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Rain takes privacy seriously. The following principles underpin our approach to respecting your privacy: We value the trust that you place in us by giving us your personal information. We will always use your personal information in a way that is fair and worthy of that trust.
We will provide clear information about how we use your personal information. We will always be transparent with you about what information we collect, what we do with it, with whom we share it and who you should contact if you have any concerns.
We will take all reasonable steps to protect your information from misuse and keep it secure. We will comply with all applicable data protection laws and regulations and we will co-operate with data protection authorities. In the absence of data protection legislation, we will act in accordance with generally accepted principles governing data protection.
The views expressed in this email are, unless otherwise stated, those of the author and not those of Rain (Pty) Ltd. its associated companies, management or shareholders. If you are not the intended recipient, any disclosure or distribution is prohibited and may be unlawful. Whilst all reasonable steps are taken to ensure the accuracy and confidentiality of information, no liability is accepted if information is for whatever reason corrupted or does not reach its intended destination.
These General Terms and Conditions were last updated on 1 October 2017.
By using and/or accessing any of the pages available on this site as well as any of the online services, you accept and agree to comply with the General Terms and Conditions contained herein. We recommend that you print a copy of this for future reference.
Your access to and use of our website, is subject to these General Terms and Conditions, as well as any other policy documents available on the Rain website.
Please leave the website and cease to make use of the online services if you do not agree with the General Terms and Conditions.
The provisions of these General Terms and Conditions contain assumptions of risk and/or liability by you and limit and exclude liabilities, obligations and legal responsibilities, which we will have towards you and other persons. These provisions also limit and exclude your rights and remedies against us and place various risks, liabilities, obligations and legal responsibilities on you. These provisions may result in your being responsible for paying additional costs and amounts and we may also have claims and other rights against you.
To the extent that any services or goods provided under these General Terms and Conditions are governed by the CPA, no provision in these General Terms and Conditions is intended to contravene the applicable provisions of the CPA, and therefore all provisions of these General Terms and Conditions must be treated as being qualified, to the extent necessary, to ensure compliance with the applicable provisions of the CPA to the extent it may be applicable.
1.1 "Advanced Electronic Signature" shall have the meaning as defined in Electronic Communications and Transactions, No. 25 of 2002;
1.2 "Affiliate" means, in relation to Rain, any other person directly or indirectly controlling, controlled by or under its common control;
1.3“CPA” means the Consumer Protection Act 68 of 2008, as amended, varied, novated or substituted from time to time;
1.4 “General Terms and Conditions” has the meaning set out above;
1.5 "intellectual property" shall includeall and any intellectual property including, without limitation: (a) all patents and applications therefor and all reissues, divisions, renewals, extensions, provisionals, continuations and continuations-in-part thereof; (b) all inventions (whether patentable or not), invention disclosures, improvements, proprietary and confidential information, trade secrets, know-how, technology, technical data, utility models, topography rights and customer lists, and all documentation relating to any of the foregoing; (c) all copyrights, copyright registrations and applications therefor, and all other rights corresponding thereto; (d) all industrial designs and any registrations and applications therefor; (e) all internet uniform resource locators and domain names and all goodwill associated with or pertaining to any of the foregoing, (f) all trade names, business names, logos, slogans, designs, rights in trade dress or get-up, common law trade marks and service marks, trade mark and service mark registrations and applications therefor and all goodwill, rights to sue for passing off, and unfair competition rights, associated with or pertaining to any of the foregoing; (g) all software, databases and data collections and all rights therein; (h) all moral and economic rights of authors and inventors, however denominated; (i) all social media accounts including all log in and password details to such accounts and content; and (j) all rights arising out of or associated with any of the foregoing, including all rights to sue and recover damages for past, present and future infringement, misappropriation, dilution or other violation of any of the foregoing; and (k) all rights or forms of protection having equivalent or similar effect to any of the aforementioned, which may subsist in any country in the world;
1.6 "online services" means provision of access to our website and any other service we offer electronically via our website;
1.7 "personal information” has the meaning given to such term in POPI;
1.8 “POPI” means the Protection of Personal Information Act 4 of 2013, whether or not fully in force and effect, and as amended, varied, novated or substituted from time to time;
1.9 “our site”, “site”, “our website” and “website” means our website with the address www.rain.co.za, or any other website notified by us from time to time, or any website with a URL that is validly registered to Rain.
