CoffeeChat Terms & Conditions of Use & Service
By accessing or using www.coffeechat.co or any of its related blogs, websites or platforms (collectively, “the Website”), owned by Coffee Chat Africa (reg: 162002 C1/GBL) (“CoffeeChat”), a private limited liability company registered and operating in accordance with the laws of Mauritius, you agree that you have read, understood and agree to be bound to the terms and conditions contained herein (the “Terms”). All rights in and to the content of the Website remain at all times expressly reserved by CoffeeChat.
Please see CoffeeChat’s distinct sections on Privacy, Intellectual Property, and Disclaimers & Indemnities.
Please pay specific attention to the BOLD paragraphs of the CoffeeChat Terms. These paragraphs limit the risk or liability of CoffeeChat, constitutes an assumption of risk or liability by you, impose an obligation by you to indemnify CoffeeChat or is an acknowledgement of any fact by you.
Please read these terms carefully before accessing or using the Website and/or Services. CoffeeChat will assume you have read and understood these terms should you continue to access or make use of the Website and/or Services.It is important to note the following:
- The terms "user", “you" and “your” are used interchangeably in these Terms and refer to all persons accessing the Website for any reason whatsoever. Accordingly, the terms “us”, “our” or “we” refers to CoffeeChat or its possession.
- Not all terms are necessarily defined in order.
- These terms were last updated on 21 February 2019.
Terms of Use
1. INTRODUCTION TO THE WEBSITE AND SERVICES1.1. CoffeeChat provides an online platform providing a range of service providers- and networking-assistance tools, which, amongst other features, allows users to: meet other users, engage other users on professional matters, register as a potential freelancer (“Freelancer”) or potential Freelance user (“Freelance User”), offer services amongst each other (“User Services”) build their unique Website profiles exhibiting their traits using a range of tools made available via the Website (“Profile”), and then use the Website to facilitate an employment or professional relationship between the parties (collectively, the CoffeeChat “Services”).1.2. Users of the Services can either be natural persons or corporate entities.1.3. Depending on the exact Services used on the Website, users may need to pay a fee to CoffeeChat, which fee shall be determined as per these Terms and Website-provided information, and explained to a user before incurring any fee.1.4. These Terms explain the conditions applicable to all users, Freelancers, Freelance Users and User Service providers using the Website and/or the Services.1.5. In order to use many of the Services and/or become a Freelancer, Freelance User or User Service provider, users, whether a natural person or a corporate entity, must register on the Website using the prompted methods, and submit any required information to create a Profile.1.6. The Website and these Terms are subject to change without notice. These Terms are updated or amended from time to time and will be effective upon CoffeeChat uploading the amended Terms to the Website. Your continued access or use of the Website constitutes your acceptance to be bound by the Terms, as amended. It is your responsibility to read these Terms periodically to ensure you are aware of any changes.1.7. Supplemental terms may apply to certain Services, such as policies for a particular activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in aliition to, and shall be deemed incorporated into the Terms for the purpose of the Services.1.8. Unauthorised use of the Website or a breach of these Terms by a user may give rise to a claim for damages and/or be a criminal offence.
2. RELATIONSHIP BETWEEN THE PARTIES2.1. COFFEECHAT PROVIDES SOFTWARE SERVICES AND IS NOT AN EMPLOYER, LABOUR BROKER NOR EMPLOYMENT OR OTHER ADVISER. ALL TOOLS PROVIDED ON THE WEBSITE OR AS PART OF THE SERVICES ARE FOR INFORMATION PURPOSES ONLY, WHERE ANY FORMAL ENGAGEMENT BETWEEN USERS FACILITATED BY THE WEBSITE IS BETWEEN THEM PRIVATELY, AND FOR WHICH COFFEECHAT HOLDS NO RESPONSIBILITY.2.2. The Website acts solely as an online directory, online tool provider and information service intended to facilitate the matching of users in order for them to privately form a professional, service or employment relationship. As such, CoffeeChat does not have an employment, agent or broker relationship with any Freelance User, Freelancer, User Service provider or user. Your use of the Website or the Services, as well of any User Services, is entirely at your own risk.2.3. If a Freelancer is engaged by a Freelance User in a formal service relationship subsequent to their use of the Website, these parties do so entirely at their own risk and via private arrangement, where CoffeeChat is in no way connected at all. The same applies for any User Services provided between users, where same private users using such User Services must conclude a services level agreement (“SLA”) between them, with the SLA either provided by the users themselves or as provided by CoffeeChat, as applicable and available.
