TERMS AND CONDITIONS OF SERVICE

As a result of the Protection of Personal Information Act 4 of 2013 – I, the undersigned, hereby expressly acknowledge, understand, and agree to provide personal information to NuHuman Transformation Clinic with the express understanding that:

All personal information, including special personal information, provided to NuHuman Transformation Clinic may be processed as defined in the Protection of Personal Information Act (“POPI”),

Specific consent is given that the personal information may be retained for the duration of the membership/ professional relationship between us and for a period of seven years after submission of the information herein,

Specific consent is given that the personal information may be collected (including collection from any third party or source), received by the Company, recorded, organised, collated, stored, updated, modified, retrieved, altered, consulted, used, processed for the purpose of this employment application, transmitted – including transmission to a third party in a foreign country, distributed or made available – also in another form, subjected to further processing, merged, linked, restricted, degraded, erased and destroyed. Will ensure that any personal information of a child will be supplied to the Company only with the consent of a competent person to all the provisions set out herein.

I, the undersigned, confirm that I have read the below Privacy Policy and that I/we agree thereto.

EFFECTIVE FROM: 1 August 2021

  • INTERPRETATIONS AND DEFINITIONS

1.1 The following words shall, unless the context otherwise requires, have the meanings hereinafter assigned to them:

  • words signifying the singular number shall include the plural and vice versa;
  • words signifying the masculine shall include the feminine;
  • any words defined in the Electronic Communications and Transactions Act 25 of 2005 not defined hereunder shall bear the same meaning in these Terms and Conditions in relation to matters referred to herein;
  • a reference to any Act shall include any amendment thereto or Act in substitution, therefore;
  • each term, power or authority herein shall be given the widest possible interpretation;
  • the headings to the sections in these Terms and Conditions are for reference purposes only and shall not be taken into account in the interpretation of the provisions in these Terms and Conditions.

1.2       The following words expressions and abbreviations shall have the meaning hereinafter assigned to them:

  • content’ means any material, in whatever form, including but not limited to any information, posts, photographic shots, 3D conversions of photographic shots, 3D tour, video recordings, adaptations, logos, buttons, icons, software, trademarks, texts, graphics, software, music, sound, audio, photographs, videos, data, database, Intellectual Property, Confidential Information contained in this Website, Digital and Online Platform;
  • Copyright’ means the Intellectual Property contained in the content which shall vest in all the content contained on this Website, Digital and On-line Platform, such content irrespective of the form in which it is displayed or presented remains the property The NUHUMAN GROUP;
  • CPA” means the Consumer Protection Act, 68 of 2008;
  • Effective Date” means the date upon which this Agreement take effect and the membership is operative;
  • Equipment” means the equipment, weights, machines, sporting and other facilities of the Clubs;
  • Fixed Term” means the minimum Agreement period as stipulated on the application form, which is calculated from the Effective Date;
  • Franchisee’ means a juristic person or other who has entered into a Franchise Agreement with NuHuman (Pty) Ltd with respect to the provision of The NUHUMAN GROUP’s Products and Services to customers under the terms set out in that Franchise Agreement, and as such is responsible for the processing and collection of its own customer information as stipulated in this Agreement as well as the Privacy Policy accessible on the Website, Digital and Online Platform;
  • Intellectual Property’ means any and all information, content, Copyright, graphics or otherwise contained in this Website, Digital and On-line Platform, irrespective of whatever form it takes;
  • Terms and Conditions’ means this agreement between the users or visitors of our clinics and this Website, Digital and On-line Platform and the proprietor of this Website, Digital and Online Platform;
  • Member” refers to the member whose name/s, address and other details appear on the application form under the heading “Member Details”;
  • Membership Fees” means the fees which are payable by you to us in accordance with the provisions of this agreement;
  • Party’ singularly refers to a user of this Website, Digital and On-line Platform and visitors of our clinics; ‘Parties’ collectively refers to a user of this Website, Digital and On-line Platform, visitors of our clinics and the proprietor of the Website, Digital and Online Platform;
  • Privacy Policy’ means the manner in which the user of the Website, Digital and On-line Platform will administer the information acquired as a result of the use of this Website, Digital and Online Platform;
  • Service’ means the services and products provided by The NUHUMAN GROUP and its Franchisees;
  • Signature Date” means the date of signature of this agreement by the last Party to sign same;
  • Website, Digital and Online Platform’ means the NUHUMAN GROUP Website, Digital and Online Platform, owned and operated by NUHUMAN (PTY) LTD which can be accessed on www.NuHuman.co.za; and
  • written notice’ means any notice sent to The NUHUMAN GROUP by a Member or user of the Website, Digital and Online Platform, addressed to The NUHUMAN GROUP.
  1. DURATION

