The Terms Of Our Relationship With You
1. A quick introduction to who we are
1.1. InterGreatMe (Proprietary) Limited ("we", "us" or "our") is a company that makes it easier for consumers like you, and the service providers you deal with, to comply with the Financial Intelligence Centre Act, 2001 ("FICA"), the Regulation of Interception of Communications and Provision of Communication-Related Information Act, 70 Of 2002 ("RICA") and other legislation and regulations.
1.2. Although the services we provide also require us to deal with other legislation and regulations, we will use FICA as an example for purposes of explaining our terms of service to you. As much as we have only used FICA as an example in these terms of service, both we and you will need to comply with any other applicable legislation and regulations.
1.3. FICA is a South African law that aims to combat money laundering and other illegal activities. It puts obligations on certain service providers to "know their clients".
1.4. In order to "know you", service providers will ask you to provide certain documents and personal information such as your identity document, proof of physical address or bank statements ("FICA documents"), that will assist you to prove who you are. Because of FICA, it is likely that you will regularly be asked to bring FICA documents when you buy services from or interact with certain service providers.
1.5. We help make it easier to provide your FICA documents to service providers. We are able to do this when you give us permission to hold your FICA documents. We hold electronic copies of your FICA documents on our system. With your permission, we easily and securely pass your FICA documents onto service providers and third parties that you want to buy services from or interact with.
1.6. Simply put, our services involve securely holding, managing and delivering your FICA documents to service providers and other third parties when you ask us to do so or give your consent for service providers and third parties to get your FICA documents from us ("our services").
2. The legal terms of our relationship with you
2.1. If you decide to use our services, we need you to understand what our obligations are to you and what your obligations are to us. We call this document our terms of service ("our terms"). It is important that you read it carefully and understand what it says.
2.2. Our Terms will apply when you access our website (www.intergreatme.com) or the InterGreatMe Application and use our services. By signing in, you agree to our terms and conditions.
2.4. Our terms may change from time to time. When we change them, the changes will be made on our website. Please ensure that you visit our website and regularly read our terms. Although we do not promise to do so, we may give you notice of any changes we think are important.
2.5. We do not charge you a fee to use our services.
3. How we use your personal information
3.1. You will need to open an account through our InterGreatMe Application, to allow us to provide our services. For purposes of administering your account, we will communicate with you on the email address you used to register with us.
3.2. Our services involve collecting your FICA documents from third parties such as the South African Department of Home Affairs, your utility providers such as the City of Johannesburg or Johannesburg Water, your bank and other third parties. You consent to us contacting them either directly or indirectly through you, and obtaining your FICA documents from them.
3.3. We then securely keep your FICA documents and then pass them onto service providers and third parties each time you request us to do so. Before we do so, you will be notified and you will provide us with your consent each time.
3.4. It is important for you to know that service providers and third parties will pay us a fee to get access to your FICA documents. We do not share our fee with you.
3.5. It is important that you update your FICA documents each time your personal information changes. We are not responsible for information which is incorrect or out of date. We may also update your personal information, however the responsibility still rests with you to ensure that we have your current and most up to date information.
3.6. By accepting our terms, you therefore agree and consent to us doing all of the above.
4. Your account passwords and account access
4.1. Given the sensitivity of the information we hold on your behalf, it is very important that you keep control over your account. You must prevent anyone from accessing your account by not disclosing your account details i.e. usernames, passwords and/or your 4 digit password reset pin or any information associated with your account.
4.2. You need to make sure that you do not fall for tricks that hackers and other fraudsters may use to try to get access to your account. Learn about phishing and other such techniques. Do not click on strange links in emails and always keep your passwords strong and secure. We are not responsible for any damages or harm you may suffer if unauthorised people access your account through no fault on our part.
5. Your interaction with third-party applications while using our website or the InterGreatMe Application
5.1. It is important to note that while using our service, you may encounter third party applications (these include websites, widgets, software, or other software utilities) ("applications"). When you use these applications, you may be subject to their terms. Please ensure that you understand their terms, as they may be very different to ours.
5.2. It is important to note that once your FICA documents have been transferred to a service provider or third party, it will be up to that third party to ensure that your information is handled with the necessary care and in compliance with applicable laws.
