The provisions of this agreement are drawn to the attention of the Indemnifying Party where the Consumer Protection Act 68 of 2008 applies to the relationship between WILDE WESTE PAINTBALL & ANY CLIENT. The effect of this agreement is that the indemnifying party may have limited or no recourse against the Indemnified Party in the circumstances referred to herein.
Waiver and Indemnity
By signing this agreement, you confirm that you have read and understood the meaning and effect of this agreement and that you agree to be bound by it from the date of signature. If you do not understand the meaning or effect of any of the clauses contained in this agreement, you must request that it be explained to you before accepting and concluding this agreement. Any participant will be held liable for property that has been damaged.
This Terms of Use is issued on behalf of Wilde Weste Paintball. Wilde Weste Paintball is referred to in this Terms of Use as “we”, “our” or “us”. The Terms of Use applies to all our owned websites (however accessed or used), whether via personal computers, mobile devices, or other technology (“Device”) and other interactive features, applications or downloads that are operated by us that are available through these websites and contain this Terms of Use produced and maintained by us (collectively “Website”).
AGREEMENT TO TERMS OF USE
Please read these Terms of Use carefully before using this Website. By using our Website you agree to these Terms of Use. If you do not agree to the Terms of Use, please don’t use this Website.
OWNERSHIP
Website and Content
All of the material features or displays on the Website, including without limitation, all text, scripts, code, designs, graphics, music, videos, applications, interactive features, articles, stickers, photographs, images, moving images, sounds, illustrations and other content (“Content”) are owned by us, our licensors or our suppliers. We reserve all rights not expressly described in these terms.
Trademarks
All of the trademarks, service marks, trade names and logos (“Marks”) used on the Website belong to us, our licensors or our suppliers. You are prohibited from using the Marks in any way without our prior written consent. You do not acquire any license or ownership rights to any trademarks, service marks or trade names through your access or use of the Website.
Notices
All elements of the Website, including without limitation, the Website and Content and trademarks, are protected by trade dress, copyright, trademark and other laws relating to intellectual property rights.
Except as may be otherwise expressly indicated by us in specific documents posted on the Website, you are authorized to view, play, print and download Content for personal, informational, and non- commercial purposes only.
Outside of the specific usage rights granted to you by us in connection with the Website, you may not use, edit, translate, display, download, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell, or in any way exploit any Content or trademarks. You will not remove any copyright, trademark or other proprietary notices from the Website or Content found on the Website.
The Website and Content, trademarks, shall remain the exclusive property of us or our licensors or suppliers, as applicable, unless otherwise expressly agreed by us.
Communication or material you transmit to the Website by electronic mail or otherwise, including any questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by us or its affiliates for lawful purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Website, including but not limited to developing, manufacturing, and marketing products using such information.
PARTNERS ON THE PLATFORM
From time to time, we may link to or partner with third-party websites, social media platforms, mobile apps, and other products and services (“Third Parties”). Such links are provided for your convenience only. You may be able to connect with these Third Parties through the Website, but this does not mean we endorse, monitor or have any control over these Third Parties or their activities, which are subject to separate the terms of use and privacy policies. You should carefully review any Third Party’s sites and the terms of use and privacy policy. We are not responsible for the content, policies or activities of Third Parties and you interact with Third Parties at your own risk.
RESTRICTIONS ON USE
We give you permission to use our website so long as you do not:
use the Content on the Website for any commercial purpose;
use the Content or the Website for any illegal purpose;
attempt to gain unauthorized access to any other user’s computer systems or networks associated with the website;
modify or attempt to modify or in any way tamper with website;
use the Website or any of the Content on it in a way that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of privacy; or
interfere with or disrupt networks connected to the Website or violate the regulations, policies or procedures of such networks.
DISCLAIMERS
To the fullest extent permitted by law, everything on the Website is provided to you “as is” without warranties of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Please note that some the jurisdictions may not allow the exclusion of implied warranties, so some of above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. We use reasonable efforts to include accurate and up-to-date information on the Website. However, we make no warranties or representations as to the accuracy of the information. We assume no liability or responsibility for any errors or omissions in the contents of this Website. We also assume no responsibility and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing on the Website or your downloading of any materials, data, text, images, video, or audio from the Website.
JURISDICTION
These Terms of Use are governed by and construed in accordance with South Africa law, without giving effect to any principles of conflicts of law. Except where prohibited by applicable law, and without limitation to any statutory rights for users, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to these Terms of Use shall be resolved and filed exclusively in the courts located in South Africa. Please note that mandatory laws may entitle you to file an action at law in other jurisdictions.
We make no representation that Content on any website is appropriate or available for use in any location. Those who choose to access a website do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.
GENERAL PROVISIONS
Right to Assign, No Waivers, Severability
We may assign its rights and duties under Terms of Use to any party at any time without notice to you, unless notice to you is required by applicable law, but this will not affect your rights or our obligations under Terms of Use.