Available Options

a) Month to month, applicable notice period, 30 (thirty) days;

b) 3 Month fixed term, applicable notice period, as per 2.2 below;

c) 6 Month fixed term, applicable notice period, as per 2.2 below;

d) 12 Month fixed term, applicable notice period, as per 2.2 below;

2.1.      Your membership in terms of this Agreement will start on the Effective Date.

2.2.      You can terminate this Agreement :(a) on the expiry of the Fixed Term, on written notice to us; or (b) during the Fixed Term, on 20 (twenty) Business Days written notice to us.

2.3.      We may, during the Fixed Term, terminate this Agreement 20 (twenty) Business Days’ after giving you written notice to remedy a material breach and you failing to remedy such breach within that period.

2.4.      Should you terminate this Agreement prior to the expiry of the Fixed Term (or any renewal period) for any reason other than provided for in this Agreement, you will be responsible for 50% (Fifty Percent) of the amounts owing to us up until the date of termination and we will be entitled to levy a reasonable cancellation penalty of R1 000 determined in accordance with the guidelines set out in the CPA and, if applicable, the CPA Regulations.

2.5.      On the expiry of the Fixed Term, this Agreement will be automatically continued on a month-to-month basis, (subject to any changes of which we will have given you notice as is required in the CPA) unless you expressly tell us to terminate this Agreement on the expiry of the Fixed Term or you agree to a renewal of this Agreement for a further Fixed Term.

2.6.      We reserve the right to terminate this Agreement on the expiry of the Fixed Term, on notice to you.

 

  1. MEMBERSHIP TYPE

a.) Individual membership

b.) Family membership

c.) Digital membership

 

  1. ACCESS TAG OR CONTROL

A once-off access tag fee or tag reactivation fee as specified by us will be payable by you. Your access tag is required to enable you to gain access to the Clubs. If you lose your access tag, you will be required to replace it at a fee specified by us.

  1. ONCE-OFF JOINING CHARGE

You will be required to pay the Joining Charge to us which is not related to the cost of the membership, access to the service facilities or the clinics. For the avoidance of doubt, the Joining Charge does not give you ongoing access to the Clubs and is additional to payment of the Membership Fees. The Joining Charge is non-refundable, except where you have exercised your right to cancel this Agreement during the cooling-off period. If your membership is cancelled for any reason by you or us and you subsequently wish to rejoin, then you will have to pay the applicable Joining Charge again.

  1. MEMBERSHIP FEES

The Membership Fees are payable by you each month for access to a clinic (in accordance with your selected Membership Type), which is to be paid by you as follows:

  • in the amount stated on the application form under the heading ” Membership Fee” for those number of the months of the Fixed Term as is stated in the Agreement;
  • in the amount stated on the application form under the heading ” Membership Fee”, for each and every month of the balance (if any) of the Fixed Term, payable on the date of the month (as stated on the application form) commencing on the month of in which the Signature Date occurs, and thereafter on the same day of each and every succeeding month of the Fixed Term;
  • Membership Fees due by you to us for the initial month will be Pro-Rated from the Effective Date to the end of the initial month.
  • For each and every month that this Agreement continues after the expiry of the Fixed Term, the Membership Fees are payable by you to us for ongoing access to the relevant clinics (in accordance with your selected clinic membership benefit) will be equal to:
  • the Membership Fees applicable for the last month of the Fixed Term, which will automatically escalate after the expiry of the Fixed Period and each and every annual anniversary thereafter at the greater of 10% or the increase by the percentage increase in the CPI, which is to be paid by you on the date of the month (as stated on the application form) following the month of the after the expiry of the Fixed Term and thereafter on the same day of each and every succeeding month.
  • You are required to pay to us the Joining Charge by no later than the Contract Start Date.
  1. COOLING-OFF

You have the right to terminate this Agreement, which must be exercised by notice in writing from you to us given and received within 5 (five) Business Days after the Signature Date. If you exercise the right of termination, this Agreement will automatically be terminated you will be refunded any payment we received from you within 15 (fifteen) Business Days after your notice of termination is received by us.