5.3. We have no control and are not responsible for your FICA documents once they leave our system and you have authorised us to pass them onto a service provider or third party. If you suffer any loss or damage once your FICA documents are held by service providers or third parties, they will be responsible to you.
6. Our assurances to you as a service provider
6.1. Given the sensitivity of your FICA documents, we will ensure that a limited number of our staff members have access to such information. We will do any necessary background and security checks on our staff. We will also ensure that they have signed appropriate non-disclosure and confidentiality agreements with us in order to further protect you.
6.2. In the event that we notice any suspicious activity on your InterGreatMe account, we may suspend your account with us and report it to any authorities we are legally obliged to.
7. Our security
7.1. We can assure you that we provide our services using no less than industry standard security methods, and that all reasonable steps are taken to ensure the safety of your FICA documents.
7.2. In order to further protect you, we will use the Global Positioning System ("GPS") to track your phone’s or other mobile device’s location each time you use our services. We do this by recording your location at the time you use our service. This is an important security aspect of our service and you consent to it. We are unable to provide our services if you do not consent to this, or if the GPS on your phone or mobile device does not work. Ensuring that GPS works is your responsibility.
8. Termination of our services
8.1. We may terminate our services, or any part of our services, at any time in response to unforeseen circumstances beyond our control or to comply with a legal requirement. If we do so, we will give you reasonable prior notice and at our discretion either ensure that all your FICA documents we hold are handed back to you or permanently destroyed.
8.2. We will immediately terminate our services to you if you breach our terms or if you use our services in a way that would cause a risk of harm or loss to us, other users or third parties or where you break any applicable law.
9. Liability for our services
9.1. We will not be responsible, and deny all liability, for any loss, injury, expense or damage of any nature, caused by our negligence, and which you or any other person who accesses, uses or relies on our services, may suffer.
9.2. As long as the law permits it, we will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.
9.3. In all cases, we and our affiliates will not be liable for any loss or damage that is not reasonably foreseeable.
10. Intellectual property rights and domain name use All intellectual property on our website and our InterGreatMe Application, including but not limited to content, design elements, databases, text, graphics, drawings, images, icons, logos, trade names, service marks, hyperlinks and domain name(s), whether registered or not ("intellectual property") is either our intellectual property, that of our affiliates or is licensed to us. Please do not use the intellectual property without getting our prior written consent.
11.1. We will ensure that your FICA documents are kept confidential and secure. We will use no less than industry standard security methods to protect your information.
11.2. We will only disclose your information if we are required to do so in accordance with a law or if we are required to do so by an order of court.
12. Dispute resolution
12.1. Our terms are governed by the laws of the Republic of South Africa.
12.2. In the event that you and we have a dispute, we both consent to the dispute being resolved in the South Gauteng High Court, Johannesburg, South Africa.
13. Notices, communication and storage and protection of information
13.1. We will need you to provide us with a physical address at which you will receive any notices or formal documents, we may need to deliver to you (the Latin term for this address is domicilium citandi et executandi). If you do not provide us with a physical address, we will be entitled to use the physical address reflected on the FICA documents we receive from you while providing our services to you.
13.2. Communications between you and us will occur mainly through electronic communications and by telephone. Please be aware that the integrity of electronic communications and telephones cannot be guaranteed.
14. Entire agreement
Our terms are the entire understanding between us and you concerning our relationship.
We cannot be regarded as having waived, relaxed or changed our terms unless this was done in writing and signed by one of our directors. If any part of our terms is held to be unlawful, all the other parts will remain in force.
16. Legal costs
If you are not sure of any part of our terms, please get legal advice before accepting them. We will not be responsible for any legal costs you may incur to get the advice.
1.1. InterGreatMe (Proprietary) Limited ("we", "us" or "our") collects and processes the personal information of anyone who registers on our website and chooses to become our customer ("you" or "your").
1.2. By reading our terms, you will understand what services we provide, how we provide our services and what we do with your personal information. It is important that you read, understand and accept our terms if you would like to use our services.
1.3. Personal information includes very sensitive information, which you probably want to keep private. South Africa’s Constitution provides that everyone has the right to privacy. This includes a right to protection against the unlawful collection, retention, dissemination and use of personal information.
