1. Purpose of this Policy

This Policy aims to protect Privacy in accordance with international best practice, but it is not intended to supersede local or extra-territorial laws, statutes or regulations that impose Privacy requirements – the Protection of Personal Information Act in South Africa.

For the purposes of this Policy the following definitions are used:

1.1 DEFINITIONS AND INTERPRETATION

In this Agreement unless otherwise required or indicated by the context:

1.1.1. “the Act” shall mean the Protection of Personal Information Act 4 of 2013, as amended from time to time;

1.1.2. “Agreement” shall mean this agreement setting out the terms and conditions for use of the Website and APP;

1.1.3. “APP” means the RSI application which may downloaded from the Google Playstore or Apple iStore;

1.1.4. “ECTA” means the Electronic Communications and Transactions Act No 25 of 2002, as amended from time to time;

1.1.5. “Intellectual Property” shall mean with limitation, is all inventions, specifications, patents, designs, trademarks, service marks, trade names and all goodwill associated with the foregoing; copyright and copyrightable works, including, but not limited to, all copyright in any logos, devices, designs, multimedia works and computer software programs (in both source and object code form, and including any programmers’ or developers’ notes, flow charts, memoranda and design documents); rights protecting goodwill and reputation; proprietary material, know-how, ideas, concepts, trade secrets, methods, techniques, graphics; schematics; marketing; sales and user data; domain names and URLs; databases and rights in databases, confidential information and all other intellectual property rights and rights of a similar character whether registered or capable of registration, rights in the nature of any of the above items whether registered or unregistered in any country or jurisdiction and all applications and rights to apply for protection of any of the same;

1.1.6. “Personal Information” shall be the definition as provided in Chapter 1 of the Act and shall be the information provided by the client to RSI about themselves and their next of kin or dependent, including but not limited to:

1.1.6.1 General information – such as your name, surname, address, email address, telephone numbers, marital status, date of birth, place of employment etc;

1.1.6.2 .Identification Information – for example identification number, passport information and or driving license validation;

1.1.6.3. Claim Information – policy number, particulars of the claim, vehicle registration numbers and photographs. etc.

1.1.6.4. Telephone recordings – telephone calls may be recorded under regulatory and / or contractual obligations. Calls may also be recorded for training purposes. 

1.1.7. “Services” shall mean the products and services offered by RSIfrom time to time;

1.1.8. “Terms” means the terms and conditions contained in this Agreement;

1.1.9.“User” shall mean any person who accesses the RSI’s Website or the APP;

1.1.10. “Website” shall mean risksolutions.co.za and any links thereto;

2. INTRODUCTION

2.1. RSI (Pty) Ltd (“RSI “) is a South African based private company with limited liability with registration number 1991/007265/07 and underwriting manager focused on assisting brokers and financial institutions with insurance related value added products and services. RSI specialises in value added product underwriting and administration for and on behalf insurers and provide products that assists corporate clients’ customers by reducing risk, inconvenience and cost associated with unexpected incidents.

2.2. This Agreement regulates the use of the Website and APP which is owned and operated by RSI.

2.3. Any Users of this Website and/or APP may only use the Website once they have read and understood the Terms contained in this Agreement and confirm such Terms will be met.

3. AMENDMENTS TO AGREEMENT

3.1. RSI may change, modify, add to or remove paragraphs to this Agreement which will become effective when the changes are posted on the APP or Website. RSI will notify the User of the changes by posting a prominent notice on the APP or Website. The User’s continued use of the APP or Website following the posting of changes or updates will be considered notice of the User’s acceptance of the updated Terms in the Agreement, including any changes or updates.

4. PROVISION OF PERSONAL INFORMATION

4.1. Dependent on RSI’s relationship with the client; RSI may require personal information and data about the insured in order to provide collective administration and facilitation services for and on behalf of the insured client and or a third party. In such an instance the client may be a corporate client, insured individual, Website or APP User; or third party policy holder or a representative to our business.

4.2. When a User provides their Personal Information to RSI they consent to the processing of same by RSI.

5. COMPLAINTS AND DISPUTES

5.1 Any complaints or disputes by a User utilising the website or APP may be addressed to RSI will immediately react and deal with such complaint or dispute.  A notice of actual or potential breach of Personal Information and data breaches can also be reported to RSI.

