COLLECTING USER DATA
In addition, we may use a service that collects data remotely by using so-called “pixel tags,” “web beacons,” “clear GIFs” or similar means (collectively, “Pixel Tags”) embedded in the Site’s content. A Pixel Tag is an electronic image, often a single pixel (1×1), that is ordinarily not visible to Site visitors and may be associated with cookies on the visitors’ hard drives. This information is anonymous data.
OUR USE OF YOUR DATA:
PERSONAL DATA: We will use your Personal Data for the purposes for which it was provided. For example, if you provide Personal Data to become a user, member or premium subscriber of the site, register for a newsletter or a text messaging service, to enter a contest or a sweepstake, or to purchase goods or services, we will use it to register you for or provide you with those goods or services. We may also use your Personal Data to provide you with information about features, services and other offerings that may be of interest to you. We also may send information or offers to selected groups of Site users on behalf of other businesses. When we do this, we do not give those businesses your name or address. Under certain circumstances (for example if you win a contest) we may post your Personal Data on the Site. We will notify you of this possibility when you provide the Personal Data and, if possible, when the Personal Data is posted.
Cookies and similar tools may be used to relate your use of the Site and AA Data to Personal Data obtained from you. If any AA Data is linked with Personal Data, the linked AA Data will then be treated as Personal Data.
AA DATA: We may also use Personal Data in aggregate form for purposes of research or analysis. In order to better understand and serve the users of the Site and Other Services, ABN PUBLISHING PTY LTD often conducts research on its customer demographics, interests and behaviour based on Personal Data we gather. Although this aggregated data may be based in part on Personal Data, it does not identify you personally. ABN PUBLISHING PTY LTD may share this type of AA Data with a variety of third parties, including its affiliates, agents, and current and prospective business partners.
We may use AA Data collected from the Site for site administration, advertising and promotional purposes, and we may share such information with various affiliated and unaffiliated entities for such purposes. For example, IP addresses are used for the purposes of system administration and to provide AA Data to advertisers about the volume of use on the Site, and Clickstream Data and demographic AA Data may be shared with our advertisers and business partners. We may also enter into agreements with outside companies that possess technology that allows the Site to customize the advertising and marketing messages you receive on the Site. This data (including Clickstream Data about your activities on our Site) may be shared with these companies for this purpose.
DISCLOSURE OF PERSONAL DATA:
DISCLOSURE TO AFFLIATES: Personal Data collected by this Site may be shared with our affiliates which include other entities owned or controlled by ABN PUBLISHING PTY LTD, CNBC Africa or its parent companies. We reserve the right to share both Personal Data with our affiliates. If you do not want us to share your Personal Data with our affiliated companies for their marketing purposes, you may opt-out of such sharing by contacting us at [email protected]
DISCLOSURE TO THIRD PARTIES: ABN PUBLISHING PTY LTD, like many businesses, sometimes hires other companies to perform certain business-related functions on our behalf such as hosting specific portions of the Site, maintaining databases, administering contests, providing wireless services, mailing information and processing payments. When we employ a third party to perform these functions, that third party will only be provided with the particular Personal Data it needs to perform its function, and is required to protect the Personal Data. With your consent, we may also share Personal Data with pre-screened third parties for their marketing or promotional purposes. We will provide you with an opportunity to elect or decline these services or opportunities (see “Your Choices” below). In the event you have elected to “unsubscribe” from any of our services, we will share your Personal Data with third parties with whom we jointly offer such services solely to the extent necessary to ensure that your request not to receive such communications is honoured. In addition, for third-party sponsored sweepstakes, contests or promotions, we may request Personal Data from you that may be shared with the sponsor upon request. When you register on the Site you will be able to opt-in or opt-out of such sharing on the Member Centre page.
THIRD-PARTY ADVERTISING AND LINKS TO OTHER SITES:
You can use the Site and certain Other Services without providing any Personal Data, but if you decline to provide Personal Data, you may not be able to use certain services or features. If you have previously provided Personal Data to the Site and have subscribed to one or more email newsletters or are receiving emails or other communications from the Site and you do not want to receive such emails, please discontinue your subscriptions by selecting the “unsubscribe” link at the bottom of any message, visiting the Member centre section of the Site or contacting us at: [email protected] . You may opt-out of receiving offers from us and related products and services offered by third parties by adjusting your Site preferences at our “Member centre” link on the home page. If you ask that we stop using your Personal Data, we will honour that request. However we will retain records of your Personal Data as needed in order to comply with applicable all applicable laws.
