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PLASMA TELECOM SOUTH AFRICA (PTY) LTD T/A FLY.COOL

PRIVACY POLICY

 

The following policy applies to Customers who utilise the Services and /or Service Packages. To register for our services you will have to provide us with personally identifiable information to enable us to provide you with our services. The information you provide will be entered into our database.

 

If you register as a Customer we do not make your personally identifiable information available to anyone unless required by law to do so.

 

Information Collected from Email:

 

When you send us personally identifying information in an email, we use the information you provide only to help us gather the information you might request. In an effort to respond to your request, information you submit may be viewed by various people within Plasma. Once received, the information to your email is protected in accordance with law, (e.g. the Protection of Personal Information Act, No 4 of 2013).

 

Privacy Policy for All Visitors:

 

The following information is collected and stored automatically, when you visit our website to read web/html pages or download information, we automatically collect and store the following non-identifying information:

 

The Internet protocol (IP) address from which you access our website. An IP address is a unique number that is automatically assigned to the computer you are using whenever you are surfing the web.

 

The type of browser, such as Internet Explorer or Mozilla, and operating system, such as Windows Vista or MacOs, used to access our site.

 

The date and time our site is accessed, for the purpose of traffic and statistical monitoring.

 

The pages visited, for the purpose of improving the usefulness of our web site by providing helpful links and removing pages that are not read.

 

This information does not identify you personally. We maintain the above information in system logs. We use this information to make our site more useful to visitors by learning the number of visitors to our site, the number of pages served, and the level of demand for specific pages. We do not track or record information about identifiable individuals and their visits.

 

Security, Intrusion, and Detection:

 

For site security purposes and to ensure that this service remains available to all Customers, our computer system employs software programs and hardware devices to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage.

 

Protection of Personal Information

 

By making use of the Services and/or Service Packages of Fly.cool, you hereby acknowledge that you have read and accept the following Protection of Personal Information (POPI) disclaimer.

 

Fly.cool shall take all reasonable measures to protect the personal information of Customers and for the purpose of this disclaimer “personal information” shall be defined as detailed in the Promotion of Access to Information Act, Act 2 of 2000 (“PAIA”) and the Protection of Personal Information Act, Act 4 of 2013 (“POPI”).

 

The PAIA and POPI Acts are available online at www.gov.za/documents/acts.

 

As per POPI, personal information refers to information that identifies or relates specifically to you as a person or data subject, for example, your name, age, gender, identity number and your email address. 

 

The Collection of Personal Information

 

Customer information will be collected:

 

To render customer related services and administration of customer accounts;

 

To conduct criminal, credit, reference and other related reference checks;

 

To authenticate the customer; and

 

To provide the customer with information which Fly.cool believes may be of interest to the customer, such as information relating to public awareness campaigns and matters of general public interest in which Fly.cool is involved or has decided to lend its support to.

 

Supplier and Third-Party Contractor/Service Provider Information

 

To secure the products and services of the supplier/service provider or contractor as part of Fly.cool’s product and service offering; and

 

To provide the supplier/service provider or contractor with information which Fly.cool believes may be of interest, such as information relating to public awareness campaigns and matters of general public interest in which Fly.cool is involved or has decided to lend its support to.

 

Sources of Personal Information

 

Personal information may be collected from the following sources:

 

Directly from the person when he/she provides services to Fly.cool, submit forms requests or transactions and/or uses the Services and/or Service Packages;

 

From public registers, credit bureaus and law enforcement agencies and any other organisation from which Fly.cool may acquire your information; and

 

From people and entities employed by Fly.cool to provide services to Fly.cool which may be legally entitled to provide Fly.cool with personal information.

 

The Storage of Personal Information

 

All personal information collected by Fly.cool will be stored as follows:

 

In a secure and safe manner according to strict information security principles with safeguards to ensure its privacy and confidentiality;

 

For no longer than is necessary to achieve the purpose for which it was collected unless further retention is required by law or contractual obligation;

 

Otherwise reasonably required by Fly.cool for lawful purposes related to its functions and activities; and

 

Retained further with the person’s consent, after which the information will be de-identified and disposed of.

