Important Notice |
(1) Please read our terms of use carefully. Your use of this web site and will be subject to the then current version of our terms available on this web site at the time of your use. If you do not accept our terms of use, you may not access our web site. (2) Our terms contain specific provisions to limit our liability. THESE TERMS HAVE BEEN SET OUT IN CAPITAL LETTERS. YOU SHOULD PAY PARTICULAR ATTENTION TO THESE TERMS SINCE THEY LIMIT YOUR ABILITY TO RECOVER LOSSES THAT YOU MAY INCUR IN CONNECTION WITH YOUR USE OF OUR WEB SITE. (3) We may change our terms of use from time to time. Such changes will take effect as and when published. Therefore, you should keep up-to-date with their content and read these terms of use at all times prior to using this web site since the then current version of the terms will apply to your use. |
Should you have any questions regarding this site or these terms of use, please contact our Web Administrator at info@gradlinc.co.za.
Part A: General Information
- “We” are Factory 209 (Pty) Ltd trading as Gradlinc and “us” and “our” have a corresponding meaning herein.
- We are a juristic person established in accordance with the laws of the Republic of South Africa with registration number 2018/095392/07.
- Our physical and postal address is situated in_Stellenbosch .
- Our telephone number is Tel: +27 (0)21 137 1744.
- Our email address is _info@gradlinc.co.za.
Part B: General Terms of Use
- Definitions
In these terms of use:
- “Services” means the services made available via this web site to persons who have subscribed to use such services;
- “You” means the user of this web site.
- Use of this website
- This web site provides general information about Route Networks and our offerings. Nothing contained on this web site should be viewed as an offer or professional advice of any kind. We may also enable users to subscribe to our Services (see Section C below).
- You may not access this site for any purpose other than for general informational purposes or to the extent required to enable you to register for or make use of our Services. You may not access our site for the purposes of redistributing or otherwise using any of the content displayed or contained on this site unless you are expressly licensed thereto by us in writing.
- You may not use your access to this site or our Services in a manner that would bring us, our business and/or any of our personnel into disrepute. Furthermore, you may not access this site for unlawful purposes or in a manner which infringes our rights or the rights of any other. You must comply with the laws, regulations and codes of conduct applicable to your use of this site.
- Notwithstanding that this site may contain links to third party web sites and that some third-party web sites may contain links to this site we do not control, endorse or approve the activities or content of any such third-party web sites. Please contact the relevant web site proprietor if you have a complaint about the activities or contents of a third-party web site.
- Proprietary rights (including without limitation, the trade marks, copyright and patent rights) in the components of this site, including such components and systems enabling any of the functionality of this site belong to us and our licensors. You may not make any use of such components save in the course of your use of our site in the normal manner as permitted by us.
- Your access of this web site is done at your own risk and you should be aware that viruses or code which may have a harmful effect on your computer system could be transmitted to you. You are responsible for implementing suitable protection mechanisms to prevent such harm from occurring.
- We also reserve the right, without notice and in our sole and absolute discretion, to make changes to any parts of the site inclusive of changes to these terms of use. It is your responsibility to review our terms of use on each occasion prior to making use of this site. If you continue to use this site after our amended terms of use has been posted on the web site, it will constitute a deemed acceptance of such amended terms of use. We specifically reserve the right at any time to change or discontinue without notice, any aspect and/or feature of this web site.
- You may provide and we may collect certain information about you and your use of our web site and services. We will collect, process, use and disclose such information strictly in accordance with our Client Information Processing Policy.
- We have to protect our business and secure our systems. Consequently, you should note that we may monitor and keep records of any communication that you may send to or receive via our web site and we may use, publish and disclose such communications for any lawful purpose. This may include our filtering of incoming and outgoing electronic data messages to identify, limit and/or prevent the transmission of unlawful or otherwise undesirable material or content.
- You are solely responsible for any and all costs that may apply to your access to and use of this web site and the services offered on it.
