YVR Consulting
YVR Consulting

Terms & Conditions and Privacy Policy

TERMS AND CONDITIONS OF USE

Last updated: 14 July 2024

  1. Introduction and Legal Terms
    • By accessing or using our website, https://yvrconsulting.co.za/ or any related platform or application (collectively, “the Platform”), or any of our services, you agree that you have read, understood, and agree to be bound to the terms and conditions contained herein (“Terms”). All rights in and to the content of the Platform always remain expressly reserved by YVR Consulting.
    • These Terms explain the conditions applicable to how you will use the Platform. Please read these Terms carefully before using the Platform. We will assume you have read and understood these Terms if you continue to access or make use of our Platform.
    • Please pay specific attention to the BOLD paragraphs of these Terms. These paragraphs limit our risk or liability, constitute an assumption of risk or liability by you, impose an obligation on you to indemnify us or is an acknowledgement of any fact by you.
    • The terms “user”, “you” and “your” are used interchangeably in these Terms and accordingly refer to anyone using the Platform for any reason whatsoever. Accordingly, the terms “us”, “our” or “we” refers to YVR Consulting or our possession.
  2. Our Services
    • We are consultants who specialise in offering tailored solutions to businesses and entrepreneurs through various consulting practices and strategies in our capacity as global economic development partners (“Services”).
    • Our services centre around 4 core offerings.
      • Management Consulting

We work with you to develop solutions that are tailored to your business needs. We bring best-in-class business principles to you, helping you break through your business ceiling, and driving business performance improvement and cost-saving initiatives.

We have built tried and tested methods to help you and your business grow, improve, transform, and sustain. Our support is both financial and non-financial, helping you identify what your business needs, now and in the future.

Our individualised personal mastery and transformational journeys are suitable for entrepreneurs, adults, and children, supporting them to live out their best versions.

We embarked on developing industry agnostic digital business mentoring and management platforms to assist aspiring entrepreneurs, micro-enterprises, and SMEs grow, improve, transform, and sustain. We developed two platforms that enable us to support business owners, Business Enabling Toolkit and Edvysor.

  1. Payment Terms
    • If you are interested in receiving Services, we will first engage with you to understand your needs and thereafter provide you with a full proposal. Our proposals run for a period of 1 (one) month and are renewable at your request.
    • You will receive an invoice for any payments made from our payment service provider. You may also contact us to request an invoice for payments made using the platform.
    • Your right to use our Platform/Services is subject to any limits we or your credit card issuer may establish. If payment cannot be charged to your payment card or a charge is returned for any reason, including chargeback, we reserve the right to deny you access to the Platform.
    • Due to the nature of the services offered, we do not offer any refunds.
  2. Responsibilities and Warranties
    • By using the Platform and/or the Services, you warrant that –
      • you have read and agreed to these Terms and will use the Platform and Services in accordance with them;
      • you have not made any misrepresentations and the information provided in the registration process about you, is true, accurate and complete in every aspect;
      • you are above the age of 18 (eighteen) years old and have the legal capacity to understand, agree with and be bound with these Terms;
      • you lawfully possess and submit all information to YVR Consulting for the use of the Platform and the Services and hereby indemnify YVR Consulting against any third-party claims that may arise due to the processing of the information shared by you with YVR Consulting;
      • you will appoint a qualified person, where applicable, to oversee the use of the Services;
      • you will be responsible for the management decisions relating to the Services, the use and implementation of the Services and for determining whether the Services are appropriate for your purposes;
      • you must provide us with (or cause others to provide us) the information and resources necessary to perform the Services, where requested. You understand that without being provided the necessary information and resources, we cannot provide the Services;
      • you will not post, upload, replicate or transmit any abusive content on the Platform that is or could reasonably be considered to be threatening, harassing, defamatory, abusive, racist, sexist, discriminatory, in breach of confidence, in breach of privacy or restrict any user in any way from properly using the Platform;
      • you will not send any unsolicited electronic messages or use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Platform including but not limited to uploading or making available files containing corrupt data or viruses via whatever means or deface, alter or interfere with the front end ‘look and feel’ of the Platform or the underlying software code;
      • you will not infringe the intellectual property or other rights of any third party or the Platform or transmit content that you do not own or do not have the right to publish or distribute;
      • you will not use the Platform for any commercial purpose other than as expressly provided for by YVR Consulting herein;
      • you will not use the Platform to breach any applicable law or regulation or perform or encourage any illegal activity including (without limitation) promoting or facilitating money laundering or financial crimes; and/or
      • you will not facilitate or assist any third party to do any of the above,