- 2.3.1. Should you require an SLA from CoffeeChat to conclude between users for User Services, please contact [email protected].
- 2.3.2. Should you make use of the sample SLA provided by CoffeeChat, users understand and agree that the parties do so entirely at their own risk and using their own expertise and volition when doing so, where CoffeeChat will in no way be liable for any obligations or consequences attracted by the parties by using same sample SLA.2.4. Although Coffeechat carefully curates profiles prior to being placed on the Website and/or on related social media or other internet-based platforms, Coffeechat is not responsible for the, safety, usability, title, non-infringement, merchantability, or fitness for a particular purpose for any product or service obtained or requested using the Website and/or Services or standard of any information advertised or displayed on any Profile, or derived from any tool used on the Website or its affiliated platforms.2.5. Users understand that they or other users may be from jurisdictions which may require regulation of the information and/or actions provided by users via the Website. CoffeeChat does not in any way verify nor confirm the adherence by same users with any such laws to which they are subject. It is therefore vital for each user to understand and be aware that they are fully responsible for any legal obligations resting on them in either providing or accepting the services or information from any such regulated user.2.6. Users understand that CoffeeChat’s provision of its “badge”, past history, ratings and/or reviews systems relating to users is only for the general purposes of preliminary screening and public guidance, where any user using same systems must conduct their own additional screening where of users required, and not rely on CoffeeChat’s general information only.
3. USER REGISTRATION PROCESS3.1. In order to become a user of many Services, or a Freelancer, Freelance User or User Service provider on the Website and make use of it or the Services, you must complete the necessary registration process detailed on the Website and acquire a Profile. Each user shall have only one (1) Profile and agrees to provide accurate, current and complete information during the registration process and to update such information as and when it changes.3.2. Users who are corporate entities can also use the Services and/or Website to offer their own business development services where our applicable software will create an official partner log-in and Profile for such an entity. This corporate Profile needs to be managed by the registering entity official representative and allows the entity to associate itself with individual user accounts who will work on their entity’s behalf and be branded under their enterprise.3.3 CoffeeChat requires you to submit your full name, e-mail address, date of birth, country of nationality, phone number and other basic information when registering a Profile. Freelancers may then setup aliitional features of their Profile, including aliing a curriculum vitae, their User Service fees, fields of expertise, or other career or skills information, which setup may require further information to be submitted, as prompted by the Website.3.4. To protect your privacy and security, the Website takes reasonable steps to verify your identity both directly and via third-party services through pictures of your passport, pictures and/or videos of yourself, and clearance across a variety of internation watch lists, amoung other KYC processes required by financial institutions and other partners. in order to grant access to your Profile and data. To view or change your personal information provided, you can visit your personal dashboard and profile page.3.5. By entering your personal information on the Website, you warrant that the person using the Website is you and/or you have the legal authority to act on behalf of a corporate entity. You are responsible for your Profile and all actions perpetrated therewith and thereon, and you should not share your log-in details or password with anyone.3.6. By submitting your personal information to the Website for its use in a Profile, you consent to CoffeeChat using this information to facilitate a connection between you and another user. This may include exporting a data file with your public profile information to an enterprise during their consultant selection and shortlisting process.3.7. If you are below the age of 18, you warrant that all of your use of the CoffeeChat platform is with the permission, supervision and responsibility of your guardian or parent. You further warrant that any resulting virtual or in person interactions between you and other users will also be supervised by your guardian or parent at their discretion. Any payments made or sponsorships received under your account will be valid and enforced.3.8. Please see CoffeeChat’s Privacy Policy regarding more details on how CoffeeChat uses and processes your personal information.