- These terms of use and the terms incorporated herein by reference and the relevant terms implied herein by applicable law constitute the entire agreement between you and us with respect to your use of this site. These terms of use shall override any contrary terms or conditions incorporated by you in your communications with us and any such conflicting terms or conditions will not form part of the agreement concluded between us. Hyperlinks, which are not operational, will not in any way detract from the validity and interpretation of the terms.
Part C: Services
- Qualifying persons may apply and register for our Services via this website at https://portal.gradlinc.co.za/account/create
- You must ensure that the information you provide to us in any application submitted is accurate and that you comply with any stated requirements, failing which we will be unable to process your request.
- WHEN YOU SUBMIT AN APPLICATION YOU WILL BE REQUIRED TO ACCEPT SPECIFIC TERMS AND CONDITIONS WHICH WILL GOVERN YOUR USE OF OUR SERVICES.
- If there is any conflict between these terms and conditions and the specific terms governing your use of our Services, the specific terms governing the Services will prevail to the extent of conflict.
- Disclaimer
YOU ACKNOWLEDGE THAT THE INFORMATION CONTAINED ON THIS WEBSITE IS OF A GENERAL NATURE ONLY AND THAT IT DOES NOT CONSTITUTE PROFESSIONAL ADVICE OF ANY KIND. WE DO NOT WARRANT THE ACCURACY OF ANY INFORMATION CONTAINED ON THIS WEBSITE. RELIANCE ON AND USE OF OUR WEB SITE, THE CONTENT DISPLAYED ON THE WEBSITE IS THEREFORE AT YOUR OWN RISK. IN NO EVENT WILL WE BE LIABLE FOR ANY INJURY, EXPENSE, LOSS OR DAMAGE OF ANY KIND IN CONTRACT, DELICT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE ARISING IN CONNECTION WITH YOUR RELIANCE ON OR USE OF THIS SITE OR THE CONTENT PROVIDED, SAVE TO THE EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED BY APPLICABLE LAW, AND YOU INDEMNIFY US AND OUR PERSONNEL AGAINST ANY AND ALL CLAIMS ARISING IN CONNECTION WITH SUCH RELIANCE OR USE, INCLUDING THIRD PARTY CLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
- Complaints and Disputes
- If you feel that you have cause to complain in connection with your use of our site, you can submit your complaint via email to our Web Administrator. We will try to do our best to resolve any problems that arise. We require that provide us with the following as part of your complaint:
- Your full names, physical address, telephone number and email address
- The location and description of the service feature which is the cause of your complaint
- The problem with the service or rights that you allege to be infringed by such feature or component
- The actions you would like us to take to remedy the problem
- A statement confirming that you are making the complaint in good faith
- A statement confirming that the information you are providing to us is to the best of your knowledge true and correct
- Please incorporate your signature into the complaint.
- Use of this web site is subject to the laws of the Republic of South Africa, and the exclusive jurisdiction of the Western Cape High Court, Cape Town provided that if any South African Magistrate’s Court has competent jurisdiction over your person to adjudicate on any dispute arising from or in connection with these terms of use, such Magistrate’s Court will also have jurisdiction to adjudicate the dispute notwithstanding that the amount in dispute may exceed such court’s jurisdiction.
- Our failure to enforce any provision of this agreement strictly will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable or invalid by any competent authority, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intent thereof, and the remainder of the provisions will remain in force and effect to the fullest extent permitted by the law.