failing which, such action will automatically and immediately be deemed to be a material breach of these Terms, allowing YVR Consulting to manifest all of our rights in the case of breach, including but not limited to denying you access to the Platform/Services, reporting your actions to an applicable authority or instituting legal proceedings against you.

  1. Messages and Advertising
    • Data Messages between You and YVR Consulting
      • Data messages, including email messages, you send to us will be considered as received only when we acknowledge or responded to these messages.
      • Data messages we send to you will be regarded as received when the data message enters your email sever inbox and is capable of being retrieved and processed by you.
      • We reserve the right not to respond to any email or other data message that contains obscene, threatening, defamatory or otherwise illegal, unlawful, or inappropriate content, and to take appropriate action against the sender of such email or data message if necessary.
      • Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost, or corrupted. We are therefore not responsible for the accuracy or safety of any message sent by email or over the internet.
    • Hyperlinks, Deep Links, Framing
      • The Platform may include links to other websites (“other sites“). We do not own or endorse these other sites and are not responsible for the information, material, products, or services contained on or accessible through these other sites. Any hyperlinks do not imply any endorsement, agreement on or support of the content or products of these other sites.
      • We do not own the content on any other site which may be shown on the Platform. Should the owner of any content showcased on the Platform want the content to be removed, please contact us to request the removal of such content.
      • Your access and use of the other sites remain solely at your own risk and on the terms set by the operator of any other site.
  1. Intellectual Property
    • All website/application layout, website/application content, material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, user interface design and layout, trade names, logos, trademarks, designs, copyright and/or service marks, together with the underlying software code, (“the intellectual property”) are owned (or co-owned or licenced, as the case may be) by YVR Consulting, our shareholders, associates and/or partners, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties.
    • All rights to any intellectual property you provide to us will remain with you, but for which you have provided us with a non-exclusive, non-transferable licence to use such intellectual property to provide you with our Services including the use of our Platform.
    • Subject to the rights afforded to you in these Terms, all other rights to all intellectual property on the Platform are expressly reserved. You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell, or transfer any intellectual property, editorial content, graphics or other material or the underlying software code whether in whole or in part, without our written consent first being granted, which consent may be refused at our discretion. No modification of any intellectual property or graphics is permitted. Should you breach these provisions, we and/or the rightful intellectual property rights owner may launch legal proceedings against you for a breach of contract, resulting in a claim of damages against you.
    • We reserve the right to make improvements or changes to the intellectual property, information, videos, graphics, and other materials on the Platform/Services, or to suspend or terminate the Platform, at any time without notice; provided that any transactions or functions already concluded, will not be affected by such suspension or termination (as the case may be).
    • Where any intellectual property has been licensed to us or belongs to any third party all rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time, and you agree to comply with such third-party terms and conditions.
    • Subject to adherence to the Terms, YVR Consulting grants to you a personal, non-exclusive, non-assignable and non-transferable license to use and display all content and information on your primary device or within your network. However, nothing contained on the Platform or in these Terms should be construed as granting any licence or right to use any intellectual property without our prior written permission.
    • Neither Party may use or reference the other’s name, logos, or trademarks without the prior written consent of the other party provided that we may use your name publicly to identify you as a client, but only in connection with specific Services and with your prior consent.
  2. Confidentiality

YVR Consulting acknowledges that any information, documents, materials, knowledge, know-how, trade secrets and proprietary interests vesting in and belonging to you as our client and/or an associated company, disclosed to us, our employees and/or representatives at any time by or on behalf of you which is not in the public domain is confidential. The aforementioned may not be used or disclosed to any third party (whether during the negotiations preceding, during the course of and/or after the termination of our relationship) for any reason whatsoever save as may be strictly necessary for the due and effectual rendering of the Services and in accordance with law.