 

Sharing of Personal Information

 

Any information supplied to Fly.cool will be treated as confidential and Fly.cool will not disclose information unless legally permitted thereto. No information will be transferred to a third party without the explicit consent of the data subject unless legally obliged thereto. By providing the personal information, the data subject agrees that Fly.cool may transfer the information to the following people and organisations in pursuit of the data processing purposes set out in our Privacy Policy:

 

To the divisions and entities in the Solostar Group, including directors, employees, contractors, agents, auditors, legal and other professional advisors who are authorised to process this information;

 

To financial and government organisations who may request information from Fly.cool, in which case the data subject will be notified in advance; the provision of such information, including banks, governmental, judicial, regulatory and law enforcement bodies including the South African Revenue Service and the National Credit Regulator;

 

To persons employed by Fly.cool to provide services on our behalf and that adhere to principles similar to Fly.cool regarding the treatment of personal information;

 

To any person to whom Fly.cool cede, delegate, transfer or assign any of our rights or obligations pertaining to products and/or services provided to the person or contracts concluded with the person;

 

To any person who acts as legal guardian, executor of an estate, curator or in a similar capacity; and

 

To any person or persons who may be permitted by applicable law or that you may consent to, including persons or entities who may request such information to evaluate the credit worthiness of the person.

 

Your Rights regarding your Personal Information

 

A data subject (i.e. a customer) has the following rights to his/her personal information collected, processed and stored by Fly.cool:

 

Right of access to and the right to rectify or update the personal information collected;

 

The right to object at any time to the processing of the personal information in which event the consequences of the objection will be explained to the data subject; and

 

The right to request Fly.cool to no longer process the personal information of the data subject should the information not be required for further processing or by law.

 

General Conditions pertaining to Personal Information

 

Fly.cool accepts no liability whatsoever for any loss, damage (whether direct, indirect, special or consequential) and/or expenses of any nature whatsoever which may arise as a result of, or which may be attributable directly or indirectly from information made available on pages or links, or actions or transaction resulting there from.

 

Should you request products or services through the Fly.cool, you hereby consent and submit to the jurisdiction of the South African courts in regard to all proceedings, actions, applications or the like instituted by each party against the other, and in any way arising from any stated terms and conditions.

 

 

PLASMA TELECOM SOUTH AFRICA (PTY) LTD T/A FLY.COOL

ACCEPTABLE USE POLICY (“AUP”)

 

This Policy forms part of the Agreement between the Customer and Fly.cool and is binding on Customers using Fly.cool’s services. The AUP sets out in detail what forms of conduct Fly.cool regards as unacceptable on the part of its Customers and the steps which Fly.cool may take in response to unacceptable use of its services. Please take the time to acquaint yourself fully with the provisions of this Policy and direct any queries to help@fly.cool

 

General

 

By contracting with Fly.cool for services, the Customer agrees, without limitation or qualification, to be bound by this Policy and the terms and conditions it contains, as well as any other additional terms, conditions, rules or policies which are displayed to the Customer in connection with the Services.

 

The purpose of this AUP is to:

 

ensure compliance with the relevant laws of the Republic of South Africa;

 

specify to Customers and Customers of Fly.cool’s service what activities and online behaviour are considered an unacceptable use of the service; protect the integrity of Fly.cool, Fly.cool’s services and service providers as well as their associated network providers; and specify the consequences that may flow from undertaking such prohibited activities.

 

Fly.cool respects the rights of Fly.cool’s Customers and Customers of Fly.cool's services to freedom of speech and expression, access to information, privacy, human dignity, religion, belief and opinion.

