TERMS OF SERVICE AGREEMENT

Please read the following Terms of Service Agreement (“Agreement”) carefully before utilising the Namola Application (“the Application”). Use of the Application indicates that you (“the User”) have understood and agree to be bound by the terms and conditions of this Agreement. Namola EMS Group’s Privacy Policy (insert link for Privacy Policy) is incorporated by reference into this Agreement and is subject to this Agreement. Namola EMS Group 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 Application shall be governed by such amended terms and conditions of usage. This Agreement governs your use of the Application however accessed, including via a smartphone, tablet, or other mobile device.

If you do not agree to the terms of this Agreement, please do not use the Application. If you wish to register to make use of the Application, 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 Application regardless of whether you register an account as a User.

This Agreement was last revised on 1 November 2017.
You are advised to regularly check the Namola Website for any amendments or updates.
Enquiries: info@namola.com

1 DEFINITIONS

In this Agreement the following definitions apply:

  1. “Application” shall mean computer software designed to help a User perform specific tasks.
  2. “Community Safety Initiatives” shall mean community based programmes/bodies aimed at providing security and/or emergency response services to the areas in which they are located. Including but not limited to neighbourhood watches and community police forums.
  3. “Control Room” shall mean the Namola incident response coordinating call centre.
  4. “One-time PIN (OTP)” shall mean the numerical passcode sent to Users upon registration on the Application.
  5. “Operator/s” shall mean Namola Control Room employees tasked with linking incidents with Responders.
  6. “Platform” shall mean hardware architecture and software frameworks that allow Applications to run.
  7. “Push Notifications” shall mean the delivery of information from an Application to a user without a specific request from the user.
  8. “Responder/s” shall mean emergency response services. Including but not limited to police, ambulances, fire and rescue, private security and/or Community Safety Initiatives.
  9. “SAPS” shall mean the South African Police Service.
  10. “Service” shall mean the service offered via the Namola Application.
  11. “User/s” shall mean any individuals who make use of or accesses the Application.

2 REGISTRATION AND CREATION OF AN ACCOUNT

2.1 In order to access and use the Application, You must sign up as a User and create Your account. Once you have completed this process either via Facebook login or by providing a mobile phone number, You will receive a confirmation short message service (SMS) with Your one-time pin to verify Your mobile number. Once You have entered the PIN, You will be logged into the Application.
2.2 Upon Your first login, You will be asked, by Your mobile phone’s operating system, to enable push notifications and location services.
2.3 The Application requires access to Your location even when you are not using the Application. The Application requires location updates during an incident in order to provide assistance. The Application will not allow You to request assistance unless You have granted the Application location permissions.
2.4 Should the User disable push notifications for the Application, the User will not get update notifications during an incident unless the Application is open.
2.5 Should you select the option to join the Namola mailing list and receive news alerts, Namola EMS Group shall utilise the valid email addresses submitted by You to provide this information to You. Please contact us if You no longer want to receive these communications.
2.6 You must keep Your access details confidential and not allow others to use them. Security of the account is Your responsibility and Namola EMS Group assumes no liability for any loss or damage arising from any unauthorised use of Your account by a third party. You must notify Namola EMS Group immediately of any unauthorised use of the account or any other breach of security.
2.7 In the event of the security of Your account being compromised, We reserve the right to suspend the processing of any communications and will immediately deactivate the associated login credentials. You shall refrain from using the Namola Service until new login credentials are issued.
2.8 You hereby indemnify and hold Namola EMS Group, 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.
2.9 By registering on the Namola Application, You agree to refrain from:
a) selecting or using a name, mobile phone number, or e-mail address of another person with the intent to impersonate that person;
b) using a name, mobile phone number, or e-mail address subject to the rights of any person without their authorisation;
c) using “bots” or other automated ways to create an account; or
d) using name in violation of the intellectual property rights of any person.

