Privacy Policy

We welcome you to the Footprints 4 Sam family and hope that our website and mobile and/or virtual applications will be of assistance. This privacy policy and these terms of service or terms of use (“Terms”) are set out to cover your rights and obligations. All references to “we”, “us”, “our” or “Footprints 4 Sam” refer to the Footprints 4 Sam Trust, Master’s Reference Number: IT002433/2017(G). All references to “you”, “your” or “user” refers to you as the end-user of the Service.

Kindly read this policy and the terms of use, as they contain important information about your rights and responsibilities, including limitation of our liability. If you do not accept these terms in their entirety, you may not access or use the Services.

PRIVACY POLICY

• Footprints 4 Sam is committed to protecting your privacy. Irrespective of how we come by your personal information, we would like to assure you of the confidentiality of your information that may be obtained via the use of the website or other Footprints 4 Sam mobile or electronic applications (collectively, “the Services”). We are committed to complying with the Protection of Personal Information Act, 4 of 2013 (“the Act”) and regulations published pursuant thereto. Should you have any queries about our privacy policies, please do not hesitate to contact us at info@footprints4sam.org..
• By using the Services and agreeing to this policy, you consent, which consent constitutes permission, for the processing of personal information. We are acting as a responsible party and a custodian of your personal information and will accordingly adopt all prudent practices to maintain the confidentiality of your information and process that information in accordance with the Act and only as necessary for providing the Services.
• When you use our website or mobile applications, you may be required to provide us with your personal information such as your name, address and email address, and in addition, you may be required to create a username and password.
• Whilst using our applications or the applications of our service providers, such applications may collect your IP addresses and/or geo-locations while the application is running on your device. You will however be able to limit such collection in the settings of your device. Any information collected will be utilised primarily for providing you with the core aspects of the Services.
• Notwithstanding your consent by agreeing to our terms and conditions and this policy, you may withdraw your consent at any time by emailing us at info@footprints4sam.org. We may, from time to time, utilise basic aspects of your personal information, such as email addresses and/or physical address and contact details, in order to send you information about Footprints 4 Sam, and the Services or to deliver a Footprints 4 Sam World Giving Series Challenge prize or a item you may have purchased. You always have the option to opt out or withdraw your consent.
• Where we are making use of third-party service providers, we will similarly endeavour to ensure their compliance with the Act and the terms of this policy, but we are not liable for their privacy practices. Where we are acting as a controller of your personal information, by using the Services and agreeing to these Terms, you consent to the use of your personal information by the charity’s, mission-driven businesses, and the donors who support and benefit from Footprints 4 Sam’s challenge(s) that you participate in (“Partners”). Where we are acting as a processor of a Partner, we will process your personal information in accordance with the provisions of the Partner’s privacy policy and in accordance with the Act.
• It may be that representatives or persons assisting you or any Footprints 4 Sam personnel, including employees, contractors and agents, that such persons have a need to know such information. Again, any disclosure to such persons will be in compliance with the Act and this policy.
• Every reasonable effort will be made to secure your personal information and to prevent the loss, misuse or alteration of all personal information obtained from you.
• The services available through the Website, may contain links to other third-party websites, including (without limitation) social media platforms, payment gateways, appointment scheduling and/or live chat platforms (“Third-Party Websites”). If you select a link to any Third-Party Website, you may be subject to such Third-Party Website’s terms and conditions and/or other policies, which are not under our control, nor are we responsible therefore.
• Hyperlinks to Third Party Websites are provided “as is”, and we do not necessarily agree with, edit or sponsor the content on Third Party Websites.
• We do not monitor or review the content of any Third-Party Website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of other websites, either.
• Users should evaluate the security and trustworthiness of any Third-Party Website before disclosing any personal information to them. We do not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
• Save for misconduct or gross negligence, we are not liable for the loss, misuse or alteration of your personal information.
• Should you have any queries or would like any further information, you are welcome to contact our appointed personal information officer at the following address: info@footprints4sam.org.

TERMS AND CONDITIONS OF USE - FOOTPRINTS 4 SAM WORLD GIVING SERIES

1. PERMITTED USE OF THE SERVICE

You may only use the Service for its intended purpose. You may not use the Service for any other purpose. Any non-permitted use of the Service, as determined in our sole discretion, shall be grounds for immediate termination of these Terms and immediate termination of your use of, and access to, the Service.