4. THE COFFEECHAT AND USER SERVICES – PROFILES AND FEES4.1. Users must register a Profile using the relevant tools on the Website, to access the Services.4.2. Once registered, the user is allocated a unique Profile which is under their control and which can be manipulated by the relevant Profile owner using the various tools made available on the Website. Some of the features of the Website used by a user may automatically make adjustments or manipulate a Profile in accordance with the tool’s functions.4.3. Users cannot freely remove ratings and reviews on the Website, but can report or appeal to CoffeeChat regarding unfair or inappropriate comments.4.4 Fees owed between users:
- 4.4.1. As part of the Services, users can advertise and make their own private services available to other users (the User Services), where in some circumstances, users will need to pay a fee to the other user in consideration (“User Fee”).
- 4.4.2. A User Fee for services rendered by that user to another user is distinct from any fee owed to CoffeeChat.
- 4.4.3. All User Fees are paid between users via the CoffeeChat payment gateway, where CoffeeChat is only operating as a limited payment collection agent for the users. Notwithstanding this facilitation by CoffeeChat, any payment of a User Fee made between private users via the Website is to be considered a direct payment between the private users. CoffeeChat is in no way involved in the private transaction between users, and as such, the provider of the User Services is considered the seller of the services, and the purchaser of the User Services is considered the buyer, which parties have their own legal obligations as per their specific role in their private transaction.
- 4.4.4. CoffeeChat will in no way be liable for any consequences arising out of a user’s use of a payment gateway facilitated via the Website, where users indemnify CoffeeChat against any and all losses or consequences arising out of their use of same payment services (such as payment delays, exchange rate fluctuations, loss of interest, or otherwise). Please be aware that when using same payment gateway, such gateway provider may have their own applicable terms and conditions of use, to which you understand and agree to be subject.
- 4.4.5 Unless otherwise noted, prices will be quoted in United States Dollar and a standard invoice will be provided by CoffeeChat on behalf of the Freelancer.
- 4.4.6. Should a User seek to cancel a payment or seek partial refund, they must report the issue and reason through an on-site reporting feature or directly via email to [email protected] within 48 hours of the cause arising. A refund of up to 100% of the User Fee (but never the Success Fee) may be issued following a review by CoffeeChat of the disputed service agreement. Once the User has provided a review and rating, there will be no possibility of a refund.
- 4.4.7. Freelancers must provide their bank account details to CoffeeChat and payment gatewway in order for payments to be made, only after the User has confirmed that the service agreement component(s) have been delivered.
4.5. Fees owed to CoffeeChat:
- 4.5.1. Many of the Services are free to use on the Website, but the use of some of the Services requires the payment of a fee to CoffeeChat as a commission for providing its platform and the Services.
- 4.5.2. User must pay a fee to CoffeeChat when requesting a paid service from a Freelancer (“Success Fee”). The following details the Success Fee payable by User, and the various considerations which might affect the Success Fee amount to be paid:
- 4.5.2.1 an amount of 20% (unless otherwise noted) of the User Fee plus VAT (where applicable) shall become payable by User to CoffeeChat upon completion of User Service Level Agreement e-contract;4.6. CoffeeChat will invoice the user every time such a Success Fee is acquired by CoffeeChat, where same invoice will be sent to that relevant user’s provided email address.4.7. For further information on the current Services available generally or applicable to you, please contact [email protected] who will gladly assist.4.8. To terminate your use of the Services or the Website, please see clause 16 below.4.9. CoffeeChat may, from time to time, provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the fees applied to you.
5. PAYMENT BY USERS FOR COFFEECHAT SERVICES AND USER SERVICES5.1. In return for providing the CoffeeChat Services to the User, the User will pay the Success Fee to CoffeeChat as fair and due consideration.5.2 All amounts stated shall attract Value Alied Tax (“VAT”), but will be exclusive of any other applicable taxes/fees, unless otherwise stated and required by law.5.3 Any CoffeeChat Success Fee/s levied by CoffeeChat from the User are final and non-refundable, unless otherwise determined by CoffeeChat in accordance with relevant applicable legislation.5.4 All payments of Success Fees, User Fees or otherwise to CoffeeChat are processed through our authorized third-party payment gateway provider, “DPO” (3G Direct Pay Limited).
- 5.4.1. CoffeeChat is committed to providing secure online payment facilities. All transactions, as processed by CoffeeChat’s licenced providers, are encrypted using secure socket layer technology (SSL) and stored with encryption.
