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TERMS AND CONDITIONS OF THE ONLINE PURCHASE AGREEMENT
1. The Purchaser: will refer to the person who completed and submitted his/her details on the online purchase order who warrants that:
1.1 the information captured by him/her on the online purchase order is true and correct;
1.2 he/she has the capacity and authority to enter into this agreement;
1.3 was allowed to inspect the object of purchase before his/her electronic acceptance/signature refer to 6.2 below;
1.4 satisfied him/herself with the object of purchase and its operation for his/her purposes;
1.5 he/she must satisfy him/herself before the conclusion of the Agreement that his/her computer and programs (including capacity) are compatible with and suitable for the object of purchase, the Seller accepting no responsibility in that regard and
1.6 he/she was allowed to read the agreement before electronically accepting these terms and conditions.
2. The Seller is Diversit-e Smart Trade College (Pty) Ltd (hereinafter referred to as “DSTC”), a private company with limited liability duly registered and incorporated under the company laws of the Republic of South Africa, with registration number: 2016/305525/07 and address Cambridge Park, Block 8 – Mezzanine, 5 Bauhinia Street, Highveld Techno Park, Centurion, Gauteng, 0169. E-mail for correspondence
purposes info@smartonlinetrader.com or any of its authorized Reseller Agents.”
3. The Agreement and all matters and disputes arising therefrom or incidental thereto shall be governed by and be construed by the laws of the Republic of South Africa.
3.1 The Purchaser and the Seller choose for all purposes their respective FICA- and or email addresses for the serving of any formal documents, notices, and/or summonses as per the online purchase order.
3.1.1 A party may from time to time by written notice to the other vary his/her domicilium to another address within the Republic of South Africa, which is not a post office box or poste restante. These notified addresses shall become the domicile of that party within 7 (seven) days of the other party receiving such notification.
3.2 Any notice that is given by a party to the other party (“addressee”) which: –
3.2.1 is delivered or made by hand during normal business hours at the addressee’s physical address/domicilium, for the time being, shall be presumed to have been received by the addressee at the time of delivery, provided that the presumption shall only apply if written proof of receipt is obtained by the delivering party, and duly produced on demand;
3.3.2 is posted by prepaid registered post from an address within the Republic of South Africa to the addressee’s postal address or domicilium and shall be presumed to have been received by the addressee on the seventh (seventh) day after the date of posting.
3.3.3 all notices by a party to the other in terms of the Agreement must be in writing, and
Agreement any communication is required to be in writing, the”
“term writing may include communications by email, provided that receipt thereof by the addressee must be proven by the production of an email transmission report, and the direct or indirect admission of receipt thereof by the addressee by email;
3.4 the Seller records telephone calls made or received by the Seller to or from the Purchaser, who agrees to such recordings.
4. The Commencement Date will be the date on which the checkout procedure has been completed and the terms and conditions have been electronically accepted.
5. Without prejudice to the Purchaser’s or the Seller’s rights to institute any action in the Supreme Court having jurisdiction, the Purchaser, and the Seller consent to the jurisdiction of the Magistrates Court of South Africa in terms of sections 45 of Act 32 of 1944, as amended, in respect of any action brought against him/her by the Seller in terms of this agreement, notwithstanding that the actions would otherwise be beyond that jurisdiction.
6. The Object of Purchase means the Smart Online Trader Course (Hereinafter referred to as “the Course”) and or technical coaching services that are intended to educate the Purchaser to understand and self-trade in Trading the Capital/Financial Markets, including but not limited to, Foreign Exchange (FOREX), Contracts for Difference (CFDs), US Stocks CFDs, Commodities, Indices, and Cryptocurrencies
6.1 The course modules and resources are accessed through the Virtual Training Platform that can be accessed at https://vt.smartonlinetrader.com/ and will be deemed delivered once the contract price or any part thereof was received and cleared, and the Purchaser has been sent an email with his/her username and password to allow him/her access to the full course, training material, and services. It will be deemed that the Purchaser took delivery of the training material, accessed the object of purchase, and permanently installed or otherwise joined, combined the training materials with his/her computer or any programs on his or her smart device, or printed or otherwise made use of the object of purchase.