  1. Indemnities and Disclaimers
    • Disclaimers
      • The Platform and Services, including intellectual property appearing therein, are provided “as is” and “as available”. We make no representations or warranties, express or implied, including but not limited to warranties as to the accuracy, correctness, or suitability of either the Platform or the Services.
      • All content, information, and/or opinions of users or partners made available on the Platform in relation to any of the Services are those of the authors and not YVR Consulting. While we make every reasonable effort to present such information accurately and reliably on the Platform we do not endorse, approve, or certify such information, nor guarantee the accuracy or completeness of such information on the Platform.
      • YVR Consulting, its shareholders, directors, employees, and partners, accept no liability whatsoever for any loss, whether direct or indirect, consequential, or arising from information made available on (or by means of) the Platform and/or transactions or actions resulting therefrom or from the Services offered.
      • YVR Consulting, its shareholders, directors, employees, partners, and affiliates, accept no liability whatsoever for any costs, expenses, fines, or damages, including but not limited to direct or indirect loss or damages, including any economic loss, consequential loss, loss of profits or any form of punitive damages, resulting from the facilitation and offering of the Services, and access to, or use of, the Platform in any manner.
      • We take reasonable security measures to ensure the safety and integrity of the Platform and to exclude viruses, unlawful monitoring and/or access from the Platform offline. However, we do not warrant or represent that your access to the Platform will be uninterrupted or error-free or that any information, data, content, software, or other material accessible through the Platform will be free of bugs, viruses, worms, trojan horses or other harmful components. Your access to and use of the Platform remains solely at your own risk, and you should take your own precautions accordingly.
    • Indemnities
      • You indemnify and hold harmless YVR Consulting, its shareholders, employees, and partners from any demand, action or application or other proceedings, including for attorneys’ fees and related costs such as tracing fees, made by any third party, and arising out of or in connection with your use of the Platform and/or Services offered or transactions concluded through the Platform in any way.
      • You agree to indemnify, defend, and hold YVR Consulting, its shareholders, employees, and partners harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) related to the user’s breach of these Terms.
    • This clause will survive termination of these Terms.
  2. Dispute Resolution
    • Should any dispute, disagreement or claim arise between you and YVR Consulting concerning the use of the Platform or the Services, the parties shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.
    • Should these parties fail to resolve such dispute in the aforesaid manner or within such further period as the parties may agree to in their negotiation, the parties will approach an independent industry expert who shall mediate the discussions between them to find a mutually beneficial solution.
    • If the dispute is still not resolved after such mediation, the parties will commence and be party to binding and confidential arbitration in terms of the expedited rules of the Arbitration Foundation of Southern Africa (“AFSA”), with an arbitrator selected by YVR Consulting.
    • Notwithstanding the above, both parties’ consent to the jurisdiction of an appropriate South African court. Either party may also always use the dispute resolution services of any applicable legislative tribunal or ombud, as provided for in applicable legislation.
    • The parties both agree that in no circumstance will either party publicise the dispute on any social media or other public platforms. The parties understand that any publicity of this nature can cause serious damage to the other party, which damage may result in a financial claim against the infringing party.
  3. Termination of Use
    • IN ADDITION TO OUR OTHER RIGHTS HEREIN, WE RESERVE THE RIGHT TO RESTRICT AND/OR TERMINATE YOUR USE OF OUR PLATFORM/SERVICES IF YOU BREACH ANY OF THESE TERMS, OR FOR ANY OTHER REASON IN OUR SOLE DISCRETION PROVIDED THAT WE GIVE REASONABLE NOTICE TO YOU.
    • If you wish to terminate your agreement with us and these Terms, you may do so by ending your use of our Services. Such termination will however not have any effect on the continued and comprehensive functioning or legitimacy of any lawful rights which we may have at the time of said termination.
    • In the event of termination of our Service and your agreement with these Terms we will remove you from the Platform and delete your profile.
  4. Notices and Service Address
    • Each of the parties chooses their service address for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from these Terms as being:
      • in the case of YVR Consulting, at info@yvrconsulting.co.za; or
      • in the case of the client, at the e-mail, cellphone number, and/or address provided when corresponding with us.
    • Each of the parties will be entitled from time to time, by written notice to the other to vary its service address to any other address which is not a post office box or poste restante, provided that the change will become effective only 14 (fourteen) days after service of the notice in question.
    • Notwithstanding the above, any notice given in writing in English, and actually received by the party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.
  5. Company Information
    • Site owner:              YVR Consulting (Pty) Ltd
    • Legal status:              Private Company
    • Registration number: 2017/221970/07
    • Platform address: https://yvrconsulting.co.za/
    • Email address: info@yvrconsulting.co.za
    • Telephone number: +27 82 377 6950
    • Registered address: 8 Protea Avenue, Bassonia Estate, Bassonia,