5.2. Any complaints, disputes or breaches may be reported to us in writing by notifying us via email on info@risksolutions.co.za or by contacting us on 010 035 0780.

6. USE OF WEBSITE AND APP

6.1. Any User should only use the latest version of the Website or APP.  The User should only access the Website or the APP on a device which supports such Website or APP.

7. HOSTING AND TRANSFER OF DATA

7.1. Data relating to the User, including User Data and System Data, may be hosted and processed in a country or jurisdiction other than the one where the User is based in, and may be transferred to suit RSI’s operational requirements between countries around the world that may not have the same data protection and privacy laws as in the User’s jurisdiction. RSI will not host or transfer such data to a country or jurisdiction that does in support data protection and privacy laws to the same standard as those set out in the Terms.

8. LINKS TO OTHER WEBSITES/APPLICATIONS

8.1. RSI’s service may contain links to third-party websites or services that are not owned or controlled by RSI.  RSI has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites, services or applications. You further acknowledge and agree that RSI shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites, services or applications.

9. TRANSACTING THROUGH THE WEBSITE AND APP

9.1. RSI will act on instructions that appear to have been sent by a User and the User must ensure that the information provided is correct

10. USE OF INFORMATION

10.1. Consent to use of Information

10.2. The User hereby provides consents to the use of their data and Personal Information to render the insurance Services and for research and statistical purposes.

10.3. The purpose of the research is for RSI to understand risk in the economy as well as to provide insight into risk solutions.

10.4. Sharing of Personal Information and data

10.5. Personal information and data will be shared by RSI where it is necessary to do so in the rendering of Services. This may include the following:

10.5.1.1. for the purpose of administrating and facilitating a specific contractual business process and to best serve you as our client;

10.5.1.2. for the assistance with emergency services such as medical, police and or fire brigade; fraud prevention agencies and or any party who may be involved in the processing of a claim or incident that we are handling; and/or

10.5.1.3. for the appointment of a service provider, contractor, repairer, related consultants etc. who have measurements in place to take care-off and secure personal information and data shared.

10.6. Storage of information and data

10.6.1. RSI make use of secure storage systems and Personal Information and data is stored on secured servers. We ensure that information and data server and storage providers fully support operational and technical requirements and that legally required measurements are followed for the protection of all our clients’ personal data and information.

10.7.  Use of information and data

10.7.1. RSI administrates and facilitates a number of services for and on behalf of our clients. In such instance the insured client’s Personal Information and data will be used to carry out related business contractual responsibilities for and on behalf of an insured individual and this may include the following:

10.7.1.1. to provide and deliver a service to the insured through direct and indirect contact;

10.7.1.2. to request to provide further information regarding a registered incident or claim;

10.7.1.3. claim assistance, decision making, appointment of service providers, claim assessment and processing etc.;

10.7.1.4. in order to provide updates and information in the event of complaints handling or any other process may require contact with the insured client; and

10.7.1.5. to prevent fraudulent actions, money laundering and relating investigations.

10.8. Client rights

10.8.1. We pride ourselves in processing insured client’s personal information and data for specified purposes only; these processes are outlined in our business agreements, responsibilities and obligations. The insured client does however have the right to:

10.8.1.1. at any time request and be given access to his or her relevant personal information and data; and request removal and deletion of any Personal Information and data

11. WARRANTIES BY THE USER

11.1. The User represents and warrants that:

11.1.1. They have full contractual capacity, and no court has declared you mentally unfit;

11.1.2. They have obtained the written consent of a parent/legal guardian if you are a minor (under the age of 18 years);

11.1.3. The User has given us the correct information.

11.1.4. The User has have read and understand these terms and conditions before entering into this Agreement.

12. INDEMNITY AND LIMITATION OF LIABILITY

12.1. Subject to sections 43(5) and 43(6) of ECTA, and to the extent permitted by law, the Website/APP and all content on the Website/APP, are provided on an “as is” basis, and may include inaccuracies or typographical errors and RSI, its suppliers, employees, directors partners, affiliates and agents will not be liable for any damage, or loss or liability of any nature incurred by whoever as a result of any action or omission. RSI makes no warranty or representation as to the availability, accuracy or completeness of the content, or any third-party content accessible via an internet link.