3 PERMITTED USE OF THE SERVICES

3.1 The Namola Application enables Users to request emergency assistance. The Application facilitates the request by linking the User with a Responder. Note that the Application is not a replacement for the 10111 SAPS service.
3.2 Should the User be outside the coverage area, they will not be able to request assistance, but instead will be presented with the option to phone 10111.
3.3 Users shall use the Application for personal, non-commercial use only.
3.4 Every effort is made to ensure that the Application is operational. However, Namola EMS Group takes no responsibility for, and will not be liable for, the Application being temporarily unavailable due to technical issues beyond the control of Namola EMS Group.
3.5 Namola EMS Group makes no warranty that the User’s access to the Application will not be uninterrupted. Namola EMS Group may carry out maintenance or introduce new facilities and functions from time to time. The User agrees and accepts that as a result specific interruptions and unavailability of the Application and/or Service may occur.

4 DEVICE REQUIREMENTS AND COMPATIBILITY

4.1. Namola EMS Group does not warrant that the Application will be compatible with your mobile device.
4.2. The availability of the Service is subject to the following requirements for the functionality of the Application:
4.2.1. the mobile communication device used to access the Application must be powered on;
4.2.2. the mobile communication device used to access the Application must not be damaged such that it is unable to communicate (transmit) data to the Namola Control Room;
4.2.3. the mobile communication device used to access the Application shall have text messaging capability;
4.2.4. the mobile communication device used to access the Application must be within the relevant User’s communication network operator’s data coverage area and the User’s data communication services from the relevant network operator must be enabled and operational; and
4.2.5. the (global positioning facility) GPS on the mobile communication device used to access the Application must be enabled.
4.3. The terms of agreement with the User’s respective mobile communications network provider will continue to apply when using the Application.
4.4. Namola EMS Group shall not be liable for any communication, software or hardware costs the User may incur in connection with access or use of the Application.

5 APPLICABLE RESTRICTIONS FOR ALL USERS

5.1 You may not use the Application 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 Application or Website. Unauthorised use of this Application may result in Namola EMS Group instituting a claim for damages against You and/or You may be found guilty of a statutory and/or criminal offence.
5.2 The User shall be 18 years of age or over to download, install, access or use the Application. Users under the age of 18 shall obtain consent from a parent or guardian prior to downloading, installing, accessing or using the Application.
5.3 By using or accessing the Application, You agree to refrain from the following conduct:
a) transmitting any worms, viruses, trojan horses, worms, 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 Application and/or the services, including by using any software, routine or device that will or may interfere with the tools, services and/or Application, such as viruses, trojan horses, worms, time bombs, or cancelbots and/or other codes or malware of a destructive nature;
b) intercepting any data or personal information of any User or third party transmitted on or via the Application;
c) using the Application to perform or promote any act that is unlawful, misleading, malicious, defamatory, or discriminatory;
d) performing any action that may disable, override or impair the efficient and/or proper operation or working of the Application;
e) sharing content, taking or mobilising action using the Application in a way that infringes or violates any person’s rights or the laws of any jurisdiction;
f) utilising the Application for any illegal or unauthorised purposes; and
g) violating any laws in any jurisdiction, including but not limited to any intellectual property laws.
5.4 Any act or omission which results in a failure to abide by the restrictions set out, as determined by Namola EMS Group in its sole discretion, will result in immediate suspension or termination of the account.
5.5 We are not liable to You nor any third party for any breach of Your obligations 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.
5.6 Unauthorised use of the Application includes engaging personally or permitting a third party to engage in the following activities:
a) copying, adapting, modifying, publishing, republishing, distributing or redistributing this Application or the material on the Application without Namola EMS Group’s prior written consent;
b) using any automated data collection, data mining or data gathering methods of any kind in relation to the Application;
c) reverse engineering, disassembling, decompiling, transferring, exchanging or translating the source code of the Application;
d) making and distributing copies of the Application or allowing such activity by third parties on Your behalf;
e) creating derivative works of the Application of any kind.
5.7 Failure to comply with these provisions will result in Your account being deactivated without prior notice. In addition, Namola EMS Group 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.