- 5.4.2. DPO is incorporated and registered in Ireland, whose registered office is at 3rd Floor, Ulysses House Foley street, Dublin 1, Ireland.
- 5.4.3. You agree and understand that when using the services of DPO, you will be subject to their own terms and conditions, which you agree to be bound by.5.5. CoffeeChat reserves the right to establish, remove and/or revise any fees or Success Fee for any or all services obtained through the use of the Services at any time in CoffeeChat’s sole discretion. CoffeeChat will use reasonable efforts to inform you of all charges or fees that may apply to you, provided that you will be responsible for the payment of all fees, charges or Success Fee properly incurred under your Profile.5.6. You may contact CoffeeChat via email at [email protected] to obtain a full record of your statement with CoffeeChat. In addition, your user dashboard will allow you to view and download your historical invoices and payments on the Website.5.7 Non-Solicitation of Freelancers and/or Freelance Users: Unless there has been prior agreement in writing between the parties before joining the CoffeeChat platform, the Freelance User and Freelancer agree that it will not directly contact or attempt to contract each other or in any way attempt to circumvent CoffeeChat by procuring any item or service in respect of the Services directly from any Freelancers. The Freelance User understands that any breach of this provision or any attempt to contract any of the CoffeeChat’s Freelancers directly will cause financial damage to the CoffeeChat, which will be recoverable by way of a claim for damages against CoffeeChat.
6. USER RESPONSIBILITIES AND WARRANTIES6.1. By using the Website and/or the Services, you warrant that:
- 6.1.1. you have read and agreed to these Terms and will use the Website in accordance with them;
- 6.1.2. you have not made any misrepresentations and the information provided in the registration process is true, accurate and complete;
- 6.1.3. your use of the Services and/or your actions or contributions facilitated via the Website are all within your legal right to do so as per any applicable country’s legislation to which you are required to adhere to (such as providing advice which could constitute regulated “financial advice” under your country’s laws to which you are subject), and indemnify CoffeeChat from any liability accrued by virtue of your use of the Website and/or Services and/or actions perpetrated thereon;
- 6.1.4. you will timeously pay any due fees to either or both CoffeeChat and/or another user when required to do so under these Terms;
- 6.1.5. you are the age of majority in your country of residence and/or possess the legal authority and capacity to act on your own and/or on behalf of your employer organisation, and lawfully possess and submit all information to the Website for the use of it or the Services;
- 6.1.6. you will not post, upload, replicate or transmit any abusive content on the Website that is or could reasonably be considered, in CoffeeChat’s sole discretion, to be threatening, harassing, inappropriate, defamatory, abusive, racist, sexist, discriminatory, in breach of confidence, in breach of privacy or restrict any user in any way from properly using the Website;
- 6.1.7. 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 Website 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 Website or the underlying software code;
- 6.1.8. you will be liable, to whichever relevant authority, to pay any tax or duty or VAT associated with your receipt of any fees from another user, as is required by the system of law to which you are subject, where CoffeeChat is not liable at all for such payment of any such tax, duty or VAT on your behalf;
- 6.1.9. you will not infringe any third party or the Website’s intellectual property or other rights or transmit content that the user does not own or does not have the right to publish or distribute;
- 6.1.10. you will not use the Website platform for any commercial purpose other than as expressly provided for by CoffeeChat and the Terms;
- 6.1.11. you will not use the Website to breach any applicable law or regulation or perform or encourage any illegal activity including (without limitation) promoting or facilitating access to, use of or sale of illegal substances, services, information or devices; and/or
- 6.1.12. facilitate or assist any third party to do any of the above.6.2. The Website is only available on compatible devices connected to the internet. It is your responsibility to obtain these devices and any data network access necessary to utilise the Website. The network’s data and messaging rates and fees may apply if you use the Website and you shall be responsible for such rates and fees.6.3. Without prejudice to any of CoffeeChat’s other rights (whether at law or otherwise), CoffeeChat reserves the right to deny you access to the Website or the Services where CoffeeChat believes (in its reasonable discretion) that you are in breach of any of these Terms.6.4. CoffeeChat does not guarantee that the Website, or any portion thereof, will function on any particular hardware or device.
