Legal

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MASA is an Association comprising of Marketers, and also those with a keen interest in Marketing.

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Terms & Conditions

 

THE MARKETING ASSOCIATION OF SOUTH AFRICA NPC WEBSITE TERMS AND CONDITIONS

1. DEFINITIONS

1.1. “ECTA” refers to Electronic Communications and Transactions Act 25 of 2002 as amended.

1.2. “Copyright Act” refers to Copyright Act no 98 of 1978, as amended.

1.3. “MASA” refers to the Marketing Association of South Africa, a non-profit organization duly registered in South Africa with registration number 2006/011537/08.

1.4. “User” refers to any person who uses the website.

1.5. “Person” refers to both natural and juristic persons.

1.6. “Personal Information” is defined in accordance with the POPI Act.

1.7. “POPI Act” refers to the Protection of Personal Information Act 4 of 2003.

1.8. “Trade Marks Act” refers to Trade Marks Act 194 of 1993.

1.9. “Website” means the MASA website located at www.marketingsa.co.za

2. GENERAL TERMS

2.1. These are the terms and conditions that shall govern the MASA website. In terms of section 11 of ECTA these terms and conditions are enforceable against all persons that access the website. The user’s use of the website shall be considered and deemed an acceptance of the terms and conditions. If the user does not accept the terms and conditions, the user is required to reject the terms and conditions and immediately leave the website and terminate the use of the website.

2.2. These terms and conditions may be updated from time to time. Any material and significant updates shall be communicated to the user. Thereafter the continued use of the website shall be regarded as acceptance of the updated terms and conditions.

2.3. The rule of construction that in the event of ambiguity a contract shall be interpreted against the Party responsible for its drafting or preparation of this Agreement, shall not apply in the interpretation of this Agreement.

2.4. The laws of the Republic of South Africa shall govern these terms and conditions.

2.5. The user is advised to engage with other policies that run concurrently with these terms and conditions.

3. LEGAL RIGHTS AND ENTITLEMENTS

3.1. Unless otherwise stated, MASA owns the intellectual property rights of the website and the material on the website. All of MASA’s intellectual property is reserved.

3.2. Copyright and other notices in relation to the website is protected by copyright, trademark and other intellectual property rights. The user may use the website and display, download on any single computer, or print a single copy of any material for their personal or professional use provided that the user does not further copy or modify the page including, without limitation, by removal of any notices. The user may not otherwise reproduce, copy, distribute or use any material on the website for commercial gain. Permanent copying and/or storage of material or reproduction or incorporation of any part of it in any other work in whatever media is prohibited. MASA rights are exercisable in terms of the Trade Mark Act and Copyright Act.

4. SECURITY

4.1. All reasonable steps shall be taken to secure the content of the website, which includes the personal information that may be gathered. This however is not a warranty or representation that the security is 100% fail proof.

5. LIABILITY

5.1. MASA shall not be held liable for any damage whatsoever that may arise from the use of the website or the information that appears on it. Furthermore MASA shall not be held liable for any damages arising from the use or inability to access or use the website or any content from any third party or any information contained in the website or any action or decision taken pursuant to the use of the website or use of the information from the website.

6. WARRANTY

6.1. The use of the website is at the user’s own risk. This website is provided on an As Is and As Available basis. The website has no warranties of any kind, whether express or implied.

MASA has taken all reasonable steps to ensure the integrity of the website and no warranty is given that any material downloaded from the website is free of viruses, bugs, or the like that may have the ability to corrupt the operation of the users device.

7. THIRD PARTY SITES

7.1. Any links to third-party websites are provided for convenience only and do not represent endorsement, sponsorship, or approval of those third parties, any products and services offered by third parties, or as to the accuracy or concurrence, of the information included in third party websites. Unless otherwise stated there is no relationship between MASA and the third party outside of the provision of a link. MASA does not act in partnership with nor as agent for or on behalf of the third party to whom we provide links.

8. POLICY APPROVAL

8.1. The Board has approved this policy on 14 October 2021, and it will be reviewed periodically.

Email Disclaimer

 

THE MARKETING ASSOCIATION OF SOUTH AFRICA NPC E-MAIL DISCLAIMER / CONFIDENTIALITY NOTICE

The information contained in this e-mail and any attachment(s) hereto is private & confidential and is legally privileged.