6 THIRD PARTY SERVICE PROVIDERS

6.1 In order to provide the Service to the User, the User acknowledges and agrees that Namola EMS Group has a dependency on third party service providers including but not limited to:
6.1.1 Emergency response teams;
6.1.2 The South African Police Service;
6.1.3 Medical emergency response teams; and
6.1.4 Community Safety Initiatives.
6.2 The User agrees that Namola EMS Group shall not be liable for any failures to render the Service attributable to such third parties.
6.3 The User agrees that the medical emergency service provider shall render the Service to the User on a user-to-pay basis, i.e. the User shall be directly liable to such service provider for the fees associated with the service provider’s service.
6.4 You hereby release Namola EMS Group, 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:
a) Any services of third parties to Namola EMS Group related to the Application;
b) any interactions with other Users on the Application, or
c) any interactions with any Responder;
d) any technical issues or other service issues (including third party service issues) that may lead to a delay in response or a delay in services to You.

7 CONTROL ROOM RESPONSIBILTIES

7.1 As soon as the User has requested assistance from the app, the Incident is assigned to an operator in the Namola Control Room.
7.2 Operators are employed by Namola EMS Group and their backgrounds are verified which includes collecting copies of certain basic information submitted by the Operators in relation to their identity, experience, training, qualifications and references.
7.3 Operators are required to conduct themselves (in line with our Code of Conduct for Operators) in a professional and respectful manner fitting of a Namola Operator in their dealings with Users.
7.4 Operators are under a duty to present themselves in a lawful, honest and accurate manner, and in such a way so as not to mislead a User.
7.5 Note all calls made to or by the Control Room via the Application will be recorded and stored in accordance with privacy laws, regulatory records retention requirements and legitimate operational requirements. You consent to the retention of records.

8 INCIDENT HISTORY

Namola EMS Group has access to past incident reports and can generate internal reports for its own business processes.

9 PROTECTION OF PERSONAL INFORMATION

Any personal information supplied to Namola EMS Group in relation to the Application 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 www.namola.com/privacy.

10 INTELLECTUAL PROPERTY

10.1 All content made available to You though the Application, 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 Application is the exclusive property of Namola EMS Group and is protected by South African and international copyright laws.
10.2 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. Namola EMS Group 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.
10.3 Nothing on the Application should be regarded as granting any licence or right to use any trademark without Namola EMS Group’s prior written permission and/or that of the relevant third party.
10.4 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 Application.
10.5 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

11.1 YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT DOWNLOADING AND/OR USAGE OF THE SERVICE, APPLICATION AND WEBSITE AND RELIANCE ON THE SERVICE IS ENTIRELY AT THE DISCRETION AND RISK OF THE USER. NAMOLA EMS GROUP, IN ITS DISCRETION, RESERVES THE RIGHT AT ANY TIME TO CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO: CONTENT, FUNCTIONALITY, HOURS OF AVAILABILITY AND EQUIPMENT NEEDED FOR ACCESS OR USE OF THE APPLICATION. NAMOLA EMS GROUP SHALL ATTEMPT TO MAINTAIN THE AVAILABILITY AND ACCESSIBILITY OF THE SERVICE; HOWEVER, NAMOLA EMS GROUP TAKES NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE FOR, THE APPLICATION BEING TEMPORARILY UNAVAILABLE OR INACCESSIBLE FOR REASONS BEYOND NAMOLA EMS GROUP’S CONTROL.
11.2 Namola EMS Group shall not be liable for damage to, or viruses or other code that may affect any equipment, software, data or other property as a result of the User downloading, installing, accessing or using the Application.
11.3 Namola EMS Group shall not be liable for any errors, inaccuracies or omissions in regard to the information and materials provided on the Application.
11.4 Namola EMS Group shall not be held liable for occasions where the emergency response alert is triggered in error.
11.5 Namola EMS Group shall not be liable for occasions where the emergency response alert is triggered due to abuse or excessively frequent requests via the Application. Such abuse may result in the temporary or permanent suspension of the User’s access to the Application. Namola EMS Group, in its sole discretion, will determine abuse or excessive usage of the Application. Namola EMS Group shall make a reasonable effort to notify the User prior to such suspension.
11.6 The User acknowledges that Namola EMS Group will not be held liable for the manner in which the Responder provides assistance, the time it takes for the Responder to assist or the consequences of delayed assistance by the Responder.
11.7 Namola EMS Group shall not be responsible or liable for any direct, indirect, incidental, consequential or any other damages arising out of or relating to the Service and any content or information contained within the Service, and/or any Third Party site. The Service shall only be effective within the borders of the Republic of South Africa, and Namola EMS Group shall not be liable for any damages relating to the availability/non-availability of an operator, and/or the connection to an operator during a call.