1.4. We only collect and process your personal information if you have given us your consent. Because of the sensitivity of some personal information, we ensure that the way we process your personal information complies fully with the Protection of Personal Information Act, 4 of 2013 ("POPI").
2.1. to be notified that your information is being collected or that your information has been accessed or acquired by an authorised person e.g. where a hacker may have compromised our computer system;
2.2. to find out whether we hold your personal information and to request access to your personal information;
2.3. to request us, where necessary, to correct, destroy or delete your personal information;
2.4. to object, on reasonable grounds, to the processing of your personal information;
2.5. to object to the processing of your personal information for purposes of direct marketing, including by way of unsolicited communications;
2.6. not to be subject, in certain circumstances, to a decision which is based solely on the automated processing of your personal information;
2.7. to submit a complaint to the Regulator if you believe that there has been interference with the protection of your personal information or if you believe that an independent adjudicator who may be resolving your complaint against us, has not decided the matter correctly; and
2.8. to institute civil proceedings against us if you believe that we have interfered with the protection of your personal information.
3. How we collect your personal information
3.1. When we collect your personal information, we will collect information such as your identity number, e-mail address, names, home or work physical addresses, telephone numbers, municipal accounts, bank financial statements and other records typically required for Financial Intelligence Centre Act, 2001 ("FICA") or related legislation purposes.
3.2. The nature of our service requires us, in certain instances, to collect your information from third parties such as the South African Department of Home Affairs, your utility providers such as the City of Johannesburg or Johannesburg Water, your bank and other third parties. You consent to us contacting them directly (or indirectly through a process that you will facilitate) and permit us to collect your personal information from them.
3.3. We will not intentionally collect and process the personal information of a child unless we have the permission of a competent person.
4. How we use your personal information
4.2. We will ensure that your personal information is processed in a lawful manner and that we do not infringe on your privacy rights.
4.3. Once we have passed your personal information on to third parties, with your consent, we are no longer able to ensure the integrity and confidentiality of your personal information.
4.4. We advise that you review the terms and conditions, as well as the privacy policies of third parties you request us to pass your information on to.
5. Where we store your personal information
5.1. Protecting your personal Information is very important to us. We store your information on our or our service providers’ servers located in countries that have privacy levels that comply with or are better than POPI. .
5.2. In the event that we ever outsource the processing of your personal information to a third party operator, we will ensure that the operator processes and protects your personal information using reasonable technical and organisational measures that are equal to or better than ours.
5.3. In the event that we transfer or store your personal information outside South Africa, we will take all steps reasonably necessary to ensure that the third party who receives your personal information is subject to a law, binding corporate rules or binding agreement which provides an adequate level of protection.
6.1. Cookies are small software programmes that install themselves on your computer or your mobile device. We also make use of web tokens on the InterGreatMe Application. They are intended to make your experience of visiting and navigating through our website and the InterGreatMe Application easier and more pleasant. Cookies and web tokens may collect personal information such as the identity of your computer or mobile device and your location.
6.2. If you do not want cookies or web tokens to be installed on your computer or mobile device, please do not use our website or the InterGreatMe Application. This means that you will not be able to use our services. By using our website and the InterGreatMe Application, you consent to cookies and web tokens being installed on your computer or mobile device.
7. Information Security
7.1. We promise that we will secure the integrity and confidentiality of your personal information in our possession or under our control. We will do this by taking appropriate, reasonable technical and organisational measures to prevent loss of, damage to or unauthorised destruction of your personal information; and unlawful access to or processing of your personal information.
7.2. Given the sensitivity of the information we hold on your behalf, it is very important that you keep control over your InterGreatMe account. You must prevent anyone from accessing your account by not disclosing your account details i.e. usernames, passwords or any information associated with your account.
7.3. You need to make sure that you do not fall for tricks that hackers and other fraudsters may use to try to get access to your account. Learn about phishing and other such techniques. Do not click on strange links in emails and always keep your passwords strong and secure. We are not responsible for any damages or harm you may suffer if unauthorised people access your account through no fault on our part.
9. How to contact us
9.2. Our physical address is 61 Katherine, Sandton, 2196.
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