Our failure to insist upon or enforce strict performance one part of Terms of Use is not a waiver of the other Terms of Use or our rights.
If any provision in one part is held invalid or unenforceable, the remainder of Terms of Use shall continue to be enforceable.
Updates to Terms of Use.
We reserve the right to modify the Terms of Use at any time without prior notice (“Updated Terms”). You agree that we may notify you of the Updated Terms by posting them on the Website so that they are accessible via a link on the Website, and that your use of the Website after we post the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review the Terms of Use periodically. The Updated Terms will be effective as of the time that we post them on the home page of the Website, or such later date as may be specified in them.
INTRODUCTION
This Privacy Policy is issued on behalf of WILDE WESTE PAINTBALL. and all of its subsidiaries and affiliates. WILDE WESTE PAINTBALL may also be referred to in this Privacy Policy as “we”, “our” or “us”. WILDE WESTE PAINTBALL is committed to safeguarding your privacy online. It is very important to us that you are able to use and enjoy our websites without having to worry about your privacy. This Privacy Policy is designed to help you understand how your personal information will be treated. Please read this Privacy Policy along with any other privacy notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data.
ABOUT PRIVACY POLICY
This Privacy Policy (“Privacy Policy”) describes the personal information that may be collected and processed by us, what we use your personal information for, when we collect your information, how we might use and disclose your personal information, and the choices you can make about your personal information.
This Privacy Policy applies to wildeweste.co.za (however accessed or used) whether via personal computers, mobile devices, or other technology (“Device”) and other interactive features, applications or downloads that are operated by us that are available through this website and contain this Privacy Policy produced and maintained by WILDE WESTE PAINTBALL (collectively “Website”). By using the Website, you acknowledge that you’ve read and understood this Privacy Policy.
WHAT INFORMATION DO WE COLLECT?
We collect information that is directly related to the products and service you choose including information collected automatically and personal information.
Information collected automatically (cookies) is used by WILDE WESTE PAINTBALL for aggregated statistical analyses or systems administration purposes only. No attempt will be made to identify users or their browsing activities, except where required by law.
Personal information is information about an identifiable individual, or an individual who is reasonably identifiable whether the information is true or not.
The kind of personal information we collect may include
identifiers such as a real name, alias, postal address, telephone number, and/or e-mail address, zip code, account name;
demographic details such as age and/or gender;
internet or other electronic network activity information, including browsing history, search history (for example – the previous Website you visited), and information regarding a consumer’s interaction with an Internet Web site; and application, or advertisement, products you are interested in;
device information, and information that helps you access Services (such as login information, Wi-Fi network name, IP (Internet Protocol) address (a number which is unique to the machine through which you are connected to the internet), etc.;
geolocation information such as country, city and address;
order information and other proof of purchase when you submit a product issue;
survey information; and
other information that is necessary to your enquiry.
WHEN DO WE COLLECT INFORMATION?
We may collect personal information from you when you:
visit/browse our website
fill in an application form, register with a service;
deal with us over the telephone or through any Device;
use an interactive activity, enter a sweepstakes or contest;
e-mail us;
submit your personal information details through the Website;
ask us to contact you after visiting the Website; and
agree to complete an on-line survey.
HOW DO WE COLLECT INFORMATION?
We will collect personal information when you provide to us, and only to the extent necessary to provide the product or service you requested or to carry out our internal administrative operations.
We may receive information automatically through cookies. When you interact with us on the internet, our system automatically sends you a ‘cookie’. A cookie is a small amount of information sent from a web server to your computer, electronic tablet or smart phone that enables your device to be recognized. It is used to handle your internet sessions on that device and contains a unique identifier. Other information stored by the cookie includes website traffic data. This data is not used to identify individual details. We only collate the data into anonymous results in order to evaluate and improve our internet user ability and services. You may disable cookies using your browser’s preferences, but some features of the Website may not function if you do so. You can know more about our Cookie Policy here.
We also receive information via third party when you visit our page on social media sites or channels (e.g. Facebook, Youtube, Instagram, Linkedin etc.).
We may receive personal data about you from various third parties and public sources. Technical Data from the following parties:
analytics providers, such as Google Analytics;
search information providers such as Google and Bing；
app store providers, such as the Apple App Store and Google Play.
We will collect personal information from you by lawful and fair means and not in an unreasonable way.
USING PERSONAL INFORMATION
We will collect, hold, use and disclose personal information for the purposes of providing or offering goods and services to you, for any purposes that you may reasonably expect, for any other purpose authorized by law, or for any other purposes with your consent. This may include disclosures to organizations that provide us with technical and support services, and professional advice.