12 NO WARRANTIES

12.1 You expressly agree that use of the Application 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 Application, 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.
12.2 The Application is provided on an “as is” and “as available” basis. Namola EMS Group makes no warranty that the Application will meet Your requirements or that the Service will be available and uninterrupted. Namola EMS Group does not make any warranties as to the results that may be obtained from the use of the Application or to the accuracy of the information and the reliability of the information obtained through the Application. Namola EMS Group does not warrant that defects on the Application will be corrected.
12.3 Namola EMS Group 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.
12.4 Namola EMS Group makes all reasonable efforts to ensure that all material and information provided in relation to the Application is correct but cannot represent or guarantee the accuracy thereof. As such, Namola EMS Group and/or its partners, sponsors, affiliates or agents, make no warranties or representations as to the accuracy of the Application’s content, information, and materials which are provided to You, as is and as available.
12.5 Namola EMS Group makes no warranty regarding any dealings with or transactions entered into with any other parties through the Application. The entire risk as to satisfactory quality, performance, accuracy, effort and results to be obtained through the use of the Application is with You. No advice or information, whether oral or written, obtained by You from Namola EMS Group or through the Services shall create any warranty not expressly made herein.

13 DOMICILIUM, JURISDICTION AND ARBITRATION

13.1 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 Johannesburg, South Africa and each party hereby consents to the jurisdiction of the courts thereof.
13.2 You agree that any dispute regarding this Agreement that cannot be resolved amicably, shall, first be referred to confidential arbitration in terms of the rules of the Arbitration Foundation of South Africa prior to proceeding to Court and such arbitration shall be conducted in English in Cape Town.
13.3 Namola EMS Group confirms the domicilium citandi et executandi for all purposes associated with the Application, transactions pertaining to the Application, including the giving of any notice, the payment of any sum, the serving of any process, as follows:
Namola EMS Group (Pty) Ltd
Physical Address: 156 Dorp Street, Stellenbosch 7600, South Africa
Postal address: 156 Dorp Street, Stellenbosch 7600, South Africa
Electronic mail address: info@namola.com
Marked for the attention of: Peter Matthaei
13.4 Namola EMS Group does not receive legal notice or accept the serving of documents attached to legal processes on Namola EMS Group by electronic mail.

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 Namola EMS Group and represents the information that must be provided by Namola EMS Group to You in compliance with Section 43 of the Electronic Communications and Transactions Act 25 of 2002. You are advised to regularly check this section of the Terms of Service for any amendments or updates.