  1. CONSENTS

You agree that we are entitled at any time to communicate with any registered Credit Bureau to obtain any information relating to payment behaviour, creditworthiness or defaults and that such information can be disclosed to any other person. Should you default in the due and punctual fulfilment of any obligation in terms of this Agreement, we will have the right to provide credit bureaus and agencies with details of your breach.

  1. USE OF THE FACILITIES

To the extent permissible by law and subject always to the provisions of the CPA:

  • I agree that the use of the Equipment is strictly at my sole risk. I agree to use the Equipment with all reasonable skill and care and in accordance with the manufactures’ suggested or stipulated specifications as laid down in any documentation or manual and I undertake to pay for all and any damage to the Equipment caused by me or persons using the Equipment with my authorisation.
  • Access to the clinics will be subject to your compliance with this paragraph and with the terms and conditions of this Agreement.
  • We reserve the right to exclude you from the clinics in the event of an actual or threatened breach of this paragraph or other conditions of this Agreement.
  1. CLINIC RULES

10.1.    You are required at all times to comply with the rules, policies and procedures as established by us regarding access, use and enjoyment of the clinics and which are considered to form part of the terms and conditions of this Agreement. We reserve the right to amend or add any of such rules, regulations and procedures at any time at our discretion. A copy of the current rules and regulations is available at your NuHuman Transformation Clinic.

10.2.    Appropriate action will be taken against any member should he or she fail to comply with the rules and policies, including termination of membership. If we suspect that you are guilty of any conduct which would entitle us to terminate your membership, then we will be entitled in our discretion, pending the completion of our further enquiries and our final decision whether or not to terminate your membership, to suspend your membership.

  1. WARRANTY AND LIABILITY

11.1     The products, claims made about specific products sold and marketed, procedures, advice and services, provided by NUHUMAN TRANSFORMATION CLINIC (PTY) LTD (hereinafter referred to as (“NUHUMAN”) have been evaluated and certified by the Health Products Association of South Africa. Although good results are expected, NUHUMAN cannot guarantee or give a warranty either expressed or implied with regard to the results that may be obtained.

11.2     The NUHUMAN products, procedures, advice and services are not intended to provide diagnosis, treatment or medical advice. Products, services, procedures, advice and information and/or other content provided on the NUHUMAN website or in stores, including information that may be provided on the website directly or by linking to third-party websites are provided for informational purposes only. Please consult with a physician or other healthcare professional regarding any medical or health-related diagnosis or treatment options.

11.3     Products, procedures, advice, services and information provided on the website and linked websites, including information relating to medical and health conditions, treatments and products may be provided in summary form. Information provided by NUHUMAN including any product label or packaging should not be considered as a substitute for advice from a healthcare professional.

11.4     NUHUMAN does not recommend self-management of health issues. The products, procedures, advice, services and information which we provide on our website and/ or other platforms is not comprehensive and does not cover all diseases, ailments, physical conditions or their treatment. Contact your healthcare professional promptly should you have any health-related questions. Never disregard or delay medical advice based upon the information you may have acquired from NUHUMAN, its employees, or associates.

11.5     Links to or access from any third-party websites or resources is not an endorsement of any information, products, procedures, advice or services. We are not responsible for the content or performance of any third party websites. Use of any third party website is at your own risk.

11.6     You should not use the products, procedures, advice or services provided by NUHUMAN to diagnose or treat any health issues or for prescription of any medication or other treatment. You should always consult with your healthcare professional and read information provided by the product manufacturer and any product label or packaging, prior to using any medication, nutritional, herbal or homoeopathic product or before beginning any exercise or diet program or starting any treatment for a health issue.

11.7     Individuals are different and may react differently to different products, procedures, advice or services. You should consult your physician about interactions between medications you are taking and nutritional supplements. Comments made in any of HUHUMAN’s forums, by employees or users of our products, procedures, advice or services are strictly their own personal views made in their own personal capacity and are not claims made by us or do they represent our positions or views.

11.8     Product and service ratings by any current or previous employees or customers are strictly their own personal views made in their own personal capacity and are not intended as a substitute for appropriate medical care or advice from a healthcare professional. We are not liable for any information provided by any third party with regard to recommendations regarding supplements for any health purposes.