6.2 The Purchaser has the option to opt-in for the 7-calendar day free trial period.
6.2.1 It is the Purchaser’s responsibility to cancel his/her online order before this 7- calendar day free trial period expires. A written confirmation of his/her intention to not proceed with the order should be sent to info@smartonlinetrader.com and or via the order.
6.2.1.1 If the Purchaser does not cancel his/her online order then the Seller will accept that the Purchaser accepts the Purchase Order together with these terms and conditions, and may payments, as selected in the payment schedule of his/her online order, be processed against the account provided by the Purchaser. First of these payments will be processed on day 8 after the online order was submitted and the 7 calendar days have expired. Clause 9 below will thereafter apply.
6.3 Copy- & Intellectual property rights are vested in the Seller. The Purchaser may not give any third party his/her password or login details to access the virtual training platform.
6.4 The real trading terminal (also referred to as the trading platform), MetaTrader is either
downloaded, installed, and configured on the Purchaser’s “smart” device/laptop/desktop or accessed via the Purchaser’s web browser. MetaTrader is a real trading terminal used by the Purchaser to execute trades in a live- and or demo self-managed trading account. The Seller is not the copyright- and or trademark owner of these real trading terminals and merely recommends these trading terminals to Purchasers and or potential buyers who elect to self-study and learn how to execute their trading options. The Seller does not accept any responsibility for the availability, functionality, and or access to this real trading terminal.
6.5 Trading signals are sent via a Telegram group. It is the Purchaser’s responsibility to accept the Telegram channel via the link provided by technical support. These signals are for educational purposes only and should not be seen as recommendations or financial advice. Trade signals are published by the Seller as and when opportunities present them.
6.6 Save as expressly otherwise stated in the Agreement, all rights, title, and interest in and to all trade names, trademarks, logos, copyrights, and other intellectual property rights used or embodied in or relating to the Object of Purchase, (collectively “intellectual property”) shall be and remain the sole property of the Seller or its suppliers.
6.7 The Purchaser shall not be entitled to reproduce, distribute, disseminate, sell, publish, broadcast, or copy the intellectual- or copyright-protected property in any way whatsoever.
7. This “Online Purchase Order” contains all the terms and conditions applicable to the “Object of Purchase”. Verbal agreements are not binding. It is the responsibility of the Purchaser to always familiarize him/herself with any terms and conditions and the compatibility of any add-ons and or plug-ins of any platform(s) before installing, accessing, and or use of such add-ons, plug-ins, real trading terminal and or the FSCA registered Stockbroker.
8. To access the course material and or utilize the real trading terminal an ADSL or LTE data/internet connection must be available. Internet data connection and all data charges are the responsibility and the account of the Purchaser.
9. The Agreement Amount, in respect of the “Object of Purchase”, is payable by the Purchaser to the Seller, and will the amount due be shown on the Website upon Checkout. The Purchaser shall in the “Schedule of Payment” elect the method of payment by which he/she will pay the purchase amount due or any part or balance thereof, which may be a combination of payment methods, i.e., card and or electronic fund transfer, finance and or monthly debit order (Payment Plan) and shall duly give effect to such elected payment method.
9.1 Should the Purchaser, or Account Holder on his/her behalf elects to pay the agreed amount due or any part thereof by a card, the card payment authorization shall be submitted and authorized by the Purchaser and or Cardholder. This authorization shall give an irrevocable authority to debit the specified card with the amount stipulated. The Seller makes use of a secure authentication system to verify the card holders’ details with the bank, which directs the Purchaser to a secure link with its bank. The Purchaser’s card details will only be accessible to the compliance service provider and the Seller will not have access to this information.
9.2 Should the Purchaser elect to pay any part of the agreement amount due in recurring installments, the Purchaser, or the Account Holder on his/her behalf shall select this option at the online payment schedule.
9.2.1 The Purchaser undertakes to instruct his/her bank or to procure that the Account Holder instructs his/her bank to effect payment of such installments by debit order, provided that if the Purchaser (or the Account Holder on his/her behalf) terminates such debit order, the Purchaser shall nevertheless remain liable for payment of the agreement amount due by other means on-demand.