IMPORTANT NOTICE |
(1) These terms will govern the services provided by Gradlinc via its online platform to prospective employers seeking qualified candidates for employment. Read this document carefully. You should contact Gradlinc if any part of this document is unclear. (2) Gradlinc may amend or update these terms from time to time (including in respect of fees payable for your use of our services). You should read these terms on each occasion when you make use of our services, as the amended terms will govern your continued use of such services after the effective date of such amendment. CONTINUED USE OF THE SERVICES DESCRIBED SHALL BE DEEMED TO CONSTITUTE AN ACCEPTANCE BY YOU OF THE AMENDED TERMS. (3) THESE TERMS CONTAIN SPECIFIC PROVISIONS TO LIMIT GRADLINC’S LIABILITY, ALLOCATE RISK OR LIABILITY TO YOU OR CONSTITUTE ACKNOWLEDGEMENT OF FACTS BY YOU. THESE TERMS HAVE BEEN SET OUT IN CAPITAL LETTERS. PARTICULAR ATTENTION SHOULD BE PAID TO THESE TERMS SINCE THEY LIMIT YOUR ABILITY TO RECOVER LOSSES INCURRED BY YOU IN CONNECTION WITH YOUR USE OF OUR SERVICES. |
- DEFINITIONS
- “Gradlinc”, “we”, “us” and “our” means Factory 209 (Pty) Ltd trading as Gradlinc, a South African company with registration number 2018/095392/07/, with address situated in Stellenbosch and telephone number +27 21 137 1744;
- “Gradlinc Platform” means the online platform located at https://gradlinc-employer.co.za/login ;
- “CandidateCandidate” means a person with a tertiary qualification who has registered with Gradlinc to use the Gradlinc Platform to seek employment opportunities with prospective employers;
- “Services” means the service pursuant to which you will be granted access to the Gradlinc Platform enabling you to view information of and to contact Candidates in connection with the possible employment of the Candidate;
- “you” and “your” means a person or entity making use of the Gradlinc Platform to benefit from the Services;
- THE GRADLINC PLATFORM
- Through the use of the Gradlinc Platform you will be able to view and solicit information about Candidates and to contact them directly with a view to assessing whether they will be suitable for employment with you. The Gradlinc Platforms has tools and functionalities which will enable you to search for suitable Candidates according to various categories relevant to the South African job market.
- In order to register for the Service and make use of the Gradlinc Platform, you will be required to provide complete and accurate information about your business and the type of Candidate you require. It is your responsibility and obligation to ensure that the information which you have provided to us remains up to date, relevant and complete. You can update the information provided at any time.
- You may be required to upload supporting documentation to enable us to verify your identity and the nature of your business.
- We may issue you with a user or access code which you will be required to use in order to access the Gradlinc Platform. You must keep such access code confidential and may not share it with any third party. YOU ARE RESPONSIBLE FOR ALL ACTIONS PERFORMED USING THE ACCESS CODE.
- SCOPE OF THE SERVICES
- The Service is designed to provide you with access to information about Candidates so that you can determine whether or not you want to contact them in connection with possible employment in your business. Any contact between you and a Candidate which takes place after the initial introduction facilitated by us through the Gradlinc Platform (including any subsequent dealings and negotiations between you and a Candidate relating to possible employment) is a direct relationship between you and the Candidate. Although the Gradlinc Platform may facilitate communications between you and a Candidate, we are not party thereto and do not endorse, advise on or otherwise monitor the content thereof.
- YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY AND COMPLETENESS OF THE INFORMATION WHICH YOU MAKE AVAILABLE TO US AND THE CANDIDATES, AND YOU ACCORDINGLY HEREBY INDEMNIFY US AGAINST ANY AND ALL CLAIMS BASED ON INACCURATE OR INCORRECT INFORMATION WHICH YOU PROVIDE TO OR RECEIVE ABOUT CANDIDATES.
- We do not act as your or any Candidate’s agent or representative, and accordingly cannot make any representations or undertakings on either your or any Candidate’s behalf. WE CANNOT GUARANTEE THAT CANDIDATES WILL TAKE UP EMPLOYMENT WITH YOU. IN PARTICULAR, WE ARE NOT A LABOUR BROKER NOR WILL WE PROCURE THAT CANDIDATES PROVIDE SERVICES TO YOU OTHER THAN AS YOUR EMPLOYEE.
- PERSONAL INFORMATION
- You will in connection with the Service be able to Process the Personal Information of Candidates which we make available to you via the Gradlinc Platform. “Process” and “Personal Information” will for the purposes of this clause 4 have the meanings ascribed to them under the Protection of Personal Information Act No. 4 of 2013 (“POPIA”).