Full Name Namola EMS Group (Pty) Ltd
Legal Status Private Company
Company Registration Number 2016/317798/07
Place of Registration Stellenbosch, South Africa
Directors CDA Rivett, PE Matthaei
Physical Address 156 Dorp Street, Stellenbosch 7600, South Africa
Postal Address 156 Dorp Street, Stellenbosch 7600, South Africa
Physical Address for receipt of legal documents 156 Dorp Street, Stellenbosch 7600, South Africa
Telephone Number +27 (21) 882 9757
E-mail address info@namola.com
Website Address www.namola.com
Membership to self-regulatory and/or accreditation bodies
Description of products and/or services offered Mobile Safety App
Full price of products and/or services offered Free
Manner of payment for products and/or services offered N/A
Manner and period within which consumers can access and maintain a full record of applicable transactions Users can access their incident history for a period of 5 years through the mobile app
Return, Exchange and Refund Policy N/A
Alternative Dispute Resolution code to which Namola EMS Group subscribes
Codes of Conduct to which Namola EMS Group subscribes
Applicable terms of agreement, including any guarantees
Privacy Policy www.namola.com/privacy

PRIVACY POLICY

THIS PRIVACY POLICY (“POLICY”) GOVERNS THE COLLECTION, MANAGEMENT AND DISCLOSURE OF PERSONAL INFORMATION THAT NAMOLA EMS GROUP (PTY) LTD (“WE”, “US” OR “OUR”) COLLECTS THROUGH THE NAMOLA APPLICATION (“APPLICATION”) AS WELL AS THE NAMOLA CONTROL ROOM (“CONTROL ROOM”). WE RESPECT YOUR RIGHTS TO RESPONSIBLE MANAGEMENT OF YOUR PERSONAL INFORMATION UNDER THE PROTECTION OF PERSONAL INFORMATION ACT 4 OF 2013 (“THE ACT”). FOR THE PURPOSES OF THIS POLICY, PERSONAL INFORMATION IS DEFINED IN ACCORDANCE WITH THE DEFINITION PROVIDED IN THE ACT. YOUR USE OF THE APPLICATION IS SUBJECT TO THIS POLICY. BY USING THIS APPLICATION, YOU SIGNIFY YOUR CONSENT OR IF YOU ARE YOUNGER THAN 18, YOU ACKNOWLEDGE THAT YOU HAVE OBTAINED CONSENT FROM A PARENT OR GUARDIAN AND THAT YOU ARE NOT IN ANY WAY OBSCURING THE DUTY TO OBTAIN SUCH CONSENT, TO PROCESSING OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY. NAMOLA EMS GROUP MAY AMEND THIS POLICY AT ANY TIME. ALL AMENDED TERMS SHALL BE EFFECTIVE IMMEDIATELY UPON THE REVISED POLICY BEING MADE AVAILABLE AND ANY SUBSEQUENT ACTIVITY IN RELATION TO THE APPLICATION SHALL BE GOVERNED BY SUCH AMENDED TERMS AND CONDITIONS OF USAGE. IF YOU DO NOT AGREE WITH ANY TERM IN THIS POLICY, PLEASE DO NOT USE THIS APPLICTION OR SUBMIT ANY PERSONALLY IDENTIFIABLE INFORMATION THROUGH THIS APPLICATION.

This Agreement was last revised on 1 November 2017.
You are advised to regularly check the Website namola.com for any amendments or updates.
Enquiries: Peter Ernst Matthaei
privacy@namola.com

DEFINTIONS

  1. “Application” shall mean the Namola Application that allows Users to request emergency assistance.
  2. “Child” shall mean a natural person under the age of 18.
  3. “Competent Person” shall mean a person who is legally competent to consent to any action or decision being taken in respect of any matter concerning a child.
  4. “Personal Information” shall mean personal information as defined in the Protection of Personal Information Act , South Africa including information relating to
    1. the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person;
    2. information relating to the education or the medical, financial, criminal or employment history of the person;
    3. any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person;
    4. the biometric information of the person;
    5. the personal opinions, views or preferences of the person;
    6. correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;
    7. the views or opinions of another individual about the person; and
    8. the name of the person if it appears with other Personal Information relating to the person or if the disclosure of the name itself would reveal information about the person.
  5. “Special Personal Information” shall mean personal information as defined in the Protection of Personal Information Act, South Africa including information relating to
    1. the religious or philosophical beliefs, race or ethnic origin, trade union membership, political persuasion, health or sex life or biometric information of the person; or
    2. the criminal behaviour of a data subject to the extent that such information relates
      a) to the alleged commission by the person of any offence; or
      b) any proceedings in respect of any offence allegedly committed by the person or the disposal of such proceedings.
  6. “User/s” shall mean any individuals who make use of or access the Application.

