Terms of Use and Privacy Policy

Terms and Conditions (T&Cs) 

Article 1 - General scope and object of the agreement

The following terms and conditions (T&C) govern the relationship between you as a client and our company while interacting through our website https://threebeaniesnetwork.com (https://threebeanies.com) and/or on our application TBN.

Navigating and/or interacting on our website and/or application means that you expressly agree to these T&C without reserve or objection.

Our company has the right to modify or to adapt these T&C at any time and without prior notice. These T&C are directly applicable as soon as they are published on our website and/or application and/or sent to you by any means.

Please read these Terms and Conditions carefully before using, interacting or accessing our website and/or application.

By agreeing to these T&C you grant us that you have reached at least the legal majority in your country, state or province of residence. If you are a minor you grant us that you have all the rights and consent from your legal representatives to use our services. If you have not reached the legal majority then you must not use our Services.

You are not entitled to use our services, website and/or application for any illegal or unauthorized purposes.

You must not try to hack, alter the use or functions of our services, send viruses or lead or try to lead any other kind of attack towards our services. You must not try to attempt at our services' integrity either.
 

Article 2 - Content and Intellectual property

The content provided in our Services might be accessible for free or not. 

The contents of our Services are intended for personal, non-commercial use. All materials available on our Services are protected by copyrights and/or intellectual property rights.

In addition to that some content might be protected by some other rights such as, trademark, patents, trade secrets, database right, sui generis rights and other intellectual or proprietary rights.

The user of our Services is not allowed to reproduce totally or partially any content that is made available through our Services. The user will also not reproduce any of our logo, name, visual identity and so on, the user will also not try to reproduce, copy or produce mere copy of our Services.

The user will not modify, copy, paste, translate, sell, exploit or transmit for free or not any of the content, text, photo, pictures, drawing, audio content, podcast or any content that is available on our Services.
 

Article 3 - Warranties

The content provided by our Services is provided to the user « as it is » and « as available », we cannot guarantee that the content provided will be exact, true, or error-free. The user accesses our content at its own risks.

We will not be held responsible if any content on our Services is inaccurate or mistaken.
 

Article 4 - Content moderation (chat, comments and others) and user generated content

If our user uploads, posts or submits any type of content on the Services you represent to us that you have all the necessary legal rights to upload, post or submit such content.

You shall not publish, distribute or upload any content that is, abusive, fake news, obscene, pornographic, illegal.

In addition to that you shall not try to impersonate anyone else or use a fake identity in order to use, access or publish any content on our Services.

You shall not use our Services to transmit any kind of malware, viruses, crypto lockers, ransomware or spyware.

Users will not threaten or verbally abuse other users nor will they spam the Services. User will use respectfully language, you will not try to abuse or discriminate based on race, religion, nationality, sexual gender or preference, age, disability and so on. Hate speech is prohibited.

Our Company has the right to delete, modify, censor and delete a client’s content or account if any of the rules above are violated. This will be done without any prior justification or notice. The client will not receive any compensation.

 

Article 5 - Liability

Our company will not be liable in case of network disruption, viruses, outside access, fraudulent use of payment methods or any other kind or type of technical issue or fraudulent access.
 

Article 6 - Third-Party links and external links

Some of the contents available on our website and/or application can include materials from third-parties and outside sources. Third-party links on our websites and/or applications can direct you to outside of our control websites that are not affiliated with us. We are not responsible nor liable for controlling or examining the content or accuracy of third-party websites or outside sources.

Hence we are not liable nor responsible for any damages or misuse while accessing third-party links or external links or sources on our website and/or application.

Please read carefully our privacy policy regarding how to deal with third-party privacy policy, terms and conditions and cookie policy.
 

Article 7 - Disclaimer of warranties

While using our website and/or application you grant us that we will not be held liable or responsible if data on our services is not accurate, true, complete or correct. The information and data given on our services is given as illustrational and informational only and must not be used for making decisions. Further advice and information must be sought before making any serious decision. You are using our services at your own risk.

Our company reserves the right to modify and/or delete any content on our services without prior notice, but our company has no obligation to update any content available on our services.