2. LIMITATIONS ON USE OF THE SERVICE

You are prohibited from violating or attempting to violate any security features of the Service, including, without limitation, accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; attempting to probe, scan, or test the vulnerability of the Service, or any associated system or network, or to breach security or authentication measures without proper authorization; interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Service, overloading, “flooding,” “spamming,” “mail bombing,” “crashing,” or undertaking similar activities; and forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service. Further, you may not copy, sell, distribute, publish, download, or reproduce any aspect of the Service. You also may not modify, make derivative works of, decompile, reverse-engineer, disassemble, or otherwise convert any aspect of the Service. Further, you agree not to license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service; you agree not to access the Service in order to build a similar or competitive service; you agree not to access (or attempt to access) any of the Service by means other than through the interface that is provided by Footprints 4 Sam; and you agree not to remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) which may be contained in or displayed in connection with the Service.

3. OWNERSHIP OF THE SERVICE

The Service contains important and proprietary property owned by us or our partners, including software and hardware that constitutes our or their intellectual property and trade secrets. Nothing in these Terms shall be construed as a conveyance of any ownership right or title in or to our property or the property of our third party partners or service providers. We only grant you a nonexclusive, non-transferable, non-sublicensable, and revocable license to use the Service for the purposes permitted by these Terms, and only for as long as you are permitted to access the Service.

Further, you may choose to, or we may invite you to submit comments, suggestions, or ideas about the Service, including how to improve the Service (“Feedback”). By submitting any Feedback, you agree that your submissions are voluntary, gratuitous, unsolicited, and without restriction and will not place us under any fiduciary or other obligation. We may use, copy, modify, publish, or redistribute the submission and its contents for any purpose and in any way without any compensation to you. You also agree that we do not waive any rights to use similar or related ideas previously known to us, developed by its employees, or obtained from other sources.

You may also choose to share photos or other similar materials through the Service. By submitting any such photos or similar materials, you agree that your submissions are voluntary and without restriction. You further agree that we may use, copy, modify, publish or redistribute such materials in order to promote Footprints 4 Sam or for other similar purposes without any compensation to you.

4. THIRD PARTY SITES AND SERVICES

Our Service may be integrated with services provided by third parties as part of the functionality of the Service. You understand that we do not have control over third parties and that such third parties are not agents of Footprints 4 Sam. As such, we make no guarantees about, and assume no responsibility for, the information or services provided to or by third parties. You acknowledge and agree that we make no representation or warranty about, and do not endorse, third party’s products or services or the information provided by third parties, whether through the Service or otherwise. Accordingly, we are not responsible for your use of any third party product or service or any harm or losses arising from or relating to your use of any third party products or services. You should contact the third party with any questions about their products and services. Footprints 4 Sam hereby disclaims and you hereby discharge, waive and release Footprints 4 Sam and its licensors and suppliers from any past, present, and future claims, liabilities, and damages, known or unknown, arising out of or relating to your interactions with such third parties and their products and services.

Where we are acting as a controller of your Personal Data, by using the Service and agreeing to these Terms, you consent to the use of your Personal Data by the charity’s, mission-driven businesses, and the donors who support and benefit from Footprints 4 Sam’s challenge(s) that you participate in (“Partners”). Where we are acting as a processor of a Partner, we will process your Personal Data in accordance with the provisions of the Partner’s privacy policy and in accordance with the Act.

5. INFORMATION YOU PROVIDE

Any information obtained about yourself, either directly or through your user account, is subject to the Footprints 4 Sam privacy policy which is set out herein.

Through the use of the Service, you grant us the right to use your personal information in terms of our privacy policy. All your personal information will be safeguarded in terms of the Protection of Personal Information Act, 4 of 2013 (“the Act”).

6. INTELLECTUAL PROPERTY RIGHTS OF OTHERS

You may not upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of the intellectual property or proprietary rights of any third parties. You represent and warrant to Footprints 4 Sam that you own, or have the right to use, all information that you provide on or through the Service. If you do not respect a third party’s intellectual property or proprietary rights, you are solely responsible for any violations of law.

7. INAPPROPRIATE CONTENT

You shall not make inappropriate content available on, or through, the Service, including, but not limited to: libellous, defamatory, obscene, pornographic, abusive, or threatening content; content that advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or advertise or otherwise solicits funds for goods or services. If you post this type of inappropriate content, or use the Service to transmit such content, we may remove such content from our servers and terminate your account.

8. DISCLAIMER OF WARRANTIES

The service is provided for your convenience, “as is” and “as available” and Footprints 4 Sam and our licensors, suppliers and partners expressly disclaim any warranties and conditions of any kind, whether express or implied, including without limitation the warranties or conditions of merchantability, fitness for a particular purpose, accuracy, and non-infringement.

Footprints 4 Sam and our licensors, suppliers and partners make no warranty that defects will be corrected or that the service: will meet your requirements; will be available on an uninterrupted, timely, secure, or error-free basis; or will be accurate or reliable. no advice or information, whether oral or written, obtained by you from Footprints 4 Sam or though the service shall create any warranty.