This e-mail is intended solely for the use of the intended recipient(s). If you are not the intended recipient(s), any unauthorised disclosure, use, dissemination, storage or copying of this e-mail and any attachment(s) is strictly prohibited. If you have received this e-mail in error, please notify the sender and delete this e-mail from your device immediately. This e-mail and its contents are for information purposes only and may contain the personal views and opinions of the author, which are not necessarily the views and opinions of The Marketing Association of South Africa NPC (“MASA”). With the exception of lawful company matters, MASA does not accept any responsibility for any material, views or opinions contained in this e-mail. MASA does not accept any liability for any claims, loss or damages of whatsoever nature, resulting directly or indirectly from the access of this e-mail or any attachment(s) hereto. This e-mail is further subject to the provisions of the Protection of Personal Information Act 4 of 2013.

IP Policy

 

THE MARKETING ASSOCIATION OF SOUTH AFRICA NPC INTELLECTUAL PROPERTY POLICY

1. DEFINITION

1.1. “Copyright” refers to Copyright Act No 98 of 1978, as amended.

1.2. “MASA” refers to Marketing Association South Africa NPC

1.3. “Intellectual Property (IP)” includes patents, designs, works of copyright (including software and literary works), trademarks, brands, logos, proprietary information, know-how, trade secrets, databases, goodwill and domain names.

1.4. “Trade Marks Act” refers to the Trade Marks Act NO 194 of 1993.

2. PURPOSE OF INTELLECTUAL PROPERTY

2.1. This policy sets out the MASA’s intellectual property rights, which includes inter alia copyrights and trademarks that is legally recognized and therefore legally protected. It further sets out MASA’s approach to ensuring its legal entitlements are protected and properly used as well as MASA’s approach to the infringement of these rights.

3. TRADE MARKS

3.1. MASA has and shall register trade marks in relation to its business operations in both words and logos, as it deems necessary to protect its IP and business operations.

3.2. The unauthorized use of MASA trademarks will amount to an infringement. If an infringement occurs, MASA reserves its right to institute civil proceedings in terms of the Trade Marks Act and claim damages. Unauthorized use of MASA trademarks is actionable under common law.

3.3. MASA has and shall have several logos registered in its name and the use of the logos and diagrams by any third party without MASA written agreement is prohibited

3.4. The list of currently registered trademarks as listed from time to time as well the various adaptations owned by MASA may not be used or included in a domain name, nor may they be included or used in email addressed of any third party. All requests for the use of MASA trademarks are required to be sent to MASA.

4. COPYRIGHT

4.1. In terms of the Copyright Act No 98 of 1978, MASA’s ownership, rights and title are protected. The following are examples of material that MASA’s copyright entitlement:

4.1.1. All presentations and slides created and used by MASA for all purposes

4.1.2. All general guidance notes, articles, reports, surveys and guides issued, to the extent that such documents provide for copyright protection; and

4.1.3. All papers published under MASA.

5. LEGAL RIGHTS

5.1. Infringement of MASA’s copyright and trade marks as an egregious conduct and will be taken in a serious light.

5.2. In an event a person, natural or juristic, is uncertain about this Intellectual Property policy regarding using or referencing copyright or trade mark correctly, they are requested to contact MASA’s Information Officer at info@marketingsa.co.za for clarity on the permitted use.

6. ONGOING MONITORING

6.1. MASA through the Management of the organization, is continuously monitoring its intellectual property protection within the organization and in relation to the usage of the intellectual property by all the MASA stakeholders.

7. POLICY APPROVAL

7.1. The Board has approved this policy on 14 October 2021, and it will be reviewed periodically.

Privacy Policy

THE MARKETING ASSOCIATION OF SOUTH AFRICA NPC PRIVACY POLICY

1. DEFINITIONS

1.1. “ECTA” – refers to the Electronic Communications and Transactions Act 25 of 2002

1.2. “MASA” – refers to the Marketing Association of South Africa, a non-profit organization duly registered in South Africa with registration number 2006/011537/08.

1.3. “PAIA” refers to the Promotion of Access to Information Act no 2 of 2000.

1.4. “Personal Information” – defined in accordance with section 1 of the POPI Act.

1.5. “POPI Act” – refers to the Protection of Personal Information Act 4 of 2013 as amended

1.6. “User” – refers to the person using the website

1.7. “Website” – refers to the site www.maketingsa.co.za

2. PRIVACY POLICY

2.1. This Privacy Policy is aligned with the requirements set out in the POPI Act, which requires us to protect the integrity and confidentiality of the information that has come into our possession therefore we endeavor to provide technical and organizational measures to ensure this. Furthermore, MASA undertakes to comply with the provisions of PAIA (see PAIA document). While we endeavour to protect the integrity and confidentiality of the information, MASA shall not be held liable in the event that private information is stolen, hacked or otherwise obtained due to circumstances beyond the control of MASA.

3. PURPOSE OF A PRIVACY POLICY

3.1. The purpose of the privacy policy is to inform the user of the personal information that may be gathered, how the information may be used and the protection utilized.

4. PERSONAL INFORMATION COLLECTED

4.1. MASA collects general personal information that is used to carry out services, this includes the personal information of Individual and Corporate members, Designated Marketers and Non-Designated Marketers.

4.2. The user’s personal information is primarily obtained through online forms available on the website, email communications, hard copy forms that are submitted to MASA and on occasion telephonically under specific circumstances with express consent from the user. In instances where Corporate clients require services, the Corporate client representative provide personnel information. It is the responsibility of the Corporate client to ensure that it has the necessary consent to share such information.

4.3. Furthermore, MASA may collect personal information using the following methods.

        4.3.1. Cookies
Cookies may be saved to the user’s devices. This improves the users experience of the website. (see Cookie Policy).

        4.3.2. Web Traffic Statistics
This is information that is collected without notification to the user. The web traffic process individually identifies information collected. This s may include the IP and host address information of the user. The information
obtained is used for general web traffic statistics and reports. The information obtained is not used to monitor, track or report on the usage of the user unless the user is suspected of illegal or unauthorized usage of any
component the MASA infrastructure.

5. USE OF PERSONAL INFORMATION

5.1. The personal information shall be used only by MASA and its employees in the process of delivering its organizational purpose and services save for when the personal information is shared with a third party to fulfil a MASA obligation or service.

5.2. As part of benefits of a MASA membership, MASA may be required to provide third party service providers with member personal information such as name, membership number and contact details. The personal information that is shared with a third-party service provider will be limited to the information that is required to ensure the MASA member is able to enjoy the benefit they are entitled to or for statistical and historical purposes. Sharing information with a third-party service provider outside the scope provided is prohibited.

5.3. MASA shall not sell, rent nor provide the user’s personal information to an unauthorized entity or to third parties for their independent use without the user’s consent. MASA will release the user’s personal information to a party if it believes that MASA is required by law or by a court or statutory body to do so. Furthermore, MASA will also disclose the user’s personal information if MASA believes that it is necessary to prevent or lessen any unlawful or harmful actions and to protect and defend legitimate business interests, rights, or property of MASA.

6. PURPOSE FOR COLLECTING PERSONAL INFORMATION

6.1. MASA collects personal information for the following purposes:

        6.1.1. To provide the user with the services offered and requested.

        6.1.2. To understand the user’s specific needs and requirements and in order to improve the MASA member benefit, service, and value offering.

        6.1.3. To provide the user with MASA communications in relation to the services that are rendered and to keep the user informed of governance related updates.

        6.1.4. To provide the user with MASA related marketing material as a result of the user’s interaction and use of MASA services.

        6.1.5. For statistical, historical and/or reporting purposes.

        6.1.6. To ensure payment to suppliers for services procured.

        6.1.7. For public health and safety purposes.

6.2. MASA shall ask for the user’s permission in the event that the user’s personal information is used for any purpose that is not mentioned above or unrelated to the operations/services of MASA and its use in the ordinary course of business.

7. CORRECTION OF PERSONAL INFORMATION

7.1. It is your responsibility to ensure that the personal information provided to website is true, correct, and accurate at all times. You may update and correct your personal information at any time either yourself via your online MASA profile, via email communications to MASA (for Members, kindly send an email to info@marketingsa.co.za), telephonically by calling either the membership department or applicable MASA representative in relation to the services being used or rendered to you or through completing and sending Form 2 (Annexure B) in terms of POPI Act to the Information Officer at MASA on info@marketingsa.co.za . MASA does not vet or check the information provided to it, and thus will not be held responsible for any incorrect or outdated information it may and which may be used to provide you with relevant and important communications.

7.2. If you would like your Personal Information to be deleted by MASA, kindly also use Form 2 (Annexure B) and send same to Information Officer at MASA on info@marketingsa.co.za. Deleting your Personal Information may impact the services being used, offered or access thereto.

8. PROTECTION OF PERSONAL INFORMATION

8.1. All personal information collected by MASA obtains from the user is kept secure and confidential to the best extent possible. This includes security protection of the physical devices storing the information and computer-based protection in the form of passwords, encryptions, signed certificates and other means. Access to this personal information is only by authorized personnel of MASA and technicians of its hosting provider. MASA may extend this access with due regard for the safety of and ensuring the integrity and confidentiality of the personal information.

8.2. MASA conducts regular security testing of its servers and ensures that its employees are trained around protection of personal information. Further, all MASA employees, contractors and outsourced IT technicians utilize a system where users are given an access number, username, password and/or personal identification number as a security measure.

8.3. When you use the services or facilities provided by MASA, you may be given an access number, username, password and or personal identification number (“PIN”). As a user, you must always keep this access information secret and ensure that you do not disclose it to anyone. MASA shall not be held responsible for personal information that was accessed as result of the user providing someone with their MASA profile username and password.

8.4. MASA will provide the user with the records of their personal information at their request. As part of a security measure, the information requested will only be sent to the user’s email on file.

8.5. In the event a user objects to their personal information being processed by MASA, the user is required to complete Form 1 (Annexure A) in terms of the POPI Act and send the completed Form 1 to MASA’s Information Officer on info@marketingsa.co.za . Objecting to the processing of the personal information may result in services being stopped, access or implementation issues and/or other service inefficiencies and communications.

8.6. Personal information of the user is stored on site and in the cloud with access only granted to authorized MASA personnel. The personal information will only be retained for so long as necessary to carry out its function, services required and/or for historical and statistical use by MASA. Personal information that is no longer required for purposes of rendering services shall be destroyed and MASA undertakes to ensure that personal information shall not be stored longer than 5 (FIVE) years unless mandated by law and/or historical record purposes. Membership records, Service Agreements, training attendance records, reports or deliverables provided to Corporate clients in terms of specific scope of work and personal information related thereto shall be kept by MASA indefinitely. The purpose behind this is to ensure a continuous and accurate record of user’s membership, training history and reports/advice provided by MASA.

8.7. The user’s personal information may be stored on servers located outside of South Africa due to the ever-evolving structure of MASA’s information management and or IT systems. As a result, MASA undertakes to ensure that service providers used for such cloud servers and/or services are obliged to comply with the highest standards of data protection to ensure the security of your personal information.

9. LINKS ON MASA WEBSITE OR EMAIL COMMUNICATIONS

9.1. MASA is not responsible for the content or the privacy policies of websites of other institutions to which it may link you to – mainly for information purposes and access to documents provided by such institutions. The use of other third-party websites and content is at your sole discretion. This Policy applies solely to information collected by the MASA.

9.2. MASA is not responsible for any representations or information or warranties or contenton any website of any third party (including websites linked to the MASA website). MASAdoes not exercise control over third parties’ privacy policies, and you should refer to theprivacy policy of any third party to see how such party protects your privacy.

10. PERSONAL INFORMATION HELD BY OR DISCLOSED BY YOU TO THIRD PARTIES

10.1 If you disclose any personal information to a third party, such as one of our business partners or anyone other than MASA, you must be aware that MASA does 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. POLICY APPROVAL

11.1 The Board has approved this policy on 14 October 2021, and it will be reviewed periodically.

Download the Privacy Policy Document

Cookie Policy

 

THE MARKETING ASSOCIATION OF SOUTH AFRICA NPC COOKIE POLICY

1. INTRODUCTION

1.1 This Cookie Policy provides information on how cookies are used on this site and other MASA microsites, as well as how to reject or delete those cookies if you wish. Please note that by deleting our cookies or disabling future cookies you may not be able to access certain areas or features of our site.

2. DEFINITION OF COOKIES

2.1. Cookies are text files with small pieces of data that are used to identify the user’s

computer as you use a computer network. Cookies are used to identify specific users

and improve your web browsing experience. Cookies are created when a user’s

browser loads a particular website. The website sends information to the browser

which then creates a text file. Every time the users goes back to the same website, the browser retrieves and sends this file to the website’s server.

3. HOW MASA USES COOKIES

3.1. MASA uses cookies to enable its website users to easily navigate its site and provide the user with basic website features. The use of cookies allows for an improved browsing experience.

3.2. MASA uses the following cookies:

        3.2.1. First Party Cookies – These are domain-specific. They relate to the cookie’s owner, MASA, who has set the cookie. The MASA website will have marketingsa.co.za domain specified in the cookie.

        3.2.2. Session Cookies – The ASP.NET SessionID cookie is related to the Member login cookie. It is used by ASP.NET to create a session cookie that contains the ‘session id’ and is a required cookie for forms where it allows the
        data entered to be processed.

        3.2.3. Third Party Cookies and Microsites – Cookies can be used to track internet activity after the user has left a website. These are normally facilitated by organisations external to the website being visited and are generally
        known as ‘third-party’ cookies, with a lifespan of several months. The cookies are harvested and refreshed whenever the user visits where the same or similar cookie is used. Microsites are collections of web pages created as a
        discrete entity within a larger website. Microsite pages are usually related by content on a similar topic. They often have a different domain name from the parent website and content for microsites may be provided by
        specialist organisations.

        3.2.4. MASA has a set number of cookies that are used to analyse the user’s browsing in order to make improvements and provide useful functions such as storing login details if the user is a MASA member with an online
        profile.

4. GOOGLE ANALYTICS

4.1. We currently use Google Analytics to measure and analyse visitor information related to our website. As a user navigates between web pages, Google Analytics provides website owners JavaScript tags (libraries) to record information about the page a user has seen, for example the URL of the page.

4.2. For that purpose, your IP address, internet traffic data and data on your browser type and PC are collected using several cookies (_utma, _utmc, utmb, utmz):

• _utma is used by Google Analytics to identify first-time site (‘unique’) visitors vs. returning visitors. It expires after two years

• _utmc identifies unique visitors vs. returning visitors but expires when you close your browser.

• _utmb is used for general visitor tracking and expires after 30 minutes.

• _utmz tracks source visits (the origin of the visit). It expires after six months.

4.3. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. For information on how to reject or delete these cookies please visit https://www.google.com/intl/en/privacypolicy.html for more information.

5. COOKIES SET BY A THIRD PARTY

5.1. MASA may embed media from third-party websites, for example, YouTube and as a result, when a user visits these third-party websites, they may be presented with cookies from those websites. MASA does not control third-party sites policy and therefore the user ought to check the relevant website for more information.

6. SHARE TOOLS

6.1. If you share information on this site with friends through social networks e.g. Facebook or Twitter you may be sent cookies from these websites. We do not control these cookies so please check the relevant third-party website for more information.

7. REJECTING COOKIES

7.1. The acceptance of cookies is the default setting for internet browsing therefore the user is required to actively reject the use of cookies by setting their device browser to reject cookies. If this is done it is important not to exclude the benign and useful cookies, but rather reject all third-party and long lifespan cookies.

8. DELETING COOKIES

8.1. A user may elect to delete cookies that are on their device. The user should refer to their file management software to locate the folder or directory that stores cookies.

9. POLICY APPROVAL

9.1. The Board has approved this policy on 14 October 2021, and it will be reviewed periodically.