Also our company does not guarantee that the use of our services will be error-free, timely, secure or uninterrupted. The client agrees that we can remove services from time to time or add new ones without prior notice.

Our services are delivered and provided to clients « as is » and « as available » for use, without any warranties or conditions of any kind.

In no case our company’s staff, employees, personnel, agents, interns and so on, are not liable for any loss, claim, injury, any indirect or direct damage, incidental, punitive or special damages of any kind or type. This includes loss of profits, lots of revenues, lots of data or savings, whether based on tort law, contract, liability or otherwise.

 

Article 8 - Indemnification

You as a client of our company agree to indemnify, defend and hold us harmless from any claim or demand, this includes attorney’s fee made by any third-party due to your breach of these T&Cs or any other document that is binding between you and our company.
 

Article 9 - Severability

If any part, article or document of these T&Cs or of any other binding document between you and our company is determined by a competent jurisdiction to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law.

The unenforceable portion shall be deemed to be severed from these T&Cs such determination will not affect the validity and enforceability of any other remaining provisions.
 

Article 10 - Termination

All of the obligations and liabilities of the parties that occurred before the termination date shall survive the termination of this agreement.

These T&Cs are effective unless terminated either by our company or by the client.

The client can notify our company that he no longer wants to use our services or he can simply stop using and/or access our services, websites and/or application.

Our company can terminate this agreement at its sole discretion at any time and without prior notice, the client will hence remain liable for any remaining amounts due to our company.

 

Article 11 - Governing Law and Venue

The present T&Cs are ruled by (South African Protection of Personal Information Act, 2013 ("POPIA")).

Any issue arising from these T&Cs regarding, but not limited to, their validity, interpretation, execution, consequences and so on will be pleaded in front of the relevant jurisdiction.

The relevant jurisdiction is (INSERT RELEVANT JURISDICTION).
 

Article 12 - Contact information

If you have any question regarding these Terms and Conditions you can contact us directly at: info@threebeanies.com

 

PRIVACY POLICY

Three Beanies Network recognizes and values the significance of safeguarding your personal information. 

Three Beanies Network acts as a "responsible party" under the South African Protection of Personal Information Act, 2013 ("POPIA") and as a "controller" under the General Data Protection Regulation (“EU GDPR”) 2016/679 of the European Union, as it determines the purposes and methods of processing personal information. 

Three Beanies Network is not intended for children, and therefore, we do not intentionally collect personal information from individuals under the age of consent. 

This Privacy Policy outlines how we will handle your personal information in the normal course of our business operations and is applicable to our website and apps. Please ensure you are informed about the usage and handling of your information under this policy, as well as any other complimentary notices we may issue.

Three Beanies Network conducts regular reviews of this Privacy Policy and posts updates on our website and or apps. Alternatively, updates may be requested from our Information Officer. This document was last revised on 01 November 2024 and is currently in its first version. The Information Officer is responsible for this document and ensures that it is reviewed and updated at least annually, as needed.

PESONAL INFORMATION WE COLLECT

We may be required by law or contractual obligation to gather information from you when you engage with us. You have the option to withhold personal information when requested. However, please be aware that without the necessary personal information, we may be unable to deliver or maintain the products or services provided by Three Beanies Network, or grant you complete access to our websites and or apps. 

We will only collect, utilize, store, and transfer the minimum amount of personal information that we consider essential for standard business operations.

It is not our usual practice to collect sensitive personal information, such as details related to your health, religion, political beliefs, race, or sexual orientation, unless we have your explicit consent or are legally obligated to do so. If we associate other data with your personal information, we will regard that linked data as personal information.

The personal information we may collect from you includes: 

• Personal Identifying Information (PII), such as your first name(s), surname, email address, phone number, and other contact details. 

• Payment Card Information (PCI), which includes cardholder data like the cardholder's name, primary account number, expiration date, and security code. 

• Sensitive Personal Identifying Information (Sensitive PII), including identity numbers. 

• Log-in and account details for authentication and access purposes. • Your preferences regarding marketing communications. 

• Demographic information, including gender, age, country, and preferred language. 

• Data regarding your interactions with Three Beanies Network, including the web pages you visit on our websites and information about your device's connectivity and configuration. 

