These conditions of use (the "Conditions") described herein, will govern your use of Certified Digital Communications Pty Ltd (“CDC”, “our", "we" or “us") technology and systems (the "System"). We advise you to read the Conditions carefully before using the System.

If you do not agree to the Conditions, do not accept and do not click the accept box. Leave immediately and terminate your use of the website. Any delay in leaving and terminating use of the website shall be regarded as full and unconditional understanding and acceptance of these Conditions.

In the case that you use the System on behalf of a company, business or organisation, you are agreeing to the Conditions for that organisation and confirm that you are authorised to do so. Further thereto, you confirm that the System is being used with permission from the bill-payer.

You are only permitted to use the System so long as you comply with the Conditions. By accessing and using the System you confirm that you are not in breach of any previous contracts, laws or other agreements and arrangements that may be in conflict with the Conditions. We reserve the right to change the System over time as company or market needs arise. We also reserve the right to stop or suspend the System at any time without prior notice. We may also decide to remove content and other data from the System as we see fit.

Introduction to The System

CDC, as a trusted 3rd party witness, registers the contents, attachments and delivery receipt of an electronic message, and issues a digitally sealed certificate that proves who sent what to whom and when it was sent.

Your License

CDC grants you a personal, non-exclusive, non-assignable license to make use of the System. Your license is solely for your use of the System as is permitted by the Conditions. You are entirely responsible and liable for the files, content and other information you submit using the System. You must not expose the system to malicious software or spyware.

CDC will not be responsible for any corruption or loss of files that may occur through the use of the System. You accept that it is your responsibility to maintain and protect your data. CDC will not be liable for any expenses or cost associated with storing and/or recovering your data.

You agree to promptly notify us should you contact information or other information contained within your account change.

Account Security

Safeguarding your account password is your responsibility. You agree not to disclose your password to any third party. Any activity that occurs on your account is your responsibility, whether or not you authorised the activity. Should you account become compromised, or if unauthorised activity takes place on your account, you agree to notify CDC immediately. CDC will not be held liable for any loss or damage.

Data & Privacy

Through the use of the System, you will provide us with personal information and files. You will always have full ownership of your data. We, under no circumstance, claim ownership of your data. We will only have the right to use your data in cases where we need to do so in order to run the System.

Through the access and use of the System you give us permission to use your data in order to run the System. Through the use of the System, you consent to your data being stored by a third party outside of the republic.

We reserve the right to manage, access, read and disclose your data to i) uphold the Conditions, ii) comply with laws, government requests and other legal matters, iii) address security and technical issues, iv) protect CDC, our users and other stakeholders and v) provide support and other assistance to users and the public.

Your use of the system is entirely your responsibility. This includes the content of messages and files you send using the System and any other scenarios where the System has been used by you. It is your responsibility to ensure you comply with the Conditions.

You can choose not to receive communications from CDC, however under certain circumstances we reserve the right to use your data to communicate with you as we see fit. This can include administration messages and other important notifications.

Data Security

In some cases, we will store our own copy of your messages and files, however it is your responsibility to keep secure, unaltered copies of all messages and digital files that you send through the System. Should you fail to do so, CDC cannot be held responsible for not being able to prove the content and integrity of a message or file.

Acceptable Use

You agree to use the System responsibly. Therefore, you agree to not use the System to do, or attempt, the following things:

• gain access to, attempt to gain access to, tamper with, or use the areas of the System that are not freely open to the general public, including our computer systems, or the systems of our providers;
• create a disruption or interference on the network or for a specific user, this includes; phishing, spoofing, sending viruses, or intentionally creating an undue burden on the System;
• test the vulnerability of any aspect of the System;
• breach and/or bypass any security measures;
• forge any aspect of any message (including TCP/IP packet header or any part of the header information) in any email;
• send anything that is misleading or fradulent, infringes another's rights or violates privacy of others or the law in any way, send false or altered information, send deceptive information or abuse;
• intentionally engage in illegal conduct;
• knowingly create, store or disseminate any illegal content;
• knowingly infringe copyright;
• knowingly infringe any intellectual property rights; or
• send spam or promote the sending of spam.

Should you violate any of the Conditions we reserve the right to suspend or terminate your account. Replacement accounts that are created without our authorisation will also be immediately and permanently suspended.

CDC Property

The System is protected by Intellectual Property and other such laws of South Africa and other foreign countries. You do not have the right to copy and use the System features, functionality and branding that is distinctive to CDC. Should you provide any feedback, suggestions or other general comments on the System, or CDC, you agree that we may use the information as we deem necessary with no obligation to you.

All intellectual property on the Website and System, including but not limited to content, trademarks, domain names, patents, design elements, software, source code, meta tags, databases, text, graphics, icons and hyperlinks are the property of or licensed to CDC and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights provided to you in these Conditions, all of the rights to intellectual property on the Website and System are expressly and strictly reserved.

All rights, interest and title in intellectual property on the Website is, and remain, the exclusive property of CDC, and any unlawful or unauthorized use, modification, alteration, on-sell or distribution, is punishable by law.

