NOTE: These product or service specific terms and conditions must always be read together with our other policies below
Your privacy is very important to us, below explains the information we collect from you, what we do with that information and our information security policy.
When you sign up for any of our services we will ask you to provide contact information for your convenience as well as legal reasons. This will include name, home address, e-mail addresses and payment details (credit or debit card and PayPal). If you need support our staff may need to know information to solve the problem such as operating system, browser software and editing software. When you visit this website we do record certain information using Google Analytics such as your location, browser version, ip address, screen resolution, operating system and flash support. This is so we can continue to provide the most convenient web site for all our visitors. Our website is protected by a Secure Sockets Layer (SSL) and verified by Comodo. This helps prevent eavesdropping on our website, just look for the padlock.
How Your Information Is Used
We will use your personal identifiable information in the following ways.
- For payment purposes and to provide convenient and targeted support.
- To contact you and announce special offers, general announcements and news. Please note you can opt out of receiving these emails at anytime by following the instructions at the bottom of the e-mail.
- To improve our service and the marketing of our service. This could include using your demographic location to improve targeting of our website and customise your visit.
We will NEVER provide your personally identifiable information to any persons other than A law enforcement or regulatory agency at their request, third parties who provide services on our behalf such as payment processing, only if they agree not to miss use this information.
We do not under any circumstances apart from the above give away or sell your information to any third parties.
Your personal information is safe with us, your information is safely encrypted using SSI. Our service is not available to anyone under the age of 13, never will we intentionally maintain information about anyone under the age of 13.
Upon using our free services, you may be requested to participate in our periodic internal surveys that are conducted by HostworX to determine your personal interests. These surveys are strictly voluntary. The data collected through these surveys will only be used to improve our products and services and will never be sold to any third parties.
Communications From The Site
When we receive email, we use return email addresses to reply with the information requested. Such addresses are not used for any other purpose and are not shared with outside parties. When supplying contact information to HostworX you can indicate your preference if you would like to be contacted to receive information and updates about our services by logging in to your HostworX account, going to your member profile page and choose not to receive any further notification emails from us or other information pertaining to HostworX. Information you submit to us will not be used for this purpose unless you indicate this as your preference. When supplying contact information to HostworX you can indicate your preference on your members profile page to participate in the HostworX newsletter. You will receive a confirmation email from us when placing an order on our site and paying through PayPal.
We provide you the opportunity to 'opt-in' and 'opt-out' of our newsletter at any time. Our newsletter is sent every month so it will certainly contain allot of useful information and any offers we may have. If you no longer wish to receive our newsletter and promotional communications, you may opt-out of receiving them at any time.
Information Sharing and Disclosure
We collect information from our website visitors using Google Analytics. We use this information to better design our Web site and services. This information is never shared with any third party. We do not link aggregate user data with personally identifiable information.
Personally Identifiable Information
How You Can Access /Correct Your Information
You can access all your personally identifiable information that we collect by logging into your password-protected HostworX account and selecting to update your 'My Details' We use this procedure to better safeguard your information. You can also correct factual errors in your personally identifiable information by sending us a request that credibly shows error. To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.
Specific Terms and Conditions
HostworX considers email transmitted via our service to be the private correspondence between the sender and recipient. We will not monitor, edit or disclose the contents of a user`s private communications, except as required by law, to comply with legal process, if necessary to enforce the Service Agreement, to respond to claims that such contents violate the rights of third-parties, or to protect the rights or property of HostworX. By using the service you agree that technical processing of email communications is and may be required to send and receive messages, to conform to the technical requirements of connecting networks, to conform to the limitations of the Service, or to conform to other, similar technical requirements. By using the service you acknowledge and agree that HostworX do not endorse the content of any user communications and are not responsible or liable for any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, tortuous, or otherwise objectionable content, or content that infringes or may infringe the intellectual property or other rights of another.
We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our Web site.
The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however we have taken every step possible to make your information safe. This website is protected by Secure Sockets Layer (SSL) to protect your information. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
Links To Other Sites
This Web site contains links to other sites that are not owned or controlled by HostworX. Please be aware that we, HostworX are not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave our site and to read the privacy statements of each and every Web site that collects personally identifiable information. This privacy statement applies only to information collected by this Web site.
Changes To This Privacy Statement
POPI ACT Addendum - Data Processing
1.1. This addendum deals with the Processing of Personal Information where the Customer is a Responsible Party, and HostworX is the Operator.
1.2. Where HostworX is the Responsible Party and Customer is the Data Subject, the processing of Customer's Personal Information is governed by the General Terms and Conditions, the Code of Conduct Regulations published under section 69 of the ECA, and POPIA.
1.3. In terms of this addendum:
1.3.1. HostworX will take accountability for Personal Information that traverses or is temporarily stored in devices on its Equipment/Network as set out in clause 4 read with clauses 6 and 7 of this addendum; and
1.3.2. Customer takes accountability for Personal Information on is Subscriber Equipment, or that is transmitted across the Customer's network as more fully set out in clause 5 of this addendum.
2. Definitions Capitalised terms not defined herein have the same meaning as defined in the General Terms and Conditions.
