Website Privacy And Usage Policy

IMPORTANT NOTES:
  1. Interpretation
    1. In this Policy:
      1. clause headings are for convenience only and shall not be used in its interpretation; and
      2. unless the context clearly indicates a contrary intention an expression which denotes any gender includes the other genders, a natural person includes an artificial person and vice versa and the singular includes the plural and vice versa; and
      3. the use of the word "including" followed by specific examples shall not be construed as limiting the meaning of the general wording preceding it and general words that follow specific words in a list, shall not be construed as referring only to the types of things identified by the specific words; and
      4. if any provision in a definition is a substantive provision conferring rights or imposing obligations on Freshlinq or any User, effect shall be given to it as if it were a substantive clause in the body of the Policy, notwithstanding that it is only contained in the definition.
    2. This Policy shall be governed by, and construed and interpreted in accordance with, the laws of the Republic of South Africa.
    3. The terms of this Policy shall not be interpreted against Freshlinq who procured its preparation and drafting.
  2. Definitions
    1. In this Policy, and unless the context clearly indicates a different intention, the following expressions bear the meanings given to them below and equivalent expressions will have similar meanings:
      1. "Buyers" - means the fresh produce buyers/acquirers registered as "buyers" with Freshlinq from time to time;
      2. "Communications" - means communications between any User and Freshlinq and/or any User and another User, exchanged by means of an electronic-communication, fax, telephone, call centre and/or such other means of communication Freshlinq may allow or use from time to time for and/or regarding the Website and/or the Services;
      3. "Domain Names" - "Domain Names" – means the domain name/s and/or internet address/es via which the Website is accessible, and more specifically:
        1. freshlinq.com
        2. trade.freshlinq.com
        3. freshlinq.azurewebsites.net
        4. www.freshlinq.com
        5. flq.co.za
        6. www.flq.co.za
        7. gateway.fgxplatform.com
        8. gateway.fgxplatform.co.za
        9. www.fgxplatform.co.za and
        10. www.fgxplatform.com;
      4. "ECTA" - means the Electronic Communications and Transactions Act, Act 25 of 2002;
      5. "Freshlinq" - - means Freshlinq (Pty) Ltd (Registration Number: 2010/012927/07) t/a Freshlinq, freshlinq.com, a private company duly incorporated under and in terms of the laws of the Republic of South Africa;
      6. "Materials" - means and includes the design, layout, look, appearance, graphics and documents in/on the Website, as well as other content in/on the Website, such as articles, stories and other text;
      7. "Policy" - means this Website Privacy And Usage Policy;
      8. "Producers" - means the fresh produce producers or suppliers registered as "producers" with Freshlinq from time to time;
      9. "Registration Form" - means the registration form/s to be completed and submitted to Freshlinq, in order to be registered by/with Freshlinq as a Service Provider, Buyer and/or Producer and in order to gain access to, use of and/or interaction with the Services and certain (normally/generally restricted) parts of the Website;
      10. "RICA" - means the Regulation of Interception of Communications and Provision of Communication-Related Information Act, Act 70 of 2002;
      11. "Services" - means the facilitation services offered by Freshlinq via the Website, and more specifically the fresh produce transaction facilitation services in terms of which Freshlinq facilitates the interaction between Producers, Service Providers and Buyers in them, amongst each other, offering fresh produce for sale, negotiating fresh produce sale and purchase transactions and purchasing fresh produce;
      12. "Service Providers" - means the market agents and/or other entities registered as "service providers" with Freshlinq from time to time. These include, but are not limited to:
        1. Agencies or "fresh produce agent" as defined in the Agricultural Produce Agents Act, Act 12 of 1992
        2. Levy Boards
        3. Credit Providers and
        4. Market Authorities;
      13. "T&C's" - means Freshlinq's applicable terms and conditions (relating to Service Providers, Buyers and/or Producers, as may be applicable), which are to be accepted (along with submission of a Registration Form) in order to be registered as a Service Provider, Buyer and/or Producer with and by Freshlinq;
      14. "Users" - means all of the natural and/or juristic persons who access, use and/or interact with the Website from time to time collectively, and "User" means any of them as the context requires, including Service Providers, Buyers and/or Producers;
      15. "Website" - means and includes the website(s) accessible via the Domain Names, each associated microsite(s) and each sub-page, owned, operated and maintained by Freshlinq.