12.2. Not any of the content, including any information or articles published pertaining to specific aspects of the business of RSI must be construed as advice in respect of such aspect. Users which choose to act in accordance with the contents of the Website, including any article published thereon, completely does so on his or her own risk. Not the RSI, its suppliers, employees, directors, partners, affiliates nor any of the aforementioned parties’ agents can be held liable for any damages, of whatsoever nature, due to such action by any User.

12.3. Neither RSI nor any holding company, affiliate, agent, subsidiary of RSI or owners, will be held responsible for any damage of any kind, related to the use of, or the inability to access or use the content or the Website or any functionality, or of any linked website to the extent permissible by law.

12.4. The User indemnifies RSI against any loss or damages (direct, indirect and consequential) that RSI may suffer because:

12.4.1. The User gave us wrong instructions or wrong information.

12.4.2. An unauthorised third party carried out an instruction without the User’s permission, on their behalf.

12.5. The User acknowledges and agrees that:

12.5.1. These terms and conditions are entered into between the User and RSI and does not govern the relationship between the User and any third party.

13. DISCLAIMERS

13.1. The User’s use of the site is dependent on factors beyond RSI’s control, such as the User’s network coverage or network availability as well as or their device’s proficiency and/or capacity.

13.2. RSI is not liable of any loss or damages the User may suffer if a factor beyond RSI’s control arises and the User cannot access the Site.

13.3. RSI nor any holding company, affiliate, agent, or subsidiary thereof are responsible for any loss or damages related to User use of the Site or any Intellectual Property flowing from their use. This includes, without limitation, any damage, or loss or liability of any nature incurred by whoever as a result of any action or omission.

13.4. RSI are not responsible for any loss or damage where:

13.4.1. Any technical interruption, malfunction, downtime or other failure that affects the Website/APP;

13.4.2. Any Personal Information or other data is directly or indirectly lost or damaged because of technical problems, power failures, unlawful acts (such as data theft), any program or virus, the User’s own negligence; or any other reason flowing from the use of the Website/APP;

13.4.3. Any failure or problem that affects services provided by any other party for example any ISP, electricity supplier, local or other authority; or

13.4.4. Any event that RSI has no control over

14. CONFIDENTIALITY AND NON-SOLICITATION

14.1. During the period of this Agreement and subsequent thereto, the parties will keep confidential and will not make use of, directly or indirectly, and will not disclose any of the parties trade secrets or confidential information including, but not limited to, technical know-how and data, plans, drawings, systems, URLs, methods, software, processes, client lists, business affairs, suppliers’ lists, marketing information or financial information, or those of its subsidiary or associate companies or those of persons who have made disclosures to a party under conditions of confidentiality, other than to persons authorised by a party or those employed by a party who are required to know such secrets or to have such information for the purpose of their employment with a party.

14.2. Should a party be uncertain as to whether any information is confidential or is a trade secret, the party will in writing request a ruling from the other party.

14.3. The User will immediately inform RSI should it at any stage during the period of this Agreement become aware of any unlawful disclosure or use of any such confidential information by any other person. The User will deal with the issue on a confidential basis.

14.4. The obligations contained in this clause will survive the termination of this Agreement and will endure for a period of 3 (three) years after the termination.

14.5. Each party undertakes forthwith to inform the other of them in writing should any demand or request for information relating to or in connection with the subject matter of this Agreement be received, irrespective of whether such request or demand is formulated in terms of the Promotion of Access to Information Act No 2 of 2000, or on any other grounds.

15. INTERCEPTION OF COMMUNICATIONS

15.1. Despite such undertaking, it is possible for internet-based communications to be intercepted.

15.2. Without the use of encryption, the internet is not a secure medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception and forging.

15.3. RSI will not be responsible for any damages the User any third party may suffer as a result of the transmission of confidential or disclosed information that the User makes to RSI through the internet, or that the User expressly or implicitly authorises RSI to make, or for any errors or any changes made to any transmitted information.

