of World Trade Centre Twente, Industrieplein 1, Hengelo, 7553LL, Netherlands
(as the “Company”)
1 In terms of Section 11 of the Electronic Communications and Transactions Act 25 of 2002, as amended (“ECTA”) these Terms and Conditions (“T&C’s”) are binding and enforceable against all persons that access the Blockchain Platform (the “Platform”) or any part thereof or make use of the Platform.
2 If you do not agree with the T&C’s, do not accept and do not click the accept box. Leave immediately and terminate use of the Platform. Any delay in leaving and terminating use of the Platform shall be regarded as the User’s full and unconditional understanding and acceptance of these T&C’s.
3 DEFINITIONS AND INTERPRETATIONS
In these T&C’s, unless the context indicates that some other meaning is intended:
3.1 “User” means a Registered User who has completed the electronic registration for the Platform as a User who is a natural or a juristic person and utilises the Platform of the Company as listed on the Website;
3.2 “Blockchain Platform” or “Platform” means the Online Platform located on the Website;
3.3 “Pétanque NXT” means the website hosted on the domains Pétanque-c.com , pnxtblock.com and PétanqueNX.T.
3.4 Any words indicated with inverted commas and starting with a capital letter shall bear the definition of the phrase or concept immediately preceding same as if it were included as a definition in terms of this clause;
3.5 References herein to the singular include the plural and vice versa; and
3.6 Hyperlinks have been used in these T&C's. The fact that some or all of the hyperlinks may be non-operational shall not play a role in the determination of the validity and interpretation of these T&C's.
3.7 The Company will respect the privacy of the Registered Users and will take reasonable measures to protect it, as more fully detailed below.
3.8 When registering on the Platform the Company will require that Registered Users provide it with personal information.
3.9 Should the Registered User’s personal information change, the Registered User shall inform the Company and provide it with updates to his/her/its personal information as soon as reasonably possible to enable the Company to update such personal information.
3.10 The Registered User may choose to provide additional personal information to the Company, in which event the Registered User agrees to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent their affiliation with anyone or anything.
3.11 The Host authorises Pétanque NXT Smart Solutions BV, and it’s partners to issue the blockchain certificate on their behalf, once an internship is complete, together with the meta data linked to their logo, company name, project name, intern name, date started and date completed, when the Host clicks the “Internship complete, create certificate here” button on their home page.
4 ELIGIBILITY
The Registered User must be at least 16 (sixteen) years of age to register on the Platform and utilise the products or services provided. By registering on the Platform, the Registered User warrants that it has the legal capacity to do so and to enter into a binding agreement with the Company.
5 REGISTERED USER ACCOUNT
5.1 The Registered User may utilise the product or services of the Platform by signing in to the Registered User’s account through several ways, including through Social Media Platforms. Should the Registered User access the Platform through a Third-Party Social Media Platform, the Registered User authorises the Company to access and use certain information obtained therefrom.
5.2 The Registered User is responsible for maintaining the confidentiality of its login credentials. Should the Registered User believe an unauthorised individual has gained access to their account, the Registered User is to contact the Company immediately.
6 PURPOSE AND MANNER OF PERSONAL DATA COLLECTION AND USE
6.1 The Company collects and processes personal data in accordance with the provisions of the European Union General Data Protection Regulation (“GDPR”) and Protection of Personal Information Act, No 4 of 2013 (“POPIA”), as amended and other regulations in force in the Republic of South Africa.
7 PRIVACY STATEMENT IN TERMS OF THE GDPR AND POPIA
7.1 The following data will be collected:
7.1.1 The Registered User’s Name, Email Address, Telephone Number, Address, IP address, Qualifications, Project Requirements, Certifications, Skills, Usage Date, Company Information, Type of Mobile device used, Mobile Device Unique ID, Mobile Device IP address, Unique Device Identifiers browsing habits and click patterns, keys.
7.1.2 Should the Registered User register through a Third-Party Social Media Service such as LinkedIn, Instagram, Facebook or other, the Company may collected personal information already associated with the Third-Party Social Media Service.
7.1.3 As and when necessary, the Company may electronically collect, store, disclose and/or use the personal information.
7.1.4 Information collected from Registered Users is required to utilize the functionality of the Platform, to provide services to the Registered User as instructed and requested by the Registered User, and to compile non-personal statistical information about the Registered User’s browsing habits, click patterns and access to the Website. Such information shall not be used for any other purpose without the Registered User’s prior consent.
7.1.5 All information collected is kept strictly confidential, and all reasonable steps are taken to ensure that information is secured in storage until ultimate destruction. It will not be shared with any third party without the prior written consent of the Registered User.
7.1.6 The Company shall take all reasonable steps to protect the personal information of Registered Users and is committed to respecting the privacy of the Registered User’s personal information. For the purpose of these T&C’s, “personal information” shall be defined as detailed in the POPIA. As and when necessary, The Company may electronically collect, store, disclose and/or use the Registered User’s personal information.
7.1.7 The Company will ensure that all it’s employees, third-party service providers, (including their employees and third-party service providers) having access to the Registered User’s personal information are bound by appropriate and legally binding confidentiality obligations in relation to the Registered User’s personal information and that such confidentiality meets any applicable law, regulation, legal process, or enforceable governmental request.
7.1.8 The Registered User’s personal data will be hosted and stored in countries which might not have the adequacy decision of the European Union; other third-party contractors may have access to the Registered User’s data only for the purpose specified herein, and the access of such third parties is strictly controlled.