11.9     Always check the product label or packaging prior to using any product. If there are discrepancies, customers should follow the information provided on the product label or packaging. You should contact the manufacturer directly for clarification as to product labelling and packaging details and recommended use.

  1. WAIVER

I hereby waive any and all claims of whatsoever cause or nature, howsoever arising against the NUHUMAN its directors, shareholders, principals, partners, employee’s, contractors, insurers, representatives and its successors in title or any person connected to NUHUMAN whether directly or indirectly with the running and/or operations of NUHUMAN, which I, my dependents, executors or curators might have arising out of any harm, injury, illness, death or loss suffered from the use of NUHUMAN’s products, procedures, advice or services and whether arising from an act of commission or omission on the part of those hereby indemnified or anyone of them.

  1. INDEMNITY

I hereby indemnify and hold harmless and free NUHUMAN its directors, shareholders, principals, partners, employee’s, contractors, insurers, representatives and its successors in title or any person connected to NUHUMAN whether directly or indirectly involved with the running and/or operations of NUHUMAN from any and all claims of whatsoever cause or nature which may arise on behalf of my spouse, children (whether minor or major), relatives and/or persona who may make use of the products, procedures, advice or services which I acquired from NUHUMAN and who suffer harm, injury, illness, death or loss as a direct or indirect result of using NUHUMAN products, procedures, advice or services and whether arising from an act of commission or omission on the part of those hereby indemnified or anyone of them.

  1. INFORMED CONSENT

I, the undersigned, certify that I have read and fully understand the contents of this form, furthermore, I fully understand the possible risks associated with the proposed treatment procedures and acknowledge that no guarantee has been made to me regarding the outcome of the said procedures or use of the products or services. I attest hereto to the fact that I have made the decision to accept the advice, procedures, services and products provided and/or sold by NUHUMAN based on the comparison of the risks and potential benefits, I attest that NUHUMAN has advised me to discuss the alternative health and well-being advice, products, procedures and services with a medical professional and as such I attest that I have made my decision voluntarily and freely.

PRIVACY POLICY

WE ARE COMMITTED TO PROTECTING YOUR PRIVACY AND YOUR PERSONAL INFORMATION

THIS PRIVACY POLICY IS SUBJECT TO THE TERMS AND CONDITIONS ON THIS WEBSITE, DIGITAL AND ONLINE PLATFORMS, IT GOVERNS OUR POLICIES AND PRACTICES WITH RESPECT TO THE PERSONAL INFORMATION AND OTHER DATA COLLECTED BY THE NUHUMAN GROUP ITS FRANCHISEES AND AFFILIATES.

BY CONTINUING TO USE THIS WEBSITE, DIGITAL AND ONLINE PLATFORMS, YOU AGREE TO THE TERMS AND CONDITIONS SET OUT IN THIS PRIVACY POLICY. PLEASE NOTE THAT BY SUBMITTING INFORMATION VIA THIS WEBSITE, DIGITAL AND ONLINE PLATFORMS TO OUR FRANCHISEES OR AFFILIATES, OR TO OUR OFFICE AND ANY OTHER PLATFORM USED BY US, YOU CONSENT TO THE COLLECTION, COLLATION, PROCESSING AND STORING OF SUCH INFORMATION AND THE USE AND DISCLOSURE OF SUCH INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY.

WE RECOMMEND THAT YOU READ THIS PRIVACY POLICY TOGETHER WITH OUR TERMS AND CONDITIONS PRIOR TO SUBMITTING INFORMATION TO THIS WEBSITE, DIGITAL AND ONLINE PLATFORMS.

 

  1. INTRODUCTION

1.1  This is the Privacy Policy of NUHUMAN TRANSFORMATION CLINIC (PTY) LTD, its Franchisees and Affiliates who license, promote, distribute, sell and market our Products and Services or provide customers with advice as sanctioned by THE NUHUMAN GROUP (hereinafter referred to as ‘us’, ‘we’ or ‘our’ as required by the context). In this Privacy Policy, we list our policies regarding the collection, use, and disclosure of Personal Information or data when you use our service and the choices you have associated with that data. We use your data to provide and improve our service. By using the service, you agree to the collection and use of information in accordance with this Privacy Policy.

