Upper Ground

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Terms &Conditions

“User” means the viewer or user of our Platforms.

“Platforms” means all our websites, mobile sites, social media platforms or any other technology or mechanism you may use to interact with us.

“Attacq” means the owner of the website, Attacq Limited, registration number is 1997/000543/06, registered in the Republic of South Africa and whose registered office is ATT House, Second Floor, Maxwell Office Park, 37 Magwa Crescent, Waterfall, 2090.

By continuing to browse and use our Platforms the User is agreeing to comply with and be bound by the following terms and conditions of use, which together with Attacq’s privacy policy govern Attacq’s relationship with the User in relation to our Platforms.

Using our Platforms

As a condition of the use of our Platforms, the User agrees that it will not:

• distribute viruses or any other technologies that may harm our Platforms or the interests or property of Attacq or other Users;
• impose an unreasonable load on our infrastructure or interfere with the proper working of our Platforms;
• copy, modify, resell, or distribute any content on our Platforms without our consent;
• use any robot spider, scraper or other automated means to access our Platforms and collect content for any purpose without our express written permission;
• harvest or otherwise collect information about others, including email addresses, without their consent or otherwise violate the privacy of another person;
• create a link to our Platform from another website or document without Attacq’s prior written consent: or
• bypass measures used to prevent or restrict access to our Platforms

The content on our Platforms is for the User’s general information and use only. It is subject to change without notice.

We reserve the right at our discretion to restrict a User’s usage of the site either temporarily or permanently.

Copyright and other intellectual property

• Our Platforms contains material which is owned by or licensed to Attacq. This material includes, but is not limited to, the design, layout, look, appearance, and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
• All trademarks reproduced on our Platforms which are not the property of, or licensed to, Attacq are acknowledged on the Platform.

Security

In order to ensure the security and reliable operation of our Platforms for all Users, Attacq reserves the right at its discretion to take whatever action it finds necessary to preserve the security, integrity and reliability of its network and back-office applications.  Any user who commits any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act, 2002 (specifically sections 85 to 88 (inclusive)) will, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by Attacq and its affiliates, agents and/or partners.

Links to third party websites

From time to time our Platforms may also include links to other websites. These links are provided for the User’s convenience to provide further information. ATTACQ HOLDS NO RESPONSIBILITY FOR THE CONTENT OF THE LINKED WEBSITE(S). ATTACQ HAS NO CONTROL OVER THE NATURE, CONTENT, AND AVAILABILITY OF THOSE SITES. THE INCLUSION OF ANY LINKS DOES NOT NECESSARILY IMPLY A RECOMMENDATION OR ENDORSE THE VIEWS EXPRESSED WITHIN THEM.

Liability

• EVERY EFFORT IS MADE TO KEEP OUR PLATFORMS UP AND RUNNING SMOOTHLY. HOWEVER, ATTACQ TAKES NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE FOR, OUR PLATFORMS BEING TEMPORARILY UNAVAILABLE DUE TO TECHNICAL ISSUES BEYOND ITS CONTROL.
• THE INFORMATION CONTAINED ON OUR PLATFORMS IS FOR GENERAL INFORMATION PURPOSES ONLY. THE INFORMATION IS PROVIDED BY ATTACQ, AND WHILE ATTACQ ENDEAVOURS TO KEEP THE INFORMATION UP TO DATE AND CORRECT, ATTACQ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY OR AVAILABILITY IN RESPECT OF OUR PLATFORMS OR THE INFORMATION, PRODUCTS, SERVICES, OR RELATED GRAPHICS CONTAINED ON OUR PLATFORMS FOR ANY PURPOSE. ANY RELIANCE PLACED BY THE USER ON SUCH INFORMATION IS THEREFORE STRICTLY AT OWN RISK.
• THE USER ACKNOWLEDGES THAT SUCH INFORMATION AND MATERIALS MAY CONTAIN INACCURACIES OR ERRORS AND ATTACQ EXPRESSLY EXCLUDES LIABILITY FOR ANY SUCH INACCURACIES OR ERRORS TO THE FULLEST EXTENT PERMITTED BY LAW.
• THE USER’S USE OF ANY INFORMATION OR MATERIALS ON OUR PLATFORMS ARE ENTIRELY AT THEIR OWN RISK, FOR WHICH ATTACQ SHALL NOT BE LIABLE. IT SHALL BE THE USER’S OWN RESPONSIBILITY TO ENSURE THAT ANY PRODUCTS, SERVICES, OR INFORMATION AVAILABLE THROUGH OUR PLATFORMS MEET THEIR SPECIFIC REQUIREMENTS.
• IN NO EVENT WILL ATTACQ BE LIABLE FOR ANY LOSS OR DAMAGE INCLUDING WITHOUT LIMITATION, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY LOSS OR DAMAGE WHATSOEVER ARISING FROM LOSS OF DATA OR PROFITS OR OTHERWISE ARISING OUT OF, OR IN CONNECTION WITH, THE USE OF OUR PLATFORMS.