ACCESS AND CORRECTION:
If you would like to review, correct or change the Personal Data that you have previously provided us, please go to the Member centre section of the Site and follow the appropriate instructions or contact us [email protected] We will take reasonable steps to update or correct Personal Data in our possession.
CHILDREN AND PRIVACY:
We encourage parents and guardians to spend time with their children online and to be fully familiar with the sites visited by their children. At various places on the Site or Other Services, we may ask users for their age. By using the Site or Other Services you agree to respond truthfully and accurately about your age. Children under the age of 16 years of age are expressly prohibited from submitting or posting any Personal Data on the Site or Other Services.
MESSAGE BOARDS, CHAT ROOMS, BLOGS AND OTHER USER FORUMS:
Please remember that information posted to message boards, chat rooms, blogs and other user forums becomes public information. Use caution when posting. Individuals under the age of 18 should be especially careful not to provide any personally identifiable information when participating in any area of the Site where postings might become public.
DATA SECURITY DISCLAIMER:
ABN PUBLISHING PTY LTD takes reasonable security precautions to secure the Personal Data that you choose to provide against the loss, misuse, alteration or unauthorized access of such information. Unfortunately, no transmission of data over the Internet is guaranteed to be completely secure. It may be possible for third parties not under the control of ABN PUBLISHING PTY LTD to intercept or access transmissions or private communications unlawfully. While we strive to protect your Personal Data, we cannot ensure or warrant the security of any Personal Data you transmit to us. Any such transmission is done at your own risk. If you believe that your interaction with us is no longer secure, please notify us of the problem by contacting us at [email protected]
OTHER TERMS AND CONDITIONS:
In respect of deliverables of affiliated Companies on sold under this agreement by CNBC Africa, CNBC Africa will act as agent and not principal in order to facilitate receipt of payment under this agreement.
We control and operate this Site from the Republic of South Africa. The Site is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the Republic of South Africa. Please note that we do not represent or warrant that the Site is appropriate for use in any particular jurisdiction. Those who choose to access the Site do so at their own initiative and are responsible for complying with all local laws, rules and regulations.
CONTACTING ABN PUBLISHING PTY LTD REGARDING YOUR PRIVACY:
HOW OUR SERVICE WORKS
ABN PUBLISHING PTY LTD provides users with access to a rich collection of resources related to financial and business news, such as ABN PUBLISHING PTY LTD video programming, financial tools and news analysis (the “Content”). Some of our Content requires users to be registered and other Content requires users to pay a fee which could be billed either in regular increments (e.g. monthly or yearly) or on a pay-per-use basis.
You understand and agree that the Service may include certain communications from ABN PUBLISHING PTY LTD, such as service announcements or administrative messages, and that these communications are part of the Service and you will not be able to opt out of receiving them. You understand and agree that the Service is provided “AS-IS” and that ABN PUBLISHING PTY LTD assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third party fees (such as internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Service.
In addition to the aforementioned ABN PUBLISHING PTY LTD’s website may contain hyper-links to third party sites. ABN PUBLISHING PTY LTD is not responsible for the content of, or the services offered by those sites. The hyper-link(s) are provided solely for your convenience and should not be construed as an express or implied endorsement by us of the site(s) or the products or services provided therein. The Users access those sites and use their products and services solely at their own risk
REGISTRATION OF YOUR ACCOUNT
In order to gain access to portions of the Services, you must become a member by choosing a unique user name, member name and password, and supply us with true, accurate, current and complete information about yourself, as required on the registration page. You will be informed prior to you registering for all mandatory fees that will be levied for the use of certain services. Your access to these services will be dependent upon all fees being paid up front. ABN PUBLISHING PTY LTD reserves the right to refuse you from registering and becoming a member or terminating your registration should it deem it necessary for any reason what so ever. You will have no right to any refund or re-imbursement for any fees already paid for use of these services.
SUBSCRIPTION OF PREMIUM SERVICE
In addition to the registration of your user account as stated above, you may also be invited to subscribe to certain services on the ABN PUBLISHING PTY LTD site. The subscription offered herein is for the Premium Service bouquet that will be offered to all registered users of the ABN PUBLISHING PTY LTD site at an additional fee.
The period for which you will be granted access to the Premium Service will be dependent on the package you choose.
Payment terms are set out under the PAYMENT CLAUSE below.
