Privacy Policy

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Privacy Policy

1. INTRODUCTION

1.1. This Privacy Policy applies to the processing (i.e. collecting, storing, transferring and otherwise using) of information by Silicon Sky Consulting Proprietary Limited (registration number 2009/008196/07) and its group of companies (collectively, “Silicon Sky”) in the provision of services to you (“Services”), when you visit Silicon Sky’s website and any other interaction and communication you may have with Silicon Sky.

1.2. Silicon Sky shall take reasonable measures to ensure the integrity, safekeeping and confidentiality of all information submitted to or collected by Silicon Sky.
1.3. By using the Services and/or Silicon Sky’s website, you are explicitly acknowledging that you have read, understood and agree to this Privacy Policy.
1.4. Important clauses which may limit Silicon Sky’s responsibility or involve some risk to you will be in bold. Please pay special attention to these clauses.

2. WHAT INFORMATION IS COLLECTED

1. This AUP applies to all persons accessing and/or using Silicon Sky’s website and/or the Services.

2. This AUP also applies to persons to whom you give access to the Services (for example, your users, your customers and third party service providers) and you shall be responsible for the acts and omissions of such persons accessing and using the Services.

3. CONSENT

You shall comply with all applicable laws and regulations when using Silicon Sky’s website and the Services and shall not allow any illegal or improper use thereof. 

4. PURPOSE OF COLLECTING YOUR PERSONAL INFORMATION

4.1 You agree that you shall not, and not attempt to, use the Services and/or Silicon Sky’s website in order to upload, download, post, email, transmit, publish, store or otherwise make available:
4.1.1 information, content and/or material (“Material”) that is unlawful, harassing, threatening, harmful, defamatory, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially offensive or otherwise violates the rights of a third party;
4.1.2 any unsolicited or unauthorised email messages, advertising, promotional materials, junk mail, spam, or chain letters, including, without limitation, bulk commercial advertising and informational announcements; or
4.1.3 any Material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Service (or any part thereof), or any other computer software or hardware (for example, spyware worms, trojan horses or any other malicious software).

4.2 You further agree that you shall not, and shall not attempt to, use Silicon Sky’s website or the Services in order to:
4.2.1 impersonate any person or entity;
4.2.2 misrepresent your affiliation with a person or entity;
4.2.3 engage in any intellectual property right infringement (including, without limitation, copying any content to which you do not have the right to copy);
4.2.4 directly or indirectly, use, modify, vary, enhance, decompile, disassemble, reverse engineer, copy, sell, lease, licence, sub-licence the Services or software included in the Services; or
4.2.5 conduct or engage in any illegal business or activity.

5. HOW WE COLLECT YOUR INFORMATION

5.1. Information you provide
5.1.1. Silicon Sky may collect information from you directly when you:

5.1.1.1. open an account;
5.1.1.2. send Silicon Sky any documents, correspondence or communication; and
5.1.1.3. enter into a transaction or contract with Silicon Sky.

5.2. Information from third parties
In the provision of the Services, Silicon Sky may also collect information from third parties.

5.3. Use of the Services

5.3.1. When you use certain Services, for example Skybox, Silicon Sky shall receive your information, content and material (“Material”).
5.3.2. For example, if you request Silicon Sky to:

5.3.2.1. import your contacts by giving Silicon Sky access to your third party services; and
5.3.2.2. use your social networking information by giving Silicon Sky access to your account on social network connection services.

5.3.3. You will also be providing us with your contacts' email addresses when you share the Material with them.
5.3.4. If you add the Material to your Skybox that has been previously uploaded by you or another user, Silicon Sky may associate all or a portion of the Material with your account rather than storing a duplicate.

5.4. Geo-Location Information
5.4.1. Some electronic devices, such as a desktop computer, laptop, cell phone and/or tablet (“Device”) allow applications to access real-time location based information, such as GPS. Currently, Silicon Sky’s mobile apps do not collect such information but may do so in the future. By using the Services and/or Silicon Sky’s website, you consent to this.
5.4.2. Some of the information Silicon Sky may collect from a Device, for example IP address, can sometimes be used to approximate a Device’s location.
5.4.3. Photos that you place in your Skybox may also contain recorded location information.