1.2      The provisions as set out in this Privacy Policy are in conjunction with the provisions as set out in the Terms and Conditions of our Website, Digital and On-line Platforms as set out above.

 

  1. DEFINITIONS

2.1   The following words expressions and abbreviations shall have the meaning hereinafter assigned to them:

2.1.1  ‘Service’ means the service(s) and/or products provided on our Website, Digital and On-line Platforms as advertised on the Website, Digital and On-line Platforms by email or other marketing campaigns under the same domain operated by the proprietor of this Website, Digital and Online Platforms;

2.1.2    ‘Personal Information’ means data about a living individual (you) who can be identified from those data (or from those and other information either in our possession or likely to come into our possession), such as your name, contact details, your company details and service history. It may also contain information of your browsing habits on our Website, Digital and Online Platforms;

2.1.3  ‘Data or Content’ means data collected automatically either generated by the use of service and providing certain information or from the Service infrastructure itself which includes Personal Information;

2.1.4  ‘Cookies’ means small pieces of data stored on your device;

2.1.5  ‘Data Controller’ means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.

For the purpose of this Privacy Policy, we are a Data Controller of your Personal Information, Content or Data;

2.1.6  ‘Data Processors or Service Providers’ means any natural or legal person who processes the data on behalf of the data controller. We may use the services of various Service Providers in order to process your data more effectively; and

2.1.7  ‘Data Subject or user’ means any living individual who is using our service and is the subject of Personal Information;

2.1.8  ‘Franchisee’ means a juristic person or other who has entered into a Franchise Agreement with Nuhuman (Pty) Ltd with respect to the provision of The NUHUMAN GROUP’s Products and Services to customers under the terms set out in that Franchise Agreement, and as such is responsible for the processing and collection of its own customer information as stipulated in this Agreement as well as the Privacy Policy accessible on the Website, Digital and Online Platforms.

  1. CONSENT

3.1   How does The NUHUMAN GROUP get your consent?

3.1.1   We obtain your consent when you provide us, our Franchisees and Affiliates with personal information, in our store, on our Website, Digital and Online Platforms and/or ways which we use to provide our services and engage with our customers.

3.1.2   Further, we obtain your consent if we ask for your Personal Information for a secondary reason (such an example of marketing). We will either ask you directly for your expressed consent or provide you with an opportunity to say OPT-OUT.

3.2   How do I withdraw my consent?

3.2.1   If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting us at admin@nuhuman.co.za.

  1. AGE OF CONSENT

By using this Website, Digital and On-line Platforms you represent that you are at least the age of majority in your province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Website, Digital and Online Platforms.

  1. INFORMATION COLLECTION

When you provide us, our Franchisees or Affiliates with your personal information as set out in clause 3.1 above, we collect the personal information you give us in order to provide our service to the user.

PERSONAL INFORMATION, DATA, LOG DATA AND CONTENT

By using this Website, Digital and On-line Platforms you represent that you are at least the age of majority in your province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Website, Digital and Online Platforms.

5.1   While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you.

5.2   Personally identifiable information may include, but is not limited to:

5.2.1  Any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or another particular assignment to you;

5.2.2  Your name if it appears with your other personal information or if your name itself would reveal information about you.

5.3  We may use your Data to make contact with you regarding your profile, research, contact you with our newsletter, announcement emailer or promotional materials and other information that may be of interest to you or us. You may opt-out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us at admin@nuhuman.co.za.

DATA

5.4   You may be asked or be required to provide limited personal information in order to enable us to provide certain services to you. We may store this information manually or electronically. We will only use it for purposes for which it was provided if you have consented to it. Information provided will be kept for as long as necessary to fulfil that purpose.

5.5   We may also collect information about your computer including, where applicable, your IP address, operating system and browser type, for system administration purposes and to report aggregate information to our webmasters. This information reveals nothing personal about you. It is statistical data about our users’ browsing actions and patterns which do not identify individuals and allows us to ensure that content from our site is presented in the most effective manner for you and for your computer.

LOG DATA

5.6   When you interact with the Site or use our Services, our servers automatically receive and store certain personally non-identifiable information (“Log Data”). This Log Data is collected passively and may include information such as your IP address, browser type or the domain from which you are visiting, the Site pages you visit, the search terms you use, and any advertisements on which you click. For most users accessing the Internet from an Internet service provider, the IP address will be different every time you log on. We use Log Data to provide you with the Services and pool it with other information to monitor the use of the Services, and for the technical administration of the Services. We do not associate your IP address with any other Personal Information to identify you personally, except in cases where we are asked to comply with a subpoena or other legal demand or where we suspect that there has been a violation of our policies, our Terms of Service and/or applicable law.