General

• These terms and conditions and the other policies posted on our Platforms constitute the entire agreement between Attacq and the User.
• The User’s use of our Platforms and any dispute arising out of such use of our Platforms are subject to the laws of South Africa.
• If Attacq does not enforce any particular provision, we are not waiving our right to do so later.  If a court strikes down any of these terms, the remaining terms will survive.
• We may update these terms and conditions at any time and in our sole discretion.  Any such change will be effective from the date of being posted on our Platforms.

For information on COVID-19 in South Africa, please visit www.sacoronavirus.co.za

Privacy Policy

“User” means the viewer or user of our Platforms.

“Platforms” means all our websites, mobile sites, social media platforms or any other technology or mechanism you may use to interact with us.

“Attacq” means the owner of the website, Attacq Limited, registration number is 1997/000543/06, registered in the Republic of South Africa and whose registered office is ATT House, Second Floor, Maxwell Office Park, 37 Magwa Crescent, Waterfall, 2090.

This privacy policy sets out how Attacq uses and protects any information that the User gives Attacq when using its Platforms.

Attacq is committed to ensuring that the User’s privacy is protected. Should we ask the User to provide certain information by which the User can be identified when using our Platforms, such information will only be used in accordance with this privacy policy.

What we collect

Attacq may collect the following information:

Information you give us

This includes any information that provide to us directly:

• when you utilise our services;
• by filling in forms on our Platforms, or those provided to you;
• when you contact us, or we contact you and you provide information directly to us.

What personal information we collect

When you use our services, you will be required to provide us with the following information, your:

• name and surname
• company and job title
• contact information, including email address, physical address
• basic demographic information, preferences, and interests
• other information relevant to customer surveys and/or offers
• identity or passport number; and
• date of birth.

Information from third-party sources

• We may receive additional information about you that is publicly or commercially available and combine that with the information we have collected or received about you through other forms of communication.

What we do with the information we gather

Attacq requires this information to understand the User’s needs and provide the User with a better service, and in particular for the following reasons:

• to communicate with User’s;
• internal record keeping;
• to provide you with services and product, or to fulfil our obligations toward you;
• improvement of our Platforms, products, and services;
• Attacq may periodically send promotional emails about new products, special offers or other information which it thinks the User may find interesting using the email address which the User has provided;
• from time to time, Attacq may also use the User’s information to contact the User for market research purposes. We may contact you by email, phone, fax, or mail. We may use such information to customise the website according to your interests;

Security

Attacq is committed to ensuring that the User’s information is secure. In order to prevent unauthorised access or disclosure, Attacq has put in place suitable physical, electronic, and managerial procedures to safeguard and secure the information it collects online.

How we use cookies

A cookie is a small file which asks permission to be placed on the User’s computer’s hard drive. Once the User agrees, the file is added, and the cookie helps analyse web traffic or lets the User know when the User visits a particular site. Cookies allow web applications to respond to the User as an individual. The web application can tailor its operations to the User’s needs, likes and dislikes by gathering and remembering information about the User’s preferences.