- Candidates have consented to us providing their Personal Information to you solely to enable you to make use of the Service. YOU ACKNOWLEDGE THAT YOU WILL IN ALL RESPECTS IN CONNECTION WITH YOUR SUBSEQUENT PROCESSING OF SUCH PERSONAL INFORMATION BE THE “RESPONSIBLE PARTY” (AS THE TERM IS DEFINED UNDER POPIA) AND WILL ACCORDINGLY COMPLY WITH THE OBLIGATIONS OF THE RESPONSIBLE PARTY AS THEY ARE SET OUT UNDER POPIA. YOU HEREBY INDEMNIFY US AGAINST ALL CLAIMS, LOSSES, FINES, DAMAGES AND LIABILITIES IN CONNECTION WITH YOUR PROCESSING OF THE PERSONAL INFORMATION OF CANDIDATES.
- FEES AND PAYMENT
- We will charge you the fees specified at [insert webpage] (as may be updated from time to time), in connection with which the following will be applicable:
- Platform Fees will be payable on a transaction basis on a monthly basis in advance. The Platform Fees are payable in consideration for your access to the Gradlinc Platform; and
- .
- Amounts which are invoiced by us shall be paid within 7 (seven) days of the invoice date into the account designated for payment under the invoice. Our fees exclude all taxes, duties tariffs, rates, levies and other charges that may apply to our service, which you shall be liable to pay in addition to our fees.
- YOUR FAILURE TO PAY ANY AMOUNT WHICH IS DULY INVOICED BY US WILL RESULT IN US CHARGING INTEREST AT A RATE OF 2 % (TWO PERCENT) PER MONTH. SUCH INTEREST SHALL BE CALCULATED FROM THE DUE DATE FOR PAYMENT TO THE DATE OF ACTUAL PAYMENT, BOTH DAYS INCLUSIVE, COMPOUNDED MONTHLY IN ARREARS.
- TERM
- You will be permitted to access the Gradlinc Platform and make use of our Services for the duration that you are validly subscribed to do so. Your subscription to the Services will commence on the date that you complete the sign-up process on the Gradlinc Platform and will terminate on either of the following occurring:
- If your right to receive and make use of the Service is terminated in accordance with the provisions of these terms; or
- Upon the Service being discontinued by us.
- We may at any time suspend, restrict or terminate your access to or use of the Service, and will in particular do so:
- You are in breach of these terms;
- If in our reasonable opinion, you misuse or abuse the Service; or
- You supply false or inaccurate information to us, or if you fail to update your information.
- DISCLAIMERS
YOU ACKNOWLEDGE THAT THE SERVICES AND RELATED INFORMATION MADE AVAILABLE TO YOU BY US DO NOT CONSTITUTE PROFESSIONAL ADVICE OF ANY KIND AND THAT YOUR USE OF AND RELIANCE ON THE SERVICES ARE ACCORDINGLY AT YOUR OWN RISK.
WE WILL NOT BE LIABLE FOR ANY FAILURE BY YOU TO PROVIDE US WITH CORRECT, ACCURATE AND UP TO DATE INFORMATION, AND HEREBY AGREE TO INDEMNIFY AND HOLD US AND OUR PERSONNEL HARMLESS AGAINST ANY LOSSES OR CLAIMS MADE AGAINST US OR OUR PERSONNEL AS A RESULT OF SUCH FAILURE ON YOUR PART.
WE DO NOT WARRANT THAT THE SERVICES WILL ALWAYS BE AVAILABLE. WE RESERVE THE RIGHT TO CANCEL OR SUSPEND YOUR USE OF SERVICES AT ANY TIME IF WE SUSPECT THAT YOUR USE OF THE SERVICES ARE UNLAWFUL.
OUR TOTAL LIABILITY TO YOU IN RESPECT OF ANY BREACH BY US OF OUR OBLIGATIONS UNDER THESE TERMS SHALL NOT EXCEED AN AMOUNT WHICH IS EQUAL TO THE AMOUNT OF FEES WHICH YOU HAVE PAID TO US DURING THE THREE MONTHS PRECEDING THE DATE OF YOUR CLAIM, SAVE TO THE EXTENT THAT SUCH LIMITATION IS PROHIBITED BY APPLICABLE LAW.
IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, EXTRINSIC OR SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSSES (WHETHER FORESEEABLE OR UNFORESEEABLE) OF ANY KIND (INCLUDING, WITHOUT LIMITATION, IN RESPECT OF LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, BUSINESS INTERRUPTION OR THIRD PARTY CLAIMS) WHETHER BASED ON CONTRACT, DELICT, STATUTE OR OTHERWISE, EXCEPT TO THE EXTENT THAT THE LIMITATION OF LIABILITY IS NOT PERMITTED BY APPLICABLE LAW.
- GENERAL
- These terms constitute the entire agreement between the you and us in respect of your use of our Services and no other agreements, representation or warranty other than as contained in these terms will apply between us with respect your use of our Services.
- No amendment or modification to these terms shall be effective unless in writing and signed by authorised signatories of both parties.
- No latitude, granting of time or forbearance by either party hereto regarding the performance of the other party shall be or be deemed to be a waiver of any term or condition of these terms and no waiver of any breach shall operate a waiver of any continuing or subsequent breach. No waiver shall be effective unless it is expressly stated in writing and signed by the party giving it.
- These terms shall be governed and construed according to the laws of the Republic of South Africa and the Parties agree to submit to the exclusive jurisdiction of the Western Cape High Court, Cape Town regarding any and all disputes arising in connection with your use of the Services.
IMPORTANT NOTICE |
(1) These terms will govern the services provided by Gradlinc via its online platform to prospective employers seeking qualified candidates for employment. Read this document carefully. You should contact Gradlinc if any part of this document is unclear. (2) Gradlinc may amend or update these terms from time to time. You should read these terms on each occasion when you make use of our services, as the amended terms will govern your continued use of such services after the effective date of such amendment. CONTINUED USE OF THE SERVICES DESCRIBED SHALL BE DEEMED TO CONSTITUTE AN ACCEPTANCE BY YOU OF THE AMENDED TERMS. (3) THESE TERMS CONTAIN SPECIFIC PROVISIONS TO LIMIT GRADLINC’S LIABILITY, ALLOCATE RISK OR LIABILITY TO YOU OR CONSTITUTE ACKNOWLEDGEMENT OF FACTS BY YOU. THESE TERMS HAVE BEEN SET OUT IN CAPITAL LETTERS. PARTICULAR ATTENTION SHOULD BE PAID TO THESE TERMS SINCE THEY LIMIT YOUR ABILITY TO RECOVER LOSSES INCURRED BY YOU IN CONNECTION WITH YOUR USE OF OUR SERVICES. |
- DEFINITIONS
- “Employer” a person or entity making use of the Gradlinc Platform to engage with users of the Gradlinc Platform to potentially offer them work, employment or other career opportunities;
- “Gradlinc”, “we”, “us” and “our” means Factory 209 (Pty) Ltd trading as Gradlinc, a South African company with registration number 2018/095392/07, with address situated in Stellenbosch and telephone number +27 21 137 1744;
- “Gradlinc Platform” means the online platform located at https://portal.gradlinc.co.za/login ;
- “Profile” means your personalised profile created by you through the use of the tools and data forms made available to you on the Gradlinc Platform, and which is published on the Gradlinc Platform and made visible to other users of the Gradlinc Platform;
- “Services” means the service pursuant to which you will be granted access to the Gradlinc Platform enabling you to create and configure your Profile and to make use of the functionalities on the Gradlinc Platform;
- “you” and “your” means a user of the Gradlinc Platform who has validly subscribed to use the Services;
- THE GRADLINC PLATFORM
- The Gradlinc Platform provides you with tools which you can use to build and update your Profile through which you can interact with Employers and other users of the Gradlinc Platform. You will not be permitted to register more than one Profile.
- In order to register for the Service and make use of the Gradlinc Platform, you will be required to provide complete and accurate information about you and your academic qualifications. It is your responsibility and obligation to ensure that the information which you have provided to us remains up to date, relevant and complete. You can update the information on your Profile at any time.