We use personal information in the following ways to:
provide you with news and information about our products and services;
provide, deliver, source, administer, and improve our products and services;
provide marketing offers through direct marketing, database compilation, market research, data analysis and segmentation, and the processing or creation of other marketing information;
communicate with you such as responding to queries and complaints;
send you marketing and promotional material that we believe you may be interested in;
seek your feedback for market research purposes；
Participation in feedback such as online surveys is completely voluntary and anonymous. It will not be used to gather identifying information about any individual;
protect intellectual property and our legal rights; or
protect our rights or property and comply with legal processes, which may include disclosures to law enforcement, regulatory or government agencies.
You may at any time request that we discontinue sending you emails or other communications. Requests should be directed to Customer Service – see Contact Us.
Direct marketing
From time to time we may use the personal information we collect from you to identify particular products and services which we believe may be of interest to you. We may then contact you to let you know about these products and services and how they may benefit you. Every directly addressed marketing contact sent or made by WILDE WESTE PAINTBALL will include a means by which you may unsubscribe (or opt out) of receiving further marketing information. Further, you may instruct us at any time to remove any previous consent you provided to receive marketing communications from us. Requests should be directed to Customer Service – see Contact Us.
Entrants in Competitions, Contests and Sweepstakes
We may offer competitions, sweepstakes and contests through the Website that may require registration. By participating in a competition, contest or sweepstake, you agree to the terms, conditions and official rules that govern that particular promotion. If you choose to enter a competition, sweepstake or contest, we may disclose personal information to third parties or the public in connection with the administration of such competition, contest or sweepstake, including without limitation, in connection with winner selection, prize fulfillment, and as required by law or permitted by the official rules, such as on a winners’ list.
Job Candidates
We collect information from job candidates. This information will contain personal information such as name, address, employment history and reference details.
Generally, we will collect personal information directly from the job candidate but some information may be provided by third parties providing human resource services. Job candidate personal information will be used for recruitment purposes and to evaluate the job candidate’s application. Where we wish to use the information for other purposes we will seek job candidates’ agreement beforehand.
SHARING INFORMATION
We will share information within the WILDE WESTE PAINTBALL Company and subsidiaries.
We may share your personal information with service providers that perform services on our behalf and help us run our business, including running our sites and contest, delivering our emails to you, analyzing the data we collect, and sending you the products and services you requested. We only share the personal information needed for these companies to complete the tasks we request. They are required to protect your information in the same way we do and will not share it or use it for any other purpose.
We share information on Social Media. Some of our websites may include social media links such as Facebook. If you click on any of these links, it may collect your IP Address and record which page you were visiting at the time. Social media may also use cookies so that the feature can function properly. Social media are hosted by third parties. When you’re clicking them, your personal data will be processed by that third-party according to their own privacy policies.
We don’t and won’t sell your personal information. We do not share your personal information with third parties except for some necessary business purposes permitted by law or you have given us your consent to do so. These third parties have agreed to maintain the confidentiality and security of the information. We won’t share your personal information outside WILDE WESTE PAINTBALL except:
When we need to enforce the Privacy Policy, Terms of Use or Cookie Policy;
When we need to protect the safety, security, rights and property of our company, our customers or third-party partners;
When we need to meet legal processes or if disclosure of the data is required by law; or
If a merger, acquisition or sale of assets ever meant we needed to share information with a third party. In this case, we will email you and post a notice on our website to publish the change of owner and we’d also tell you how your data would be used and give you options regarding your personal data.
DATA TRANSFERS, STORAGE AND PROCESSING
We ensure your personal data is protected by requiring all our companies and service providers to follow the same rules when processing your personal data. By using our Services, the transfer, collection, processing of data will occur as specified in this Privacy Policy, our Terms of Use, and any other terms provided at the time of collection. Whenever your personal information is transferred, stored or processed by us or by third parties carrying out such services on our behalf, we’ll take reasonable steps to safeguard the privacy of your personal information.
DATA SECURITY
WILDE WESTE PAINTBALL is committed to keeping your trust by protecting and securing your personal information. We have in place reasonable commercial standards of technology and operational security to protect all personal information provided to us from misuse, interference, loss, unauthorized access, modification or disclosure. We limit access to personal information to individuals with a business need consistent with the reason the information was provided.
The Internet is not 100% secure. We cannot promise that your use of our sites and apps will be completely safe. We encourage you to use caution when using the Internet. This includes not sharing your passwords. This Website may include links to third-party websites like Facebook or Walmart. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our Website, we encourage you to read the privacy notice of every Website you visit.
We will notify you and any applicable regulator of a data breach where we are legally required to do so.
HOW LONG WILL WE KEEP YOUR PERSONAL DATA?
We will only retain your personal data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
YOUR LEGAL RIGHTS
If you wish to unsubscribe from e.g. newsletters or marketing emails you will be able to do so via the link provided in those emails. If you wish to delete cookies placed, our cookie policy will help show you how to do that. Under certain circumstances, you have rights under data protection laws in relation to your personal data.