15.4. To ensure acquaintance with and awareness of the privacy measures and policies of RSI, the User is urged to take care to read and understand the underlying privacy clauses incorporated in these Terms.

16. MARKETING BY POST, EMAIL OR TEXT MESSAGES

16.1 RSI confirms that the User grants them permission and that RSI may use the User’s Personal Information to contact the User about products, services, and special offers from us or other companies that may interest the User. RSI will do this by post, e-mail, push notification through the APP or text message. If the User decides that they do not want RSI  to do this, the User can contact RSI, and RSI will stop this marketing.

17. BREACH

17.1. RSI may stop Users from using the Site if they are in breach of a clause as contained in these terms and conditions as set out in this Agreement and do not remedy the breach within 5 (five) days after we have asked you to do so. RSI may still take other steps available to them,, including applying to a court for an urgent interdict against the User .

18. COPYRIGHT AND INTELLECTUAL PROPERTY

18.1. RSI provides certain information on the Website/APP. Content displayed on the Website/APP is provided RSI, its affiliates or subsidiary, or any other third party owners of the content. All the proprietary works, and the compilation of the proprietary works, belong to RSI, its affiliates or subsidiary, or any third party owners of the rights and the content is protected by South African and international copyright laws.

18.2. RSI may make any changes to the Website/APP, the content, or to the products or services offered at any time and without notice to the User. All rights in and to the content is reserved and retained by RSI. Except as specified in the Terms, the User is not granted a license or any other right including under copyright, trademark, patent or other Intellectual Property Rights in or to the content.

19. CHOICE OF LAW

19.1. This Website/APP is controlled, operated and administered by RSI from its offices as set out below within the Republic of South Africa.

19.2. The Terms will be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the High Court, Gauteng, Pretoria in the event of any dispute.

19.3. If any of the provisions of the Terms are found by a court of competent jurisdiction to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible so as to give effect to the intent of the Terms, and the remainder of the Terms will continue in full force.

20. GENERAL

20.1. This Agreement contains all the provisions agreed on by the Parties with regard to the regard to the use of the content and the Website/ APP and the Parties waive the right to rely on any alleged provision not expressly contained in this Agreement.

20.2. No contract varying, adding to, deleting from or cancelling this Agreement, and no waiver of any right under this Agreement, by the User shall be effective unless reduced to writing and signed by or on behalf of the Parties.

20.3. The invalidity, illegality, or unenforceability of any of the clauses in these Terms will not affect the validity, legality, and enforceability of the remaining clauses of this Agreement.

20.4. RSI may terminate any product or service at any time, without notice.

21. NOTICES AND DOMICILIUM

21.1 RSI chooses the registered address as stated on their Website at info@risksolutions.co.za as the address where any legal document or notice must be served or delivered to RSI.

21.2. RSI will send any legal documents or notices to you at the address registered by the User (if applicable).

21.3. RSI may send any other written communication to the User’s street, postal or e-mail address, or through the Site message system. RSI will regard a communication sent by e-mail as having been received by the User one day after it was sent.

21.4. Any legal document of notice to be served in legal proceedings must be written on paper. The relevant provisions of the ECTA do not apply to these legal documents or notices.

22. CUSTOMER CONTACT INFORMATION

22.1. If you have any questions about the products or services, you can email us at info@risksolutions.co.za.

22.2 If you have any questions about a product or service, you may call us on:

22.2.1. Telephone:  010 035 0780

22.2.2. E-mail: info@risksolutions.co.za. or

22.2.3. Website: www.risksolutions.co.za

23. DISTRIBUTION AND COMMUNICATION BY E-MAIL

Any e-mail communication received from RSIis privileged and confidential and for the use of the intended User only. If a User receives an e-mail in error, please notify RSIdirectly and delete the email and any attachments. Unauthorized use, disclosure or copying of the contents of an e-mail received in error, or any similar action, is prohibited. WARNING: From time to time, RSI’s spam scanners may eliminate legitimate e-mail from a Use. There is a duty on the User to ensure RSI acknowledges receipt of the User’s instruction.

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