5.5. Analytics
5.5.1. General

5.5.1.1. Silicon Sky may collect and use information using logging and cookies.
5.5.1.2. Silicon Sky uses this information to monitor and analyse use of the Services, for the Service’s technical administration, to increase the Service’s functionality and user-friendliness, and to verify that you have the authorisation needed for the Services to process your requests.
5.5.1.3. Silicon Sky uses analytics tool providers. Currently, Silicon Sky uses Google Analytics. To learn more about the privacy policy of Google Analytics, and to learn how to opt out of that service, please visit the following websites: https://www.google.co.uk/intl/en/policies/privacy/ and https://tools.google.com/dlpage/gaoptout.

5.5.2. Logging
When you use the Services, Silicon Sky automatically records information from your Device, its software, and your activity while you use the Services. This may include the Device’s IP address, browser type, the web page visited before you came to Silicon Sky’s website, information you searched for on Silicon Sky’s website, locale preferences, identification numbers associated with your Devices, your mobile carrier, date and time stamps associated with transactions, system configuration information, physical system information, metadata concerning your Material, and other interactions with the Services.

5.5.3. Cookies
Silicon Sky uses “cookies” to collect information. A cookie is a small data file that Silicon Sky transfers to your Device. Silicon Sky may use “persistent cookies” to save your registration ID and login password for future logins to the Services. Silicon Sky may use “session ID cookies” to enable certain features of the Services, to better understand how you interact with the Services and to monitor aggregate usage and web traffic routing on the Services. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all aspects of the Services and/or use all the interactive features of Silicon Sky’s website.

6. INFORMATION USE, SHARING AND DISCLOSURE

6.1. Your Use

6.1.1. Silicon Sky shall display your Personal Information on your profile page and elsewhere on your Skybox according to the preferences you set in your Skybox account. Any information you choose to provide should reflect how much you want others to know about you. You can review and revise your profile information at any time.
6.1.2. Through certain features of the Skybox, you may also have the ability to make some of your information and Material accessible to other users and the public. Such information may be broadly and quickly disseminated.

6.2. Third Party Service Providers

6.2.1. Silicon Sky may use third party service providers to provide, analyse and/or improve the Services and/or its website (including, without limitation, to data storage, maintenance services, database management, web analytics, payment processing, and improvement of the Service’s features).
6.2.2. These third parties may have access to your information only for purposes of performing tasks on behalf of Silicon Sky. Silicon Sky shall ensure that such third parties establish and maintain the same security measures as set out in paragraph 11 of this Privacy policy.
6.2.3. Silicon Sky shall not sell your Personal Information to any marketing agency or such other agencies without your written consent

6.3. Third-Party Applications
Silicon Sky may share and disclose your information with a third party application for example, when you choose to access the Services through such application. Silicon Sky shall not be responsible for what those parties do with your information, so you should make sure you trust the application and that it has a privacy policy acceptable to you.

6.4. Compliance with Laws and Law Enforcement Requests

6.4.1. Silicon Sky shall be entitled to disclose and share your Personal Information if required by law, regulation or a court order to do so or in the case of a court action or application brought by you against Silicon Sky or its agents, employees or third party service providers.
6.4.2. If Silicon Sky, acting in good faith, is of the view that the disclosure of your information is necessary to protect and/or defend the rights and/or property of Silicon Sky (or its clients, agents, employees or third party service providers) Silicon Sky shall be entitled to disclose such information.
6.4.3. If Silicon Sky provides your Material to a law enforcement agency as set forth above, Silicon Sky shall ill remove Skybox’s encryption from the files before providing them to the law enforcement agency. However, Skybox shall not be able to decrypt any files that you encrypted prior to storing them on Skybox.

6.5. Other website links
Silicon Sky is not responsible for your access to or use of websites linked to or from Silicon Sky’s website, or the information or content contained therein. Should you make use of a link on Silicon Sky’s website, you should be aware that those websites are not subject to this Privacy Policy. Silicon Sky recommends that you review the privacy policy at each website to determine how that website protects your privacy.

6.6. Other
If the ownership of Silicon Sky’s business or company changes, Silicon Sky may transfer your information to the new owner in order for the new owner to continue to operate the business or company and provide the Services.

6.7. Non-private or Non-Personal Information
Silicon Sky may disclose your non-private, aggregated, or otherwise non personal information, such as usage statistics of the Services.