- Upon registration on the Gradlinc Platform, you will receive notifications regarding opportunities including, but not limited to, job advertisements and events. You can disable these notifications on the Gradlinc Platform at any time.
- You may be required to upload supporting documentation to prove your academic qualifications and/or relevant work experience, which we may use in order to verify the information contained on your Profile or to share with Employers.
- We process your personal information in accordance with the provisions of our information processing policy available at
- We may issue you with a user or access code which you will be required to submit on each occasion where you access or make use of the Services. You must keep such access code confidential and may not share it with any third party. YOU ARE RESPONSIBLE FOR ALL ACTIONS PERFORMED USING THE ACCESS CODE.
- SCOPE OF THE SERVICES
- Our Service is designed to facilitate interactions between you and Employers. We do not act as your or an Employer’s agent or representative, and accordingly cannot make any representations or undertakings on your or any Employer’s behalf. WE ARE NOT LABOUR BROKERS OR EMPLOYMENT ADVISORS, AND ACCORDINGLY CANNOT GUARANTEE THAT YOU WILL FIND WORK OR EMPLOYMENT THROUGH THE USE OF OUR SERVICES.
- Any dealings or communications which occur between you and an Employer, whether through the Gradlinc Platform or otherwise, is a direct relationship between you and the Employer. Although such communications may occur via the Gradlinc Platform, we are not party thereto and do not represent either you or the Employer. YOU ARE ACCORDINGLY SOLELY RESPONSIBLE FOR THE ACCURACY AND COMPLETENESS OF THE INFORMATION WHICH YOU MAKE AVAILABLE TO EMPLOYERS, AND HEREBY INDEMNIFY US AGAINST ANY AND ALL CLAIMS BASED ON INACCURATE OR INCORRECT INFORMATION PUBLISHED ON YOUR PROFILE.
- SUBSCRIPTION PERIOD
- You will be permitted to make use of the Services indefinitely. Your access to the Services will commence on the date that you complete the account registration on the Gradlinc Platform. Your access to the Gradlinc Platform be terminated on either of the following occurring:
- If your right to receive and make use of the Service is terminated in accordance with the provisions of these terms; or
- Upon the Service being discontinued by us.
- We may at any time suspend, restrict or terminate your access to or use of the Service, and will in particular do so:
- You are in breach of these terms;
- If in our reasonable opinion, you misuse or abuse the Service;
- You supply false or inaccurate information to us, or if you fail to update your information; or
- Due to your inactivity on the Gradlinc Platform, which may be evidenced by your failure to keep the information published on your Profile current.
- DISCLAIMERS
YOU ACKNOWLEDGE THAT THE SERVICES AND RELATED INFORMATION MADE AVAILABLE TO YOU BY US DO NOT CONSTITUTE PROFESSIONAL ADVICE OF ANY KIND AND THAT YOUR USE OF AND RELIANCE ON THE SERVICES ARE ACCORDINGLY AT YOUR OWN RISK.
WE WILL NOT BE LIABLE FOR ANY FAILURE BY YOU TO PROVIDE US WITH CORRECT, ACCURATE AND UP TO DATE INFORMATION, AND HEREBY AGREE TO INDEMNIFY AND HOLD US AND OUR PERSONNEL HARMLESS AGAINST ANY LOSSES OR CLAIMS MADE AGAINST US OR OUR PERSONNEL AS A RESULT OF SUCH FAILURE ON YOUR PART.
WE DO NOT WARRANT THAT THE SERVICES WILL ALWAYS BE AVAILABLE. WE RESERVE THE RIGHT TO CANCEL OR SUSPEND YOUR USE OF SERVICES AT ANY TIME IF WE SUSPECT THAT YOUR USE OF THE SERVICES ARE UNLAWFUL.
IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXTRINSIC OR SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSSES (WHETHER FORESEEABLE OR UNFORESEEABLE) OF ANY KIND (INCLUDING, WITHOUT LIMITATION, IN RESPECT OF LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, BUSINESS INTERRUPTION, THIRD PARTY CLAIMS OR OTHER PECUNIARY LOSS), WHETHER BASED ON CONTRACT, DELICT, STATUTE OR OTHERWISE, EXCEPT TO THE EXTENT THAT THE LIMITATION OF LIABILITY IS NOT PERMITTED BY APPLICABLE LAW.
- GENERAL
- These terms constitute the entire agreement between the you and us in respect of your use of our Services and no other agreements, representation or warranty other than as contained in these terms will apply between us with respect your use of our Services.
- No amendment or modification to these terms shall be effective unless in writing and signed by authorised signatories of both parties.
- No latitude, granting of time or forbearance by either party hereto regarding the performance of the other party shall be or be deemed to be a waiver of any term or condition of these terms and no waiver of any breach shall operate a waiver of any continuing or subsequent breach. No waiver shall be effective unless it is expressly stated in writing and signed by the party giving it.
- These terms shall be governed and construed according to the laws of the Republic of South Africa and the Parties agree to submit to the exclusive jurisdiction of the Western Cape High Court, Cape Town regarding any and all disputes arising in connection with your use of the Services.
We are committed to protecting your privacy. We respect your rights to your personal information. For this reason, we have developed this policy to govern our processing of your personal information. This document sets out:
- How we collect your personal information;
- What types of personal information we collect and hold about you;
- The purposes for which we use such personal information;
- Your rights to your personal information held by us.
Who we are
When we refer to “we”, “us” or “our” herein we are referring to Factory 209 (Pty) Ltd trading as Gradlinc (Registration Number 2018/095392/07) and its affiliated group companies, or any of them, as the context requires, as well as our successors in title. Our principal place of business is at _Stellenbosch_ but we recommend you contact us via telephone at +27 (0)21 _137 1744_ or electronic mail at _info@gradlinc.co.za____.
How we collect information
We collect information about you directly from you as well from third parties and publicly accessible sources. The means and sources we use to collect information about you is as follows:
- From you, when you make use of our website, enquire about or subscribe to our services, as well as when you subscribe to our newsletters or consent to receiving communications from us;
- From public registers, credit bureaus, money laundering, fraud prevention and law enforcement agencies;
- From our business partners and the persons employed by us to provide services for us, which may include debt collection services, communications services and data hosting, processing and management services;
- From such persons or entities which may be legally entitled to provide us with information about you; and
- From persons or entities which you may consent to providing us with information about you.
Information we hold about you
We record and hold the following types of information about you:
- Details of when you contact us and when we contact you, including the IP addresses when you contact us via electronic mail or through our website, electronic mail addresses and telephone numbers you contact us from as well as the content of the communications between us, which we may record;
- All information contained in the forms, requests or orders you submit to us, via electronic mail, our website or using any other means;
- Details about you which you provide to us to enable your use of our products or services, including your name, contact details, identity number and place of residence;
- Information received pursuant to our enquiries with public registers, credit bureaus, money laundering, fraud prevention and law enforcement agencies; and
- Details of your preferences regarding our products and services, including which of our products or services you have made enquiries with us about.
We may hold your personal information for at least 5 years calculated from the date of collection, or for as long as you subscribe to any of our services and 5 years thereafter, as the case may be, subject thereto that in either case we shall not hold your personal information for a period which exceeds the maximum period permitted by applicable law.
The purposes for which we use your personal information
Certain of the information which we collect about you, as identified below, we need to use in order to enable you to make use of our services, including to process your requests in connection with your use of our services and to exercise our rights under agreements we have with you. If we do not have the right to use such information it will not be possible for you to make use of our services or for us to process requests related thereto. Such information includes:
- Your name, contact details, identity number and place of residence;
- Your race and ethnicity, language preferences and gender;
- Your education, formal qualifications and expertise;
- Your academic records and curriculum vitae;
- Your employment history and status;
- Your preferences regarding our services which you make use of or have made enquiries about;
- The information about you which we have received from public registers, credit bureaus, money laundering, fraud prevention and law enforcement agencies; and
- The information which you and third parties have provided to us which we need to verify that the information which we have received from or about you are accurate, complete and up to date.
