TERMS AND CONDITIONS
Updated as of September 2020
1. COLLECTION OF PERSONAL INFORMATION AND USE
1.1 Subject to consent, CHT collects, stores, and uses information from its own archival collections or from other archives for the following purposes:
- to compile and maintain an archive for CHT
- to be published in marketing and communications materials, including but not limited to, brochures, newsletters, and published photographs on the website or otherwise.
1.2 We collect personal information from the following persons:
- natural persons over 18
- natural persons under 18 with the consent of a competent person
- juristic persons such as companies duly represented
- people who send enquiries or requests to our contact email address
1.3 Categories of persons listed in clause (d) above may include website users and natural individuals whose personal information is contained within archival collections. In certain instances persons may be categorised as both.
1.4 CHT may also automatically collect and store non-personally identifiable information from your use of the website.
1.5 CHT may collect personal information from website users such as: names; surnames; username and password; email address; telephone number; address; non-personal browsing habits and click patterns; IP address; any additional information necessary to deliver our services; details of responses to your enquiries; any online communications between us and you; any information provided to us by you.
1.6 CHT may collect the following personal information from its own archival collections or other archives such as: name; surname; date of birth; age; gender; race; language; education; location; employment history; personal opinions, views or preferences; the views or opinions of another individual about the person; videos recordings; audio recordings; manuscripts; photographs; any additional information that form part of the archival collections of CHT. Additionally, CHT may collect personal information from its own archival collections such as physical health, disability, marital status, pregnancy, mental health, and biometric information subject to the terms and conditions as outlined by the Protection of Personal Information Act 4 of 2013 (POPIA), governing the lawful processing of personal information.
2. CONSENT TO PROCESS YOUR PERSONAL INFORMATION
2. If you are a website user, you consent to the processing of your personal information for marketing and publishing purposes, and to compile non-personal statistical information about browsing habits, click patterns, and access to the website.
2.2 If you are a natural individual, you consent to the processing of your personal information specifically including:
- To compile and maintain an archive for CHT
- To be published in marketing and communications materials, including but not limited to, brochures, newsletters and published photographs on the website or otherwise
- To provide you with direct mar marketing communications regarding CHT’s activities and news
2.3 The processing of your personal information shall include: the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation, use; dissemination through transmission, distribution or making available in any other form; or merging, linking, as well as blocking, degradation, erasure or destruction of information.
2.4 By using our website, you represent that you are aged 18 years or older or that you have necessary authorisation from a competent person and that you consent to your personal information to be processed by CHT.
2.5 You expressly consent to CHT retaining your personal information once your relationship with CHT has been terminated for accumulative, statistical, reporting, and historical purposes.
2.6 If you wish to revoke all consent about your personal information and/or you would like CHT to remove and/or delete your personal information entirely, you may contact CHT via email at firstname.lastname@example.org
3. HANDLING OF PERSONAL INFORMATION
3.1 CHT endeavours to comply with all laws and regulations about information and communications privacy including, but not limited to, section 16 of the South African Constitution 1996 which refers to the right to freedom of expression and as contained by the Promotion of Access to Information Act 2 of 2000 (PAIA) and the Protection of Personal Information Act 4 of 2013 (POPIA).
3.2 You warrant that you have the authority, permissions, and consents to provide CHT with any third party information submitted.
3.3 CHT will take all reasonable measures 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.
3.4 Should an unauthorised person/s gain access to your personal information, CHT will contact you within a reasonable time to inform you of such access.
3.5 CHT may share your personal information with authorised third parties such as service providers to CHT. These include, but are not limited to digital archiving service providers. CHT does not permit these parties to use such information for any other purpose than to perform the services that CHT has instructed them to provide. All processing is compatible with such a purpose.
3.6 The website may contain links to other websites or content. CHT is not responsible for the editorial practice, content, or privacy practices of such third party websites.
4. RECORDS OF PERSONAL INFORMATION
4.1 Records relating to the provision of CHT products and/or services by CHT to you and the personal information submitted by you are retained for publication on the website and/or to provide you with the website services.
4.2 Such records may be required to be retained in terms of legislated records, retention requirements, or for operational purposes.
4.3 In terms of Section 14(2) of POPIA, records of personal information may be retained for periods over those contemplated in 4.1 for historical purposes. CHT warrants that appropriate safeguards are in place to prevent the records from being used for any other purpose. Researchers, organisations, or individuals who use information about living people from the archives have a duty, under data protection legislation, not to use that information in a way which may cause distress or damage to them. You should also be aware that, just because information is in the public domain, it does not necessarily make it lawful for you to make it public.
4.4 CHT may disclose your personal information under the following circumstances:
- To comply with the law or with legal process
- To protect and defend CHT’s rights, equipment, facilities, and other property
- To protect CHT against misuse or unauthorised use of the website and/or products and/or services
- To protect other website users or third parties affected negatively by your actions in use of the products/services and/or the website.
5. ACCEPTABLE USE
In relation to digital archive material (as made available through the website) you agree that:
5.1 No item containing the image of or reference to a person is to be used for a purpose other than for which rights are granted by CHT, without prior express written permission of CHT.
5.2 Only a single digital copy of an item may be stored on a single computer, hard drive, or any other storage device, and that that copy may not be duplicated in any way whatsoever, except for a single backup copy which may only be used in the event of the original being deleted, lost, or irreparably damaged.
5.3 Once the item has been used for the purpose for which use rights were granted, all copies of the item must be deleted, apart from where it forms part of the archive of what was published.
6. OBJECTIONS, COMPLAINTS AND QUERIES
6.2 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, CHT will provide reasons for refusal in written form.
Material on our website is subject to the Creative Commons Copyright Policy (unless otherwise stated by a third/outside party). This policy supports a ‘share-alike’ system. CHT is an educational resource and for this reason, we would like to make the information on our site available to as many people as possible. However, there are various types of information on our site so please read the terms and conditions below before reproducing any material found on this site.
7.1 Use of CHT material
We have three types of information on our site:
7.1.1 The material produced or owned by CHT
You may reproduce/make use of this material so long as we are credited as the source of the information and you notify us. Please credit us as follows: “(name of item)” from CHT, ourconstitution.constitutionhill.org.za
7.1.2 Work in the public domain, such as books, public articles/archives, and shared items on social media websites.
You may make use of this material so long as the source of the information is credited and it is for educational purposes only.
7.1.3 Externally created items that CHT has gained permission to use, such as the following material but not limited to images, documents, audio, and video. Please note that these externally created materials on the site are protected by South African copyright law and may not be reproduced, distributed, transmitted, displayed, or otherwise published in any format, without the prior written permission of the copyright owner.
7.2 CHT is committed to identifying rightful copyright holders to archival materials in our collections; however, this may not always be possible. We have endeavoured to acknowledge and credit our sources to the best of our ability and to ask people to come forward if they have not been acknowledged. We have included their material on this site, but invite anyone who can assist us with contact details for the rights owners, to contact us at email@example.com so that we can obtain formal permission.
8. REVISIONS AND ERRATA
While we have tried to the best of our abilities to tell our stories accurately and fairly, we are aware that omissions and errata (inaccuracies and mistakes) may remain. In this regard, any inadvertent omission or error shall not be held to relieve either party hereto from any liability which would attach to it hereunder if such omission or error had not been made, provided such omission or error is corrected as soon as possible after discovery.