1.1 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”). Trademarker (Pty) Ltd (“TradeMarker”) 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.
1.2 Please note that the primary purpose of our Website is to allow Users to procure the Services offered of: trade mark searches and registrations as well as other related services in South Africa in terms of the trade mark and intellectual property laws of South Africa, whereby the necessary legal and advisory services are procured from attorneys on a sub-contracted basis, using an online portal and service contained on its Website (“Services”).
1.4 Users who wish to make an enquiry or who wish to contract with TradeMarker as Clients will be prompted to submit an enquiry or complete a form/s. In so doing, users may be asked to provide the following information:
Physical address or location;
Information relating to the User’s business in regard to the trade mark search and registration and other related services required;
Any other relevant information listed in the online form/s and/or requested via e-mail.
1.7 We will attempt to limit the types of Personal Information we process to only that to which you consent to (for example, in the context of online registration, newsletters, message boards, surveys, polls, professional announcements, SMS, MMS and other mobile services), but, to the extent necessary, your agreement to these Terms constitutes your consent as contemplated in section 69 of the Act.
1.8 All payment information may be captured through the Website or via e-mail. Further, TradeMarker shall not retain payment information on behalf of its Users.
1.9 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.
1.10 By agreeing to the terms contained in this Policy, you consent to the use of your Personal Information in relation to:
- The provision and performance of the Services;
- Informing you of changes made to our Website;
- The provision of marketing related services to you by TradeMarker;
- Responding to any queries or requests you may have;
- Developing a more direct and substantial relationship with Users for the purposes described in this clause;
- Developing an online user profile;
- Understanding general user trends and patterns so that we can develop and support existing and ongoing marketing strategies;
- For security, administrative and legal purposes; and
- 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.
1.11 TradeMarker or one our staff or sub-contractors may contact you by e-mail or telephone to ask you for your feedback and comments on our Services. We may also wish to provide you with information about special features of our Website or any other services or products, which we think may be of interest to you. If you would rather not receive this information, an opt out option will be given to you.
1.12 TradeMarker uses Google AdWords to market our Website and Services across the web. We place a cookie on a browser, and then a 3rd party (Google) reads these cookies and may serve an ad on a 3rd party site. You may opt out of this ad serving on Google’s opt out page.
1.13 Although absolute security cannot be guaranteed on the internet, TradeMarker 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.
1.14 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.
1.15 Your information will not be stored for longer than is reasonably necessary for the purposes described in this Policy or in the Terms or as required by applicable legislation.
1.16 The Personal Information TradeMarker collects from Users shall only be accessed by TradeMarker employees, representatives, contractors and consultants on a need-to-know basis, and subject to reasonable confidentiality obligations binding such persons.
1.17 TradeMarker 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 TradeMarker for publishing on the Website. You shall be solely responsible for the contents of all material published by yourself.
1.18 We regularly review our systems and data to ensure the best possible service to our users.
1.19 We do not accept any users, or representatives of Users, under 18 years of age or who otherwise does not have the relevant capacity and approval from their parent or legal guardian to be bound by this Policy and the Terms and to generally use this Website and the Services offered.
1.20 We recognize and respect the privacy interests of children and encourage parents and guardians to take an active role in their children’s online activities and interests. We do not knowingly collect personal information from children under 13 years of age. If we learn that we have collected personal information from a child under 13, we will delete such information. Children under the age of 13 may not register for an account or register for or purchase our Services.
1.21 We will not sell, share or rent your Personal Information to any third party or use your e-mail address for unsolicited mail. Any e-mails sent by TradeMarker will only be in connection with the provision of our Services and/or the marketing thereof.
1.22 TradeMarker’s Website and Services are operated and managed on servers located and operated within the Republic of South Africa. In order to provide our Services to you, we may send and store your Personal Information outside of the country where you reside or are located, including to South Africa.
Accordingly, if you reside or are located outside of South Africa, your Personal Information may be transferred outside of the country where you reside or are located, including to countries that may not or do not provide the same level of protection for your Personal Information.
We are committed to protecting the privacy and confidentiality of your Personal Information when it is transferred. We shall take appropriate steps to provide the same level of protection for the processing carried out in any such countries, as you would have within your country to the extent reasonably feasible under applicable law.
By using and accessing our Services, Users who reside or are located in countries outside of South Africa agree and consent to the transfer to and processing of their Personal Information on servers located outside of the country where they reside, and that the protection of such information may be different than required under the laws of their residence or location.
2. Log Files
2.1 When you visit our Website, even if you do not submit an enquiry or complete a form/s, 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.
2.2 This information is aggregated as 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 TradeMarker 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.
3.1.1 “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;
3.1.2 “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 Website to work, but may enhance your browsing experience.
3.2 Most web browsers provide the option to block some or all cookie types should you wish to. Users can also opt out of the Google Display Network using the Ads Preference Manager. Because many of our Website features utilise cookies, we recommend that Users do no block them.
4. Application of the Electronic Communications and Transactions Act 25 of 2002 (“ECT Act”)
4.1 Data Messages (as defined in the ECT Act) will be deemed to have been received by TradeMarker if and when TradeMarker responds to the Data Messages.
4.2 Data Messages sent by TradeMarker 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.
4.3 Users acknowledge that electronic signatures, encryption and/or authentication are not required for valid electronic communications between Users and TradeMarker.
4.4 Information to be provided in terms of Section 43(1) of the ECT Act:
4.4.1 Users warrant that Data Messages sent to TradeMarker from any electronic device owned or used by such User, from time to time, were sent and/or authorised by such User, personally;
4.4.2 This Website is owned and operated by Trademarker (Pty) Ltd, registration Number: 2009/023624/07, a private company incorporated and operated in accordance with the laws of the Republic of South Africa, with director: Daniel Shefer;
4.4.3 Address for service of legal documents: 2 Sandton Drive, Sandton, Johannesburg, Gauteng, South Africa, 2196;
4.4.4 Contact Number: +27 82 808 8833;
4.4.5 Website address: www.trademarker.co.za and www.trademarker.co; and,
4.4.6 E-mail address: firstname.lastname@example.org.