9.2.2 The Purchaser and or Card- and or the Account Holder acknowledges that if for any reason payment of the agreement amount due or any part thereof by a card(s) is not approved or effected, the Purchaser and or person who consented to joint liability (also referred to a “Further Party”), shall nevertheless remain liable for payment of the agreement amount due by other means on-demand. The Purchaser and or Cardholder shall pay the agreed amount due to the banking account of the Seller: Diversit-e Smart Trade College, First National Bank, Current account # 626 259 35377; Centurion # 250 655.
9.2.3 It is the Purchaser’s responsibility to familiarize him/herself with the applicable Terms and Conditions and mandate of the online payment system he/she selected. Although the Purchaser may cancel the recurring payments at his/her financial institution, such instruction will not cancel this agreement or waive the Seller’s right to demand performance (payments to be honored) in terms of this agreement.
9.3 All payments due in terms of this agreement must be affected as per the agreement.
9.3.1 Should the payment(s) not be honored, the Purchaser consent to listings on the South-African national credit bureaus and more specifically through Accountability Solutions (Pty) Ltd.
9.4 Should the Purchaser fail to pay the agreed amount due or any part thereof on the due date(s) as mutually agreed, then, without derogating from any of the other rights of the Seller, the agreement amount due, or any balance thereof shall immediately and without notice become due and payable. If the Seller is not able to reach the Purchaser at any of the contact details given in this purchase agreement, be it via mobile- and or any other contact number, email, or post, the Purchaser consents that the Seller may perform a trace on the Purchaser’s records on any credit bureau, solely to obtain contact details to reach the Purchaser.
9.5 If a payment plan is selected, it is recorded that it is not a subscription fee, and is there no interest added to the purchase amount due. Any recovery, tracing, and or collection costs will be for the Purchaser’s account.
10. No cancellations or refunds will be accepted. In the case of Direct Marketing, the provisions of the South African Consumer Protection Act (CPA), 2008 (Act 68 of 2008) chapter 2: Fundamental Consumer rights, Part C: Consumer’s right to choose, 16 Consumer’s right will apply, giving the Purchaser a 5 working day cooling-off period from the commencement date. Cancellation requests should be sent in writing to info@smartonlinetrader.com. A cancellation fee of 5 % (five percent), calculated on the amount received by the Seller, will be levied to cover bank and administration fees. If cancellations are done in terms of this clause and the Purchaser accepted personalized technical coaching and services, the Purchaser will be liable for the costs of these services offered to the Purchaser (refer to 6.2 above, the option to evaluate before entering the purchase agreement).
11. In terms of the South African Financial Advisory and Intermediary Services Act, 37 of 2002 all active trading must be executed through an FSCA-registered Broker. Broker Trading commission and or swap fees apply and vary depending on the Broker used by the Purchaser. The Seller will introduce the Purchaser to its preferred broker/s. It is the responsibility of the Purchaser to first familiarize him/herself with the terms and conditions applicable to the opening and activation of a self-managed trading account including applicable terms and conditions. The Seller, its Employees, Sales Executives, Affiliates, and or sub-distributors shall not be held liable for any loss of data, profits, special and or incidental and or any other damages arising from the use of any of the devices and or course(s) and or live/real trading terminal.
11.1 The reason for the limitation of liability as set out above is the fact that the use of the Object of Purchase calls for a value judgment on the part of the Purchaser, over which the Seller has no control. The Object of Purchase is intended for educational purposes only.
12. Self-managed trading account funding:
12.1 The Purchaser may elect to add to the purchase price a self-managed trading account first-time deposit. The deposit will be used to fund a real trading account on behalf of the Purchaser with the Seller’s preferred broker, in the Purchaser’s name, to enable the Purchaser to start self-trading. If this option is elected the Purchaser consents to the opening of a such self-managed trading account on his/her behalf, and that the amount he/she elected will be transferred in his or her name. If no value was chosen, the Purchaser needs to open and self-fund his/her self-managed trading account. The Purchaser will be required to go through the verification process and submit the necessary documents with the preferred broker and will this not be done on his/her behalf. Any redeposits must be executed by the Purchaser.
12.2 The Purchaser shall familiarize him/herself with the client service agreement, the terms, and conditions as well as any terms and conditions of the preferred broker during or after the verification process. When the preferred broker offers tradeable bonuses from time to time, the Purchaser must acquaint him/herself with those terms and conditions. The Seller or any other reseller agent will not be held accountable should the Purchaser fails to familiarize him/herself with these documents.