1.10 “us”, “our”, “we” and “Rain” means Rain (Pty) Ltd including its Affiliates, a company registered in accordance with the laws of the Republic or South Africa, with registration number 2004/029951/07; and
1.11 “you” and “your” means any person who enters or uses the site, including any legal guardian acting on your behalf.
2.1 The Rain website may only be used for lawful purposes.
2.2 You warrant that you will not use the website and online services for any of the following:
2.2.1 any illegal purposes or in any way that is in violation of any applicable local, national or international law or regulation;
2.2.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
2.2.3 for harmful purposes, or attempting to harm minors in any way;
2.2.4 commercial and non-private purposes;
2.2.5 to send, knowingly receive, upload, download, use or re-use any material which does not comply with these General Terms and Conditions;
2.2.6 to disclose, share or publish material that is defamatory, offensive, obscene, objectionable, menacing, sexist, racist, pornographic or prohibited;
2.2.7 to transmit material that is in breach of confidence or in breach of any intellectual property rights;
2.2.8 to make use of services for the formation, storage or disbursement of or to otherwise transmit or procure the sending of “junk mail”, “spam”, chain letters, SMS, and/or any other unsolicited or unauthorised communication; and
2.2.9 to knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of our website or system (including, but limited to servers, computers or databases connected to the site).
2.3 You may not for purposes other than your personal use and/or non-commerce use, store or print copies of the website. You may not cache information provided by the site on your own server and copy, adapt or modify or re-use the content of the website without the prior written consent of Rain.
2.4 You also agree:
2.4.1 not to reproduce, duplicate, copy or re-sell any part of our site (including any content contained on it) or the online services in contravention of the General Terms and Conditions;
2.4.2 not to access without authority, interfere with, damage or disrupt:
188.8.131.52 any part of the site;
184.108.40.206 any equipment or network on which the site is stored;
220.127.116.11 any software used in the provision of our site; or
18.104.22.168 any equipment or network or software owned or used by any third party.
2.5 RAIN DOES NOT GUARANTEE THAT THE SITE, OR ANY CONTENT ON IT, WILL ALWAYS BE AVAILABLE OR BE UNINTERRUPTED. ACCESS TO THE SITE IS PERMITTED ON A TEMPORARY BASIS. WE MAY SUSPEND, WITHDRAW, DISCONTINUE OR CHANGE ALL OR ANY PART OF OUR SITE WITHOUT NOTICE.
2.6 RAIN IS NOT BE LIABLE TO YOU IF FOR ANY REASON THE SITE IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD.
2.8 Should you commit a breach of this provision, you agree that we are entitled to report such breach to the relevant law enforcement authorities and to co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site, the online services and any content contained therein will cease immediately.
3.1 Whilst we take all reasonable steps to keep the information up to date and correct, and to ensure the proper performance of the website and online services, we make no representations, warranties or guarantees of any kind, express or implied, about the completeness, accuracy, sufficiency, reliability, suitability or availability with respect to the website or the information, products, services or related graphics or other content contained on the website for any purpose. ANY RELIANCE THAT YOU PLACE ON SUCH INFORMATION AND THE USE OF THE ONLINE SERVICES IS THEREFORE STRICTLY AT YOUR OWN RISK.
3.2 The content on the site is provided for general information only. It is not intended to amount to advice, on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the site. IF YOU DO RELY ON INFORMATION ON THE SITE OR TAKE ANY ACTION OR REFRAIN FROM TAKING ACTION ON THE BASIS OF SUCH INFORMATION, WE SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES, LOSS OR INJURY SUFFERED BY YOU AS A RESULT THEREOF.
3.3 To the extent permitted by applicable law, in no event will we be liable for any loss or damage, including without limitation, indirect or consequential loss or damage, and/or loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website. Rain does not guarantee that the site and the contents thereof, or the use of the site, the contents, Rain servers nor any electronic communication sent by Rain, is free of bugs, viruses or any other harmful or potentially harmful or destructive components or code, will be uninterrupted, complete, timely and/or secure. You are responsible for configuring Your information technology, computer programmes and platform in order to access our site and the online services. You should use your own virus protection software.