Termination

You are free to terminate your use of the System at any time. If you fail to comply with the Conditions, or if we deem it necessary, we may suspend or disable the System, or your account. Should this occur, we will do our utmost to provide adequate notice, though there may be some cases, such as instances where we are required by law or other such instances, where we suspend immediately.

Limitation of Liability

IN NO EVENT WILL CDC, ITS STAKEHOLDERS, EMPLOYEES, SUPPLIERS OR OTHER RELATED PARTIES BE HELD LIABLE FOR ANY CLAIMS RELATING TO THE SYSTEM OR ANY SERVICES OFFERED BY CDC. WE WILL NOT BE HELD LIABLE FOR PUNITIVE, CONSEQUENTIAL, DIRECT OR INDIRECT DAMAGES, LOSSES OR OTHER SUCH CLAIMS REGARDLESS OF LEGAL THEORY, WHETHER OR NOT CDC HAS RECEIVED PRIOR WARNING.

Modifications

We reserve the right to revise and amend the Conditions as necessary. The most up to date version will be available on our website. We advise you to check on this regularly. When you access or use the System after revisions are made, you agree to and are bound by the revised Conditions. If you do not agree to the new Conditions, please stop using the System.

Legal Terms

CDC and you are not legal partners or agents; instead, our relationship is that of independent contractors.

The Conditions replace any prior agreements and create no third party beneficiary rights.

Should CDC’s failure to enforce a provision, it does not waive its right to do so later.

If a provision is found unenforceable the remaining provisions of the Conditions will remain in full effect.

Your rights in these Conditions may not be assigned, and any such attempt is void, but CDC may assign its rights to any successor in interest of any business associated with the System.

These Conditions will be governed by the laws of South Africa and constitute the entire agreement between CDC and you.

Disclaimer

YOU MAKE USE OF THE SYSTEM AT YOUR OWN RISK. THE SYSTEM IS PROVIDED "AS IS" AND "AS AVAILABLE” WITHOUT WARRANTIES. THIS INCLUDES ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. We take no responsibility and liability for the availability or reliability of the System. We will not be held responsible or liable for any harm to your computer, or other harm as a result of your use of the System. CDC has no responsibility or liability for failing to send or store any communications within the System. There is no warranty that your requirements will be met or that your use of the System will be uninterrupted or error free. No information provided by the System or CDC, whether written or oral, will create any warranty. We shall not control or supervise content available through links to third party platforms and therefore we cannot guarantee the accuracy, truthfulness, origin, contents, or availability thereof. Consequently, we cannot be held responsible for possible damage caused regarding publishing, removing, or using any link, or relying on any content available via the link.

By making use of our System you agree that it is your responsibility to ensure that all communications you send via our System are complete, accurate, legally admissible, and fit for purpose. CDC cannot be held liable for any legal disputes or non-conformities that arise as a result of the certificates and evidence generated by our system. You therefore agree to indemnify and hold harmless CDC for any direct, indirect, incidental, special or consequential loss or damages which might arise from you furnishing CDC information that is inaccurate, incomplete, or fails to provide any material information necessary to make the statements being made or the information being furnished truthful, accurate, and correct in light of all the circumstances. By making use of our System you further accept that you need to perform the necessary due diligence to ensure all relevant laws and practices are adhered to.

Electronic Communications

Any communication or material the User/Client transmits to CDC by electronic mail or otherwise, including, but not limited to any data, questions or answers, comments, suggestions, or the like, will be treated as non-confidential and non-proprietary by CDC, unless expressly agreed otherwise in writing. Electronic communications shall only be deemed to have been received if and when responded to in a manner, other than by way of an automated response. Information contained in electronic communications must be regarded as confidential and intended solely for the use of the intended recipient. Any unauthorised disclosure, copying, distribution or action in reliance upon the contents of this electronic communication is strictly prohibited and unlawful. Whilst CDC employs virus filtering, we provide no guarantees or warranties that electronic communication will be virus-free. The User/Client is accordingly advised to employ their own virus scanning tools. The views expressed in any electronic communications transmitted are those of the individual sender unless the context clearly provides otherwise.

Disclosures Required by Section 43 of the ECT Act

Access to the services, content, software and downloads available from the Website may be classified as “electronic transactions” as defined in terms of ECTA and you therefore may have the rights detailed in ECTA. Accordingly, we provides the following information:

• Full name and legal status of website owner: Certified Digital Communications (Pty) Ltd, registration number: K2020141248

• Postal Address: 20 Krige Street, Stellenbosch, 7600

• Physical address for receipt of legal process: 20 Krige Street, Stellenbosch, 7600

• Office telephone and customer support number: +27 82 458 8938

• Main business: Certified Digital Communications acts as a trusted third party witness of registered data messages including but not limited to email and SMS messages.