Gauteng, 2058

  1. General
    • Relationship Between the Parties – The relationship of the parties, inter se, shall be governed by these Terms and nothing contained herein shall be deemed to constitute a partnership, joint venture, employer/employee agreement, agency agreement, or the like between them. No party shall by the reasons of the actions of the other party incur any personal liability as co-partner to any third party. We may subcontract certain of the Services to other service providers, which may deal with you directly. However, we alone will be responsible for the Services in terms of an agreement with you and/or these Terms.
    • Force Majeure – If either party is prevented, whether in whole or in part, or delayed from performing any of its duties, functions or obligations under these Terms, whether timeously or at all, due to an event out of their control (which for the purposes hereof shall mean war, political riots, civil commotions, electrical load-shedding or surges, legal prohibitions or restrictions, epidemics, pandemics, governmental lockdowns, fire, floods or other similar natural disasters), then such failure shall not constitute a breach under these Terms, and the obligation to perform shall be suspended to the extent and during the continuance of such prevention provided that the parties shall use their reasonable commercial endeavours to minimise any delay occasioned
    • Change Without Notice – The Platform and these Terms are subject to change without notice. These Terms are updated or amended from time to time and will be effective once we upload the amended Terms to the Platform. Your continued access or use of the Platform constitutes your acceptance to be bound by these Terms, as amended. It is your responsibility to read these Terms periodically to ensure you are aware of any changes.
    • Entire Agreement – This document contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated in clause 3 above, no alteration, cancellation, variation of, or addition hereto will be of any force or effect unless reduced to writing and signed by all the parties to these Terms or their duly authorised representatives.
    • No Indulgence – No indulgence, leniency or extension of time granted by YVR Consulting shall constitute a waiver of any of YVR Consulting’ rights under these Terms and, accordingly, YVR Consulting shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the client which may have arisen in the past or which might arise in the future.
    • Importation of Words – Words importing the singular will include the plural and vice versa. Words importing one gender will include the other genders, and words importing persons will include partnerships, trusts, and bodies corporate, and vice versa.
    • Headings as Reference – The headings to the paragraphs in these Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.
    • Governing Law – Your access and/or use of the Platform and/or the Services, any downloaded material from it and the operation of these Terms (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of the Republic of South Africa.
    • Failure to Pay – In the event of a client failing to pay any amount timeously or breaching these Terms, the client shall be liable for all legal costs (on the scale as between attorney and client) (including collection commission) which may be incurred by YVR Consulting in relation to the payment failure or breach.
    • Severability – Each sentence, paragraph, term, clause and provision of these Terms and any portion thereof shall be considered severable and if for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.
    • Prohibited Provision – No term or condition of these Terms is intended to breach any peremptory provisions of any consumer protection legislation and any regulations thereto (“Prohibited Provision“). Any breach of any such Prohibited Provision shall be governed by the provisions of clause 10