7. RECEIPT AND TRANSMISSION OF DATA MESSAGES7.1. Data messages, including e-mail messages, sent by you to CoffeeChat will be considered to be received only when acknowledged or responded to.7.2. Data messages sent by CoffeeChat to you will be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.7.3. CoffeeChat reserves the right not to respond to any e-mail or other data message which contains obscene, threatening, defamatory or otherwise illegal, unlawful or inappropriate content, and to take appropriate action against the sender of such e-mail or data message where necessary.7.4. Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost or corrupted. CoffeeChat is therefore not responsible for the accuracy or safety of any message sent by email or automated systems over the internet, whether between CoffeeChat and a user, or between users.
** 8. HYPERLINKS, DEEP LINKS, FRAMING**8.1. The Website may include links to other internet sites ("the other sites"). CoffeeChat does not own or endorse the other sites and is not responsible for the information, material, products or services contained on or accessible through the other sites. Any such hyperlinks do not imply any endorsement, agreement on or support of the content or products of such target sites. The Website may also include links or preview-images posted in private message chats between users, by a user themselves, for which the relevant user is responsible, and not CoffeeChat.8.2. CoffeeChat does not purport to own the content on other sites which may be shown on the Website. Should the owner of any content showcased on the Website want the content to be removed, please write to [email protected] to request the removal of such content.8.3. The user’s access and use of the other sites remain solely at the user’s own risk and on the terms set by the relevant third party.
9. ADVERTISING AND SPONSORSHIP9.1. The Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in the Website complies with all applicable laws and regulations.9.2. CoffeeChat, its members, employees, suppliers, partners, affiliates and agents accordingly exclude, to the maximum extent permitted in law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.
10. INTELLECTUAL PROPERTY PROTECTION10.1. All material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, user reviews, user-generated ratings, Website-generated ratings, trade-marks, designs, copyright and/or service marks (as well as the organisation and layout of the Website) together with the underlying software code and everything submitted by a user to the Website and CoffeeChat in use of the Services, (“the intellectual property”) are owned (or co-owned or licenced, as the case may be) by CoffeeChat, its members, associates and/or partners, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties.10.2 Subject to the rights afforded to you in these Terms, all other rights to all intellectual property on the Website 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 on the Website or the underlying software code whether in whole or in part, without the written consent of CoffeeChat first being granted, which consent may be refused at the discretion of CoffeeChat. No modification of any intellectual property or editorial content or graphics is permitted.10.3. CoffeeChat reserves the right to make improvements or changes to the intellectual property, information, artwork, graphics and other materials on the Website, including that of a user in their Profile, or to suspend or terminate the Website, at any time without notice; provided that any transactions already concluded through the Website resulting in a Success Fee, or any other fees, will not be affected by such suspension or termination (as the case may be).10.4. Where any of the Website intellectual property has been licensed to CoffeeChat or belongs to any third party, other than that which has been submitted by a user to the Website in the use of the Services, 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.10.5. Subject to adherence to the Terms, CoffeeChat grants to users a personal, non-exclusive, non-assignable and non-transferable license to use and display all content and information contained in the Website on any machine which the user is the primary user. However, nothing contained on the Website should be construed as granting any licence or right to use any intellectual property without the prior written permission of CoffeeChat.10.6. Any enquiries regarding any of the above relating to intellectual property must be directed to CoffeeChat at [email protected]
11. PRIVACY AND PERSONAL INFORMATION POLICY11.1 CoffeeChat adheres to the highest standards of protecting your personal information when using the Website or conducting a transaction. As such, we have created these specific and detailed Privacy Policy terms for you to read and appreciate exactly how we safeguard your personal information and respect your privacy, to the highest standards. For more information regarding your personal information lawfully stored or used by the Website or CoffeeChat, please contact [email protected] who will glaoly assist.11.2 Should you decide to register with or function as a user on the Website and/or use any CoffeeChat Services, you thereby expressly consent to, and opt-in to CoffeeChat collecting, collating, processing, and using the following types of information about you when you use the Website (“personal information”):- 11.2.1. Information provided by the user. CoffeeChat collects personal information (that is information about the user that is personally identifiable like the user’s name, address, age, gender, email address, phone number(s) and other unique information such as user IDs and passwords, banking/accounting/payment gateway account information, service preferences and contact preferences that are not otherwise publicly available); and