Attacq uses traffic log cookies to identify which pages are being used. This helps it to analyse data about webpage traffic and improve the website in order to tailor it to customer needs. Attacq only uses this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help to provide the User with a better website, by enabling it to monitor which pages the User finds useful and which not. A cookie in no way gives Attacq access to the User’s computer or any information about the User, other than the data the User chooses to share.

The User can choose to accept or decline cookies. Most web browsers automatically accept cookies, but the User can usually modify the browser setting to decline cookies if preferred. This may prevent the User from taking full advantage of the website.

Links to other websites

The website may contain links to other websites of interest. However, once the User has used these links to leave this site, the User should note that Attacq does not have any control over that other website. Therefore, Attacq cannot be responsible for the protection and privacy of any information which the User provides whilst visiting such sites, and such sites are not governed by this privacy policy. The User should exercise caution and look at the privacy statement applicable to the website in question.

How we share the information of the User

Attacq will not sell or lease a User’s personal information to third parties without the User’s permission.

Attacq may share User’s information with:

• Attacq’s affiliates, in other words, other companies in the Attacq group;
• other parties in response to legal process, laws, or when necessary to conduct or protect our legal rights;
• other parties in connection with certain business transactions (in the event that we restructure or sell any of our businesses or assets, we may disclose your personal information to the prospective buyer of such business or assets or other transacting party);
• companies that provide services to us (companies that provide services to us or act on our behalf may have access to information about you. These companies are limited in their ability to use information they receive in the course of providing services to us or you);

Retention of data

• Attacq will retain User personal information only for as long as is necessary for the purposes set out in this privacy policy or to comply with our legal obligations, resolve disputes, and enforce our legal agreements and policies.
• We may retain other data for internal analysis purposes.

Transfer of data

• Attacq is based in and operates from South Africa. Your information, including personal information, may be transferred to, and maintained on servers located outside of your country, where the data privacy laws, regulations and standards, may not be equivalent to the laws in South Africa.
• We might transfer your personal information to places outside of South Africa and store it there, where our suppliers might process it. If that happens, we require our suppliers to apply the same standards as when we process your information in South Africa.
• Your consent to this privacy policy followed by your submission of such information to us, represents your agreement to such transfer.
• We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

Your rights

You have the right to ask us not to contact you for marketing purposes. You can exercise this right at any time by using any of the various “opt-out” options that we will always provide to you when we communicate with you. We will not send you marketing messages if you tell us not to, but we will still need to send you service-related messages.

You may request details of personal information which we hold about you under the Promotion of Access to Information Act, 2000 (“PAIA”). Fees to obtain a copy or a description of personal information held about you are prescribed in terms of PAIA. Confirmation of whether or not we hold personal information about you may be requested free of charge. If you would like to obtain a copy of your personal information held by Attacq, please contact our information officer as listed below.

You may request the correction of personal information that Attacq holds about you. You also have a right in certain circumstances to request the destruction or deletion. If you wish to exercise this right, please contact our information officer as listed below.

You have a right to object on reasonable grounds to the processing of your personal information where the processing is carried out in order to protect our legitimate interests or your legitimate interests unless the law provides for such processing. If you wish to exercise this right, please contact our information officer as listed below.

Information Officer

We have appointed an Information Officer to oversee compliance with this privacy notice. If you have any questions about this privacy notice or how we handle your personal information, please contact the Information Officer. You have the right to make a complaint at any time to the Information Regulator of South Africa.

Information Officer

Jackie van Niekerk

Tel: +27 10 549 1050

Email: info@attacq.co.za

Information Regulator of South Africa

Tel: 012 406 4818

Fax: 086 500 3351

Email: complaints.IR@justice.gov.za

Changes to this privacy policy

We may update our privacy policy from time to time. Any changes to this privacy policy will be posted on our Platforms.

You are advised to visit our website periodically and review our privacy policy. Changes to our privacy policy are effective from when they are posted on our Platforms.

For information on COVID-19 in South Africa, please visit www.sacoronavirus.co.za