PRIVACY POLICY:

At YVR Consulting (Pty) Ltd (2017/221970/07) (“YVR Consulting”) we adhere to the highest standards of protecting your personal information when we process it by virtue of your use of our Services, our Platform https://yvrconsulting.co.za/ and any related platforms (collectively, “the Platform”), or by providing us with your personal information in any other way. As such, we have created this privacy policy for you to read and to understand how we safeguard your personal information and respect your privacy (“Privacy Policy”).

Please note that YVR Consulting is a private company duly registered and operating in accordance with the laws of the Republic of South Africa.

Not all terms are necessarily defined in order or may be defined in our Terms and Conditions of Use (“Terms”).

Please ensure that you read all the provisions below, and our policies and guidelines which may apply from time to time, to understand all of your, and our, rights and duties.

  1. Important Information and Who We Are
    • Purpose of this Privacy Policy
      • This Privacy Policy aims to give you information on how we collect and process your personal information through any form of your engagement with us. This Privacy Policy complies with, and facilitates the obligations required from, the South African Protection of Personal Information Act, No. 4 of 2013 (“POPI”), as amended.
      • It is important that you read this Privacy Policy together with any other privacy policy or fair processing notice we may provide on specific occasions when we are collecting or processing personal information about you, so that you are fully aware of how and why we are using your personal information. This Privacy Policy supplements the other notices and is not intended to override them.
      • We do not process the data of minors nor special categories of personal information. Do not provide us with any such personal data, as it will constitute an immediate and automatic breach of this Privacy Policy and our Terms.
    • Responsible Party and Operator
      • YVR Consulting is the “Responsible Party” and is responsible for your personal information when we decide its processing operations. In certain instances we may operate as an “Operator” of personal information on behalf of a third party.
      • We have appointed an information officer at YVR Consulting who is responsible for overseeing questions in relation to this Privacy Policy. If you have any questions about this Privacy Policy, including any requests to exercise your legal rights, please contact our information officer using the details set out below.
    • Our Contact Details
      • Our full details are:
      • Full name: YVR Consulting (Pty) Ltd
      • Information Officer: Yushini Vanita Maharaj
      • Email address: info@yvrconsulting.co.za
      • Postal address: 8 Protea Ave East, Bassonia Estate, Soetdoring Ave,

Johannesburg, South Africa, 2061

The Platform may include links to third-party platforms, plug-ins, and applications. Clicking on those links or enabling those connections may allow third parties to collect or share information about you. We do not control these third-party platforms and are not responsible for their privacy statements or terms. When you leave our Platform, or engage with such third parties, we encourage you to read the distinct privacy policy of every third-party you engage with.