3.4 The site, online services, information, content and material contained on this website is made available for general information purposes only and is provided an "as is" and "as available" basis. It is provided without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Rain provides you with the site on the basis that it excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for these General Terms and Conditions, might have effect in relation to the site.
3.5 Our site and the online services are exclusively intended for use by users from and within South Africa. While our site and the online services are available for use by users from and within countries other than South Africa, we cannot guarantee that our site or online services comply with the applicable law of, or is appropriate for use in, other jurisdictions. You acknowledge and accept that unless expressly stated otherwise, your use of our site and online services shall be subject to and in accordance with the law of the Republic of South Africa.
3.6 If you have any comments about our site or the online services, or believe that there is any untrue, inaccurate, illegal, infringing or harmful content or material on our site or the online services, or would like to provide us with any other feedback, please contact us at firstname.lastname@example.org.
This site may contain hyperlinks to third party sites. Rain holds no responsibility for the nature, content and availability of such sites. The hyperlinks do not constitute an express or implied endorsement sponsorship, affiliation or recommendation by Rain whatsoever. The sites are provided for customer convenience and for your information only. The website and online services provided by third parties are used at your own risk. Rain accepts no responsibility, and cannot be held liable, for any damages whatsoever resulting from or related to the website and/or online services being temporarily unavailable due to technical issues beyond our control. WE HAVE NO CONTROL OVER THE CONTENTS OF THOSE SITES (OR ANY AMENDMENTS THERETO) OR RESOURCES, AND CANNOT BE HELD LIABLE FOR ANY LOSS CAUSED, OR LIABILITY INCURRED BY YOU, AS A RESULT OF YOUR USE OF SUCH SITES AND RESOURCES, OR ANY CONTENT CONTAINED ON SUCH SITES.
5.1 We will determine, in our sole discretion, whether there has been a breach of these General Terms and Conditions through your use of our site and/or the online services. When such a breach has occurred, we may take such action as we deem appropriate, including but not limited to all remedies listed in clause 5.2 below.
5.2 Failure to comply with these General Terms and Conditions may result in our taking all or any of the following actions:
5.2.1 immediate, temporary or permanent withdrawal of your right and ability to use our site and/or any of the online services;
5.2.2 issue of a warning to you;
5.2.3 legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
5.2.4 further legal action against you;
5.2.5 disclosure of such content and information about or relating to you, to law enforcement authorities as we reasonably feel is necessary.
5.3 We exclude liability for actions taken in response to breaches of these General Terms and Conditions. The remedies described above are not limited, and we may take any other lawful action we reasonably deem appropriate.
6.1 NOTHING IN THESE GENERAL TERMS AND CONDITIONS EXCLUDES OR LIMITS RAIN’S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, OR OUR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY SOUTH AFRICAN LAW.
6.2 WE WILL NOT BE LIABLE TO ANY YOU FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, DELICT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH:
6.2.1 USE OF, OR INABILITY TO USE, OUR SITE; OR
6.2.2 USE OF OR RELIANCE ON ANY CONTENT DISPLAYED ON OUR SITE;
6.2.3 IF YOU ARE A BUSINESS USER, PLEASE NOTE THAT IN PARTICULAR, RAIN WILL NOT BE LIABLE FOR;
22.214.171.124 LOSS OF PROFITS, SALES, BUSINESS, OR REVENUE;
126.96.36.199 BUSINESS INTERRUPTION;
188.8.131.52 LOSS OF ANTICIPATED SAVINGS;
184.108.40.206 LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION; OR
220.127.116.11 ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE.
6.2.4 IF YOU ARE A CONSUMER USER, PLEASE NOTE THAT RAIN ONLY PROVIDES THE SITE FOR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE OUR SITE FOR ANY COMMERCIAL OR BUSINESS PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE, LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.
6.3 RAIN WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A VIRUS, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR SITE, OR TO YOUR DOWNLOADING OF ANY CONTENT ON IT, OR ON ANY WEBSITE LINKED TO IT.
6.4 To the full extent permitted by the law, you indemnify and hold Rain harmless against all and any loss, liability, actions, suites, proceedings, costs, demands and damages that may arise directly or indirectly from a breach of the General Terms and Conditions by you, or arising out of or in connection with the failure or delay in the performance of the online services and/or your use of the online services, excluding losses caused by the gross negligence or intentional misconduct by Rain.