We collect personal information to fulfil legal and contractual obligations, to communicate with you, to improve of product services and offerings, to collect statistics and to conduct business and or administrative tasks.

We will only collect and process the information as outlined, unless otherwise specified.

We will only share information collected from our websites and or apps:

  • As instructed to by a relevant authority
  • When you give us consent to share your information
  • To safeguard the rights, property, or safety of Three Beanies Network, its business associates, yourself, or others, or as mandated by relevant legal requirements.
  • Business partners, vendors, or contractors to provide requested services or facilitate transactions, including but not limited to processing of orders, assisting with sales-related activities or post-sales support, and providing customer support.  It is important to note that any third parties with whom we share personal information are contractually required to implement appropriate data protection and security measures and are not permitted to process personal information for any purpose other than the purpose for which they are given access.

HOW WE COLLECT PERONSAL INFORMATION

We may collect your personal information in a variety of ways when you interact with us, including when:

  • You use our websites and or apps
  • You create an account with us
  • You process an order with us
  • You enter a competition with us
  • You fill in a show attendance form
  • You communicate with us / provide us feedback

We may also collect technical information about you like the equipment you use to access our websites and or apps and your browsing behaviour.

We may additionally gather your personal information from external sources, including public databases, business partners with whom we collaborate on co-branded services or joint marketing initiatives, as well as third parties that offer list enhancement or comparable services, provided that such actions are in accordance with applicable law.

SECURITY

Three Beanies Network strives to secure its websites and or apps. However, the internet is not entirely secure, and therefore, we cannot assure the security of any personal information your submit or share online.

DIRECT MARKETING

We do not share your personal information with unrelated third parties for the purposes of direct marketing, nor do we sell, lease, distribute, or otherwise make your personal information commercially accessible to any third party.

If you have chosen to receive direct marketing communication from us, you always have the option to opt out. You can either unsubscribe, or send us a message at https://www.threebeaniesnetwork.com/contact-us/.

We will address your request at the earliest opportunity that is reasonable. Should you choose to unsubscribe from our marketing communications, please be aware that we may continue to send you administrative messages related to your ongoing use of our websites, solutions, or services.

YOUR RIGHTS

  • If you wish to voice any concerns regarding the management of your Personal Information, please contact our Information Officer at info@threebeanies.com. The Information Officer will address your concerns and work with you to reach a satisfactory resolution. 
  • Should you still feel that your Personal Information has not been handled in compliance with legal requirements, you may file a formal complaint at www.justice.gov.za/inforeg.
  • You have the right to access, correct, update, block, or delete your personal information. Specifically, you may:
  • Request access to your personal information.
  • Request corrections to your personal information that we hold.
  • Request the deletion of your personal information.
  • Object to the processing of your personal information.
  • Request a restriction on the processing of your personal information. This allows you to ask us to suspend the processing in the following situations:

1. If you wish for us to verify the accuracy of the information.

2. If our use of the information is unlawful, but you prefer that we do not delete it.

3. If you require us to retain the information even if we no longer need it, as it is necessary for establishing, exercising, or defending legal claims.

4. If you have objected to our use of your information, but we need to determine whether we have overriding legitimate grounds for its use.

  • You have the right to request the transfer of your personal information to yourself or to a designated third party. We will provide your personal information in a structured, commonly used, and machine-readable format. It is important to note that this right is applicable only to automated data that you initially consented to us using, or data that we utilized to fulfill a contract with you.
  • You may withdraw your consent at any time if we are processing your personal information based on that consent. However, this withdrawal will not affect the legality of any processing conducted prior to the withdrawal. Should you choose to withdraw your consent, it may limit our ability to provide certain products or services, and we will inform you of this at the time of withdrawal.
  • Generally, there is no fee required: You typically will not incur a fee to access your personal information or to exercise any of your other rights. However, we reserve the right to charge a reasonable fee if your request is deemed to be clearly unfounded, repetitive, or excessive. In such cases, we may also refuse to fulfill your request.
  • Information we may require from you: To assist us in confirming your identity and ensuring your right to access your personal information (or to exercise any other rights), we may need to request specific information from you. This is a security measure designed to prevent unauthorized disclosure of personal information. Additionally, we may reach out to you for further details regarding your request to expedite our response.
  • Response time frame: We aim to respond to all legitimate requests within 30 days. However, in certain instances, particularly complex requests or multiple requests may require additional time. In such cases, we will inform you of the delay and provide updates accordingly.