  1. What We Collect About You
    • Personal information, or personally identifiable information, means any information about an individual, both natural and juristic entities (i.e., people and companies), from which that entity can be identified. It does not include information where the identity has been removed (anonymous data).
    • We may collect, use, store, and transfer (“process”) different kinds of personal information about you which we have grouped together as follows:
      • Identity Data including full name, or the information about your company such as company name, address and/or company registration details;
      • Contact Data including email address, physical/registered addresses, and contact phone numbers;
      • Profile Data including all the data and information available in your profile such as reports, advice, statistics, payment history, statements, and subscriptions;
      • Social Media Data including all the data available on your publicly available social media profile;
      • Financial Data including bank account details;
      • Transaction Data including details about payments to and from you, contracts, contractual terms, contract fees, signups, subscriptions, invoices and other details of products and services you have obtained from us, or provide to us;
      • Technical Data including internet protocol address/es, login data, browser type and version, time zone setting and location, cookies, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access the Platform;
      • Usage Data including information about how you use our company, Platform, surveys, and Services; and
      • Marketing and Communications Data including your preferences in receiving notices and marketing from us and our third parties and your communication preferences as well as details of which communications were sent to you and how they were sent.
    • We also collect, use, and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal information but is not considered personal information in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific Platform feature. However, if we combine or connect Aggregated Data with your personal information so that it can directly or indirectly identify you, we treat the combined data as personal information which will be used in accordance with this Privacy Policy.
    • Where we need to collect personal information by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform in terms of the contract we have or are trying to enter into with you (for example, to provide you with services or allow you to provide us with your services). In this case, we may have to cancel Platform-access or Services you have with us, but we will notify you if this is the case at the time.
  2. How Is Your Personal Information Collected
    • We use different methods to collect personal information from and about you, including through:
      • Direct interactions: You may give us your personal information by browsing our Platform or by corresponding with us through the Platform, by phone, email or otherwise. This includes personal information you provide when you:
        • use our Services;
        • use our Platform;
        • contract with us;
        • provide any services to us as a service provider or independent contractor on contract with us;
        • request information to be sent to you;
        • give us some feedback.
      • Automated technologies or interactions: As you interact with our Platform, we may automatically collect Technical Data and Usage Data about your equipment, browsing actions and patterns. We may collect this personal information by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other Platforms employing our cookies.
      • Third parties: We may receive personal information about you from various third parties such as:
        • analytics providers;
        • financial institutions;
        • marketing platforms; and
        • search information providers.
  1. How We Use Your Personal Information
    • We will only use your personal information when the law allows us to and for legitimate reasons, which you hereby expressly understand and consent to. Most commonly, we will use your personal information in the following circumstances:
      • where we have your express consent to do so;
      • where we need to consult with you or perform on the Services contract we are about to enter into or have entered into with you;
      • where it is necessary for our legitimate business interests (or those of a third party) and your interests and fundamental rights do not override those interests; and/or
      • where we need to comply with a legal or regulatory obligation.
  1. Purposes For Which We Will Use Your Personal Information
    • We have set out below, in a table format, a description of
      • the purpose for which we will process your personal information,
      • the type of data we process; and
      • the lawful basis of processing.
    • Note that we may process your personal information for more than one lawful ground depending on the specific purpose for which we are using your personal information.
PURPOSE / ACTIVITY TYPE OF DATA LAWFUL BASIS AND BUSINESS INTEREST
To engage with you after you have contacted us via the Platform or otherwise (a)   Identity

(b)   Contact

(c)    Technical

(d)   Usage

(e)   Marketing and Communications

 (a)   Express consent

(b)   Performance of a contract with you

(c)    Necessary for our legitimate interests (keep records updated, study how users use our services, develop services, grow)
To allow you to use our Services and to provide you with our Services as contracted (a)   Identity

(b)   Contact

(c)    Profile

(d)   Financial

(e)   Usage

(f)     Transaction

 (a)   Performance of a contract with you

(b)   Express consent

(c)    Necessary to comply with a legal obligation

(d)   Necessary for our legitimate interests (provide you with Services you contracted to acquire, keep records updated, study how users use Services)
To contract with you as a service provider to YVR Consulting (a)   Identity

(b)   Contact

(c)    Financial

(d)   Transaction

 (a)   Performance of a contract with you

(b)   Express consent

(c)    Necessary to comply with a legal obligation

(d)   Necessary for our legitimate interests (provide us with your services, keep our records updated, and study how we may use third-party services)
To provide it to our authorised service providers who need your personal information to provide their services to you (a)   Identity

(b)   Contact

(c)    Financial

(d)   Transaction

 (a)   Performance of a contract with you

(b)   Necessary for our legitimate interests (provide you with Services you contracted from the third-party, develop our services, and grow)

(c)    Express consent
To process and service your payment for any services rendered by YVR Consulting or its service providers.