Request disclosure of your personal information or access to your personal data (commonly known as a “data subject access request”). This enables you to receive additional details or a copy of the personal data we hold about you and to check that we are lawfully processing it. The file containing your personal information will be kept on our servers and those of our service providers.
This right is subject to certain exceptions (see below) allowed by law.
Exceptions
Your right to access your personal information is not absolute. In some circumstances, the law permits us to refuse your request to provide you with access to your personal information. Such circumstances may include where:
access would pose a serious threat to the life or health of any individual;
access would have an unreasonable impact on the privacy of others;
the request is frivolous;
the information relates to a commercially-sensitive decision-making process;
access would be unlawful; or
access may prejudice enforcement activities, a security function or commercial negotiations.
Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request deletion or erasure of your personal information. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully, or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have over-riding legitimate grounds to use it.
Right of data portability. We will provide to you or a third party you have chosen your personal data in a readily useable format or in a structured, commonly used, machine-readable format. Note that this right is to in response to a request for disclosure or only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
Besides, we don’t have any automated processing including profiling. If you wish to exercise any of the rights set out above, or you have any complaint about our processing of your personal data, please see Contact Us. To check and confirm you are the right data subject, please provide us with your name and email address when you email us.
UPDATES TO THIS PRIVACY POLICY
We will update this Privacy Policy from time to time by posting it here. We will not change how we handle previously collected information without providing notice. If applicable, we will also obtain your consent. Please check our sites periodically for updates.
CONTACT US
To contact us with a query, request, complaint or a privacy question, visit: https://wildeweste.co.za/#Contact+us
A member of our Customer Service team will try to respond to all legitimate requests within one week. Occasionally it may take us longer if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
COOKIE POLICY
This Cookie Policy is issued on behalf of WILDE WESTE PAINTBALL. WILDE WESTE PAINTBALL is referred to in this Cookie Policy as “we”, “our” or “us”. The Cookie Policy applies to our website WILDEWESTE.co.za (however accessed or used), whether via personal computers, mobile devices, or other technology (“Device”) and other interactive features, applications or downloads that are operated by us that are available through these websites and contain this Cookie Policy produced and maintained by us (collectively “Website”). By using the Website, you acknowledge that you’ve read and understood this Cookie Policy.
WHAT IS A COOKIE?
When you interact with us on the internet, our system automatically sends you a “cookie”. A cookie is a small file placed on your computer’s hard drive by a website that you visit. It is used to handle your internet sessions on that device and contains a unique identifier.
WHAT ARE COOKIES USED FOR?
A cookie itself does not contain or collect information. It is not used to collect personal information. Like most websites, our online channels collect some information (e.g. information on IP addresses, browsers, internet service providers, referring pages, exit pages, operating systems, date stamps, time stamps and clickstream data). This information won’t be linked to any other information we collect about you unless you have consented to it.
Both we and our third-party tracking partners use cookies to analyse trends, administer the site, track user movement through the site and collect demographic information about our overall user base. We may receive reports on these from our third-party tracking partners on an individual and aggregate basis and those partners may combine that information with other information they have collected from you. The third-party tracking partners we work with is Google Analytics, a web analytics service provided by Google, Inc. Please be aware that Google, Inc. may combine that information with information they have collected from you elsewhere. We only collate the data into anonymous results in order to evaluate and improve our internet user ability and services.
THE COOKIES WE USE
Necessary cookies: Necessary cookies enable core functionality such as security, network management, and accessibility are therefore always enabled. We won’t ask for your consent to place those cookies because we have a legitimate purpose for setting them. You may disable it by changing your browser settings, but this may affect how the website functions.
Preference cookies: Preference cookies enables the website to remember information to customize how the website looks or behaves for each user. This may include storing selected regions, or languages. These cookies can be disabled and will not prevent use of the site.
Analytical cookies: Analytical cookies are not essential, but they are used to collect valuable information on how a website is being used. This information can help identify issues and figure out what needs to be improved on the site, as well as what content is useful to users. In most cases, the information collected by analytical cookies is anonymous, but some analytics services may collect information that can be used to identify the user.
You can see at any time which cookies are in use on our website by reviewing your cookie settings (cog wheel in the bottom left) under “Cookie declaration.
IS MY INFORMATION SAFE?
Yes. Cookies don’t allow us to access to any personal information about you. We only collate the data into anonymous results to evaluate and improve our internet user ability and services.
We respect your privacy. Read how to manage and control what information we collect from you in our full Privacy Policy
(https://awolpb.co.za/privacy-policy)
.
HOW LONG ARE THOSE COOKIES ALIVE?
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To keep your choices, cookies are stored on your device for up to 5 years since your last visit except for few occasions we need to keep longer like a lawsuit etc.