DM Craft Bait Boats

Your Ultimate Fishing Accessory

PRIVACY POLICY 

All the information (“personal information”) supplied by you voluntarily or mandatory will be recorded and processed regardless of form or medium in which the information was supplied. DM Craft Bait Boats (“The Supplier”) has a strong commitment to providing excellent service to all of our customers, including respecting concerns about privacy. The Supplier will explicitly ask when we need information that personally identifies you or allows us to contact you. If you are under 18 years of age (minor), we will require the consent of your parent/guardian/competent person before we will process the personal information of the minor, unless it is in the public interest. 

We will process the following information: 

Generally personal information is requested when requesting a particular service, information or goods. You agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything. The following consequences will apply if you fail to provide accurate information: 

The purposes for which The Supplier will use your personal information are as follows: to transact with you via SMS, telephone, social media (including WhatsApp, Facebook, Skype, Instagram, You Tube and Twitter) postal address, website or email to provide services/products/information to you; to inform you of new features, services, special offers and products (provided you have not declined to receiving such marketing material); to enable us to process, validate and verify requests for services or goods and for the purposes for which you specifically provided the information; to improve your experience on our website (if any). 

Any other purpose: 

The Supplier shall be entitled to disclose personal information if required to do so (a) to comply with applicable law or with legal process served on The Supplier; (b) to protect and defend the rights or property of The Supplier, and (c) for the purposes of distributing same to various employees and/or third parties who assist The Supplier in providing services to you and thus need to know your personal information in order to render a proper and efficient service to you. We will ensure that all such employees and/or third party service providers having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations in relation to your personal information. 


The Supplier will: 

  • treat your personal information as strictly confidential; 
  • take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful                  processing, accidental loss, destruction or damage, alteration, disclosure or access; 
  • promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information; 
  • provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable request; and 
  • upon your request, promptly return, destroy, rectify any and all of your personal information in our possession or control. 


We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, for historical, statistical, research purposes or you consent to us retaining such information for a longer period. 

You have the right at any time to rectify the Personal Information collected, object to the processing of Personal Information (subject to legislation) and to lodge a complaint at the Information Regulator with contact details: 

The Information Regulator (South Africa) 

SALU Building 
316 Thabo Sehume Street 
PRETORIA 
Tel: 012 406 4818 
Fax: 086 500 3351 
Email: inforeg@justice.gov.za 

The Personal Information processed by The Supplier will transfer the Personal Information to a third country or International organisation and if transferred the following security measures are in place to protect the Personal Information that will be transferred: 

Via a secure email network and file sharing that has controlled access. 

Contact details of the supplier: 

DM Craft Bait Boats 
Tel: + 27(0)84 325 6491 
       + 27(0)11 974 5010
Email: info@dmcraft.co.za 

All enquiries must be addressed to the Information Officer.   


TERMS OF USE (Updated on 6 November 2018) 

1. WEBSITE TERMS OF USE 

These Terms (“Terms”) govern your (“User”) use of DM Craft Bait Boats (“Provider”) website located at the domain name http://www.dmcraft.co.za (“the Website”). By accessing and using the Website, the User agrees to be bound by the Terms set out in this legal notice. If the User does not wish to be bound by these Terms, the User may not access, display, use, download, or otherwise copy or distribute any content obtained from the Website. 

2. UPDATING OF THESE TERMS 

Provider may change, modify, add to or remove from portions or the whole of these Terms. Changes to these Terms will become effective when the changes are posted on the Website. Provider will notify the User of the changes by posting the update dates in the title of this document. The User’s continued use of the Website following the posting of changes or updates will be considered notice of the User’s acceptance of the Terms, including any changes or updates. 

3. COMPLAINTS AND DISPUTES 

Users can file complaints via the “Contact us” service of the Website. Currently, Provider does not subscribe to any alternative dispute resolution code or mechanism. 

4. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS 

4.1. Provider provides certain information on the Website. Content displayed on the Website is provided by Provider, its affiliates or subsidiary, or any other third party owners of the content (“Content”). All the proprietary works, and the compilation of the proprietary works, belong to the Provider, its affiliates or subsidiary, or any third party owners of the rights (“Owners”), and the Content is protected by South African and international copyright laws. 

4.2. The Provider may make any changes to the Website, the Content, or to products or services offered through the Website at any time and without notice to the User. All rights in and to the Content is reserved and retained by the Owners. Except as specified in the Terms, the User is not granted a license or any other right including under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content. 