5.7  NUHUMAN uses the Personal Information you provide in a manner that is consistent with this Privacy Policy. We will use your Personal Information in order to provide you with access to and use of our Services, to help us improve the content and functionality of the Services and to better understand our users. If you contact us by email through the Services, we may keep a record of your contact information and correspondence and may use your email address, and any information that you provide to us in your message, to respond to you. In addition, we may use your contact information to market to you, and provide you with information about our products and services and the products and services of our partners that we believe may be of interest to you. OPT-OUT should you at any stage wish to no longer receive such marketing information please send us an email confirming that you wish to OPT-OUT from receiving marketing information to: admin@nuhuman.co.za.

TRACKING & COOKIES DATA

5.8  We have a legitimate interest in the use of cookies in the pursuit of our business. Cookies and similar tracking technologies, such as tags, scripts and beacons, are small pieces of code (referred to as cookies hereafter) that are stored on a device (computer, mobile phone, tablet etc.) and enable us to personalise our and our clients content. We may use cookies in emails we send to you and on our Website, Digital and Online Platforms. We will always make sure our Website, Digital and On-line Platforms contains clear and easy to find information about our cookies.

5.9    We may use cookies and similar tracking technologies to track the activity on our Service and hold certain information.

5.10   Cookies are files with a small amount of data that may include an anonymous unique identifier. Cookies are sent to your browser from a Website, Digital and On-line Platforms and stored on your device. Tracking technologies also used are beacons, tags and scripts to collect and track information and to improve and analyse our Service to you.

5.11   You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our service.

“DO NOT TRACK” SIGNALS

5.12    We do not support “Do Not Track” (‘DNT’). DNT is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable DNT by visiting the preferences or settings page of your web browser.

 

  1. USE OF INFORMATION AND DATA COLLECTED

We consider your information to be a vital part of our relationship with you. There are, however, certain circumstances in which we may share your Personal Information with certain third parties without further notice to you, as set forth below.

6.1  We use the collected data for various purposes not limited to the below:

6.1.1  To deliver the services you have asked for. In other words to provide and maintain our service;

6.1.2  Research;

6.1.3  To notify you about changes to our service;

6.1.4   To allow you to participate in interactive features of our service when you choose to do so;

6.1.5  To provide customer support;

6.1.6  To gather analysis or valuable information so that we can improve our service;

6.1.7  To monitor the usage of our service;

6.1.8   To detect, prevent and address technical issues;

6.1.9  To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you already used or enquired about unless you have opted not to receive such information;

6.1.10   Demographical and statistical information about user behaviour may be collected and used to analyze the popularity and effectiveness of this Website, Digital and Online Platforms. Any disclosure of this information will be in aggregate form and will not identify individual users;

6.1.11   If you subscribe for data, news, announcements, alerts or any such information to be emailed to you from this Website, Digital and On-line Platforms, we will hold your details on our database until such time as you chose to unsubscribe from this service. You may do this at any stage by selecting the appropriate option in the alerts section of this site;

6.1.12   Personal information will not be sold to third parties or provided to direct marketing companies or other such organizations without your permission. We may disclose your personal information to third parties if we are under a duty to disclose or share such;

6.1.13   Furthermore, in connection with the operation, promotion, advertising or marketing of our Services, we may provide certain of our partners (e.g., special reward providers; etc.) with Personal Information (e.g., your name) and other content or information related to you, in order to access such information using information already in their possession. Please note: each time we provide any of your Personal Information to our partners, we only provide information to these partners that are publicly available or publicly viewable;

6.1.14   we engage certain trusted third parties to perform functions and provide services to us, including, without limitation, hosting and maintenance, customer relationship, database storage and management, and direct marketing campaigns. We will share your Personal Information with these third parties, but only to the extent necessary to perform these functions and provide such services.

 

  1. RETENTION OF PERSONAL INFORMATION, CONTENT AND DATA

We will retain your personal information, content and data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your data to the extent necessary to provide our service and for research to comply with legal obligations.