13. The Purchaser consents to receive marketing and or promotional material and that the Seller may his/her image and or video testimonials for marketing purposes on the Seller’s social media pages and or platforms. All information provided herein is treated strictly private and confidential. Our privacy and disclaimer policies can be viewed on our website vt.smartonlinetrader.com. The Purchaser has the right to opt out of any marketing campaigns via email to enrol@smarttradecollege.com and or unsubscribe from electronic media. The Purchaser will familiarize him/herself with the Seller’s Protection of Private Information Policies and will information submitted by the Purchaser only be used for the intended purpose.
14. The Purchaser consents (opt-in) to receive messages from the Seller (WhatsApp; SMS or MMS). To ensure that these messages comply with applicable laws, communications industry guidelines or standards, and measures of fairness and decency the Seller makes use of Twilio and complies with their messaging policy, privacy notice, and data protection addendum. The Purchaser can revoke his/her consent at any time by following the opt-out instructions contained in these messages.
15. Trading the Capital/Financial Markets, including but not limited to, Foreign Exchange (FOREX), Contracts for Difference (CFDs), US Stocks CFDs, Commodities, Indices, and Cryptocurrencies carries a high level of risk. Never trade with money you cannot afford to lose; you may lose all your money on a single trade. Always apply proper risk management. The course modules, analysis, trading, resources, live trade signals (provided by a third party, through our Smart Online Trader Learning Management System – hereinafter referred to as “SOT LMS”), and or the trade ideas with its respective analysis published on the Smart Online Trader Trading Telegram channel (hereinafter collectively referred to as “the services”), are for educating online traders and must not be seen as an investment-, financial-, or trading advice. Consult with our preferred broker or an FSCA-regulated broker or financial advisor before investing or executing a trade. The SOT LMS and services are copyright protected and are the exclusive property of Diversit-e Smart Trade College (Pty) Ltd (hereinafter referred to as “DSTC”) or their respective third parties.
DSTC, SOT, its representatives, employees, contractors, affiliates, and or reseller agents are not regulated and or registered financial advisors and are not licensed to give any financial- and or investment advice. They do not manage any monies for investment purposes. Examples used by the Sales Executive during the presentation and our products (MetaTrader) are based on past performances and do not guarantee future growth. The User, (also referred to as “client”/” trader”/” nominated person”/” purchaser”) indemnifies it/them from losses and or damages suffered in any way.
16. The Purchaser confirms that he/she was of sound mind, has familiarized him/herself with the amount due, elected the payment method, and understands these terms and conditions. A copy of these accepted terms and conditions together with the order summary will be emailed to the Purchaser.
17. This clause 17 applies to the clients who elect to make use of our Smart Online Trader Gold Algorithm
17.1 Introduction
Users- or potential users (also referred to as clients) must familiarize themselves with our Risk Disclosure Notice and terms and conditions before installing- or using any of Diversit-e Smart Trade College’s (hereinafter referred to as DSTC) services or offerings.
Once a User has registered or installed any of our Smart Online Trader’s products or offerings, through a link, via our website, or any other platform, DSTC, its Developers, and or Reseller Agents, will accept that the User fully understood and agreed to the Risk Disclosure with the applicable Terms and Conditions, and accepted the contents thereof.
17.2 Smart Online Trader Algorithm/s Explained
Algorithms are programs that have been developed for MetaTrader 4 and are used for the automation of analytical and trading processes. They perform prompt technical analysis of price data and manage trading activities. Algorithms can perform analytical
and trading operations for any symbols or periods.This enables a user to reap the profits without having to do the work.
17.3 Requirements for a User to use the Smart Online Trader Algorithm/s
• Laptop or Personal Computer, not any mobile devices should be used.
• 24/7 WiFi connection
• MetaTrader 4
• The MetaTrader 4 terminal must be open and connected to an active WiFi signal for the Algorithm to function properly.