5. LIMITATION OF LIABILITY: 

5.1. Subject to sections 43(5) and 43(6) of the ECTA, and to the extent permitted by law, the Website and all Content on the Website, are provided on an “as is” basis, and may include inaccuracies or typographical errors and Provider, Owners, suppliers, employees, directors partners, affiliates and agents will not be liable for any damage, or loss or liability of any representation as to the availability, accuracy or completeness of the Content, or any third-party content accessible via an internet link. 

5.2. Not any of the Content, including articles published pertaining to specific aspects of the law must be construed as legal advice in respect of such aspect or any other aspect of the law. Users which choose to act in accordance with the contents of the website, including any article published thereon, completely does so on his or her own risk. Not the Provider, Owners, suppliers, employees, directors, partners, affiliates nor any of the aforementioned parties’ agents can be held liable for any damages, of whatsoever nature, due to such action by any User. 

5.3. Neither Provider nor any holding company, affiliate, agent, subsidiary of Provider or Owners, will be held responsible for any damage of any kind, related to the use of, or the inability to access or use the Content or the Website or any functionality, or of any linked website to the extent permissible by law. 

6. PRIVACY, ACCESS TO AND USE OF INFORMATION

6.1. Provider receives various types of information (“Information”) from Users who access the Website, including personal information as detailed in the Promotion of Access to Information Act (“PAIA”), Act 2 of 2000, and as detailed in section 1 of ECTA (“Personal Information”).

6.1.1. Provider may, by the use of Cookies, electronically collect, store and use Personal Information, inter alia name, contact details, surfing patterns, email, IP address of the User. Provider voluntarily subscribes to section 51 of ECTA and endeavours to treat Personal Information received by Provider accordingly. 

6.1.2. Whenever the User is of the opinion that Provider fails to comply with section 51 of ECTA, the User will contact Provider by sending an email to info@dmcraft.co.za. The Provider will review the User’s representations made by email and, if within the Provider’s sole and absolute discretion advisable, take corrective action and in any event within 7 (SEVEN) days respond to User informing about corrective actions taken, if any. 

7. INTERCEPTION OF COMMUNICATIONS 

7.1. Despite such undertaking, it is possible for internet-based communications to be intercepted.

7.2. Without the use of encryption, the internet is not a secure medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception and forging. 

7.3. The Owners will not be responsible for any damages the User or any third party may suffer as a result of the transmission of confidential or disclosed information that the User make to the Owners or Provider through the internet, or that the User expressly or implicitly authorise the Owners to make, or for any errors or any changes made to any transmitted information. 

7.4. To ensure acquaintance with and awareness of the privacy measures and policies of the Provider, the User is urged to take care to read and understand the underlying privacy clauses incorporated in these Terms. 

8. PRIVACY - CASUAL SURFING 

8.1. The User may visit the Website without providing any personal information. 

8.2. The User accordingly grants express written permission for the Website servers in such instances collecting the IP address of the User computer, but not the email address or any other distinguishing information. 

8.3. This information is aggregated (added up) to measure the number of visits, average time spent at the Website, pages viewed, etc. 

8.4. Provider uses this information to determine use of the Website, and to improve Content. 

8.5. Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use the information.

9. PRIVACY - PROMOTIONAL INFORMATION 

Provider aspires to provide first-class service to its customers, which requires Provider providing information to the User about new services or special offers. In each instance, the User is provided an opportunity to opt-out of such information circulars. For more information, please call the Provider Help Desk, or send an email to info@dmcraft.co.za 

10. PRIVACY- INTERCEPTION 

Subject to the Regulation of Interception of Communications Act, Act 70 of 2002 (“RICA”), the User agrees that the Provider may intercept, block, read, delete, disclose and use all communications sent or otherwise communicated to the Provider, its employees, directors and agents. User agrees that his or her consent satisfies the requirements of ECTA and RICA for consent in “writing” as defined. 

11. CHOICE OF LAW 

11.1. This Website is controlled, operated and administered by Provider from its offices as set out below within the Republic of South Africa. 

11.2. The Terms will be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of any competent South African Court in the event of any dispute. 

11.3. If any of the provisions of the Terms are found by a court of competent jurisdiction to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible so as to give effect to the intent of the Terms, and the remainder of the Terms will continue in full force. 

11.4. The Terms constitute the entire agreement between the Provider and the User with regard to the use of the Content and the Website. 

12. CONTACT DETAILS

In the event that you need to contact Provider for purposes related to the Terms, kindly use the contact details on our “contact us” page. This Website was most recently updated on 6 November 2018.