  3. Introduction
    1. This Policy, and all of the terms and conditions recorded herein, are in respect of the Website (and each part thereof) being used, accessed and/or interacted with by the Users.
    2. This Policy sets out how Freshlinq will use and protect any personal information that a User provides to Freshlinq when using, accessing and/or interacting with the Website.
    3. Each User must read this Policy carefully. Together with Freshlinq's Website Terms and Conditions of Use (accessible at freshlinq.com/Terms) and Regulatory Disclosures (accessible at freshlinq.com/Disclosures), this Policy governs Freshlinq's relationship with the User in relation to the Website (and each part thereof).
  4. Consent
    1. It is important for each User to take note of the fact that when he submits his personal information on the Website, he consents to Freshlinq collecting, processing and storing such information.
    2. By accessing, using and/or interacting with any part of the Website, or by providing information to Freshlinq, each User consents to the use and transfer of such information by Freshlinq on the terms set out in this Policy.
  5. Changes/Amendments to Policy and Freshlinq's Website Terms and Conditions of Use
    1. Freshlinq reserves the right, in Freshlinq's sole and absolute discretion, to amend this Policy and Freshlinq's Website Terms and Conditions of Use (accessible at freshlinq.com/Terms) at any time, in any way and for any reason whatsoever. Freshlinq will publish the amended Policy in/on the Website. Any amendments shall come into effect immediately once published in/on the Website.
    2. It is each User's responsibility to review this Policy regularly and to ensure that the User agrees with any amendments to this Policy. If a User does not agree with any amendments to this Policy, he must not continue to access, use and/or interact with the Website (or any part thereof).
  6. Collection
    1. Freshlinq may intercept, collect and monitor each User's Communications.
    2. Freshlinq may implement systems designed to intercept, collect and monitor each User's Communications, to the extent permissible by law, in which case each User herewith consents to such interception, collection and monitoring.
    3. As part of this process of intercepting, collecting and monitoring the Users' Communications, Freshlinq may record such Communications for disclosure on the basis set out in this Policy.
    4. Freshlinq may link the Website to other websites, and/or provide external links to other websites via the Website, which other websites are not within its control. Once a User has left the Website, FXG cannot be (and will not be) responsible, accountable, at risk and/or liable for the protection and privacy of any information which a User provides. Each User should exercise caution and look at the privacy statement applicable to the website in question. Should a User be directed to or make use of any external link on the Website to another website, such other website is not subject to this Policy.
    5. Freshlinq automatically receives, collects and records information on Freshlinq's server logs from each User's browser or mobile platform, including the User's location, IP address, cookie information and the page the User requested. Freshlinq treats this data as non-personal information, except where Freshlinq is compelled to do otherwise by law. Freshlinq only uses this data in aggregate form and Freshlinq may provide this aggregate information to its partners about how its Users, collectively, use the Website, so that its partners may also understand how the Users make use of the Website.
    6. The following information shall be requested and collected by Freshlinq from Users:
      1. Users' information, including but not limited to: Names, surnames, titles, e-mail addresses, fax numbers, telephone numbers, identification or registration numbers, VAT registration numbers, trading as names, GS1 global location numbers (GLN), DAFF registration numbers including Food Business Operator (FBO) numbers, PUC and PHC numbers, postal addresses, physical addresses and copies of documents supporting or confirming this information.
      2. Users' banking details, including but not limited to: Account holder, account number, account type, financial institution and branch details and documents supporting or confirming this information
      3. Users' branch details, including but not limited to: Name, e-mail addresses, fax numbers, telephone numbers, identification or registration numbers, VAT registration numbers, trading as names, GS1 global location numbers (GLN), DAFF registration numbers including Food Business Operator (FBO) numbers, PUC and PHC numbers, postal addresses, physical addresses and copies of documents supporting or confirming this information.