• To avoid unnecessary downtime (for example load-shedding, no internet connection, etc.) the User agrees to use the VPS (Virtual Private Server), which will be hosted by DSTC. The User will receive a one-on-one set-up session. If the User does not want to make use of the VPS facility, he/she needs to inform us
thereof info@smartonlinetrader.com
17.4 Risk Disclosure Notice
There is considerable exposure to risk in any derivative trading transaction. Any transaction involving derivatives involves risks including, but not limited to, the potential for changing political and/or economic conditions that may substantially affect the price or liquidity of a currency.
The leveraged nature of derivative trading means that any market movement will have an equally proportional effect on your deposited funds. This may work against- as well as for the benefit of a User. The possibility exists that a User could sustain a total loss of initial margin funds and be required to deposit additional funds to maintain his/her position. If a User fails to meet any margin call within the time prescribed, his/her position will be liquidated, and will the User be responsible for any resulting losses.
The Smart Online Trader Algorithm/s will aim to lower the exposure to risk by employing risk-reducing strategies such as a stop-loss as well as securing trades once profits have been achieved.
Derivative trading has large potential rewards, but also large potential risks. A User must be aware of the risks and be willing to accept them to trade in the financial markets. Don’t trade with money you cannot afford to lose.
Smart Online Trader neither solicits nor recommends buying/selling any derivative instruments. No representation is being made that any account will or is likely to achieve profits or losses like those discussed during our online sessions. The past performance of any trading system or methodology is not necessarily indicative of future results.
By purchasing any Smart Online Trader products, the User acknowledges and accepts that all trading decisions are his/her own or sole responsibility, and the author and anybody associated with any Smart Online Trader products will not be held responsible for any losses that are incurred as a result.
By using the Smart Online Trader Algorithm/s or any other Smart Online Trader Strategy/System the User agrees to hold DSTC, and anyone involved in the development, production, and distribution of any system/strategy purchased through them free of any responsibility or liability for any losses sustained while using these Algorithm/s and or while trading with live funds. Any live trading that a User executes, be it manual or automated, is done so at his/her own risk and discretion. A User can lose large sums of money by taking excess risk while trading in the live market. Neither DSTC nor any of its authorized Reseller Agents shall be held responsible for any losses that a User might incur during any trades.
17.5 Monthly Subscription & Minimum Trading Account Deposit
The monthly subscription to access the SOT Algorithm/s is ZAR 499 per month via debit order subscription. If a debit order is not honoured by the issuing bank, will all access be revoked after 20 working days, giving the User enough time to close any open trades. The User must have an initial balance of USD 1,000.00 in the User’s trading account for any of the Algorithms to perform successfully.
18. Changes to these terms and conditions
These terms and conditions may be amended from time to time and will any variation/s thereof be communicated to the client/user.
19. Copy- and intellectual rights
The SOT Algorithms or any of the SOT products and offerings are copyright protected.
Diversit-e Smart Trade College (Pty) Ltd has a protectable interest in the uniqueness and set-up of its offerings and products and will all rights remain reserved.
You may be required to submit personal information while using the vt.smartonlinetrader.com website (“Website), browse or uses any of our landing pages, or services, or want to connect with us.
This Privacy Policy describes the Company’s policies and procedures on the collection, use, disclosure, and safekeeping of your personal information. This Policy complies with the Protection of Personal Information Act (POPIA) and with the General Data Protection Regulation (GDPR) to the extent that the GDPR applies.
Personal Data (as defined in Article 4 of the GDPR) means any information that relates to an identified or identifiable natural person (data subject) An identifiable natural person can be directly- or indirectly identified.
Personal Information will have the same meaning as defined in Section 1 of POPIA. In this Policy, when referring to Personal Information reference thereof will include Personal Data.
The Company also referred to as “we”, “our” and “us” means Diversit-e Smart Trade College (Pty) Ltd, registration number 2016/305525/07, address Cambridge Park, Block 8, Mezzanine, 5 Bauhinia Street, Highveld Techno Park, Centurion, South-Africa, 0169. Reseller Agents, appointed by the Company, also comply with the terms of this Policy.
We take all reasonable and necessary steps to ensure your personal information is protected.