USER GENERATED MATERIAL AND USER CONDUCT
The ABN PUBLISHING PTY LTD site is a dynamic website that contains interactive features. In addition to gaining access to the site, users will also be able to post or upload comments or user-generated content such as video, photos, messages, other materials or items (this will be referred to as “User Generated material”). You are solely responsible for your use of any Interactive features and you use them completely at your own risk.
You further agree to be bound to the following conditions in regard to the manner of your conduct during your access and use of ABN PUBLISHING PTY LTD.
a. The user with the inclusion of but not the limitation of agrees that they will not transmit submissions to the ABN PUBLISHING PTY LTD site that:
i. Use any of the forums for illegal purposes;
ii. Are for purpose of spamming;
iii. Restrict or inhibit any other user from using and enjoying the forums;
iv. Are unlawful, threatening, abusive, defamatory, obscene, vulgar, profane, pornographic and/or allow for indecent information that constitutes a criminal offence and/or gives rise to a civil liability claim or otherwise violates any local, national or international law, or engage in activity that would constitute a criminal offense or give rise to a civil liability;
v. Violate the Copyright, Trademark or other Intellectual property rights of any other person by the submission of the content to the ABN PUBLISHING PTY LTD site through the forums or other avenues, which allow for such submissions. The user by the transmission of content in any manner whatsoever, represents to ABN PUBLISHING PTY LTD that they are the rightful owner of such content transmitted or that the user has obtained permission from the rightful owners to submit such content transmitted;
vi. Contain viruses or other harmful content;
vii. Are intended for commercial purposes, contain marketing or promotional materials or are intended to solicit donations.
PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that the Service, the Materials, the Content and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by ABN PUBLISHING PTY LTD or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. ABN PUBLISHING PTY LTD grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer or other compatible device such as a smart phone or tablet; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to (a) modify the Software in any manner or form, or (b) use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by ABN PUBLISHING PTY LTD for use in accessing the Service. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
DISCLAIMER IN REGARD TO THE INFORMATION WE PROVIDE
The information we provide on the ABN PUBLISHING PTY LTD website is supplied by ABN PUBLISHING PTY LTD primarily as a broadcaster. ABN PUBLISHING PTY LTD is a content provider and not a publisher of the information.
The content available on ABN PUBLISHING PTY LTD may be provided by various information providers. ABN PUBLISHING PTY LTD neither endorses nor is responsible for the accuracy or reliability of any information, opinion, advice or statement that is conveyed on ABN PUBLISHING PTY LTD
The information and opinions contained herein are not advice to buy or sell securities or any other investment instruments. Accuracy and completeness of data and opinions are not guaranteed.
ABN PUBLISHING PTY LTD, its owners, subsidiaries, its other affiliates, or any of their respective employees, agents, third part content providers, licensors, information providers or content partners is not liable regardless of the course or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or inauthenticity of the information contained within ABN PUBLISHING PTY LTD, or for any delay or interruption in the transmission thereof to you, or for any claims or losses arising therefrom or occasioned thereby. None of the abovementioned Parties shall be liable for any third-party claims or losses arising therefrom or occasioned thereby. None of the above mentioned Parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. Neither ABN PUBLISHING PTY LTD, its owners subsidiaries, its other affiliates nor any of their respective employees, agents, third party content providers, licensors, information providers or content partners warrant or guarantee the timeliness, sequence, accuracy or completeness of this information. Additionally, there are no warranties as to the results obtained from the use of the information.
DISCLAIMER OF WARRANTY: LIMITATION OF LIABILITY
In no event will ABN PUBLISHING PTY LTD, its owners, subsidiaries, its other affiliates nor any of their respective employees, agents, third party content providers or licensors or any person or entity involved in creating, producing or distributing ABN PUBLISHING PTY LTD or the ABN PUBLISHING PTY LTD software, be liable for any damages, including, without limitation, direct, indirect, incidental, special consequential or punitive damages arising out of the use or inability to use ABN PUBLISHING PTY LTD.
ABN PUBLISHING PTY LTD disclaims any and all liability of any kind for any unauthorized access to or use of your personally identifiable information. By accessing ABN PUBLISHING PTY LTD, you acknowledge and agree to ABN PUBLISHING PTY LTD’s disclaimer of any such liability. If you do not agree, you should not access or use ABN PUBLISHING PTY LTD.