      4. Information of contacts and representatives of Users, including but not limited to: Names, surnames, titles, e-mail addresses, fax numbers, telephone numbers, cellular or mobile numbers, identification or registration numbers, postal addresses, physical addresses and copies of documents supporting or confirming this information.
      5. Product catalogues, stock levels, sales and trading information including but not limited to: Stock discriptions, stock keeping units (SKU), stock levels, stock availiblity, pricing, trade information and logitical information
      6. Commercial and non-commercial agreements between Users, including but not limited to: Terms of agreements, rates and effective periods
    7. Through the use of cookies or other analytical software, Freshlinq may further collect a list of the Services the Users express an interest in when using the Website. The Users are further informed that there is other information that will be automatically provided to Freshlinq due to cookies. This information will include the Website, IP addresses and how long a User visited the Website.
  7. Cookies
    1. Freshlinq uses cookies in/on the Website.
    2. Cookies are files that store information on a User's hard drive or browser allowing the Website to recognise that a User has visited the Website before.
    3. Cookies contain the addresses of the Website and codes that a User's browser sends back to the Website each time the User visits the Website.
    4. Cookies don't usually contain personal information or anything dangerous. They're usually innocuous and useful.
    5. If a User wishes to restrict or block the cookies which are set by the Website, or indeed any other website, a User could do so through a User's browser settings. The "Help" function within a User's browser should indicate to the User how perform the restriction/block.
    6. Users should however be aware that restricting cookies may impact on the functionality of the Website.
    7. If a User wishes to view the User's cookie code, just click on a cookie to open it. The User will see a short string of text and numbers. The numbers are the User's identification card, which is used by the server that gave the User the to offer the Services.
  8. Use
    1. Freshlinq uses intercepted, collected and/or monitored information to provide Users with a better service, and in particular for the following reasons:
      1. providing Services a User has requested and notifying a User about important changes or developments to these Services;
      2. responding to a User's inquiries and complaints or processing a User's requests in relation to the User's information;
      3. to follow up as part of Freshlinq's customer care procedures;
      4. updating Freshlinq's records regarding each User;
      5. Freshlinq's internal record keeping;
      6. administering offers;
      7. to improve Freshlinq's Services;
      8. making the Website easier for Users to use and providing Users with access to certain parts of the Website; and
      9. to contact Users for market research purposes, provided that Users shall have the option to elect not to receive such contact from Freshlinq.
    2. Freshlinq may contact Users by e-mail, phone, fax or mail in relation to the purposes set out herein and by providing their information Users are deemed to have agreed to Freshlinq contacting them by these methods of communication. Freshlinq will continue to contact Users by way of such methods until a User advises Freshlinq in writing that the User no longer wishes to be contacted by certain methods. Please note that a User is required to accept at least one of the aforementioned methods as a User's chosen method of receipt of communication from Freshlinq.
    3. All User information which is collected in/on/via the Website will be stored and processed by Freshlinq either in South Africa or abroad, according to industry best practice. Each User notes that Freshlinq employs and utilises servers and storage devices/services which are situated abroad in one or more foreign countries. As such, each User unconditionally consents to Freshlinq transferring their collected data to such foreign jurisdictions as Freshlinq's servers and/or other storage devices/services may be situated. Freshlinq does however undertake to abide by all rules and regulations dictated by law in this regard.
    4. Subject to any provisions contained herein or in Freshlinq's Website Terms and Conditions of Use, no User's information will be released to any third party/ies.
    5. Each User herewith provides Freshlinq with the right to disclose and shares the User's information with and to:
      1. government and law enforcement agencies;
      2. credit and other payment card providers;
      3. where the law requires that Freshlinq disclose such information;
      4. Users where it would be reasonably expected in the rendering of the Services;
      5. where Freshlinq has received the User's consent to disclose his information to another person/entity; and
      6. where Freshlinq has reason to believe that a disclosure of information is necessary to identify, contact or bring legal action against a User who may be in breach of this Policy, Freshlinq's Website Terms and Conditions of Use, a Registration Form and/or any T&C's, or may be causing injury to Freshlinq's rights or property, other Users, or anyone else that could be harmed by such activities.