 

  1. TRANSFER OF PERSONAL INFORMATION, CONTENT AND DATA

8.1   Your data, may be transferred to and maintained on, computers located outside of your state, province or country or other governmental jurisdiction where the data protection laws may differ from those from your jurisdiction.

8.2   Please note that we may transfer data, to the locations of our third-party service providers’ servers and process it required or necessary.

8.3   Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

8.4   We will take reasonable steps to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

8.5   The NUHUMAN GROUP may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of winding up.

  1. DISCLOSURE OF DATA

9.1   NUHUMAN employs administrative, physical and electronic measures designed to protect your information from unauthorized access. However, no Internet or email transmission is ever fully secure or error-free. We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored Personal Information to you via email or conspicuous posting on this Site in the most expedient time possible and without unreasonable delay, consistent with;

  • the legitimate needs of law enforcement; or
  • any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

9.2  For purposes of research, we may disclose your data to relevant institutions for research purposes.

9.3  Legal requirements may require us to disclose your data, however, this is done in good faith and with the belief that such action is necessary to:

9.3.1   To comply with a legal obligation;

9.3.2   To protect and defend the rights or property of the proprietor of this Website, Digital and Online Platforms;

9.3.3   To prevent or investigate possible wrongdoing in connection with the service;

9.3.4    To protect the personal safety of users of the service or the public; and

9.3.5   To protect against legal liability.

 

  1. SECURITY OF DATA

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

The NUHUMAN GROUP takes the protection of its users’ personal information as imperative to its operations and takes the following steps to ensure the security of users’ personal information:

10.2.1.  Maintaining technology products to prevent unauthorised computer access and security vulnerabilities,

10.2.2.   Securely destroying your personal information when it’s no longer needed for our record retention purposes

10.2.3.  All passwords are stored using a one-way SHA-512 hashed encryption mechanism;

10.2.4.   The NUHUMAN GROUP uses a 256 – bit SSL (secure sockets layer) encryption technology when processing your details. SSL encryption is the industry standard.

10.2.5    Having placed the aforementioned measures in place, The NUHUMAN GROUP, its operators, employees and affiliates shall not be held liable for the loss, misuse, dissemination, sale and or distribution of a user’s personal information either by lawful possessors of such information or unlawful possessors of the user’s personal information.

 

  1. THIRD-PARTY SERVICES AND LINKS

11.1    In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.

11.2    In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involved the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

11.3    Once you leave our Website, Digital and On-line Platforms or are redirected to a third-party Website, Digital and On-line Platform, you are no longer governed by this Privacy Policy or our Website’s Terms and Conditions.

11.4    Links: when you click on links on our Website, Digital and On-line Platforms, they may direct you away from our Website, Digital and Online Platforms. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

 

  1. LINKS TO OTHER SITES

12.1    Our service may contain links to other sites that are not operated by us. If you click on a third-party link, you will be directed to that party’s Website, Digital and Online Platforms. The fact that we link to a Website, Digital and On-line Platforms is not an endorsement, authorization or representation of our affiliation with that third party.

12.2    We have no control over and assume no responsibility nor liability for the content, privacy policies or practices of any third party Website, Digital and Online Platforms or service.

 

  1. CHANGES TO THIS PRIVACY POLICY

Our services and/or business may change from time to time. We, therefore, reserve the right to modify this Privacy Policy at any time, so please review it frequently. Changes and clarification will take effect immediately upon posting on the Website, Digital and On-line Platforms and other platforms. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

 

  1. OUR POLICY TOWARDS CHILDREN

If a parent or guardian becomes aware that his or her child has provided us with Personal Information without his/her consent, he or she should contact us at admin@nuhuman.co.za. We do not knowingly collect Personal Information from children under 18. If we become aware that a child under 18 has provided us with Personal Information, we will delete such information from our files. If you are under the age of 18, please do not submit any Personal Information through the Services. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Information via the Services without their permission.

 

  1. APPLICABLE LAWS

This Privacy Policy is governed by the laws of the Republic of South Africa, and you consent to the jurisdiction of the South African courts in respect of any dispute which may arise out of or in connection with the formation, interpretation, substance or application of this Privacy Policy.

 

  1. QUESTIONS AND CONTACT INFORMATION

If you would like to: access, amend, correct or delete any personal information we have about you, register a complaint, or simply want more information contact us at admin@nuhuman.co.za.