6.5 Rain shall not be liable for the failure to perform any obligations as a result of any circumstances which may be out of Rain’s reasonable control, including but not limited to any technical problems related to the network operations, the terminations of the licenses to operate the network, an act of God, government intervention, restrictions or prohibitions due to government act or omission, act of default or lapse by any supplier or subcontractor or sub processor, industrial disputes and/or any other cause that is beyond the control of Rain. In the event of such circumstances, Rain’s obligations shall be delayed accordingly.
6.6 You accept that some of the information, content, tools or materials on the site come from external sources, and you agree that Rain is not responsible nor liable for any of the information and content that has been received from these external sources.
7.1 Rain reserves, to the fullest extent permitted by law, the right to alter, delete and/or insert (change) any terms and conditions (including these General Terms and Conditions), content, online services and the like contained herein and on the site.
7.2 Any changes made, to these General Terms and Conditions or to any other terms and conditions, may be made by Rain at any time and may be made without prior notice or explanation to you. Such changes will be made available on the site and your continued use of the site will mean that you accept and agree to such changes. Please check this page from time to time to take notice of any changes we may have made, as they are binding on you from the date of posting. We may also, at our discretion, notify you of such changes, BUT WE ARE UNDER NO OBLIGATION TO DO SO AND IT IS YOUR RESPONSIBILITY TO CHECK THIS PAGE ON A REGULAR BASIS TO ENSURE THAT YOU ARE MADE AWARE OF THE TERMS OF THESE GENERAL TERMS AND CONDITIONS AS UPDATED FROM TIME TO TIME.
7.3 In addition, Rain may make changes to the material on the site, the online services, or to the products and services described in it, at any time without notice. The material on the site may be out of date, and Rain makes no commitment to update such material. In addition, Rain may alter, modify, upgrade, update, suspend or remove the site or any part hereof without notice. We do not guarantee that the site, the online services or any content or material on the site will be free from errors or omissions.
7.4 Please ensure that you familiarize yourself with the contents of this site on a regular basis.
The following terms and conditions shall apply to all electronic communications (and attachments) that are transmitted to you by Rain:
8.1 By visiting the site or sending us emails, you agree that we may communicate with you electronically.
8.2 Any electronic communication sent to you from Rain, will be regarded to have been received by you, upon being sent by us. This includes, but is not limited to mobile push notifications.
8.3 You accept that all agreements, notices, disclosures and other communications that are sent to you electronically, meet any legal requirement that communications shall be in writing.
8.4 Should an agreement be negotiated, whether partly or wholly via electronic means, it will only bind Rain if the following is met:
8.4.1 an Advanced Electronic Signature, of a duly authorized member of the board of directors (“director”) of Rain is required to be used for and attached to any electronic communication containing an offer and/or acceptance by Rain, as the case may be; and
8.4.2 should Rain act as the offeror, the agreement will have been concluded at the time and place where the acceptance of the offer was received by the director, acting on behalf of Rain, and acknowledging receipt thereof in writing (expressly and/or manually).
8.5 An electronic communication shall be considered as being sent only if:
8.5.1 a director, acting on behalf of Rain, sent it personally; or
8.5.2 it was sent by a duly authorized person, who acted on behalf of the director (acting on behalf of Rain).
8.6 The contents of the electronic communication are subject to the terms and conditions contained in any applicable governing agreement.
8.7 The complete and accurate transmission of information, the electronic communication itself and delay in receipt thereof, is not the responsibility of Rain.
9.1 Should you receive an email that appears to be from Rain, and that requests you provide personal information or verify your account by clicking on a link, you have in all probability been sent an email from a “spoofer” or “phisher”.
You will not be asked to provide personal information in an email, and we suggest that you do not respond to such email and do not click on any links that may have been included. Rain will not be held liable for any consequences resulting from your response to an email sent by a “phisher” or “spoofer” and any response you provide is at your own risk.
10.2 These General Terms and Conditions are entered into between you and Rain and you warrant that you are over the age of 18 and are legally able to enter into contracts. In the event that you are not over the age of 18, or are not able to legally able to enter into contracts, your parent or guardian warrants that it is able to do so on your behalf.