- 11.2.2. Information that is collected automatically. CoffeeChat receives and stores information which is transmitted automatically from the user’s computer when the user browses the internet. This information includes information from cookies (which are described in clause 11.14 below), the user’s Internet Protocol (“IP”) address, browser type, web beacons, geo-locationary information, embelied web links, and other commonly used information-gathering tools. These tools collect certain standard information that your browser sends to the Website such as your browser type and language, access times, and the address from which you arrived at the Website.11.3. Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update it. CoffeeChat is however under no obligation to ensure that your personal information or other information supplied by you is correct.11.4 You warrant that the personal information disclosed to CoffeeChat is directly from you as the user on the Website or in connection to the services, and all such personal information is lawfully yours to provide.11.5 You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and, generally, not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.11.6 Any processing of your personal information will be reserveoly for our legitimate business purposes and as a necessary function of your engagement with the Website and/or Services, and you have consented to this, but we will not, without your express consent:- 11.6.1. use your personal information for any purpose other than as set out below:
- 11.6.1.1. in relation to the provision to you of the Services and/or access to the Website;
- 11.6.1.2. to contact you regarding current or new services or any other product offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us, possible through that same correspondence to you);
- 11.6.1.3. to inform you of new features, special offers and promotional competitions offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us, possible through that same correspondence to you); and
- 11.6.1.4. to improve our product selection and your experience on our Website by, for example, monitoring your browsing habits, or tracking your activities on the Website; or
- 11.6.2. disclose your personal information to any third party other than as set out below:
- 11.6.2.1. to our employees and/or third-party service providers who assist us to interact with you via our Website, email or any other method, for your use of the Services, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;
- 11.6.2.2. to other users who are using the Services and who need your information in order to use the Services themselves;
- 11.6.2.3. to our third-party email and communication service providers to provide you with correspondence relating to your use of the Website and/or Services;
- 11.6.2.4. to our divisions and/or partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us, possible through that same correspondence to you);
- 11.6.2.5. to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity or the contravention of an applicable law, or to investigate violations of these Terms and/or the Website’s other policies; and
- 11.6.2.6. to our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services etc). However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us, not for their own benefit and under the same standards as how we operate.11.7. We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property. In the event of a fraudulent online payment, CoffeeChat is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.11.8. We will ensure that all of our employees, third party service providers, divisions and partners (including their employees and third-party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations and process your personal information at standards equal to or higher than CoffeeChat’s in relation to your personal information.11.9. We will:- 11.9.1. treat your personal information as strictly confidential, save where we are entitled to share it as set out in these Terms;
- 11.9.2. take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
- 11.9.3. provide you with reasonable access to your personal information to view and/or update personal details;
- 11.9.4. Promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
- 11.9.5. Provide you with reasonable evidence of our compliance with our obligations under these Terms on reasonable notice and request; and
- 11.9.6. Upon your request, promptly correct, return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged or entitled to retain (acknowledging that some Website and/or Service functionality might be lost if certain personal information is amended or destroyed).11.10. We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period. In some circumstances, other applicable national laws require us to retain your data beyond your request for its deletion, or beyond your direct engagement with CoffeeChat. As such, we may retain your personal data in adherence with compulsory instructions from other applicable national laws, notwithstanding your application to have it deleted or amended.11.11. CoffeeChat undertakes never to sell or make your personal information available to any third party other than as provided for in these Terms.11.12. Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence or fraud.11.13. If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than CoffeeChat, CoffeeChat shall not be liable for any loss or damage, howsoever arising, suffered by you as a result of the disclosure of such information to the third party, including another user. This is because we do not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.11.14. This Website 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 website can use (and which we may use) to recognise repeat users, facilitate the user’s on-going access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website 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 through the use of 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 Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website 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 these Terms and the Website’s other policies.11.15 The user is entitled to request access to any relevant personal data held by CoffeeChat and where such access is necessary for you to exercise and/or protect any of the user’s rights. For any personal data held by any third party, the user must approach that third party for the realisation of the user’s personal data rights with them, and not with CoffeeChat.11.16. Users with citizenships from jurisdictions other than of South Africa and Mauritius, please note that CoffeeChat complies with all South African and Mauritian data protection laws when processing your personal information pursuant to the Services. Should foreign law be applicable in any regard to your use of the Services and/or the Website in any way, including how we may process your personal information, please contact CoffeeChat at [email protected] to engage you on its application and your rights.- 11.16.1. For Data Subjects in the EU:
- 11.16.1.1. We have appointed GDPR-Rep.eu as representative according to Article 27 of the EU’s General Data Protection Regulation (“GDPR”). If you want to make use of your GDPR data privacy rights, please visit: https://gdpr-rep.eu/q/12479722.