• Website address: www.certcoms.com

• Official email address: info@certcoms.com

• CDC is a member of the following self-regulatory and/or accreditation bodies: CDC is a member of WASPA and is bound by the WASPA Code of Conduct. Customers have the right to approach WASPA to lodge a complaint in accordance with the WASPA complaints procedure. CDC may be required to share information relating to a service or a customer with WASPA for the purpose of resolving a complaint. WASPA web site: www.waspa.org.za

• Access to and use of the website is provided free of charge. Use of the System is billed on a pro rata basis.

• Users may lodge complaints concerning the website at: complaints@certcoms.com

This Privacy Policy describes Our policies and procedures relating to the collection, use and disclosure of Your Personal Data when You use Our website and the System. It also tells You about Your privacy rights and how the law protects You and your Personal Data.

We are committed to keeping your Personal Data confidential. We will use Your Personal Data to enhance your user experience and to provide and improve the System. As such, by using the System, You agree to the collection and use of data in accordance with this Privacy Policy.

Please note that any Personal Data collected remains Your property and, as such, you may request us to provide you with a copy of such Personal Data at any time.

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

• Account means a unique account created for You to access our System or parts of our System.
• Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Certified Digital Communications (Pty) Ltd
• Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
• Country refers to: South Africa
• Device means any device that can access the System such as a computer, a cellphone or a digital tablet.
• Personal Data is any information that relates to an identified or identifiable individual.
• Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the System or to assist the Company in analyzing how the System is used.
• Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the System.
• Usage Data refers to data collected automatically, either generated by the use of the System or from the System infrastructure itself (for example, the duration of a page visit).
• Website refers to Certified Digital Communications, accessible from www.certcoms.com
• You means the individual accessing or using the System, or the company, or other legal entity on behalf of which such individual is accessing or using the System, as applicable.

Types of Data Collected

Personal Data

While using Our System, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:

• Email address
• First name and last name
• Phone number
• Address, State, Province, ZIP/Postal code, City
• Usage Data

In general, you may visit Our website without revealing any Personal Data. There are times, however, when We may request Personal Data from you. In these instances, the supply of Personal Data by You is voluntary. However, failure to provide your Personal Data will result in you being unable to make use of the Service.

You have the right to ask us to update, correct, or delete your personal information. You may do this by contacting us using the methods provided at the bottom of this page.

We will take all reasonable steps to confirm your identity before making changes to the personal information we may hold about you.

We would appreciate it if you would keep your personal information accurate and contact us as soon as possible whenever your details change.

Usage Data

Usage Data is collected automatically when using the System.

Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our System that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When You access the System by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

We may also collect information that Your browser sends whenever You visit our System or when You access the System by or through a mobile device.

Tracking Technologies and Cookies

We use Cookies and similar tracking technologies to track the activity on Our System and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our System.

Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser. Learn more about cookies: Cookies: What Do They Do?.

We use both Session and Persistent Cookies for the purposes set out below:

Necessary / Essential Cookies

Type: Session Cookies

Administered by: Us

Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.

Cookies Policy / Notice Acceptance Cookies

Type: Persistent Cookies

Administered by: Us

Purpose: These Cookies identify if users have accepted the use of cookies on the Website.

Functionality Cookies

Type: Persistent Cookies

Administered by: Us

Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.

For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy or the Cookies section of our Privacy Policy.

Use of Your Personal Data

• The Company may use Personal Data for the following purposes:
• To provide and maintain our System, including to monitor the usage of our System.
• To manage Your Account: to manage Your registration as a user of the System. The Personal Data You provide can give You access to different functionalities of the System that are available to You as a registered user.
• For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the System.
• To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
• To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
• To manage Your requests: To attend and manage Your requests to Us.
• For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our System users is among the assets transferred.
• For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our System, products, services, marketing and your experience.

We may share Your personal information in the following situations:

• With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our System, to contact You.
• For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
• With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
• With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
• With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.
• With Your consent: We may disclose Your personal information for any other purpose with Your consent.

We will not sell, rent, or trade your Personal Data to any third party.

Retention of Your Personal Data

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our System, or We are legally obligated to retain this data for longer time periods.

Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

Disclosure of Your Personal Data

Business Transactions

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

• Comply with a legal obligation
• Protect and defend the rights or property of the Company
• Prevent or investigate possible wrongdoing in connection with the Service
• Protect the personal safety of Users of the Service or the public
• Protect against legal liability

Security of Your Personal Data

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, and have implemented appropriate technical and physical security measures to help keep Your data safe, We cannot guarantee its absolute security.

Children's Privacy

Our System does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.

If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.

Links to Other Websites

Our System may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Changes to this Privacy Policy

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

We will let You know via email and/or a prominent notice on Our System, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Complaints

We would appreciate the opportunity to first address any complaints regarding our processing of your personal information directly, but you do have the right to complain to the Information Regulator, whose contact details are:

Information Regulator

Tel: 012 406 4818

Fax: 086 500 3351

General Email: inforeg@justice.gov.za

Complaints Email: complaints.IR@justice.gov.za

Contact Us

If you have any questions about this Privacy Policy, You can contact us:

• By email: privacy@certcoms.com
• By completing the contact form on this page of our website: www.certcoms.com