It is your responsibility to obtain and manage, at your own expense the necessary means to access and use our website and online service provided and/or download the contents thereof. Rain shall in no way be held responsible for the acquiring, use and disposal of such software and equipment.
12.1 While all reasonable steps shall be taken by Rain to ensure that the content of the website and online services provided and information collected is not accessed or disclosed to unauthorized third parties, we do not make any warranties or representations in this regard.
12.2 While Rain has implemented policies, processes and technology aimed at protecting the personal information provided by users of the website, which are updated as necessary, you agree that we are not responsible for the policies and procedures of the sites that you may access through links from our website.
12.3 Internet communications are by nature, inherently insecure and unless that have been encrypted. We therefore assume no responsibility or liability in terms of any personal information whatsoever that be intercepted or lost, beyond our reasonable control.
13.1 Admission to the online service may be classified as “transactions” as defined in terms of the Electronic Communications and Transactions Act, No. 125 of 2002 (“ECTA”) and therefore you may be entitled to the rights as defined under the ECTA.
13.2 Accordingly, Rain provides the following information:
13.2.1 The full name and legal status of the website owner: Rain (Pty) Ltd, a private company of limited liability, incorporated in the Republic of South Africa under registration number 2004/029951/07;
13.2.2 Street Address: 3012A, William Nicol Drive, Bryanston, 2021;
13.2.3 Postal Address: PO Box 651921, Benmore, 2010;
13.2.4 Physical Address for Receipt of legal service: 3012A William Nicol Drive, Bryanston, 2021;
13.2.5 Telephone number: (+27) 87 727 6000
13.2.6 Main business: Electronic Communication Services Provider;
13.2.7 The website address of the Rain website is: http://www.rain.co.za;
13.2.8 The official e-mail address of the Rain website is: email@example.com;
13.2.9 Access to and use of the Rain website is provided free of charge; and
13.2.10 Membership of self-regulatory or accreditation bodies: ICASA (The Independent Communication Authority of South Africa).
Further information regarding particular transactions entered into by means of electronic communication via our website will be provided prior to the conclusion thereof.
14.1 The intellectual property on this site, the content and all material published on it, and the online services, is owned and/or licensed by Rain, any use thereof requires Rain's prior written consent. All our rights remain strictly reserved.
14.2 You may print off one copy, and may download extracts, of any page(s) from the site for your personal use and you may draw the attention of others within your organisation to content posted on the site.
14.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
14.4 Rain’s status (and that of any identified contributors) as the authors of content on the site must always be acknowledged.
14.5 You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from Rain or its licensors.
The website is hosted, controlled and governed by the laws of the Republic of South Africa, and you hereby submit to the jurisdiction of the South African courts by accessing and using the site. The General Terms and Conditions must therefore be construed in terms of the laws of the Republic of South Africa.
16.1 If Rain fails to exercise any particular right or provision, this does not constitute a waiver of any right or provision of these General Terms and Conditions, unless Rain expressly waives such right or provision in writing.
16.2 These General Terms and Conditions are deemed to be severable. Thus, if any provision contained herein is held to be illegal, invalid or unenforceable, then such provision is deemed to be deleted without affecting the remaining provisions.
16.3 These General Terms and Conditions constitute the entire agreement between us and you, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us and you, whether written or oral, relating to its subject matter, including but not limited to any and all prior versions of these General Terms and Conditions that may have been published on our site.
Rain is committed to protecting your privacy and personal information and complying with applicable data protection and privacy laws in South Africa when you access our site, and accordingly, shall take all reasonable steps, including technological, procedural and controls, to protect your personal information. Any personal information that you provide when accessing the site will be used and retained in accordance with this Part B of these General Terms and Conditions and all other relevant codes and standards. This Part B of these General Terms and Conditions is intended to inform you of the privacy practices that apply to your access and use of the site, and to explain how we collect, store, use, transfer and disclose your personal information. We also describe the kinds of information that Rain collects from you.
We use the term “personal information” or “personal data” to mean information that relates to you. Personal information includes, for example, your name, contact information including your cell phone number, email address, identity number, age, gender, income, ethnic group and information relating to your education, criminal, employment, and/or financial history. Information that is not linked to a particular individual, such as statistical or aggregated information, is not personal information and is not covered by this Part B of these General Terms and Conditions. We may collect, process, use, disclose and transfer non-personal information for any purpose. You can choose not to provide personal information that we may request of you, but, in general, most of the personal information we request is required in order to provide the online services, and the lack of such personal information may prevent us from doing so.
Generally, we may collect personal information about you when you visit the site and/or subscribe for the services offered on the site. We may also collect information about you when you use the site, report a problem with the site, use support services, or communicate with us. In addition, information may be collection when you respond to customer surveys, and promotions. What is mentioned above is not a complete list of all the ways that we could collect information. We set out below information that may be collected and process:
1.1 information that you provide on or through our site or the online services. This includes information provided at the time of registering to use our site (if applicable), receive maintenance, making payments or posting material. We may also ask you for information when you report a problem with our site or the online services;
1.2 details of your visits to and use of our site including, but not limited to, traffic data, location data, weblogs, service provider page viewing statistics and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access;
1.3 details about problems that may occur when you utilise our services, and/or use our help desk, if applicable; 1.4 information related to you and your use of our site and/or the online services, including but not limited to: your online activity, contributions, payment history, correspondence, internet protocol addresses, device and software data (such as type, configuration and unique identifiers);
1.5 a record of correspondence if you contact us;
1.6 information obtained from surveys that we may ask you to voluntarily complete from time to time, which we use for research purposes;
1.7 information posted by you pursuant to reviews of our site and the online services; and
1.8 any other information that may be necessary: (i) to carry out actions for the conclusion or performance of a contract to which you are a party; (ii) to comply with an obligation imposed on us by law; (iii) to protect your legitimate interest; (iv) to pursue a legitimate interest of ours or of a third party to whom the information is supplied.
Rain may also collect non-personal information such as your IP address, date, time and duration of your visits to the website and browser history to track your visits to the website so that we are able to deliver a more personalized experience. This information is used to develop future products and/or services that meet your requirements and needs.
Internet protocol addresses. We may collect information about your device, including where available your internet protocol address, operating system and browser type, for system administration and to report aggregate information to our advertisers and/or service providers. This is statistical information about your browsing actions and patterns, and does not identify you.
The information that we collect from you may be transferred to, and stored at, a destination outside of South Africa. It may also be processed by staff members operating outside of South Africa who work for us or for one of our service providers (including but not limited to payment processors, cloud service or other information technology providers, and other companies that provide services to us). Such staff members may be engaged in, among other things, the provision of the service or the provision of maintenance and support services. By submitting your personal information, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your information is treated securely and in accordance with these General Terms and Conditions and in accordance with the terms of POPI.
3.1 For us to make your use of the site and online services as successful as possible, Rain collects, stores and uses your personal information. Below are some of the purposes for us collecting your personal information, in relation to which purposes you hereby expressly consent to our processing your personal information:
3.1.1 to communicate requested information and services to you;
3.1.2 to authenticate the user and provide access to restricted pages;
3.1.3 to create products or services that may meet your future requirements;
3.1.4 to compile non-personal statistical information about browsing habits, click-patterns and access to the Rain website;
3.1.5 to ensure that content on our site and the online services are presented in the most effective manner for you and for your computer or other device;
3.1.6 to provide you, or allow our service providers to provide you, with information, products or services that you request from us or which we feel may interest you (such as newsletters, messages about new features, special offers, promotional announcements, consumer surveys and other marketing concerning our site and the online services), where you have expressly consented to be contacted for such purposes;
3.1.7 to determine your general geographic location, enforce the terms of these General Terms and Conditions, personalise our site and the online services and our marketing to better reflect particular interests, helping us to quickly and efficiently respond to inquiries and requests and otherwise analyse, enhance, administer or promote the service offering for you and other users;
3.1.8 to carry out our obligations arising from any agreements entered into between you and us, if any;
3.1.9 to allow you to participate in interactive features of our site and the online services, when you choose to do so; and
3.1.10 to notify you about changes to our site and the online services.
3.2 If you do not want us to use your information in this way, or to pass your details on to our service providers or third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your information or by responding to the emails we send you in this regard. You can also exercise this right at a later time by contacting us at firstname.lastname@example.org.
3.3 Except as otherwise set out expressly herein, we do not disclose information about users to our advertisers (if any) but we may provide them with aggregate information or information in an otherwise anonymous form about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement and/or web page on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, individuals in a specific territory).
3.4 We may make use of the personal information we have collected from you to enable us to comply with advertisers' wishes by displaying their advertisement to that target audience.
3.5 In addition we may use other companies, agents or contractors to perform services on our behalf or to assist us with the provision of access to our site and the online services to you. For example, we engage services providers to provide marketing, communications, infrastructure and information technology services, personalise and optimise our site and the online services, provide customer service, analyse and enhance data, including users' interaction with the online services, and process consumer surveys. In the course of providing such services, these service providers may have access to your personal information. We do not authorise these service providers to use or disclose your personal information except in connection with providing the services we request of them.
3.6 Only personal information that is necessary for the purposes stated in this Part B of these General Terms and Conditions will be collected, stored, used and otherwise processed by Rain.
4.1 All non-personal information collected and assembled by Rain, is owned and retained by Rain. You are hereby expressly notified of and consent to our collection of your personal information.
4.2 The personal information that has been collected by Rain, may be disclosed or otherwise processed by us if permitted by applicable law, if necessary consent has been obtained from you and/or if the access, use, preservation, disclosure or other processing of such information is reasonably necessary:
4.2.1 for legal and regulatory compliance of applicable law, regulation, legal process, or governmental request;
4.2.2 for the purpose of conducting research and improving our products, services or online services;
4.2.4 to detect, prevent, or otherwise address illegal or suspected illegal activities, security or technical issues;
4.2.5 to protect against harm to the rights, property or safety of us, our users or the public as required or permitted by law, which includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction;
4.2.6 in connection with any reorganization, restructuring, merger or sale, or other transferring of assets; provided that the receiving party agrees to respect your personal information in a manner that is consistent with these General Terms and Conditions; and/or
4.2.7 for the compilation, use and sharing of information that does not pertain to any specific individual, and you hereby consent to us and our duly authorized agents and contractors processing your personal information for such purposes
4.3 Rain may for lawful purposes and in accordance with applicable laws, monitor your calls, e-mails or SMS's and such information will be made available to third parties if and to the extent required by law.
5.1 You have the right to ask us to review your personal information that you have provided to us and make any desired changes to it.
5.2 You have the right to request the origin of the personal information pertaining to you.
5.3 You have the right to choose whether you wish to receive marketing material. By accepting this policy, you consent to receiving marketing material. Should you wish to no longer receive such material you can opt out by contacting us by email at email@example.com. Rain undertakes to comply with all applicable law in relation to direct marketing including the CPA in this regard.
5.4 You have the right to request Rain to correct or delete your personal information. However, Rain will retain such personal information that it is required to retain in terms of any applicable law. We take reasonable steps to ensure that the personal information we collect and store is accurate, complete and up-to-date. We also endeavour as best we can to delete any incorrect or unnecessary personal information, particularly in respect of your contact details. Please ensure that your personal information is accurate, complete and up-to-date by contacting us as soon as possible if you become aware that your personal information is in any way inaccurate, incomplete or out-of-date.
5.5 You have the right to request details in respect of the identity of third parties who have or had access to your personal information, if applicable, and you have the right to request the identity of third persons who are in charge of your personal information as well as those third person to whom your personal information may be have been communicated, if applicable.
5.6 You have the right to lodge a complaint with the Information Regulator in accordance with POPI.
5.7 Please note that you have an obligation to provide Rain with accurate personal information keep Rain informed of any changes to your personal information as and when these occur.
5.8 Please note that the site may, from time to time, contain links to and from the websites of our partner networks, advertisers, service providers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that Rain does not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
Rain is committed to protecting the security of your personal information and will take all reasonable steps to secure the personal information that you submit to us, including your contact information. We use a variety of security technologies and physical, electronic and managerial procedures to protect the personal information that we have collected, or that you have provided, from unauthorised access, use or disclosure. This will minimise the risk of loss, misuse, alteration, disclosure and unauthorised access of your information that is under our control. Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal information, we cannot always guarantee the security of your personal information which is transmitted via our site.
POPI gives you the right to access information held about you. Your right of access can be exercised in accordance with POPI. Any access request may be subject to a fee for meeting our costs in providing you with details of the information we hold about you.