2.1. POPIA means the Protection of Personal Information Act, 4 of 2013;
2.2. Equipment/Network means all the network infrastructure between HostworX's Equipment;
2.3. Operatoris as defined in POPIA;
2.4. ECTA means the Electronic Communications and Transactions Act, 25 of 2002;
2.5. End-Point/s means the Managed Service Equipment (whether physical or virtual) connected to Customer's Subscriber Equipment;
2.6. Router means a router between HostworX's network and networks owned and administered by other network providers;
2.7. Data Subjectis as defined in POPIA;
2.8. Personal Information means Personal Information as defined in POPIA;
2.9. Processing means, for this addendum, the dissemination, transmission or distribution across the HostworX Equipment of Personal Information destined for, or originating from, Customer's End-Point/s; and
2.10. Responsible Party is as defined in POPIA.
3. Processing Personal Information in terms of ECTA
3.1. For purpose of this addendum, HostworX does not subscribe to the principles set out in section 52 of ECTA simply because HostworX does not retain the Personal Information it Processes;
3.2. HostworX is a member of a recognised industry representative body and accordingly the limitations of liablity in ECTA applies to the HostworX. Consequently, Customer acknowledges that in respect of Processing (as defined herein), ECTA provides as follows:
3.2.1. Mere conduit. HostworX is not liable for providing access to or for operating facilities for information systems or transmitting, routing or storage of data messages via an information system under its control, as long as HostworX —
22.214.171.124. does not initiate the transmission;
126.96.36.199. does not select the addressee;
188.8.131.52. performs the functions in an automatic, technical manner without selection of the data; and
184.108.40.206. does not modify the data contained in the transmission.
3.2.2. Hosting. Where HostworX provides a service that consists of the storage of data provided by Customer, HostworX is not liable for damages arising from data stored at the request of the Customer, as long as HostworX —
220.127.116.11. does not have actual knowledge that the data message or an activity relating to the data message is infringing the rights of a third party; or
18.104.22.168. is not aware of facts or circumstances from which the infringing activity or the infringing nature of the data message is apparent; and
22.214.171.124. upon receipt of a take-down notification referred to in section 77, acts expeditiously to remove or disable access to the data.
3.2.3. Caching. Where HostworX transmits data provided by Customer via an information system under its control, it is not liable for the automatic, intermediate and temporary storage of that data, where the purpose of storing such data is to make the onward transmission of the data more efficient to other recipients of the service upon their request, as long as HostworX —
126.96.36.199. does not modify the data;
188.8.131.52. complies with conditions on access to the data;
184.108.40.206. complies with rules regarding the updating of the data, specified in a manner widely recognised and used by industry;
220.127.116.11. does not interfere with the lawful use of technology, widely recognised and used by industry, to obtain information on the use of the data; and
18.104.22.168. removes or disables access to the data it has stored upon receiving a take-down notice referred to in section 77 of ECTA.
3.2.4. No general obligation to monitor. There is no general obligation on HostworX to monitor the data which it transmits or stores.
4. HostworX Obligations
4.1. Processing. HostworX will:
4.1.1. Process Personal Information on behalf of Customer only with the knowledge or authorisation of Customer;
4.1.2. treat Personal Information conveyed across its Core Network as confidential and will not disclose it unless required by law or in the course of the proper performance of its duties.
4.2. Security measures
4.2.1. Whilst HostworX is Processing Customer's Personal Information, HostworX will ensure that it takes appropriate, reasonable technical and organisational measures to prevent—
22.214.171.124. loss of, damage to or unauthorised destruction of Personal Information; and
126.96.36.199. unlawful access to or processing of Personal Informationwhilst traversing the HostworX Equipment/Network.
4.2.2. HostworX will notify Customer’s designated contact person immediately where there are reasonable grounds to believe that Personal Information has been accessed or acquired by any unauthorised person whilst traversing the HostworX Equipment/Network.
5. Customer Obligations
5.1. Customer acknowledges and agrees that the HostworX security products and services are only components of the Customer's overall security program.
5.2. Even though HostworX offers or provides Customer with security products to protect the logical and physical security of Customer's networking environments.
5.3. The Customer remains responsible for maintaining the security of its internal network and Subscriber Equipment from unauthorised access.
5.4. Customer must ensure that it obtains the consent of its Data Subjects for the transmission of Personal Information to countries outside of the Republic of South Africa
6. Customer Consents
6.1. To give effect to clause 4.1.1 above, Customer hereby freely and voluntarily provide HostworX with permission to Process its Personal Information in accordance with these terms and of POPIA.
6.2. Customer acknowledges that it understands how Personal Information will be Processed and consents to the Processing thereof.
7. Transmission of Personal Information Cross Borders
7.1. HostworX transmits messages to and from source and destination IP’s without interrogating the geographic location of a source or destination IP.
7.2. Furthermore, once a message exits the HostworX Core Network onto the network of an interconnect, peering or transit party’s network, HostworX has no further control of the path that the message is routed on, or the security measures taken along that path. This is a function of the nature of how the global internet functions.
7.3. Accordingly, HostworX has no control of the territories to or from which message are sent.