MULTICHOICE AFRICA (PTY) LTD ("MULTICHOICE")
1. MultiChoice Africa ("MultiChoice") believes in protecting the personal information it collects from individuals that access or use ("users") the website situated at ("the MultiChoice website").
4. MultiChoice will take all reasonable steps to use or disclose users' personal information only in the manner allowed by this policy.
5. In clauses 14, 15 and 22 "MultiChoice" includes companies in the Naspers/MIH Group of companies ("MultiChoice's affiliates").
6. Personal information refers to all private information about an identifiable individual, such as a user's name, contact details, identity number, income levels, age, personal views and preferences.
Active collection of personal information
7. The multichoice website actively collects personal information from users by asking users specific questions and by permitting users to communicate directly with MultiChoice, for example via e-mail, feedback forms, forums and/or chat rooms.
8. Some areas of this site may also require the user to submit information in order for the user to register for certain services or benefit from specified features (for example newsletter subscriptions, tips/pointers, payment processing) or to participate in a particular activity (such as competitions or other promotions, an example being the "Sign Me In" function) (collectively referred to as the "value added services").
9. In these situations, MultiChoice will ask the user for particular information, and inform the user at each information point what information is required and what information is optional.
Passive collection of personal information
10. MultiChoice passively collects (i.e. without the user actively providing the information) personal information about a user as the user accesses and navigates through the multichoice website using various technologies and means, such as navigational data collection and cookies.
11. A cookie is an alphanumeric identifier which MultiChoice's computer system transfers to a user's hard drive through the user's web browser when the user visits the multichoice website. It enables MultiChoice's system to recognise the user when the user visits the multichoice website again and to improve our service to the user.
12. This enables MultiChoice to diagnose problems with its server, report and aggregate information, determine the fastest route for a user's computer to use in connecting with the multichoice website, and better administer and improve the site. It also enables MultiChoice to compile aggregate information about users' access to and use of the multichoice website. This information can be used to enhance the content of the multichoice website and make it more user-friendly.
Consent to collection, use and storage of user's personal information
14. The user agrees that MultiChoice may collect, use and store the user's personal information
14.1 to establish and verify a user's identity;
14.2 to maintain and update MultiChoice's customer, or potential customer, databases;
14.3 to greet the user when he/she accesses the website;
14.4 to provide the user with value added services;
14.5 to communicate with the user;
14.6 to customise the multichoice website to users' preferences;
14.7 to inform the user of facts relating to his/her access to and use of the multichoice website;
14.8 to improve the content of the multichoice website or any of the services provided by MultiChoice ("MultiChoice services");
14.9 to inform the user about MultiChoice services, including information of particular relevance to that user;
14.10 to inform the user about competitions, promotions and special offers from MultiChoice;
14.11 for marketing, product research and development purposes of MultiChoice;
14.12 to provide the user with targeted advertising when he/she accesses the multichoice website or other websites of MultiChoice's; and
14.13 to compile, use, disclose and trade with, non-personal statistical information about browsing habits, click-patterns, user preferences and access to the multichoice website.
Disclosure of user's personal information
15. MultiChoice will not disclose, for commercial gain or otherwise, users' personal information other than as set out in this policy.
16. The user agrees that MultiChoice may disclose the user's personal information
o 16.1 to MultiChoice's affiliates;
16.2 to third parties contracted or employed by MultiChoice to provide services for or to MultiChoice, including for example, website hosting and development, technical support, financial services such as processing of credit card or other payments, delivery services, and other support services. These companies require access to users' personal information to perform their functions and not for any other purposes and MultiChoice will take all reasonable steps to enter into confidentiality and non-disclosure agreements with the relevant service providers;
16.3 to any third party who acquires all, or substantially all, of the assets or shares in MultiChoice, any of MultiChoice's affiliates, and/or the multichoice website, whether by sale, merger, acquisition or otherwise;
16.4 to governmental agencies, exchanges and other regulatory or self-regulatory bodies if MultiChoice is required to do so by law or if MultiChoice believes that such action is necessary to -
" 16.4.1 comply with the law or with any legal process;
16.4.2 protect and defend the rights, property or safety of MultiChoice, its affiliates or their customers;
16.4.3 prevent or deal with fraud or the abuse, misuse or unauthorised use of the multichoice website; and/or
16.4.4 protect the rights, property or safety of members of the public (if a user provides false or deceptive information about him/herself or misrepresents him/herself as being someone else, MultiChoice will proactively disclose such information to the appropriate regulatory bodies and commercial entities).
17. The user agrees that MultiChoice may disclose the subscriber's name, postal address, physical address, age and income levels to third parties who wish to send the subscriber commercial mail.
18. The user agrees that MultiChoice may use the user's personal information to compile profiles for statistical purposes and may freely trade with such profiles and statistical data, provided that the profiles or statistical data cannot be linked to the user by a third party. Accuracy of personal information 19. In order to ensure that a user's personal information is accurate, current, and complete, the user may contact MultiChoice at the contact details below:
o Johannesburg: (011) 289-2222
o Pretoria: (012) 422-2222
o Cape Town: (021) 508-2222
o Durban: (031) 710-2222
o Port Elizabeth: (041) 395-2222
o Bloemfontein: (051) 503-2222
20. MultiChoice will take reasonable steps to correct or update such information.
21. MultiChoice reserves the right to charge the user a fee to cover MultiChoice's expenses in this regard.
22. Should a user not wish to receive electronic communications from MultiChoice, the user may unsubscribe from such communications by clicking on the "unsubscribe" link in the communication section or contact the call center on 011 289-2222.
23. MultiChoice takes reasonable steps to put in place and maintain electronic procedures and systems with reference to accepted technological standards -
23.1 to ensure the accuracy of;
23.2 to prevent unauthorised access to or disclosure of;
23.3 to protect from misuse, loss, alteration or destruction
users' personal information.
24. However, the user acknowledges that that Internet communications and transactions are not 100% secure or error free. In particular, information may not be secure in transit from the user to the multichoice website.
25. Moreover, where the user provides particularly sensitive personal information such as passwords, ID numbers, or other special access features on this site, it is the user's responsibility to safeguard them.
Linking to third party websites
26. MultiChoice is not responsible for the privacy practices of third party websites to which there may be links on the multichoice website.
28. The multichoice website is not targeted at children under the age of thirteen and MultiChoice will not knowingly collect information from users in this age group. 29. We encourage parents to talk to their children about the use of the Internet and information they disclose to websites.
Queries and complaints
Resolution of disputes
32. Such arbitration proceedings must be conducted in Johannesburg in English.
33. The arbitration ruling will be final and the unsuccessful party will pay the costs of the successful party on an attorney and own client scale.
34. The expedited rules of the Arbitration Foundation of South Africa may be downloaded from the following website: http://www.arbitration.co.za