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 and/or email address. 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. Namola EMS Group strives to ensure that the conditions set out in the Act and all the measures that give effect to such conditions, are complied with when processing Personal Information. In particular, Namola EMS Group 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.

2 COLLECTION OF PERSONAL INFORMATION

2.1 Namola EMS Group collects and processes information that can be used to identify You personally that is necessary to providing, facilitating and maintaining the Application and associated services.
2.2 Subject to consent, we collect Personal Information/Special Personal Information from the following entities:
a) natural persons over 18;
b) natural persons under the age of 18, we collect Special Personal Information with the consent of the parent, legal guardian or Competent Person;
c) Registered Application users; and
d) people who send enquiries or requests to our contact email address.
2.3 As a parent, guardian or Competent Person, on behalf of the child, You consent to the collection, processing, sharing and storage of Special Personal Information for the purpose of facilitating access to the Application.
2.4 Personal Information that may be collected by Namola EMS Group includes:
2.4.1 First and last name;
2.4.2 Age;
2.4.3 Country of residence;
2.4.4 Location information;
2.4.5 Province;
2.4.6 Physical address;
2.4.7 Mobile phone number;
2.4.8 Email address;
2.5 Namola EMS Group collects and processes Personal Information that is provided to them by Users and or parents, guardians and/or Competent Person in the following instances:
2.5.1 On registration for use of the Application and associated services;
2.5.2 Upon use of the Application;
2.5.3 Upon requesting emergency assistance; and
2.5.4 Via correspondence via e-mail, fax, telephone and post.
2.6 Namola EMS Group retains records for a period that is longer than is required by law and You hereby consent to such retention of Personal Information/Special Personal Information.
2.7 There may be instances where we may also collect some information that is not Personal Information/Special Personal Information because it does not identify You or anyone else (we may collect anonymous answers to surveys or aggregated information about how You use our Application).
2.8 If You use our Application, we use tracking technologies to collect information such your activity or the information You request. This information collected is kept confidential. The use of tracking technologies enables us provide the emergency response service.

3 USE AND PURPOSE OF COLLECTING PERSONAL INFORMATION

3.1 The primary purpose for collecting and processing Your Personal Information is to enable us to provide You access to the Application and the emergency response service. Namola EMS Group also collects and processes Personal Information in order:
3.1.1 to identify the User to effect the Application registration process;
3.1.2 to provide information to emergency response operators when assistance is requested;
3.1.3 to re-confirm user information whenever the User logs onto a new device;
3.1.4 to communicate with the User;
3.1.5 to verify the User’s identity;
3.1.6 to process and respond to any complaint made by You;
3.1.7 to enable ease of use of the Application;
3.1.8 to assess the performance of the Application and emergency response service;
3.1.9 to engage in legitimate electronic communications and transactions with You;
3.1.10 to provide feedback on any related enquiries;
3.1.11 to provide You with direct marketing material;
3.1.12 to update our records and keep Your contact details up to date;
3.1.13 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.
3.2 We are also able to use the information collected, including the voice recordings, to improve our internal technical and business processes. We research users’ habits, measure traffic patterns in the aggregate, analyse trends, administer the Application, track users’ actions and gather broad demographic information.
3.3 In some instances, Namola EMS Group may also collect sensitive information about users, such as information about their racial or ethnic origin. Consent is obtained for the collection of such information.

