(excerpt from Terms and Conditions of Use -Section 16)
a) General Principles
Constitution of the Republic of South Africa (Act 108 of 1996);
Promotion of Access to Information Act (2 of 2000);
Electronic Communications and Transactions Act (ECT) (25 of 2002); and Regulation of Interception of Communications and Provision of Communication-related Information Act (RICA) (70 of 2002).
ii) MIDAS does everything MIDAS reasonably can to protect your rights of Privacy on this information system, but MIDAS are not liable for any unauthorised or unlawful disclosures of your personal and Confidential information made by third parties who are not subject to MIDAS’ control. MIDAS also cannot warrant the security of the information, which you transmit to them.
b) Categories of Personal Information
i) Profiling Information: Information which you provide when you subscribe or register for the Service. This includes your contact details such as your physical addresses, postal addresses, telephone and fax numbers and the like.
ii) Payment and Account Information: Your account history with us including (without limitation) all billing information and communications, payment history etc. MIDAS maintains this on secure servers. This includes the information on the subscription account and all other accounts, such as your debtor’s account.
iii) Log information: Information such as your online request, IP address, browser type, browser language, date and time of request.
iv) Transactional Information: Transactional history (other than banking details) about your e-commerce activities.
v) User IDs: Your usernames, passwords, email addresses and other security-related information used by you in relation to the Service.
vi) Stored Information: Data either created by you or by a third party and which you wishes to store on its servers.
c) Third Parties
ii) Since such public environments are accessible by third parties, it is possible that third parties may collect and collate and use such information for their own purposes. You should accordingly be careful when deciding to share any of your Personal Information in such public environments.
iii) Information, which is disclosed publicly, is also shared with its affiliates, third party Service providers, sponsors of competitions etcetera unless expressly stated otherwise.
iv) MIDAS is not liable to your or any third party for any damages that you or any third party may suffer howsoever arising from your disclosure of Personal Information in any public environment. You accordingly disclose information in a public environment at your own risk.
d) Collection and Storage of Information
i) By accepting the Terms you agree that MIDAS may collect and store your Personal Information as long as you subscribe to or use the
ii) MIDAS will only disclose Correspondence Information and Personal Identifiers under clause 25.5 below.
iii) MIDAS may scan your Stored Information to ensure that you comply with clause 25.5 below. MIDAS will only disclose such information under clause 25.5 below.
iv) Any Personal Information which MIDAS collects and which MIDAS may use in an aggregated format is the property of MIDAS. MIDAS may use it, in its sole discretion and without any compensation to you, for any legitimate purpose including (without limitation) the commercial sale thereof to third parties.
v) You may update your Profiling Information at any time online.
vi) You acknowledge and agree that in the interests of improving personalisation and Service efficiency, MIDAS may, under controlled and secure circumstances, share your Personal Information with its affiliates (an entity which is it’s subsidiary or holding company or a subsidiary of it’s holding company or an entity which controls, is controlled by or is under common control with MIDAS).
e) General exceptions
If MIDAS is required to intercept, disclose, monitor and/or store your Personal Information for any legitimate reason, MIDAS will do so in the manner as prescribed by legislation. The reasons may be as follows:
i) by law;
ii) because MIDAS received an order or subpoena of a court of competent jurisdiction;
iii) to conduct MIDAS’ business;
iv) to secure MIDAS’ systems; or
v) to enforce MIDAS’ own rights,
i) Any interception, disclosure, monitoring and storage mentioned in clause 25.5 may take place without your knowledge. In that case, MIDAS will not be liable to you or any third party for any damages howsoever arising from such interception, disclosure, monitoring and storage.
ii) Monitoring may include (without limitation) the filtering of incoming and outgoing electronic data messages to identify, limit and/or prevent the transmission of spam, viruses and/or unlawful, defamatory, obscene or otherwise undesirable material or content.
iii) MIDAS may under certain circumstances procure an element of the Service from a third party Service provider, for example Telkom SA. To the extent that it may be necessary, and solely for the purposes of providing the Service to you, you agree that MIDAS may disclose to such third party any of your Personal Information that may be necessary for the procurement of Service from the third party.
iv) In addition to the general limitation in the Terms, MIDAS will not be liable to you or any other third party for any damages suffered by you or any other third party howsoever arising from the disclosure of your Personal Information. You only remedy under such circumstances will be to terminate this agreement.