7. TRANS BOARDER TRANSFERS

7.1. Silicon Sky’s data centres reside on servers in United Kingdom and Unites States of America.

7.2. Different countries have different laws and rules regarding personally information, some of which provide more protection than others.
7.3. Should Silicon Sky transfer your Personal Information from one country to another country, it shall take reasonable and appropriate measures to protect such Personal Information.
7.4. By using the Services and/or Silicon Sky’s website, you are consenting to Silicon Sky transferring your Personal Information outside of your country of residence to foreign jurisdictions, namely United Kingdom and Unites States of America.

8. MARKETING

8.1. Silicon Sky may wish to contact you about other Silicon Sky products and services that may be of interest to you.

8.2. If you are not a customer of Silicon Sky:

8.2.1. you shall be given an opportunity to “opt in” if you wish to receive such marketing material in the future; and
8.2.2. if you choose not to do so (i.e. you do not “opt in”), it shall imply that you no longer wish to receive such marketing material.

8.3. If you choose to “opt in”, Silicon Sky may use your Personal Information to send you information about its other products and services.

8.4. If you are a customer of Silicon Sky:

8.4.1. you shall be given an opportunity to “opt out” if you no longer wish to receive such marketing material in the future; and
8.4.2. if you choose not to do so (i.e. you do not “opt out”), it shall imply that you wish to receive such marketing material. If you choose not to “opt out”, Silicon Sky may use your Personal Information to send you information about its other products and services.

9. ACCESSING, CHANGING OR DELETING YOUR INFORMATION

9.1. Silicon Sky shall try to keep your Personal Information accurate, complete and up to date. Please inform Silicon Sky if your information changes in order for it to correct and update its records.
9.2. If you are a registered user of Skybox, you may review, update, correct or delete the Personal Information set out in your account profile and on your profile page by changing your “Account Settings”.

9.3. You may ask Silicon Sky to:

9.3.1. confirm whether or not it holds your Personal Information, at no charge; and
9.3.2. give you a description of your Personal Information being held including, details of the parties who have or have had access to such information, at the prescribed fee.

9.4. You may also ask Silicon Sky to:

9.4.1. correct or delete your Personal Information that is inaccurate, irrelevant, excessive, incomplete, misleading or outdated; and
9.4.2. destroy or delete your Personal Information if it is no longer necessary for achieving the purposes set out in this Privacy Policy.

9.5. Silicon Sky will try to delete your information quickly upon request. However, there may be a delay or latency in deleting information from the servers, and backed-up versions might exist after deletion. In addition, Silicon Sky will not delete from the servers any Material that you have in common with other users.

10. RETENTION OF INFORMATION

Silicon Sky will only keep your Personal Information for as long as your account is active, in order for Silicon Sky to provide the Services or is otherwise necessary to fulfil the purposes set out in this Privacy Policy, unless Silicon Sky is required or allowed in terms of any applicable law to retain such information.

11. SECURITY

11.1. Silicon Sky shall take appropriate, reasonable, technical and organisational measures to prevent:

11.1.1. loss of, damage to or unauthorised destruction of Personal Information; and
unlawful access to or processing of Personal Information.

11.2. In order to give effect to the above, Silicon Sky shall take reasonable measures to:

11.2.1. identify reasonable foreseeable internal and external risks to Personal Information;
11.2.2.establish and maintain appropriate safeguards against the risk identified;
11.2.3. regularly verify that the safeguards are effectively implemented; and
11.2.4. ensure that the safeguards are continually updated in response to new risks or deficiencies in previously implemented safeguards.

12. CHANGES TO OUR PRIVACY POLICY

Silicon Sky may change this Privacy Policy from time to time, for example in order to address new issues, technologies and business practices. Silicon Sky shall post the updated version of the Privacy Policy on Silicon Sky’s website. Your continued use of Silicon Sky’s website and/or Services following the posting of the updated version of this Privacy Policy shall mean that you accept such version.

13. COMPLAINTS

Should you wish to lodge a complaint, please send the complaint to Silicon Sky, for the attention of the Information Regulator at Silver Stream Business Park, 10 Muswell Road, Bryanston, South Africa or by email to info@siliconsky.co.za.

14. CONTACT DETAILS

If you have any questions or concerns about this Privacy Policy, please send Silicon Sky an e-mail to info@siliconsky.co.za.