COOKIES

When you visit our websites, we may utilize cookies and related technologies, such as scripts, embedded web links, web beacons, Local Shared Objects, and Local Storage, to help us achieve various objectives, including:

  • Enhancing your browsing experience.
  • Personalizing our interactions with you.
  • Storing and managing your preferences and settings.
  • Gathering statistical data.
  • Analyzing the performance and usability of our websites.
  • Assessing website traffic patterns.
  • Identifying which sections of our websites have been accessed.

These technologies gather data transmitted by your browser to our websites, which includes details such as your browser type, IP address, geographic location, browser version, operating system, referral source, duration of visit, page views, and navigation paths. Additionally, they track the timing, frequency, and patterns of your service usage, along with the date, time, and length of your visit, the pages accessed, and the links clicked.

Our websites may also utilize web beacons or similar technologies from third-party analytics providers, which collect information regarding your online activities across our sites. This data assists us in compiling aggregated statistics to evaluate the effectiveness of marketing campaigns and other business operations.

You have the option to prevent your browser from accepting cookies by modifying the settings within your web browser. Please note that limiting cookies may affect the functionality of our websites. We advise enabling cookies, as they are typically enabled by default in most browsers. You can modify the settings and options in your browser to enable or disable cookies, or you may visit https://www.aboutcookies.org for comprehensive guidance on managing cookies across different browsers.

LINKS TO THIRD PARTIES WEBSITES OR APPS

Our websites may include links to third-party sites and applications. We do not make any representations or warranties regarding the privacy practices of these third-party sites or applications, nor are we liable for any content or privacy statements provided by them. Your engagement with such sites and applications is governed by the applicable privacy statements of the respective third parties.

RETAINING YOUR PERSONAL INFORMATION

We maintain your personal information solely for the duration necessary to achieve the objectives for which it was gathered, or to meet legal requirements, address disputes, safeguard our assets, or uphold agreements. The retention periods will differ based on the specific purpose. Any personal information we possess for marketing and service update notifications will be retained until you inform us of your desire to discontinue receiving such notifications.

The criteria employed to establish retention periods, excluding marketing and service notifications, encompass the following considerations:  

  • Whether we are subject to legal, contractual, or other obligations that necessitate the retention of personal information, including compliance with data retention laws, as part of an investigation, or for litigation purposes.  
  • The necessity of personal information for the provision of our solutions and services, including performance enhancement and the maintenance of accurate business and financial records.  
  • The availability of automated methods that allow you to access and delete your personal information at any time; in instances where such methods are not available, we typically retain personal information for a shorter duration.  
  • The classification of personal information as Special PII, in which case we generally retain it for a reduced period.  
  • Your consent to retain personal information for an extended retention period, in which situation we will keep the information in accordance with your consent.  

CHANGES TO THIS POLICY

This Privacy Policy may be revised periodically. Any modifications will be published on the Three Beanies Network website, accompanied by a new revision date. Unless specified otherwise, any updated Privacy Policy will take precedence over the prior version.

CONTACT US

An Information Officer has been designated to manage inquiries regarding this Privacy Policy. Should you have any questions concerning the handling of your personal information by Three Beanies Network, wish to express a privacy concern, or intend to file a complaint, please reach out to us by contacting the Information Officer at info@threebeanies.com.

PAIA COMPLIANCE NOTICE IN TERMS OF SECTION 83(3)(d) OF THE PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000

Request for access to record: https://inforegulator.org.za/wp-content/uploads/2020/07/InfoRegSA-PAIA-Form02-Reg7.pdf

Outcome of request and of fees payable: https://inforegulator.org.za/wp-content/uploads/2020/07/Form-3-PAIA.pdf

Internal appeal form: https://inforegulator.org.za/wp-content/uploads/2020/07/InfoRegSA-PAIA-Form04-Reg9.pdf