To manage payments, fees, and charges

 (a)   Identity

(b)   Contact

(c)    Financial

(d)   Transaction

 (a)   Performance of a contract with you

(b)   Necessary for our legitimate interests (make or receive necessary payments)

(c)    Express consent
To meet our regulatory and compliance requirements (a)   Identity

(b)   Contact

(c)    Transaction

 (a)   Performance of a contract with you

(b)   Necessary for our legitimate interests (make or receive necessary payments)

(c)    Express consent
To manage our relationship with you which may include notifying you about changes to our Terms, Privacy Policy, or Services (a)   Identity

(b)   Contact

(c)    Social Media

(d)   Marketing and Communications

 (a)   Performance of a contract with you

(b)   Necessary to comply with a legal obligation

(c)    Necessary for our legitimate interests

(d)   Express consent
To administer and protect our company, Platform and services (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) (a)   Identity

(b)   Contact

(c)    Technical

(d)   Usage

 (a)   Necessary for our legitimate interests (running our organisation, provision of administration and IT, network security, to prevent fraud and organisation restructuring exercise)

(b)   Necessary to comply with a legal obligation

(c)    Express consent
To use data analytics to improve our Platform, Services, and client relationships and experiences (a)   Technical

(b)   Usage

(c)    Identity

(d)   Contact

(e)   Marketing and Communications

 (a)   Necessary for our legitimate interests (define types of users, keep Platform updated, develop our organisation and inform our marketing strategy)

(b)   Express consent
To provide you with direct marketing, make suggestions about services that may be of interest (a)   Identity

(b)   Contact

(c)    Social Media

(d)   Technical

(e)   Usage

(f)     Marketing and Communications

 (a)   Necessary for our legitimate interests (develop our services and grow)

(b)   Express consent

Whilst we may use your personal information within our company, we will get your express opt-in consent before we share your personal information publicly with any entity outside of YVR Consulting for marketing.