 

Unacceptable Use

 

Fly.cool's services may only be used for lawful purposes and activities. Fly.cool prohibits any use of its Services including the transmission, storage and distribution of any material or content using Fly.cool’s network that violates any law or regulation of the Republic of South Africa. This includes, but is not limited to:

 

Any violation of local and international laws prohibiting child pornography, obscenity, discrimination (including racial, gender or religious slurs) and hate speech, or speech designed to incite violence or hatred, or threats to cause bodily harm;

 

Any activity designed to defame, abuse, stalk, harass or physically threaten any individual in the Republic of South Africa or beyond its borders; including any attempt to link to, post, transmit or otherwise distribute any inappropriate or defamatory material;

 

Any violation of Intellectual Property laws including materials protected by local and international copyright, trademarks and trade secrets;

 

Any violation of another's right to privacy, including any effort to collect personal data of third parties without their consent;

 

Any fraudulent activity whatsoever, including dubious financial practices, such as pyramid schemes; the impersonation of another Customer without their consent; or any attempt to enter into a transaction with Fly.cool on behalf of another Customer without their consent;

 

Any violation of the exchange control laws of the Republic of South Africa; and

 

Any activity that results in the sale, transmission or distribution of pirated or illegal software.

 

The Customer is solely responsible for ensuring that Customer uses the Services lawfully and that the Customer complies with all applicable laws and with Fly.cool’s Acceptable Use Policy.

 

The Customer indemnifies Fly.cool and holds it harmless against any claims:

 

arising from a breach of this clause; and/or

 

by third parties in respect of prohibited or unlawful activities conducted by the Customer or its Customers.

 

The Customer shall not take any steps or fail to take any steps which directly or indirectly:

 

rearrange, disconnect, remove, attempt to repair, or otherwise tamper with the Services and service related devices, without the prior written consent of Fly.cool;

 

damage Fly.cool’s network (or any networks interconnected to Fly.cool) or any part thereof;

 

cause Fly.cool to breach any of its licence terms or any provision of applicable legislation;

 

cause the imposition of any lien or encumbrance on Fly.cool; and/or

 

constitute an abuse of the Services (in the reasonable opinion of Fly.cool).

 

To help ensure all Customers fair and equal use of the Service and to protect the integrity of its network, Fly.cool reserves the right, and will take necessary steps, to prevent improper or excessive usage. The action that Fly.cool may take includes, but is not limited to:

 

the implementation of technical mechanisms which prevent usage patterns in violation of this AUP. Fly.cool further reserves the right to take such action as may be necessary to protect the integrity of the system, including, but not limited to, system monitoring, as well as protocol management and shutting down of ports affected by viruses, worms or other malicious code.

 

Nothing contained in this policy shall be construed to limit Fly.cool’s rights or remedies in any way with respect to any of the foregoing activities, and Fly.cool reserves the right to take any actions that it may deem appropriate with respect to such activities, including without limitation: investigating suspected violations of this AUP, taking action to recover the costs and expenses of identifying offenders and terminating their access to and use of the Service, and levying cancellation charges to cover Fly.cool’s costs in the event of termination of access to the Service. In addition, Fly.cool reserves all available rights and remedies with respect to such activities at law.

 

This AUP may be clarified or modified periodically and Fly.cool reserves the right to modify this policy at any time, which changes shall become effective as soon as they are posted to the Fly.cool portal.

 

Threats to Network Security

 

Any activity which threatens the functioning, security and/or integrity of Fly.cool's network is unacceptable. This includes:

 

Any efforts to attempt to gain unlawful and unauthorised access to the network or circumvent any of the security measures established by Fly.cool for this goal;

 

Any effort to use Fly.cool's equipment to circumvent the Customer authentication or security of any host, network or account ("cracking" or "hacking");

 

Forging of any TCP/IP packet headers (spoofing) or any part of the headers of an email or a newsgroup posting;

 

Any effort to breach or attempt to breach the security of another Customer or attempt to gain access to any other person's computer, software, or data without the knowledge and consent of such person;

 

Any activity which threatens to disrupt the Service offered by Fly.cool through "denial of service attacks"; flooding of a network or overloading a service or any unauthorised probes ("scanning" or "nuking") of others' networks;

 

Any activity which in any way threatens the security of the network by knowingly posting, transmitting, linking to or otherwise distributing any information or software which contains a virus, trojan horse, worm, malware, botnet or other harmful, destructive or disruptive component;

 

Any unauthorised monitoring of data or traffic on the network without Fly.cool's explicit, written consent;

 

Running services and applications with known vulnerabilities and weaknesses, e.g. insufficient anti-automation attacks, any traffic amplification attacks, including recursive DNS attacks, SMTP relay attacks; and

 

Failing to respond adequately to a denial of service attack (DOS / DDOS).