  9. Monitoring
    1. Subject to the provisions of RICA, each User agrees to permit Freshlinq to intercept, block, filter, read, delete, disclose and use all Communications the User sends or posts.
    2. Each User agrees and acknowledges that the consent the User provides above, satisfies the "writing" requirement specified in ECTA and in RICA.
  10. Accuracy
    1. The Website (and the Materials) may include technical, typographical and/or other inaccuracies and each User is urged to contact Freshlinq to confirm all information contained in/on the Website (and the Materials) before placing any reliance thereon. Changes are periodically made to the information in/on the Website (and the Materials) and these changes will be incorporated in new editions/versions of the Website (and the Materials). Freshlinq reserves the right to alter and/or amend any criteria and/or information set out in/on the Website (and the Materials) without notice.
    2. Freshlinq makes reasonable effort to update the information provided via the Website (and the Materials) in a timely manner. Freshlinq cannot however (nor does it) warrant, represent, undertake, purport and/or guarantee that the information provided via the Website (and the Materials) are accurate, complete and/or reliable. Freshlinq shall not be bound by or under, nor shall it be liable or accountable (in any form or manner) for or under, any information contained in/on the Website (and the Materials).
  11. Security
    1. Freshlinq will take all reasonable steps towards ensuring the integrity, security and confidentiality of each User's information.
    2. Each User should however (and does) take note that Freshlinq cannot (nor does it) guarantee, warrant, undertake and/or purport the security of any information transmitted via the Internet (or other electronic communication) to or from the Website and as such, each User agrees that transmission of such information is at the User's own and sole risk, liability and accountability.
  12. Viruses and Back-Ups
    1. Each User's attention is drawn to the fact that internet access, e-commerce and electronic communication, may expose Users to viruses, malware and other malicious items. It is each User's sole and absolute responsibility and liability to ensure that he has sufficient anti-virus software and protocols in place, so as to safeguard himself, his hardware, his software and his data against virus, malware and/or other maliscious attacks/infections.
    2. It will at all times be an remain each User's sole and absolute responsibility and liability to ensure that he procures and maintains sufficient back-ups of any and all of his data.
    3. Freshlinq will never be liable, at risk, responsible and/or accountable towards any User (or anyone else), albeit for damages or otherwise, as a result of the User's hardware, software and/or data being infected with, and/or corrupted by, any viruses, malware and/or other malicious items, and/or as a result of the User failing to procure and maintain sufficient data back-ups.
    4. Freshlinq has taken reasonable precautions in an attempt to ensure that viruses, malware and other malicious items are removed from the Website, but at the same time, Freshlinq cannot ensure that no viruses and/or malware are contained in/on the Website. Freshlinq assumes no accountability, liability, risk and/or responsibility in this regard and each User is requested and urged to take all necessary precautions to safeguard the User's computer before downloading any information from the Website.
  13. Severability
    1. If any part of this Policy is found by any court or other competent authority to be invalid, unlawful or unenforceable then such part shall be severed from the rest of this Policy which shall continue to be valid and enforceable to the fullest extent permitted by law.
  14. Dispute Resolution
    1. If any claim or dispute arises in relation to this Policy or a User's accessing of, use of (and/or interaction with) the Website, such claim or dispute will be submitted to the exclusive jurisdiction of the South African courts.
    2. Notwithstanding that stated above, any party to the dispute or claim may, at its sole option prior to the commencement of litigation, refer such claim or dispute to arbitration in South Africa before a single arbitrator. The arbitrator shall be appointed, on the application of either party to the dispute, by the Arbitration Foundation of South Africa. The arbitrator's award shall be final and binding on the parties to the dispute. The venue for the arbitration shall be Pretoria.