- 11.16.1.2. Coffee Chat Africa is a company located outside of the European Union (“EU”). In order to comply with Article 27 of the GDPR, GDPR-Rep.eu has been nominated as our representative in the EU. If you want to make use of your data privacy rights, please visit our public Privacy dashboard.
- 11.16.1.3. To contact our GDPR representative, please contact GDPR-Rep.eu using the following details, and with the following information: GDPR-Rep.eu, Maetzler Rechtsanwalts GmbH & Co KG, Attorneys at Law, c/o Coffee Chat Africa, Schellinggasse 3/10, 1010, Vienna, Austria. Please add the following subject to all correspondence: GDPR-REP ID: 1247972211.17. Users acknowledge that any content provided by users on the Website, including via a messaging system, enters an open, public forum, and is not confidential, where the author of which will be liable for that content, and not CoffeeChat.11.18. Users understand that there are risks involved in sharing personal information. By disclosing personal information such as the user’s name and email address, users acknowledge and understand that this information may be collected and used by a third party to communicate with you.11.19 By accepting these Terms, you have opted in to receive emails from CoffeeChat, where your email address will be used to contact you from time to time and may also use it for security reasons to confirm your identity.11.20. CoffeeChat agrees not to use the users’ provided email address in any manner that users do not consent to nor alert any other parties of the users’ address without the user’s consent.11.21. You have the right to opt out of receiving email communication by following the directions posted on every email communication.11.22. CoffeeChat may use the information collected automatically, such as the user’s IP address and information stored via cookies, to gather statistics about the number of people who visit the Website and to customise the Website’s content, layout and services.11.23. CoffeeChat will disclose the user’s personally identifiable information if it reasonably believes that it is required to do so by law, regulation or other government authority or to protect the rights and property of CoffeeChat, its affiliates or the public. CoffeeChat may also co-operate with law enforcement in any official investigation and may disclose the user’s personally identifiable information to the relevant agency or authority in doing so.11.24. CoffeeChat reserves the right to transfer your personal information in the event of a transfer of ownership, such as acquisition by, or merger with, another entity. If any acquiring entity should plan to materially change the Terms, CoffeeChat will notify you beforehand.11.25. Circumstances may arise where, whether for strategic or other business reasons, CoffeeChat decides to sell, buy, merge or otherwise reorganize its business. Such a transaction may involve the disclosure of personal information to prospective or actual purchasers, or the receipt of it from sellers. It is CoffeeChat’s practice to seek reasonable protection for information in these types of transactions and notify you prior to any disclosure of personal information. Such disclosure will also be subject to these Privacy terms.11.26. CoffeeChat strives to keep the user’s personal information accurately recorded. CoffeeChat provides a user with the reasonable ability to review and correct it or ask for anonymization, blockage, or deletion, as applicable. Please contact [email protected] to engage CoffeeChat on such actions or requests.11.27. We also collect, use and share aggregated data or de-identified data such as statistical or demographic data for any purpose. Such de-identified or aggregated data may be derived from your personal data but is not considered personal data 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 Website feature. However, if we combine or connect aggregated data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Policy.11.28. The user is entitled to request access to any relevant personal data held by CoffeeChat and where such access is necessary for you to exercise and/or protect any of the user’s rights.11.29. Users may request CoffeeChat to review the personal information which it holds and may request for CoffeeChat to delete such information. The deletion of any information may result in certain Website services being unavailable.