 

Interception

 

The Customer acknowledges that Fly.cool is lawfully required to intercept communications in accordance with the provisions of the Regulation of Interception and Provision of Communication-Related Information Act 70 of 2003 ("the Act"). Any interception of communications shall be strictly in accordance with the requirements of the Act, as and when required under the Act. 

 

Laws and Legislation

 

Fly.cool infrastructure may be used only for lawful purposes. Customers may not violate any applicable laws or regulations of South Africa within the territory of South Africa. Should the Customer reside outside of South Africa, the laws of the country in which the Customer resides shall apply.

 

Transmission, distribution, or storage of any material on or through the infrastructure in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorisation, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.

 

The Customer undertakes to Fly.cool Services in accordance with any restrictions imposed under the following legislation:

 

Electronic Communications and Transactions Act 25 of 2002;

 

Electronic Communications Act 36 of 2005;

 

Films and Publications Act 65 of 1996 (as amended); and

 

Regulation of Interception and Provision of Communication-related Information Act 70 of 2003.

 

Add POPI perhaps.

 

Network capacity

 

The Network capacity and performance is subject to contention for services from Customers. This means that a significant rise in demand can affect the availability of bandwidth to Customers. Fly.cool reserves the right to manage contention through the implementation of Quality of Service, Shaping and Throttling (on applicable products). Contention is a function of demand from Customers and is not strictly within Fly.cool's direct control, however Fly.cool will use the provisions of the AUP and Terms and Conditions to manage contention and minimise the impact to performance to offer the best possible experience at all times.

 

Spam and Unsolicited Bulk Mail

 

Fly.cool regards all unsolicited bulk email (whether commercial in nature or not) as spam, with the following exceptions:

 

Mail sent by one party to another where there is already a prior relationship between the two parties and the subject matter of the message(s) concerns that relationship; and

 

Mail sent by one party to another with the explicit consent of the receiving party.

 

Customers should only receive bulk mail that they have requested and/or consented to receive and/or which they would expect to receive as a result of an existing relationship.

 

Fly.cool will take swift and firm action, which may include suspension, cancellation and reporting to the relevant authorities, against any Customer engaging in any of the following unacceptable practices:

 

Sending unsolicited bulk mail for marketing or any other purposes (political, religious or commercial) to people who have not consented to receiving such mail;

 

Using any part of Fly.cool’s infrastructure for the purpose of unsolicited bulk mail, whether sending, receiving, bouncing, or facilitating such mail;

 

Operating or maintaining mailing lists without the express permission of all recipients listed;

 

In particular, Fly.cool does not permit the sending of "opt-out" mail, where the recipient must opt out of receiving mail which they did not request. For all lists, the sender must maintain meaningful records of when and how each recipient requested mail. Fly.cool will also monitor Customers deemed to be operating “cleaning lists”, which is using illegally obtained email addresses but removing addresses as complaints arise. Should Fly.cool, at its discretion, believe that this is the case, it will be treated as SPAM;

 

Failing to promptly remove from lists invalid or undeliverable addresses or addresses of unwilling recipients or a recipient who has indicated s/he wishes to be removed from such list, or failing to provide the recipient with a facility to opt out;

 

Using Fly.cool's service to collect responses from unsolicited email sent from accounts on other Internet hosts or e-mail services that violate this AUP or the AUP of any other Internet service provider. Advertising any facility on Fly.cool’s infrastructure in unsolicited bulk mail (e.g. a website advertised in spam);

 

Including Fly.cool's name in the header or by listing an IP address that belongs to Fly.cool in any unsolicited email whether sent through Fly.cool's network or not; and/or

 

Failure to secure a Customer's mail server against public relay as a protection to themselves and the broader Internet community. Public relay occurs when a mail server is accessed by a third party from another domain and utilised to deliver mails, without the authority or consent of the owner of the mail-server. Mail servers that are unsecured against public relay often become abused by unscrupulous operators for spam delivery and upon detection such delivery must be disallowed. 