By communicating electronically with us, accessing your Smart Online Trader Learning Management System (SOT LMS), and browsing through any of our other websites or landing pages you acknowledge that you have read this Privacy Policy and consent to the processing of your personal information as provided for in this policy (“Policy”)
Scope of Policy
The primary object of this policy is to inform you, being the person or organization to whom the
personal information relates, as to
i) Who is responsible for collecting personal information
ii) Types of data we collect
iii) How we collect data
iv) Use and analysis of your data
v) Third parties with whom we may share your personal information
vi) Storage and retention of personal information/personal data
vii) Data security
viii) Analytics
ix) Transfer of your data
x) Unauthorized access to your information
xi) Links to other websites/landing pages
xii) Governing law
xiii) Your rights
xiv) How to contact us
xv) Details for the Information Regulator
xvi) Amendments or changes to this Policy
Who is responsible for the collecting and safekeeping of your personal data
Where we collect, use, and have access to your personal information, the Company will be responsible, in the context of this Policy to protect your personal information safe, as reasonably required and expected.
Types of data we collect
Personally identifiable information that we will use to contact you or to identify you. This identification information may include, but is not limited to
How we collect data
When we collect personal information/personal data from a data subject, we will comply with the notification requirements as set out in Section 18 of POPIA, and to the extent applicable, Articles 13 and 14 of the GDPR.
We will collect and process personal information/personal data in compliance with the conditions as set out in POPIA and the processing principles in the GDPR (as the case may be), to ensure that it protects the data subject’s privacy.
Active Information Collection
Active information collection refers to instances where we obtain information from a data subject where they have directly provided us with Information, such as when we receive an inquiry in respect of a specific offering or service, or when a data subject subscribes to receiving marketing material from us. Throughout the use of our Website(s) or pursuant to providing a data subject with the relevant products and/or services, we may request that the data subject provides us with Personal Information and views/ or opinion in the form of a questionnaire, such information is required to assist us to not only improve our products and services to our client but also ensure that our clients continue to experience products and services that are of exceptional value and quality. We may also use personal information to provide data subjects and clients with electronic updates, alerts, and other information regarding our products and services.
Inactive Information Collection or Usage Data
Usage Data
refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit)
Inactive or passive Information collection
refers to instances where we collect Information from data subjects that they have not actively provided as contemplated above. To this end, we may use technologies to passively collect information while data subjects or clients are visiting, accessing, or using our Website or making use of our services or products. These technologies allow us to collect certain kinds of information which can perhaps not be linked to a data subject or client as a person (i.e. nonpersonally identifiable information), such as their internet domain name, the type of web browser they use, the operating system they use, the date and time of their visit to our Website, the specific pages they may have visited, and the address of the website which they have visited before entering our Website.
Kindly note that we do not link this passively collected non-personally identifiable information with personally identifiable information a data subject or client has actively provided elsewhere on our Website or at any of our physical locations and/or facilities. We reserve the right to share with third parties, including our business partners and advertisers, any anonymous aggregated non-personal information which we may have passively collected via our Website.
Tracking Technologies and Cookies
We use Cookies and similar tracking technologies to collect information passively or inactively through our Website, namely:
i) Cookies:
Our Website uses cookies, which are small text files that store non-personally identifiable information about a client or data subject, either temporarily in connection with their Internet Protocol (IP) address (known as a temporary or session cookie, and deleted once they close their browser window) or more permanently on the hard drive of their computer (known as a permanent or persistent cookie). We use session cookies so that a data subject or client does not have to fill in the same information from page to page within our Website. If a data subject or client elects not to receive cookies, they may be able to view some, but not all, of the content on our Website.
ii) Web Beacons:
We may include small graphic images called web beacons, also known as “Internet tags” or “clear gifs,” in our web pages and email messages. Web beacons may be invisible to data subjects or clients, but any electronic image inserted into a web page or e-mail can act as a web beacon. We may use web beacons or similar technologies for several purposes, including, without limitation, counting the number of visitors to our Website, monitoring how users navigate the Website, counting how many emails that we sent were opened, or counting how many particular articles or links were viewed.
iii) Embedded Scripts:
An embedded script is programming code that is designed to collect information about your interactions with the relevant Website. It is temporarily downloaded onto the computer of a data subject or client from our web server or a third party we may work with, is active only while a data subject or client is connected to the relevant Website, and is deleted or deactivated thereafter.
iv) Mobile Device Identifiers:
Certain mobile service providers uniquely identify mobile devices and we or our third-party service providers may receive such device information if a data subject or client accesses our Website through mobile devices. Certain features of the relevant Website may require the collection of mobile phone numbers and we may associate that phone number with the mobile device identifiers. Additionally, some mobile phone service providers operate systems that pinpoint the physical location of devices that use their service. Depending on the provider, we and our third-party service providers may receive this information. If we associate any such passively collected information with a data subject or client’s Personal Information/Personal Data, we will treat the combined information as Personal Information as contemplated in this Policy.