4 CONSENT FOR PROCESSING PERSONAL INFORMATION

4.1 By using the Namola Application, You hereby consent to Your Personal Information (including Special Personal Information) 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.
4.2 By Using the Application, You represent that You are of the age of 18 or where You are under 18, a Competent Person has given consent to allow You to utilise this Application. This consent is effective on access to the Application.
4.3 You, or a Competent Person in the case of a child, consent/s to the processing of Personal Information/Special Personal Information. As a Competent Person You agree that giving such consent means that You have given Namola EMS Group permission to collect and process the child’s Special Personal Information in the ways described in this Policy.
4.4 You understand that Your consent to the processing of Your Personal Information/Special Personal Information by Namola EMS Group pertains to the provision of information and the Application; as well as associated purposes.
4.5 Personal Information/Special Personal Information may be processed by Namola EMS Group in the country where it was collected as well as other countries where laws regarding processing of Personal Information differ.
4.6 Should You select the option to join the Namola mailing list and receive news alerts, You consent to the receipt of direct marketing communications regarding all business activities and news.
4.7 You expressly consent to Namola EMS Group retaining Your Personal Information/Special Personal Information once Your relationship with Namola EMS Group has been terminated and using the information for aggregate, statistical and reporting purposes.

5 HANDLING OF PERSONAL INFORMATION

5.1 Namola EMS Group endeavours to comply with all laws and regulations applicable to Namola EMS Group pertaining to information and communications privacy including, but not limited to, the 1996 South African Constitution and the Protection of Personal Information Act 4 of 2013 (“the Act”). Namola EMS Group applies the principles of protection of Personal Information under the Act and further legislation referred to in the Act.
5.2 Namola EMS Group 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 this Personal Information changing post submission, it is Your responsibility to immediately notify Namola EMS Group of the said changes by email to privacy@namola.com.
5.3 You agree to indemnify and hold Namola EMS Group, its officers, directors, employees, agents, and suppliers harmless from and against any claims, damages, actions and liabilities including without limitation, indirect, incidental, special, consequential or punitive damages arising out of Namola EMS Group’ reliance on Your personal information should Your personal information contain any errors or inaccuracies.
5.4 You warrant that You have the authority, permissions and consent to provide Namola EMS Group with any third party information submitted to Namola EMS Group.
5.5 Namola EMS Group will take all reasonable measures in order to ensure Your Personal Information is appropriately safeguarded, these precautions include, but are not limited to: firewalls, access control mechanisms via private keys, and software protection for information security.

6 THIRD PARTY ACCESS TO PERSONAL INFORMATION

6.1 Namola EMS Group may share Your PersonaI Information with authorised third parties such as service providers to Namola EMS Group. These include, but are not limited to, data hosting service providers.
6.2 When emergency assistance is requested via the Application, Namola EMS Group will share your Personal Information with third parties such as the emergency responder. You consent to this sharing of information.
6.3 Namola EMS Group does not permit these parties to use such information for any other purpose than to perform the services that Namola EMS Group has instructed them to provide. All processing is compatible with such purpose.
6.4 Namola EMS Group may appoint certain agents, third parties and/or service providers which operate outside the borders of the Republic of South Africa. In these circumstances Namola EMS Group will be required to transmit Your Personal Information outside South Africa. The purpose of the trans-border transfer of Your Personal Information may include, but is not limited to: data hosting and storage. You expressly consent to the trans-border flow of Your Personal Information.

7 RETENTION AND RESTRICTION OF RECORDS

7.1 On receipt of instructions from You, Namola EMS Group will destroy or delete a record of Personal Information about You which Namola EMS Group is no longer authorised to retain. This is subject to certain exceptions such as retaining records that Namola EMS Group is required by law to retain. Namola EMS Group is entitled to retain de-identified information for authorised or legitimate purposes.
7.2 In the event that You wish to revoke all consent pertaining to Your Personal Information and/or You would like Namola EMS Group to remove and/or delete Your Personal Information entirely, You may contact Namola EMS Group via email at privacy@namola.com.
7.3 Records relating to the provision of information to and/or by You can be retained by Namola EMS Group in terms of legislative records retention provisions and includes Your Personal Information and/or Special Personal Information.
7.4 Namola EMS Group retains records for a period that is longer than is required by law for statistical or research purposes.