  1. Disclosures Of Your Personal Information
    • We may have to share your personal information with the parties set out below for the purposes set out in the table above.
      • Internal Third Parties as set out in the Glossary;
      • External Third Parties as set out in the Glossary;
      • Third parties to whom we may choose to sell, transfer, or merge parts of our company or our assets. Alternatively, we may seek to acquire other organisations or merge with them. If a change happens to our company, we may continue to use your personal information in the same way as set out in this Privacy Policy.
    • We require all third parties to respect the security of your personal information and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal information for their own purposes and only permit them to process your personal information in accordance with our instructions and standards.
  2. Cookies
    • The Platform may make use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a platform can use (and which we may use) to recognise repeat users, facilitate the user’s on-going access to and use of a platform and allow a platform to track usage behaviour and compile aggregate data that will allow the platform operator to improve the functionality of the platform and its content, and to display more focused advertising to a user by way of third party tools.
    • The type of information collected by cookies is not used to personally identify you. If you do not want information collected using cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Please note that cookies may be necessary to provide you with certain features available on our Platform and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Platform will therefore be limited. If you do not disable “cookies”, you are deemed to consent to our use of any personal information collected using those cookies, subject to the provisions of this Privacy Policy and our other policies or terms.
  3. International Transfers
    • We may share and process your personal information outside of South Africa for the purpose of cloud storage or to engage with third parties.
    • Whenever we may transfer your personal information out of South Africa, we will ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
      • We will only transfer your personal information to countries that have appropriate data protection legislation in place similar to that of South Africa; and/or
      • Where we use service providers, we may use specific contracts/clauses which ensure personal information is processed and secured lawfully.
    • You are welcome to contact us if you want further information regarding transfer of personal information out of South Africa.
  4. Data Security
    • We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used, or accessed in an unauthorised way, altered, or disclosed by using DDoS Mitigation, VLAN reverse path forwarding protection and Juniper Firewall rules at the network edge and core. We also limit access to your personal information to those employees, agents, contractors and other third parties who have a legitimate need to know. They will only process your personal information on our instruction and are subject to a duty of confidentiality.
    • We have put in place procedures to deal with any suspected personal information breach and will notify you and the Information Regulator of a breach where we are legally required to do so.
  5. Data Retention
    • We will only retain your personal information for as long as necessary to fulfil the purpose we collected it for including any legal, accounting, or reporting requirements.
    • To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorised use or disclosure of your personal information, the purpose for which we process your personal information, any other South African applicable law requiring us to retain the personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.
    • We may also anonymise your personal information (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
  6. Your Legal Rights
    • You have rights in relation to your personal information where we are the relevant “Responsible Party” over such personal information. Please contact us to find out more about, or manifest, these rights:
      • request access to your personal information;
      • request correction of your personal information;
      • request erasure of your personal information;
      • object to the processing of your personal information;
      • request a restriction of processing your personal information;
      • request transfer of your personal information; and/or
      • right to withdraw consent.
    • You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
    • We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal information (or to exercise any of your other rights). This is a security measure to ensure that personal information is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
    • We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
    • Users with citizenships from jurisdictions other than South Africa, please note that we comply with South African data protection laws when processing your personal information as we are a South African entity. Should foreign law be applicable to your use of the Services and/or the Platform in any way, including how we may process your personal information, please contact us and we will gladly engage with you on your rights.
    • European User Rights:
      • If you are located in the EU or Switzerland, you have certain rights with respect to your personal information under the European Commission’s General Data Protection Regulation, 2016/679 (“GDPR”).
      • We are the Controller (as defined in GDPR) when you provide us with your personal information through your use of our Services. When we act as a Controller, we determine how your personal information will be used strictly in accordance with this Privacy Policy.
      • When we process your personal information as the relevant Controller we will rely on several legal bases. These legal bases include:
        • where the processing is in terms of a legal contract with you;
        • where you have given your express prior consent, which you may withdraw at any time;
        • where the processing is necessary to comply with a legal obligation or order of court; and
        • where the processing is necessary for the purposes of our legitimate business interests.
      • United States (Californian) User Rights:
        • If you are a Californian resident, you have certain rights under the California Consumer Privacy Act, (“CCPA”). If you are an eligible California user, included in these rights are:
          • Right to Know: you have the right to request to know more about the categories and specific pieces of personal information that we have collected about you and access a copy of your personal information;
          • Right to Correction: you have the right to have inaccurate personal information about you corrected;
          • Right to Deletion: you have the right to request the deletion of personal information that we have collected about you;
          • Right to Non-Discrimination: there is no penalty for choosing to exercise any of your rights under the CCPA; and
          • Right to Opt-Out: you have the right to opt out of the sale of your personal information.
        • As a Californian resident you also have the right to request information from us regarding the manner in which we share certain categories of personal information with third parties for their direct marketing purposes, in addition to the rights set forth above.
  1. Glossary
    • Lawful Basis
      • Legitimate Interest means the interest of our organisation in conducting and managing our organisation to enable us to give you the best service and the most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal information for our legitimate interests. We do not use your personal information for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
      • Performance of Contract means processing your personal information where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
      • Comply with a legal or regulatory obligation means processing your personal information where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
      • Express consent means the confirmed express consent you have provided to our processing of your personal information by actively accepting this Privacy Policy.
    • Third Parties
      • Internal Third Partiesmeans other entities or parties in the YVR Consulting group acting as joint responsible parties or operators.
      • External Third Partiesmeans:
        • Authorised third-party service providers under contract with YVR Consulting who need your personal information in order to contact and transact with you pursuant to your use of the Services;
        • service providers acting as operators;
        • South African or other national governments and/or their respective authorities pursuant to our adherence with anti-corruption and crime-fighting legislation; and/or
        • professional advisers acting as operators or joint responsible parties including lawyers, bankers, auditors and insurers based in South Africa who provide consultancy, banking, legal, insurance and accounting services as required.
      • Your Legal Rights

You have the right to: