Silverbridge Holdings Limited

Reg: 1995/006315/06

TERM OF SERVICE AGREEMENT

Please read the following Terms of Service Agreement ("Agreement") carefully before utilising Silverbridge Holdings’ ("Silverbridge") Hubtiger Application ("the Platform"). Use of the Platform indicates that You ("the User") have understood and agree to be bound by the terms and conditions of this Agreement. Silverbridge's Privacy Policy (insert link for Privacy Policy) is incorporated by reference into this Agreement and is subject to this Agreement. Silverbridge may amend this Agreement at any time. All amended terms shall be effective automatically and immediately upon the posting of the revised Agreement and any subsequent activity in relation to the Platform shall be governed by such amended terms and conditions of usage. This Agreement governs Your use of the Platform however accessed, including via an Internet browser, smartphone, tablet, or other mobile device.

Silverbridge does not knowingly market the Platform to anyone under the age of 18. A User under the age of 18 is prohibited from using the Platform without express consent from their parent/guardian.

If You do not agree to the terms of this Agreement, please do not use the Platform. If You wish to register to make use of the Platform, You must read these Terms and indicate Your acceptance during the registration process. Note, however, that these Terms apply to Your access to and use of the Platform regardless of whether You register an account as a User.

This Agreement was last revised on 9 October 2018

You are advised to regularly check the Website www.hubtiger.co.za for any amendments or updates.

Enquiries: info@hubtiger.co.za

1 DEFINITIONS

In this Agreement the following definitions apply:

  1. "Dashboard" means the index page of the control panel to manage the content and navigation of the Platform;
  2. "Platform" means the platform that provides an exchange of information in regard to cycling initiatives and events, product and services of Service Providers and connects and informs the Users. The use of the Platform is for the benefit of the Users and is provided at no commercial cost to the Users.
  3. "Silverbridge" means Silverbridge Holdings Limited with the above registration number which owns the Hubtiger application.
  4. "Service Providers" means any business that offers products and/or services, to the Users on the Platform.
  5. "Terms" means the terms and conditions within the Terms of Service Agreement.
  6. "Website" means the Hubtiger website www.hubtiger.co.za

2 REGISTRATION AND CREATION OF AN ACCOUNT

  1. In order to access and use the Platform, You must sign up as a User and create Your account. Sign-up to the Hubtiger application may be completed by one of the following means:
    1. by creating a unique Hubtiger account;
    2. by entering Your Facebook account details; or
    3. entering Your Strava account details.
  2. "Platform" means the platform that provides an exchange of information in regard to cycling initiatives and events, product and services of Service Providers and connects and informs the Users. The use of the Platform is for the benefit of the Users and is provided at no commercial cost to the Users.
  3. Where You register or log-in to your account by means of Facebook or Strava, You hereby grant consent for Strava to provide registration and other relevant information fields of your account to Silverbridge. Use of such third-party credentials to log You into Your account entails the agreement to the third-party network terms, conditions and policies.
  4. When You create an account with us, You guarantee that the information You provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of Your account
  5. You must keep Your access details confidential and not allow others to use them. Security of the account is Your responsibility. In the event of the security of Your account being compromised, You must notify Silverbridge. Silverbridge reserves the right to suspend the processing of any communications and will immediately deactivate the associated login credentials. You shall refrain from using the Platform until new login credentials have been set.
  6. You hereby indemnify and hold Silverbridge, its directors, employees, agents and representatives, harmless for any and all losses, damages and expenses arising from Your failure to ensure the security of the account, including all legal fees, on an attorney-client scale.
  7. By registering on the Platform, You agree to refrain from:
    1. selecting or using a name, mobile phone number, or e-mail address of another person with the intent to impersonate that person;
    2. using a name, mobile phone number, or e-mail address subject to the rights of any person without their authorisation;
    3. using "bots" or other automated ways to create an account; or
    4. using a name in violation of the intellectual property rights of any person;
  8. Technical support regarding the use of the Platform is only available to registered Users. Registered Users may contact us through email on info@hubtiger.co.za or through calling us on: +27719695343.

3 APPLICABLE RESTRICTIONS FOR ALL USERS

  1. You may not use the Platform for any purpose that is unlawful or prohibited by these Terms of Service, any applicable additional or amended Terms of Service, or any other conditions or notices that are made available on the Platform or Website. Unauthorised use of the Platform may result in Silverbridge instituting a claim for damages against You and/or You may be found guilty of a statutory and/or criminal offence.
  2. By using or accessing the Platform, You agree to refrain from the following conduct:
    1. transmitting any worms, viruses, trojan horses, time bombs, or cancelbots and/or other codes or malware of a destructive nature. This includes not interfering with the operation of any of the tools, scripts, routines or codes of the Platform and/or the services, including by using any software, routine or device that will or may interfere with the tools, services and/or Platform, such as viruses, trojan horses, worms, time bombs, or cancelbots and/or other codes or malware of a destructive nature;
    2. intercepting any data or personal information of any User or third party transmitted on or via the Platform;
    3. using the Platform to perform or promote any act that is unlawful, misleading, malicious, defamatory, or discriminatory;
    4. performing any action that may disable, override or impair the efficient and/or proper operation or working of the Platform;
    5. sharing content, taking or mobilising action by using the Platform in a way that infringes or violates any person’s rights or the laws of any jurisdiction;li>
    6. utilising the Platform for any illegal or unauthorised purposes;
    7. violating any laws in any jurisdiction, including but not limited to any intellectual property laws.
  3. Any act or omission which results in a failure to abide by the restrictions set out, as determined by Silverbridge in its sole discretion, will result in immediate suspension or termination of the account.
  4. You agree to indemnify and hold Silverbridge harmless from and against all losses, expenses, damages and costs arising from Your use or misuse, breach of Your obligations and violation of any rights of a third party under these Terms of Service and for any consequences arising as a result of such breach, including any loss or damages which You or any third party may suffer.
  5. Unauthorised use of the Platform includes engaging personally or permitting a third party to engage in the following activities:
    1. copying, adapting, modifying, publishing, republishing, distributing or redistributing this application or the material on the Platform without Silverbridge’s prior written consent;
    2. using any automated data collection, data mining or data gathering methods of any kind in relation to the Platform;
    3. reverse engineering, disassembling, decompiling, transferring, exchanging or translating the source code of the Platform;
    4. making and distributing copies of the Platform or allowing such activity by third parties on Your behalf
    5. creating derivative works of the Platform of any kind.
  6. Failure to comply with these provisions will result in Your account being deactivated without prior notice. In addition, Silverbridge reserves the right to report any violation of these provisions to applicable legal authorities and You may be personally liable to criminal sanctions applicable to the misconduct in question (fines and/or imprisonment), in addition to any applicable civil damages.

4 PERMITTED USE OF THE SERVICES

  1. The Platform enables Users to log and share information relating to products and services for cycling, the maintenance of their bicycles, cycle routes and safe areas with Service Providers and other users respectively on the Platform. Users can track their bicycle’s service history, usage and ride statistics. In addition, Users can pre-load cycling routes using the map features indicating safe areas and can upload and submit incident reports.
  2. Users utilise the various Dashboards to communicate with Service Providers for products and/or services, service requests, service quotes, updates on the progress of services and to receive various notifications.
  3. Users communicate through the Platform with other Users in order to liaise regarding events, to plan cycle routes or arrange meetings.
  4. All acceptances of service requests, service quotes, invitations, events and/or competitions and any other terms and conditions that apply to such interactions, are solely between You and the User/s you choose to deal with.
  5. Your correspondence and relationship with the User/s found on or through the Platform, and any other terms or conditions that apply to such interactions are solely between You and such User.
  6. You agree that Silverbridge will not be responsible or liable for any loss, cost, damage, or other liability of any sort incurred as the result of any such interactions, or as the result of the presence of such parties on the Platform and You hereby irrevocably waive any claims against Silverbridge arising from or related to your relationship with another User.
  7. You hereby release Silverbridge, its officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from:
    1. any interactions with other Users; or
    2. any usage of one or more of the Hubtiger services; and
    3. any technical issues or any other occurrence that may lead to a delay in assistance.

5 SERVICE PROVIDERS

  1. Service Providers utilise the Platform in order to communicate with the Users to offer products and/or services at a fee in relation to the sport of cycling.
  2. Acceptance of products, service quotes and payment for products and/or services are strictly between the individual User and such Service Provider.
  3. You hereby release Silverbridge from all liability regarding any and all interactions with Service Providers.

6 SAFETY ZONES

  1. Silverbridge provides no warranties regarding the incident reporting function on the Platform. We do not monitor the areas reported for safety and therefore disclaim all liability regarding any reliance on the incident reports.
  2. Incidents are reported by Users as a community and as such, the accuracy and details of these reports are not confirmed by Silverbridge.
  3. You carry all risks for any reliance placed on the use of the reports.

7 RELEASE OF LIABILITY

  1. You hereby acknowledge that participation in the cycling activities carries the potential for property loss and serious injury or illness, including, but not limited to, bodily injury, disease, strains, fractures, partial and/or total paralysis, death or other ailments that could cause serious disability.
  2. The risks and dangers arising may be caused by Your negligence, the owners, , employees, officers or agents of Silverbridge, the negligence of sponsors, component manufacturers, original equipment manufacturers, independent bike dealers, trail associations, individual promoters, event promoters, clubs, cycling clubs, agencies, personal trainers, participants, or other parties, as well as accidents, breaches of contract, the forces of nature, or other causes. Risks and dangers may arise from foreseeable or unforeseeable causes including, but not limited to, those caused by terrain, darkness, altitude, temperature, weather, condition of participants, equipment, inadequate safety equipment, vehicular traffic, actions of other parties, fixed or moving objects, lack of hydration, and such other risks, dangers, and hazards that are integral to cycling activities in an outdoor or recreational environment.
  3. You hereby assume all risks and dangers and all responsibility for any losses and/or damages, whether caused in whole or in part by the negligence or other conduct of the owners, agents, officers, or employees of Silverbridge. You are solely responsible for whether You will or will not wear a helmet or other protective gear or equipment.
  4. You hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify Silverbridge and its owners, agents, officers and employees from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or otherwise which may arise out of Your use of the Platform and services.

8 USER GENERATED CONTENT

  1. The Platform allows you to record, collect, process, post, link, store, share and otherwise make available certain text, graphics, statistics, location data, or other material (“Content”). You are responsible for the Content that you post on or through the Platform, including its legality, reliability, and appropriateness.
  2. You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
  3. You hereby grant a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display it (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology. This grant shall include the right to exploit any proprietary rights in any such material. You also grant us the right to identify You as the author of any of Your postings or submissions, feedback or comments by name or e-mail address as we deem appropriate.

9 PROTECTION OF PERSONAL INFORMATION

Any personal information submitted to the Platform will be dealt with in accordance with our Privacy Policy, the Terms of Service set out herein and South African legislation as it may apply. The collection, use, and disclosure of Your personal information is described in Our Privacy Policy available at https://hubtiger.co.za/privacy-policy/.

10 INTELLECTUAL PROPERTY

  1. All content made available to You though our Platform, including but not limited to text, graphics, logos, button icons, images, audio clips and digital downloads is owned by us or third parties, and is protected by South African and international law. Furthermore, the compilation of all content on the Platform is the exclusive property of Silverbridge and is protected by South African and International copyright laws.
  2. You agree that if You breach the terms of this clause, we will have the right to claim damages against You, which will include the right to claim special, incidental, consequential or indirect damages. Silverbridge will also be allowed to claim for loss of profits and loss of business and will also be allowed to recover all legal costs on a scale as between attorney and own client.
  3. Nothing on the Platform should be regarded as granting any licence or right to use any trademark without Silverbridge’s prior written permission and/or that of the relevant third party.
  4. Although we undertake to ensure the relevant security safeguards, we cannot be held responsible for any consequences that may result from the unlawful breach of copyright or unlawful dissemination of information by third parties copying information from the Platform.
  5. If You believe that there has been an intellectual property breach or are aware of such a breach, please contact us as soon as possible so in order for the breach to be addressed.

11 LIMITATION OF LIABILITY

  1. WHEN PERMITTED BY LAW, SILVERBRIDGE, ITS SUBSIDIARIES, AFFILIATES, DIRECTORS AND EMPLOYEES, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA; FINANCIAL LOSSES; OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
  2. You agree to defend, indemnify and hold Silverbridge, its officers, directors, employees, agents, contractors, and suppliers harmless from and against any claims, damages, actions, losses and liabilities including without limitation: loss of profits; direct, indirect, incidental, special, consequential or punitive damages; and any reasonable legal fees, resulting from:
    1. misuse of the Platform, and/or
    2. violation of any of the Terms;
    3. viruses, bugs, software/program malfunctions, errors, failures, delays in computer transmissions or network connections.
  3. If You are not happy with any portion of this Platform, Your sole and exclusive remedy is to discontinue use.

12 NO WARRANTIES

  1. You expressly agree that use of the Platform is at Your own risk. You understand and agree that any material and/or information uploaded or downloaded or otherwise obtained, through the use of the Platform, is done at Your own risk and discretion. You will be solely responsible for any damage to Your device or loss of data that results from the download of information.
  2. The Platform is provided on an "as is" and "as available" basis. Silverbridge makes no warranty that the Platform will meet Your requirements or that the service will be available and uninterrupted. Silverbridge does not make any warranties as to the results that may be obtained from the use of the Platform or to the accuracy of the information and the reliability of the information obtained through the Platform. Silverbridge does not warrant that defects on the Platform will be corrected.
  3. Silverbridge disclaims all warranties of any kind, whether express, implied, or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular use or purpose, accuracy, and non-infringement.
  4. Silverbridge makes all reasonable efforts to ensure that all material and information provided in relation to the Platform is correct but cannot represent or guarantee the accuracy thereof. As such, Silverbridge and/or its partners, sponsors, affiliates or agents, make no warranties or representations as to the accuracy of the Platform content, information, and materials which are provided to You, as is and as available.

13 DOMICILIUM, JURISDICTION AND ARBITRATION

  1. In the event of any legal dispute or action being brought in connection with this Agreement, it is agreed that the venue of such action shall be in Johannesburg, South Africa and each party hereby consents to the jurisdiction of the courts thereof.
  2. You agree that any dispute regarding this Agreement that cannot be resolved amicably, shall, be referred to confidential arbitration in terms of the rules of the Arbitration Foundation of South Africa and such arbitration shall be conducted in English in Johannesburg.
  3. Silverbridge confirms the domicilium citandi et executandi for all purposes associated with the Hubtiger Application, transactions pertaining to the Platform, including the giving of any notice, the payment of any sum, the serving of any process, as follows:
  4. Silverbridge does not receive legal notice or accept the serving of documents attached to legal processes submitted through the Platform.

14 SEVERABILITY

This Agreement shall apply to the fullest extent permissible by law. If any provision of the Agreement is unlawful, void or unenforceable, that provision shall be deemed severable from the remaining provisions and shall not affect the validity and enforceability of the remaining provisions

15 ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT

The following table contains further information on Silverbridge and represents the information that must be provided by Silverbridge to You in compliance with Section 43 of the Electronic Communications and Transactions Act 25 of 2002 “The Act”. You are advised to regularly check this section of the Terms of Service for any amendments or updates.

Full Name Silverbridge Holdings Limited
Legal Status Public Company
Company Registration Number
Place of Registration Block D, Castle View Corporate Park, Erasmuskloof, Pretoria, 0048
Directors
Physical Address Block D, Castle View Corporate Park, Erasmuskloof, Pretoria, 0048
Postal Address
Physical Address for receipt of legal documents Block D, Castle View Corporate Park, Erasmuskloof, Pretoria, 0048
Telephone Number +27123600100
E-mail address info@hubtiger.co.za
Website Address https://hubtiger.co.za/
Membership to self-regulatory and/or accreditation bodies
Description of products and/or services offered The application enables Users to log and share information relating to products and services for cycling, the maintenance of their bicycles, cycle routes and safe areas with Service Providers and other users respectively on the application.
Full price of products and/or services offered
Manner of payment for products and/or services offered
Manner and period within which consumers can access and maintain a full record of applicable transactions
Alternative Dispute Resolution code to which Silverbridge subscribes
Codes of Conduct to which Silverbridge subscribes
Applicable terms of agreement, including any guarantees
Privacy Policy www.hubtiger.co.za

Silverbridge Holdings Limited

Reg: 1995/006315/06

PRIVACY POLICY

This is our Privacy Policy and it informs You of how we collect and manage Your personal information. We comply with all the Protection of Personal Information Act's requirements in respect of the collection, management and disclosure of Your Personal Information. Use of the Hubtiger Application ("the Platform") indicates that You ("the User") have understood and agree to be bound by the terms and conditions of this Privacy Policy. Silverbridge Holdings ("Silverbridge") may amend this Agreement at any time. All amended terms shall be effective automatically and immediately upon the posting of the revised Agreement and any subsequent activity in relation to the Platform shall be governed by such amended terms and conditions of usage.

Silverbridge does not knowingly market the Platform to anyone under the age of 18. A User under the age of 18 is prohibited from using the Platform without express consent from their parent/guardian.

This Agreement governs Your use of the Platform however accessed, including via an Internet browser, smartphone, tablet, or other mobile device. If You do not agree to the terms of this Privacy Policy, please do not use the Platform.

This Agreement was last revised on 9 October 2018

You are advised to regularly check the Website www.hubtiger.co.za for any amendments or updates.

Enquiries: info@hubtiger.co.za

1 UNDERSTANDING PERSONAL INFORMATION

The term "personal information" has the meaning given to it in the Act. Generally, it is any information that can be used to personally identify You. This may include Your name, surname, address, telephone number, email address and/or occupation. Should the information we collect personally identify You, or You are reasonably identifiable from it, the information will be considered personal information. Your Personal Information will not be shared, sold, rented or disclosed other than as described in this Privacy Policy.

The processing of Personal Information shall include the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation, use; dissemination by means of transmission, distribution or making available in any other form; or merging, linking, as well as blocking, degradation, erasure or destruction of information.

Silverbridge strives to ensure that the conditions set out the Act and all the measures that give effect to such conditions, are complied with when processing Personal Information. Silverbridge strives to ensure that Personal Information and Special Personal Information is processed in a manner that is lawful, adequate, relevant and not excessive given the purpose of collection.

Where You register or log-in to your account by means of Facebook or Strava, You hereby grant consent for Strava to provide registration and other relevant information fields of your account to Silverbridge. Use of such third-party credentials to log You into Your account entails the agreement to the third-party network terms, conditions and policies.

2 PERSONAL INFORMATION COLLECTEDS

  1. The Platform collects and processes information that can be used to identify You personally ("Personal Information") that is necessary to providing, facilitating and maintaining the Hubtiger services.
  2. We collect Personal Information from the following entities:
    1. natural persons over 18;
    2. Users who have signed up to use the Application;
    3. Facebook or Strava for Users who wish to log into the Hubtiger Application using an existing Facebook or Strava account;
    4. Data caches and logs from our internet service provider;
  3. Personal Information collected by Hubtiger may include:
    1. Name and surname;
    2. Email address;
    3. Age and date of birth
    4. Gender;
    5. Telephone number;
    6. Location information;
    7. Computer IP address;
  4. Where You register or log-in to your account by means of Facebook or Strava, You hereby grant consent for Facebook or Strava to provide registration and other relevant information fields of your account to Silverbridge. Use of such third-party credentials to log You into Your account entails the agreement to the third-party network terms, conditions and policies.
  5. Geographic location information is only collected when your device has location settings enabled. You are permitted to use the Application without sharing Your geographic location. However, You are informed that disabling Your geographic location settings will hinder Silverbridge’s ability to provide You with the full extent of the Hubtiger services.
  6. We may also collect Personal Information through Your access and use of the Platform and through Your participation in various activities on the Platform.
  7. There may be instances where we may also collect some information that is not Personal Information because it does not identify You or anyone else (we may collect aggregated information about how You use our Application).
  8. If You use our Platform, you understand that Silverbridge collects and tracks non-personal information such as mileage, gear settings and service history, routes planned and events attended. This information is required for Silverbridge to provide You with the services.
  9. If You do not want us to collect Personal Information about You, do not submit Your Personal Information to Silverbridge.

3 PURPOSE OF COLLECTING PERSONAL INFORMATION

  1. The primary purpose for collecting and processing Your Personal Information is to enable us to provide You access to the Platform. Silverbridge also collects and processes Your Personal Information in order:
    1. to create and administer Your account;
    2. to track bicycle components usage in order to provide Users with service indicators;
    3. to enable cycling service providers to better understand the needs of cyclists;
    4. to track cycling routes, distance and times;
    5. to track incidents and alert cyclists;
    6. to process and respond to any complaint made by You;
    7. to assess the performance of the Hubtiger services;
    8. to engage in legitimate electronic communications with You;
    9. to provide feedback on any related enquiries;
    10. to provide You with direct marketing material;
    11. to update our records and keep Your contact details up to date;
    12. to comply with any law, rule, regulation, lawful and binding determination, decision or direction of a regulator, or in co-operation with any governmental authority of any country.
  2. We are also able to use the information collected to improve our internal technical and business processes. Measure cycling route patterns and bicycle parts usage in the aggregate, analyse trends, administer the Hubtiger service, track Users’ actions and gather broad demographic information.

4 CONSENT TO PROCESSING PERSONAL INFORMATION

  1. By using the Platform, You hereby consent to Your Personal Information being used for the abovementioned purposes, associated purposes and to (a) update our records; (b) keep Your contact details up to date; (c) to comply with any law, rule, regulation, lawful and binding determination, decision or direction of a regulator, or co-operate with any governmental authority of any country.
  2. By Using the Platform You affirm that you have read and understood this privacy policy and that you consent to the processing of Personal Information as set out in this privacy policy.
  3. Personal Information may be processed by Silverbridge in the country where it was collected as well as other countries where laws regarding processing of Personal Information differ. The consent to receive direct marketing from Hubtiger is obtained during the registration process and You consent to the receipt of direct marketing communications regarding all business activities and news.

5 HANDLING OF PERSONAL INFORMATION

  1. Silverbridge seeks to ensure the quality, accuracy and confidentiality of Personal Information in its possession. You warrant that all Personal Information supplied by You is both true and correct at the time of provision. In the event of any aspect of Your Personal Information changing post submission, it is Your responsibility to update Your profile information either via the Platform.
  2. You warrant that You have the authority, permissions and consent to provide Silverbridge with any third party information submitted to Silverbridge.
  3. Silverbridge will take all reasonable measures in order to ensure Your Personal Information is appropriately safeguarded, these precautions include, but are not limited to: access control mechanisms via username and password, and software protection for information for security.
  4. Should an unauthorised person/s gain access to Your Personal Information Silverbridge will contact You within a reasonable time to inform You of such access.
  5. Silverbridge shares Your Personal Information with authorised third parties such as the bicycle retailers and servicing shops. Additionally Silverbridge may share aggregated personal information with Service Providers as well as internet service providers. Silverbridge does not permit these parties to use such information for any other purpose than to perform the services that Silverbridge has engaged with them to provide. All processing is compatible with such purpose.

6 RETENTION AND RESTRICTION OF RECORDS

  1. On receipt of instructions from You, Silverbridge will destroy or delete a record of Personal Information about You which Silverbridge is no longer authorised to retain. This is subject to certain exceptions such as retaining records that Silverbridge is required by law to retain. Silverbridge is entitled to retain de-identified information for authorised or legitimate purposes.
  2. In the event that You wish to revoke all consent pertaining to Your Personal Information and/or You would like Silverbridge to remove and/or delete Your Personal Information entirely, You should cancel your account and You may request Silverbridge to delete all of Your Personal Information by emailing info@hubtiger.co.za.
  3. You expressly consent to Silverbridge retaining Your Personal Information once Your relationship with Silverbridge has been terminated for evidential purposes and using the information for aggregate, statistical and reporting purposes.
  4. Records relating to the provision of information to and/or by You can be retained by Silverbridge in terms of legislative records retention provisions and includes Your Personal Information.
  5. Silverbridge retains records for a period that is longer than is required by law for statistical or research purposes and You hereby consent to such retention of Personal Information.

7 UPDATING OF PERSONAL INFORMATION

  1. You may request access to any Personal Information we hold about You at any time by sending an email to info@hubtiger.co.za.
  2. If You believe that Personal Information we hold about You is incorrect, incomplete or inaccurate, then You may request us to amend it. We will consider if the information requires amendment. If we do not agree that there are grounds for amendment or that we cannot amend the information as required, we will retain a note about the request.
  3. Your Account information is accessible by You at any time. You are entitled to amend, delete or add information to your Account at any time.
  4. There may be instances where we cannot grant You access to the Personal Information we hold. We may need to refuse access if granting access would interfere with the privacy of others or if it would result in a breach of confidentiality. Should this be the case, we will give You written reasons for any refusal.

8 SHARING YOUR PERSONAL INFORMATION

  1. Business records relating to the provision of information or the application to You can be retained by Silverbridge in terms of legislative records retention provisions and includes Your Personal Information. Records can be retained for operational purposes or for evidential purposes. Where Silverbridge shares Your Personal Information with employees and other Users, Silverbridge does not permit such parties to use the information for any other purpose than those pertaining to using, maintaining and/or running to the application.
  2. We may disclose Your Personal Information to:
    1. our employees to enable us to operate;
    2. fulfil requests by You, and to otherwise provide information and services to You;
    3. Service Providers to allow them to assist in the provision of products or services to You;
    4. organisation for any authorised purpose with Your express consent.
  3. Where Silverbridge shares Your Personal Information with others, Silverbridge does not permit such parties to use the information for any other purpose than those pertaining to using, maintaining, administering and/or running the Hubtiger services.
  4. We may further disclose Your Personal Information in the following instances:
    1. To comply with the law or legal process;
    2. To protect Silverbridge rights, facilities and other property;
    3. To protect Silverbridge against any misuse or unauthorised use of the Platform; and
    4. To protect Users or third parties affected negatively by Your action in using the Platform.
  5. We will disclose Personal Information to our Service Providers who use software programmes and hardware devices to monitor usage in order to identify unauthorised attempts to access, upload, damage and/or alter information that it has stored.
  6. Personal Information is stored on servers outside of South Africa. Your Personal Information may be stored on servers and be subject to different data protection laws. You hereby consent that your Personal Information may be sent cross border to be stored on such servers.
  7. We have placed security safeguards to protect Your Personal Information through agreements concluded with third party Service Providers. We will not be held liable for any illegal activity or other activity that may result in a claim for damages due to lack of protection of Your Personal Information whilst under the care of the third party.

9 UPLOADING PERSONAL INFORMATION

  1. If You are uploading Personal Information in connection with Your use of the Platform, You undertake that You are responsible for compliance with privacy and confidentiality regulations impacting You and hereby warrant that:
    1. You have the right and/or consent to upload the Personal Information. Such consent must be given by You as it relates to Your use of the Platform.
    2. You are cognisant that processing of types of Personal Information regarded as sensitive without consent is prohibited.
    3. You are aware of specific purposes of collection of Your Personal Information.
    4. Silverbridge's processing of Personal Information is reasonably associated with the purpose for which it was collected and/or the consent obtained.
    5. You do not object to the processing of Your Personal Information by Silverbridge.
    6. You have taken reasonably practicable steps to ensure that the Personal Information is complete, accurate, not misleading and updated where necessary, taking into account the purposes for which it was collected.
    7. You agree that Silverbridge will not be held liable for any illegal activity or other activity that may result in a claim for damages due to lack of protection of the Personal Information whilst under the care of third parties.

10 SECURITY OF SAFEGUARDS

  1. We take reasonable steps to ensure that Your Personal Information is protected from misuse, loss and from unauthorised access, modification or disclosure. We cannot guarantee, however, the absolute security of Your Personal Information. Accordingly, we assume no liability for any disclosure of data due to errors in transmission, unauthorised third party access or other acts of third parties, or acts or omissions beyond our reasonable control.
  2. We use third parties who have access to Your Personal Information and who have undertaken to protect Your Personal Information.
  3. We will notify You via both email and cell-phone should we have cause to believe that Your Personal Information may have accessed or used in an unauthorised manner.
  4. As our Application is linked to the internet, and the internet is inherently insecure, we cannot provide any assurance regarding the security of transmission of information You communicate to us online. We also cannot guarantee that the information You supply will not be intercepted while being transmitted over the internet. Accordingly, any Personal Information or other information which You transmit to us online is transmitted at Your own risk.

11 INDEMNITY

You agree to indemnify and hold Silverbridge, its officers, directors, employees, agents, licensors, suppliers and members harmless from and against any claims, damages, actions and liabilities including without limitation, loss of profits, direct, indirect, incidental, special, consequential or punitive damages arising out of reliance Your Personal Information should Your Personal Information contain any errors, inaccuracies or be irrelevant to the use of the Application.

12 DATA SUBJECT PARTICIPATION

Should You have enquiries concerning Personal Information processed by Silverbridge, You can request feedback that describes the Personal Information held by Silverbridge, and information about third parties, or categories of third parties who provide services to Silverbridge, who have, or have had, access to the information. You may request that Silverbridge correct or delete Your Personal Information in its possession or under its control that is inaccurate, irrelevant, excessive, misleading or obtained unlawfully; or destroy or delete any Personal Information that Silverbridge is no longer authorised to retain. As a User, You have access to Your Personal Information via the Application and the Website.

13 OPENNESS

  1. If You have any additional questions or concerns about our privacy practices, we invite You to contact us by email at info@hubtiger.co.za and we will address Your concerns to the best of our ability.
  2. We will treat Your requests or complaints confidentially.