ABN PUBLISHING PTY LTD and its owners, affiliates, suppliers, agents and sponsors do not warrant and accept no liability that your use of the Services and any content contained therein, including without limitation, Third-Party Content, will be uninterrupted, error-free, or secure, that defects will be corrected, or that the Services or the server(s) on which the Services are hosted are free of viruses, worms, malicious code, Trojan horses, malware, or other harmful components. ABN PUBLISHING PTY LTD and its owners, affiliates, suppliers, agents and sponsors accept no liability for any software downloaded from the Services. You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Services, and all charges related thereto. You assume total responsibility and risk for your use of the Services and Your reliance thereon. No opinion, advice, or statement of ABN PUBLISHING PTY LTD or its owners, affiliates, suppliers, agents, members, or visitors, whether made on the site or otherwise, shall create any warranty. You use of the site, the content contained therein, and materials provided through the site, are entirely at your own risk. ABN PUBLISHING PTY LTD and its owners, affiliates, agents and sponsors will not be liable for any informational errors, incompleteness, delays or any actions taken in reliance on information contained in the Services.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that ABN PUBLISHING PTY LTD shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.
Under no circumstances shall ABN PUBLISHING PTY LTD be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
You agree to defend, indemnify and hold harmless ABN PUBLISHING PTY LTD, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of ABN PUBLISHING PTY LTD by you or your Account.
TERMINATION AND CANCELLATION
Should you be a Premium Service Subscriber ABN PUBLISHING PTY LTD reserves the right to cancel your subscription to the Premium Service at any stage should it deem necessary for any reason whatsoever.
Should this cancellation be for a security risk or any reason attributed to you or your use or the information supplied by you then ABN PUBLISHING PTY LTD will not refund any fees already paid. This is not a waiver of any legal rights that ABN PUBLISHING PTY LTD may in addition have, and may at its discretion pursue any further legal recourse that it may have against you.
You may cancel your subscription of the Premium Service or choose to opt out from receiving the additional services at any time. You will not be entitled to a return of any fees that you have already paid, however no further fees will be levied to your account.
ABN PUBLISHING PTY LTD reserves the right to discontinue any Subscription Service at any time, and to cancel your subscription in connection with the discontinuation of the Subscription Service; in such event, ABN PUBLISHING PTY LTD will provide a pro-rata return of your subscription fee based on the unused portion of your subscription. We reserve the right to terminate your account for any reason or no reason.
WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-PERIOD SUBSCRIPTION PERIODS OR UNUSED SERVICES, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW
ABN PUBLISHING PTY LTD will only accept credit card payments as a means of payment for all fees, payments, subscriptions, or any other charges that it will levy for use or access to ABN PUBLISHING PTY LTD.
YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE THE PAYMENT METHOD YOU PROVIDE.
The subscription fee will be billed at the beginning of your subscription and on each periodic renewal thereafter unless and until you cancel your membership.
In the event a monthly membership began on a day not contained in a given month, we will bill your Payment on the last day of such month. For example, if you became a paying member on January 31st, your Payment would next be billed on February 28th. If you received a free trial, your Payment will be authorized for the approximate period of service indicated during registration for the free trial; however, no charges will be made against the Payment unless you do not cancel prior to the end of your free trial period. All fees, taxes and charges are non-refundable. There will be no refunds or credits for partially used periods, unless required by applicable law. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by posting a notice by e-mail. If there is a change in your credit card validity or expiration date, you may edit your Payment Method information by clicking on the “edit payment options” button on the Homepage. If your Payment reaches its expiration date, your continued use of the Subscription Service constitutes your authorization for us to continue billing that Payment and you remain responsible for any uncollected amounts. If a charge to your credit card is denied for any reason, ABN PUBLISHING PTY LTD shall have the right to terminate or suspend your subscription and your access to the Subscription Service.
If any of the terms and conditions of this agreement should be deemed to be unlawful, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms and conditions are intended to be effective than to the extent only and within the jurisdiction in which that term and condition is illegal, invalid or unenforceable, it shall be severed and deleted from this agreement and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
You hereby consent to the jurisdiction of the Magistrate’s Court in the Republic of South Africa in respect of any proceedings that may be initiated by ABN PUBLISHING PTY LTD arising out of these terms, provided that ABN PUBLISHING PTY LTD shall be entitled, in its sole discretion, to institute such proceedings in the High Court of South Africa and, in such event, you consent to the jurisdiction of such court and agree that costs shall be calculated in accordance with the tariff of such court.
ABN PUBLISHING PTY LTD (Pty) Ltd, Registration number 2007/106909/07, registered in accordance with the Company’s Laws of South Africa.
4TH Floor, Sandown Mews,
88 Stella Road,
Sandton, South Africa