and contact details of contact persons, IP addresses.

· Information relevant to the rendering of the services and the performance of agreements.

· Agreements and related information;

· Official documentation, including newsletters and statements;

· Correspondence.

Other personal information may be collected and processed, if it is required in the circumstances.

9. Purposes of Processing of Your Personal Information

We generally process your personal information for the following purposes:

· to conduct and manage our business in accordance with the law;

· for communication purposes;

· for the maintenance of our records;

· for marketing purposes, if you have provided consent;

· for reporting to persons and bodies, as required and authorised in terms of the law or by you;

· for procurement purposes;

· for historical, statistical and research purposes;

· for enforcement of the business’ rights; and/or

· for any other lawful purpose related to the activities of our business.

10. Consent

If you consent to the processing of your personal information, you may withdraw your consent at any time. This does not affect the processing of personal information that has already occurred. If you withdraw your consent, your personal information will only be processed as provided for in the law.

11. Objection to Processing

When we process your personal information to protect your legitimate interests or based on the legitimate interests of the business or those of a third party to whom we supply the information, you may object to our processing, if it is reasonable to do so. This must occur on the form prescribed by POPIA, available from the Information Officer. This does not affect your personal information that we have already processed. If you object and we agree with your objection, your personal information will only be processed as provided for in the law.

12. Disclosure of Your Personal Information

We will share only relevant personal information about you with the persons and entities specified below, if it is necessary and lawful in the circumstances:

· Law enforcement structures, including courts and tribunals; and

· Regulatory and other public or private bodies, persons or entities, as may be required or permitted in terms of the law, including to comply with any legal obligation or to protect the rights, property or safety of our business, the public or others.

13. Record-Keeping

We maintain records of your personal information for as long as it is necessary for lawful purposes related to the conducting of our business, including to perform and enforce agreements, comply with legal obligations, attend to litigation (if instituted against the business) and for historical, statistical and research purposes subject to the provisions of the law.

14. Security of Your Personal Information

We are committed to ensuring the security of your personal information in order to protect it from unauthorised processing and access as well as loss, damage or unauthorised destruction. We have implemented and continually review and update our information protection measures to ensure the security, integrity, and confidentiality of your information. We will inform you and the Information Regulator, if any person has unlawfully obtained access to your personal information, subject to the provisions of the law.

15. Right to Access your Personal Information

You have the right to request access to your personal information in our possession or under our control and information of third parties to whom we supplied that information subject to restrictions imposed in legislation. If you wish to exercise this right, please complete the prescribed form, available from the Information Officer. Costs may be applicable to such request, which can be obtained from the Information Officer. Please consult our PAIA Manual for further information.

16. Accuracy of Your Personal Information

It is important that we always have accurate information about you on record as it could impact on communication with you and the performance of any agreement between us. You must therefore inform us, where applicable, as soon as any of your information has changed. You may also request us to correct or delete any information. Such a request must be made in writing on the prescribed form, available from the Information Officer. You must provide sufficient detail to identify the information and the correction or deletion required. Information will only be corrected or deleted, if we agree that the information is incorrect or should be deleted. It may not be possible to delete all the information if we may lawfully retain it. Please contact the Information Officer to discuss how we can assist you with your request. If we correct any information and the corrected information will impact on any decision made or to be made about you, we will send the corrected information to persons to whom the information has been disclosed in the past if they should be aware of the changed information.

17. Changes to this Privacy Policy

We reserve the right in our sole and absolute discretion, to revise or supplement this Privacy Policy from time to time to reflect, amongst others, any changes in our business or the law. We will publish the updated Privacy Policy on our website. Any revised version of the Policy will be effective as of the date of posting on the website, so you should always refer back to the website for the latest version of the Policy. It is your responsibility to make sure you are satisfied with any changes before continuing to use our services. If you have any questions concerning this Policy, please contact our Information Officer.

18. Concerns and Complaints about the Processing of Your Personal Information

All enquiries, requests or concerns regarding this Policy or relating to the processing of your personal information by the business should be addressed to the Information Officer. You may also lodge a complaint with the Information Regulator at complaints.IR@justice.gov.za. We would appreciate the opportunity to respond to your concerns before you approach the Regulator.

19. Laws Applicable to this Privacy Policy

This Privacy Policy is governed by the laws of the Republic of South Africa.