8 UPDATING OF PERSONAL INFORMATION

8.1 You may request access to any Personal Information/Special Personal Information we hold about You at any time by contacting us on privacy@namola.com.
8.2 If You believe that Personal Information/Special 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.
8.3 Where we hold information that You are entitled to access, we will try to provide You with suitable means of accessing it (for example, by mailing or emailing it to You). We may charge You a fee (as allowed for under the Promotion of Access to Information Act) for our administrative and other reasonable costs in providing the information to You. We will not charge for making the request and will not charge for making any corrections or updates to Your Personal Information/Special Personal Information.
8.4 There may be instances where we cannot grant You access to the Personal Information/Special 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.

9 DISCLOSURE OF PERSONAL INFORMATION

9.1 Business records relating to the provision of information or the Application to You can be retained by Namola EMS Group in terms of legislative records retention provisions and includes Your Personal Information. Records can be retained for operational purposes or for evidential purposes. Where Namola EMS Group shares Your Personal Information/Special Personal Information with Employees and other Users, Namola EMS Group does not permit such parties to use the information for any other purpose than those pertaining using, maintaining and/or running to the Application and associated services.
9.2 We may disclose Your Personal Information/Special Personal Information to:
9.2.1 our employees to enable us to operate;
9.2.2 fulfil requests by You, and to otherwise provide information and services to You;
9.2.3 suppliers and other third parties with whom we have commercial relationships, for business and related purposes; and/or
9.2.4 any organisation for any authorised purpose with Your express consent.
9.3 We may further disclose your Personal Information/Special Personal Information in the following instances:
a) To comply with the law or legal process;
b) To protect Namola EMS Group’ rights, facilities and other property;
c) To protect Namola EMS Group against any misuse or unauthorised use of the Application; and
d) To protect Users or third parties affected negatively by Your action in using the Application.
9.4 We will disclose Personal Information/Special 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 or alter information that it has stored.
9.5 Personal Information is stored on servers both inside and outside of South Africa.
9.6 We have placed security safeguards to protect Your Personal Information/Special 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/Special Personal Information whilst under the care of the third party.

10 SECURITY OF PERSONAL INFORMATION

10.1 We take reasonable steps to ensure Your Personal Information/Special Personal Information is protected from misuse, loss and from unauthorised access, modification or disclosure. We may hold Your information in either electronic or hard copy form. We use third parties who may have access to Your Personal Information and who have undertaken to protect Your Personal Information.
10.2 Should an unauthorised person/s gain access to Your Personal Information Namola EMS Group will contact You within a reasonable time to inform You of such access.
10.3 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/Special Personal Information or other information which You transmit to us online is transmitted at Your own risk.

11 DATA SUBJECT PARTICIPATION

Should You have enquiries concerning Personal Information processed by Namola EMS Group, You can request feedback that describes the Personal Information held by Namola EMS Group, and information about third parties, or categories of third parties who provide services to Namola EMS Group, who have, or have had, access to the information. You may request Namola EMS Group 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 a Personal Information that Namola EMS Group is no longer authorised to retain. As a User, You have the right to request access, correction or deletion of Your Personal Information.

12 INDEMNITY

You agree to indemnify and hold Namola EMS Group, 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 Namola EMS Group’ reliance Your Personal Information should Your Personal Information contain any errors, inaccuracies or be irrelevant to the use of the Application.

13 CONTACTING US

13.1 Should You have any questions about this Privacy Policy, or require a correction to be made to Your Personal Information that Namola EMS Group keeps on record, or a copy of the record itself, or should You feel that You would like to object to the collection, Use or processing of Your Personal Information by Namola EMS Group, or that You would like us to delete Your personally identifiable information, then kindly send an e-mail to privacy@namola.com. We will endeavour to make the correction, provide You with the record, cease processing of Your Personal Information and/or delete it, in accordance with Your request.
13.2 We will treat Your requests or complaints confidentially.