Other information about you which we hold and which we do not need for purposes of providing our services to you, and in respect of which we require your consent to use, will be used by us only for the purposes as agreed to by you. We may also use information we hold about you for purposes required by or as permitted under applicable law.
Sharing your information
Keeping your personal information secure is one of our most important responsibilities. We cannot disclose your information unless legally permitted thereto. Save as set out below, we will not transfer your information to a third party without your consent unless legally obliged thereto. In particular, we do not sell lists or databases with our clients’ information and will not provide any of your information to entities outside our group so as to permit them to market their products or services to you. You agree that we may share and publish your information in pursuit of the data processing purposes set out in this policy in the following manner:
- On our platforms through which we make available our services to you, currently located at https://portal.gradlinc.co.za/login ;
- With persons whom you permit to access your information in connection with your use of our services, or to whom we disclose your information based on your consent;
- With all persons in our employ or in the employ of our affiliated companies, including to our directors, employees, contractors, agents, auditors, legal and other professional advisors and of our affiliated companies;
- With governmental, judicial, regulatory and law enforcement bodies and agencies;
- With persons employed by us to provide services on our behalf that adhere to principles similar to ours regarding the treatment of your information, including delivery, debt collection, data hosting, processing and management services;
- With any person to whom we cede, delegate, transfer or assign any of our rights or obligations pertaining to the services provided to you or contracts concluded with you;
- With any person that acts as your legal guardian, executor of your estate, curator or in a similar capacity;
- With such other persons as may be permitted by applicable law or that you may consent to.
Security
We will strive at all times to ensure that your records will always be protected against unauthorised or accidental access, processing or loss. We maintain this commitment to data security by implementing appropriate reasonable technical and organisational measures to safeguard and secure your information. If we use a third party to host, manage or process your data on our behalf we will require that such third party also commit to implementing appropriate reasonable technical and organisational measures to safeguard and secure your information. If we are not prevented by a law enforcement or regulatory agency, we will notify you without undue delay if we believe that unauthorised access to your information may have occurred, providing you with such information as you may reasonably require to implement protective measures.
Web Sites
When you visit our site we may collect certain information about your usage preferences and history. Such information will be stored in a cookie on your computer’s hard drive by your web browser. Cookies are intended to assist and improve your use of our web sites. Most browsers accept cookies automatically, but usually you can alter the settings of your browser to prevent automatic acceptance. If you choose not to receive cookies, you may not be able to use all of the features of our site.
Every time you connect to our web sites we store web server logs which show your IP address (the unique number which your machine uses when it is connected to the Internet); what you looked at; whether the page request was successful or not, and which browser you used to view the pages. The use of this data is strictly for statistical and personalisation purposes only. This helps us understand which areas of the site are of particular interest and also which pages are not being requested. It also tells us how many hits and page requests we get.
Your rights regarding your information
Provided that you give us suitable and adequate proof of your identity, you have the right:
- To know which records we hold about you;
- If our right to process your personal information requires your consent, to withdraw such consent at any time, provided that this shall not affect the lawfulness of processing which occurred prior to such withdrawal;
- To object to the further collection, use, sharing or processing of your personal information by us at any time where such processing activities are not required by us to comply with our obligations under any agreement we have with you, to exercise our rights, or for such other purposes as may be required or permitted by applicable law; and
- to require us to correct, erase or cease processing information or records we hold about you and for which we require your consent to process, or that we are no longer permitted to retain, or which are inaccurate, irrelevant, excessive, out of date, incomplete, misleading or has been unlawfully obtained;
Any of the above can be done by contacting us directly by any means provided by us, including by submitting a written request to us via email at info@gradlinc.co.za. We will notify you of the steps taken as a result of your request. We will not be obliged to provide you with information or agree to your request to the extent that we are prohibited thereto by applicable law, if compliance would unreasonably prejudice our legitimate interests or that of a third party, or if we have a legal basis upon which to deny your request. Please note that we may require a reasonable period to comply with your request.