Use and analysis of your data
All Personal data/information that may be collected from a data subject will only be processed in accordance with this Policy or as specifically disclosed to you and/or brought to your attention at the time you provide the information.
We generally will use your data:
A data subject has the right to a copy of his/her personal information/personal data which is held by us.
If you made a purchase, online- or entered into a purchase sale agreement, and or opt-in to receive emails or SMS notifications, you agree to receive email- or SMS communications from us, including but not limited to events, site updates, promotions, newsletters, or general correspondence. Always check your spam or junk mail folders. We are not responsible if you do not receive emails and it is your responsibility to ensure our email addresses are not blocked or in a junk- or spam folder. When you unsubscribe or opt-out from receiving emails, you confirm that you may not receive important information, promotions, or advertising
material.
ActiveCampaign is a marketing email service provider that we use to manage and send emails to you.
Their Privacy Policy can be viewed at https://www.activecampaign.com/legal/privacypolicy?_ga=2.268394055.891089512.1658332718-2551186.1657188583
Third parties with whom we might share your personal information
Access to Personal Information classified as “Confidential” or “Restricted” shall be limited to authorized persons who in the fulfillment of their obligations require such access.
Storage and retention of personal information/personal data
All Personal Information provided to us electronically will be stored on our secure servers located in South Africa. We also make provision for any hard-copy information to be stored and filed securely. Your personal information will be stored by us, for our records, unless you ask us to
remove/delete this information.
We are ATMOS ( an entity that fulfills all regulatory compliance standards by encrypting recordings with a 256-bit AES rotating encryption and storing them on a secure cloud server) compliant, which means that any call made to a data subject, client, or a third party may be retrieved for quality and control purposes.
Data Security
We are committed to implementing leading data security safeguards to protect your personal information from unauthorized access, copying, accidental loss, disclosure, theft, or destruction.
If we have a contract with another organization to provide us with services or a service on our behalf to process your personal information, we will ensure that your information is protected and that they only process your information in the way we have authorized them to. These organizations will not be entitled to use your personal information for their purposes or to make it available to any other third party.
Unfortunately, the transmission of information via the internet is not completely secure. Whilst we have taken all appropriate, technical, organizational, and reasonable measures to secure the integrity and confidentiality of the Personal Information in our possession, to guard against the loss of, damage to, or unauthorized destruction of Personal Information and unlawful access to or processing of Personal Information, we do not guarantee that our security system is 100% secure or error-free. Therefore, we do not guarantee the security or accuracy of the information (whether it be Personal Information or not) that we collect from data subjects and process under this Policy.
We however commit to notify any affected data subject and the relevant regulator as soon as reasonably possible should we become aware of any security breach.
You may choose to disclose your information in certain ways such as social plug-ins (including those offered by Google, Facebook, Twitter, and Pinterest) or using third-party services that allow you to post reviews or other information publicly, and a third party could use that information. Social plug-ins and social applications are operated by the social network themselves and are subject to their terms of use and privacy and cookie policies. You should make sure you are familiar with these.
We will never ask for your secure personal or account information by unsolicited means of communication. You are responsible for keeping your personal and account information secure and not sharing it with others. By accepting the terms and conditions to which this policy relates, the data subject agrees to indemnify and hold us harmless for any security breaches which may potentially expose the personal information/personal data in our possession to unauthorized access or the unlawful processing of such personal information/ personal data by any third party.
Analytics
Third-party service providers may be used to monitor and analyze the use of our services.
Google Analytics, a service offered by Google, tracks, and monitors website traffic and the use of our services. This data is shared with other Google services and may Google use this data to personalize the ads on its advertising network.
You can opt-out by installing the Google Analytics opt-out browser add-on that will prevent Google Analytics from sharing information with Google Analytics about visit activity.