 

Customers Outside of South Africa

 

Where any Customer resides outside of the Republic of South Africa, permanently or temporarily, such Customer will be subject to the laws of the country in which s/he is currently resident, and which apply to the Customer. On presentation of a legal order to do so, or under obligation through an order for mutual foreign legal assistance, Fly.cool will assist foreign law enforcement agencies (LEAs) in the investigation and prosecution of a crime committed using Fly.cool's resources, including the provisioning of all personal identifiable data.

 

Protection of Minors

 

Fly.cool prohibits Customers from using Fly.cool's service to harm or attempt to harm a minor, including, but not limited to, by hosting, possessing, disseminating, distributing or transmitting material that is unlawful, including child pornography and cyber bullying.

 

Fly.cool prohibits Customers from using Fly.cool’s service to host sexually explicit or pornographic material of any nature.

 

Privacy and Confidentiality

 

Fly.cool respects the privacy and confidentiality of Fly.cool’s Customers and Customers of Fly.cool’s service. Please review Fly.cool's Privacy Policy which details how Fly.cool collects and uses personal information gathered in the course of operating its Services.

 

Customer Responsibilities

 

Customers are responsible for any misuse of Fly.cool's services that occurs through the Customer's account. It is the Customer's responsibility to ensure that unauthorised persons do not gain access to or misuse Fly.cool's service.

 

Fly.cool urges Customers not to reply to unsolicited mail or "spam" and not to click on any suggested links provided in the unsolicited mail. Doing so remains the sole responsibility of the Customer and Fly.cool cannot be held liable for the Customer being placed on any bulk mailing lists as a result, nor any damages suffered or breach of their confidential information.

 

Where the Customer has authorised a minor to use any of the Fly.cool's services or access its websites, the Customer accepts that as the parent/legal guardian of that minor, the Customer is fully responsible for: the online conduct of such minor, controlling the minor's access to and use of any services or websites, and the consequences of any misuse by the minor.

 

Complaints Procedure

 

Complaints relating to the violation of this AUP should be submitted in writing to complaints@Fly.cool.com. Complaints must be substantiated, and unambiguously state the nature of the problem, and its connection to Fly.cool’s network and services.

 

Action Following Breach of the AUP

 

Upon receipt of a complaint, or having become aware of an incident, Fly.cool may, in its sole and reasonably exercised discretion take any of the following steps:

 

In the case of Customers, warn the Customer, suspend the Customer account and/or revoke or cancel the Customer’s Service access privileges completely;

 

In the case of an abuse emanating from a third party, inform the third party’s network administrator of the incident and request the network administrator or network owner to address the incident in terms of this AUP and/or the ISPA Code of Conduct (if applicable);

 

In severe cases suspend access of the third party’s entire network until abuse can be prevented by appropriate means;

 

In all cases, charge the offending parties for administrative costs as well as for machine and human time lost due to the incident;

 

Assist other networks or website administrators in investigating credible suspicions of any activity listed in this AUP;

 

Institute civil or criminal proceedings;

 

Share information concerning the incident with other Internet access providers, or publish the information, and/or make available the Customers' details to law enforcement agencies; and/or

 

Suspend or terminate the Service as provided for in the Agreement.

 

This policy applies to and will be enforced for intended and unintended (e.g., viruses, worms, malicious code, or otherwise unknown causes) prohibited usage.

 

Reservation and Non-Waiver of Rights

 

Fly.cool reserves the right to amend or alter this policy at any time, and without notice to the Customer.

 

Fly.cool reserves the right to take action against any individuals, companies or organisations that violate the AUP, or engage in any illegal or unlawful activity while accessing Fly.cool’s services, to the fullest extent of the law.

 

Fly.cool reserves the right, at its sole discretion, to act against other types of abuse not listed in this document and to investigate or prevent illegal activities being committed over Fly.cool’s network.

 

Fly.cool does not waive its right to enforcement of this AUP at any time, or prejudice its right to take subsequent action, should Fly.cool fail, neglect or elect not to enforce a breach of the AUP at any time.

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