Footprints 4 Sam does not warrant, endorse, guarantee, or assume responsibility for any product, service, business, or infomation advertised or offered by a third party through or in connection with the service, and Footprints 4 Sam is not a party to any transaction between you and third-parties.

Footprints 4 Sam makes no representations concerning any content contained in or accessed through the service, and Footprints 4 Sam will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the service.

Footprints 4 Sam is not responsible for compliance with any laws or regulations applicable to any contests offered by any Footprints 4 Sam partner. to the extent that you enter into any contest offered by a Footprints 4 Sam partner on the platform, you must contact such Footprints 4 Sam partner to seek recourse, if any.

9. LIMITATION OF LIABILITY

Nothing in these Terms and in particular within this “Limitation of Liability” clause shall attempt to exclude liability that cannot be excluded under applicable law.

To the maximum extent permitted by law, in addition to the above warranty disclaimers, in no event will (a) Footprints 4 Sam or any Footprints 4 Sam partners or service providers be liable for any indirect, consequential, exemplary, special, or incidental damages, including any damages for lost data or lost profits, arising from or relating to the service.

Further, by using the service you understand and agree that you are using the service voluntarily and understand that Footprints 4 Sam and Footprints 4 Sam’s partners cannot and do not guarantee your personal safety in connection with the use of the service. you agree that participation in activities associated with your use of the service, such as walking, running, biking, and swimming and other related activities, involve inherent risks such as physical injury, illness, death, or damage to (or loss of) personal property. you assume all risks without limitation. you hereby absolve, release, and waive any and all liability, claims, or demands against Footprints 4 Sam and Footprints 4 Sam’s partners, from any and all claims, demands, rights, and causes of action of whatsoever causes of nature arising from and by reason of any and all known and unknown, foreseen and unforeseen bodily and personal injuries including but not limited to serious injury, illness, death, damage to property, and the consequences thereof resulting from, or relating to physical activities conducted by you in connection with your use of the service.

10. GOVERNING LAW

The validity and interpretation of these terms will be governed by the laws of the Republic of South Africa.

11. DISPUTE RESOLUTION

• 11.1. In the event of any dispute or difference arising between the parties hereto relating to or arising out of this agreement, including the implementation, execution, interpretation, rectification, termination or cancellation of this agreement, the parties shall forthwith meet to attempt to settle such dispute or difference, and failing such settlement within a period of 5 (five) days or such lesser time as urgency dictates, the said dispute or difference shall be submitted to arbitration in accordance with the provisions set out below.
• 11.2. The arbitration referred to in clause 12.1 shall be held –
• 11.2.1. at Johannesburg;
• 11.2.2. informally but in accordance with the provisions of the Arbitration Act, 42 of 1965, as amended;
• 11.2.3. with a view to its being completed within 30 (thirty) business days after it is demanded, having particular regard to any urgency regarding the matter in issue.
• 11.3. The arbitrator shall be, if the question in issue is –
• 11.3.1. primarily an accounting matter, an independent chartered accountant of at least 7 (seven) years' standing;
• 11.3.2. primarily a legal matter, a practising junior Advocate of at least 7 (seven) years at the Bar;
• 11.3.3. any other matter, an independent person; and failing agreement between the parties as to such accountant, junior Advocate or independent person, such person to be appointed by the President for the time being of the Gauteng Society of Chartered Accountants (in the case of clause 12.3.1 above) or the President of the Johannesburg Bar Association (in the case of clause 12.3.2 and clause 12.3.3 above).
• 11.4. If agreement cannot be reached between the parties within 2 (two) days, or such lesser time as urgency dictates, after the arbitration has been demanded as to whether the question in issue falls under clauses 12.3.1, 12.3.2 or 12.3.3 then a practising junior Advocate (to be determined in accordance with clause 12.3.3 above), shall determine the nature of such issue.
• 11.5. The arbitrator –
• 11.5.1. shall decide the matter submitted to him according to what he considers just and equitable in the circumstances;
• 11.5.2. shall have regard to the desire of the parties to dispose of such dispute expeditiously, economically and confidentially;
• 11.5.3. need not observe or take into account the strict rules of law in arriving at his decision which shall be made as an expert and not as an arbitrator;
• 11.5.4. shall determine the liability for his charges which shall be paid accordingly.
• 11.6. The parties irrevocably agree that the decision any arbitration proceedings hereunder –
• 11.6.1. shall be binding on all of them;
• 11.6.2. shall forthwith be carried into effect;
• 11.6.3. may be made an order of any court of competent jurisdiction.
• 11.7. The provisions of this clause shall continue to be binding on the parties notwithstanding any termination or cancellation of the agreement.