Visit the Google Privacy and Terms page: https://policies.google.com/privacy
Transfer of your data
We process your personal information and personal data at our operating offices and in any other places where the parties involved in the processing are located. This means that information may be transferred or maintained on servers or computers outside of your country, province, state, or other governmental jurisdiction where data protection laws may differ from those in your jurisdiction.
Your submission of your information will represent your agreement to such transfer.
We will take all reasonable steps to ensure that your personal information and personal data are not transferred to an organization or country where there is not adequate control to secureand protect your personal information.
Unauthorized access to your information
Despite the security measures we have in place to protect your personal information (firewalls, password access, and encryption methods) you acknowledge that it may be accessed by an unauthorized third party, e.g., because of illegal activity. You acknowledge that any transmission of Personal Information will be solely at your own risk. Once we have received your Personal Information, we will use strict procedures and security features to try to prevent unauthorized access to it. We shall not however be held responsible
for, and by accepting the terms and conditions to which this Policy relates, you agree to indemnify us and hold us harmless for any security breaches which may potentially expose the Personal Information in our possession to unauthorized access and or the unlawful processing of such Personal Information by any third party.
Links to other websites
On our Website, you may see references or links to websites that are owned and/or managed by third parties which third parties are unrelated to us (“Third Party Websites”), and which Third Party Websites are specifically excluded from this Policy.
These Third-Party Websites have separate and independent terms and conditions and privacy policies applicable to their respective sites, services, and or products. These Third-Party Websites may follow different practices in the processing and security of Personal Information, and you are strongly advised to read the privacy policy of each Third-Party Website you visit before providing Personal Information.
We shall bear no responsibility or liability for the products offered, services rendered, or content provided through or using any Third Party Websites. We, therefore, make no warranties or representations whatsoever regarding the products offered or services rendered by any third party or the content or activities of any Third-Party Websites which may be accessed or used through or using our Website and/or their associated services.
Governing law
We protect a data subject’s constitutional right to privacy and will use and process your personal information or data following the laws of South Africa, and more specifically in terms of the POPIA Act.
Your rights
We are committed to processing Personal information in a manner that is consistent with applicable data protection laws. Below we set out details on how you can exercise your rights. Please note that the same is not intended to be a closed list and that you are advised to consult the relevant legislation or take legal advice in respect of your rights and entitlements under the applicable data protection laws, should you so desire.
Right to correct or update personal information
Upon request, having provided adequate proof of identity, you have the right to have information held about you corrected or updated if it is not accurate or has changed. To request a correction or to update your personal information, please do this in writing at
info@smartonlinetrader.com.
Right to access personal information
You have the right to have access to your personal information.
Right to Opt-Out
If you no longer want to receive marketing messages from us or if you do not want to be contacted by us, please send this written instruction to helpme@smartonlinetrader.com / info@smartonlinetrader.com and you will be ‘opted out’.
We are registered members of the DMASA. A data subject may visit the following link to opt out from receiving marketing material or to be contacted by a member of the DMASA
https://www.nationaloptout.org/
How to contact us
Should you feel that we have in some way not adhered to this policy you can forward any comments or complaints to our Information or Deputy Information Officer. Information officer: Francois Oosthuizen
Deputy Information Officer: Lizelle Oosthuizen
E-Mail: helpme@smartonlinetrader.com / info@smartonlinetrader.com
Contact numbers: +27 10 7535 460 / +1 (302) 208 7284
Chatbot Assist: https://vt.smartonlinetrader.com/
Details for the Information Regulator
The Information Regulator (South Africa)
Physical Address: 33 Hoofd Street Forum III, 3rd Floor, Braampark, Johannesburg, 2001
P.O Box 31533 Braamfontein, Johannesburg, 2017 Contact Person: Mr. Marks Thibela Chief
Executive Officer Tel No. +27 (0) 10 023 5207.
Complaint’s email: complaints.IR@justice.gov.za General enquiries email:
inforeg@justice.gov.za
Residents outside of South Africa may complain to their local data protection regulator.
Amendments or changes to this Policy
We reserve the right to update or amend this Policy, if necessary, these reasons may include but are not limited to operational, legal, or regulatory reasons.