7.1.9 Whenever the Company is sending data to countries that are not providing the same level of protection as the EU’s GDPR, the Company will use appropriate safeguards to protect the Registered User’s personal data, including but not limited to Standard Contractual Clauses for Processors.
7.2 The Company collects stores and uses the abovementioned information in order to:
7.2.1 Communicate requested information to Registered Users;
7.2.2 Respond to queries, responses or complaints submitted by Registered Users;
7.2.3 Process orders or applications for The Company Products and/or services;
7.2.4 Create Products or services that may meet the future requirements of Registered Users;
7.2.5 Provide and maintain the products or services to the Registered Users, including the monitoring of the usage of the Platform and its services;
7.2.6 Create a blockchain certificate using the personal information collected, and to provide this blockchain certificate to the Registered User;
7.2.7 Provide Registered Users with access to restricted pages on the Platform;
7.2.8 Facilitate access to the personal information of Registered Users stored in the blockchain where the Registered User has granted access to this information by sharing their public or private key with another party; and
7.2.9 Compile non-personal statistical information about browsing habits, click patterns and access to the Platform.
7.3 Personal information detailed above is collected and/or stored either electronically using “cookies” or is provided voluntarily with the Registered User’s knowledge and consent. The Registered User can determine any use of cookies through your browser settings but note that turning off cookies may cause certain features of the online services or Platform to be unavailable to the Registered User.
7.4 The Company may further collect non-personal information, for example, the Registered User’s IP address, the date and time of their visits to the Platform, and browser history, to recognise the Registered User during any subsequent visits to the Platform and/or use of the online services. The Company may further use this non-personal information to develop future products and/or services to meet the Registered User’s requirements and needs.
7.5 The Company owns and retains all rights to the non-personal statistical information collected and compiled by the Company.
7.6 The Company will not share the Registered User’s personal information outside of the Company except in the following cases:
7.6.1 With prior consent;
7.6.2 With its employees and/or third-party service providers who assist with the Platform;
7.6.3 When processing of information is necessary for the performance of a contract with the Registered User;
7.6.4 When The Company has a legal obligation to share the information;
7.6.5 When the information is necessary in order to protect the vital interests of the Registered User or of another person;
7.6.6 When the information is necessary for the performance of a task carried out in the public interest or the exercise of official authority vested;
7.6.7 When the information is necessary for the purposes of the legitimate interests pursued by the Company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the Registered User which require protection of personal data.
7.7 Users are not allowed (hereinafter “Prohibited Practices”) to:
7.7.1 Use the Platform in a manner which may cause damage to the Company, other Users or any third party;
7.7.2 Undermine the security or integrity of any of the Company’s computing systems or networks;
7.7.3 Use the Platform in any way to impair functionality or interfere with other Users;
7.7.4 Access the Platform or Website without permission;
7.7.5 Make use of the Company’s systems to commit fraud;
7.7.6 Act in a manner that is disrespectful or abusive to the Company systems and staff;
7.7.7 publish, upload, exchange or transmit Prohibited Content;
7.7.8 publish, upload, exchange or transmit any content that the Registered User knows to be false or untrue, or has justifiable reasons to believe it to be false or untrue, and whose use may cause damage to the Company , other Users or third parties;
7.7.9 for any Registered User misrepresenting him/her/itself for the purpose of deceiving the Company, the Users or third parties;
7.7.10 publish, upload, exchange or transmit to the Company, other Users or third parties any unwanted notices or other content of commercial or malicious nature, without prior request or consent, mainly including notices and other content of the same or similar nature;
7.7.11 purposeful publishing, uploading, exchange or transmission of any content containing computer viruses, worms, and programs that may obstruct or hinder the regular operation of the Platform, cause damage or destruction of any computer program, or any computer and other equipment owned by the Company other Users or third parties;
7.7.12 collect, process or use personal data of the Registered Users or third parties in an unauthorised manner;
7.7.13 engage in overt or covert advertising (verbal or graphic representation of Products, personal names, names of companies, names, trademarks (registered or unregistered trademarks and service marks), businesses etc.) in an unauthorised manner.
8 COLLECTION AND PROCESSING OF PERSONAL DATA BY OTHER USERS OR THIRD PARTIES
The Platform contains content and may contain Links to third-party Platform, through which other Registered Users or third parties may gain authorised or unauthorised access to the Registered User’s personal data. These T&C’s do not apply to the collection, processing or use of personal data that the Registered User has communicated to other Registered Users and/or third parties. It is in the Registered User’s best interest to acquaint themselves with the rules of personal data protection, and the protection of privacy applied by other Registered Users and/or third parties.
9 MODIFICATION AND DELETION OF PERSONAL DATA
9.1 The nature of the technology and the blockchain to be utilised does not enable the Company to delete the personal data or the deletion from the Registered User database. The Company warrants that the records are de-identified and secure thus no party will have access to the records or be able to identify the Registered User to which the records pertain, unless the Registered User has given the party access to the Registered User’s private or public key.
9.2 That notwithstanding, the Registered User is legally entitled to request modification of their personal data or modification on the Registered User database at any time. Modification of data shall be effected on the basis of an appropriate notice addressed to the Company.
10 DISCLOSURES REQUIRED BY SECTION 43 OF THE ECTA
Access to the services, content, software and downloads available from the Online Products may be classified as “electronic transactions” as defined in terms of ECTA and you therefore may have the rights detailed in ECTA. Accordingly, the following information is provided:
10.1 The full name and legal status of the Online Product owner: Pétanque NXT Smart Solutions BV with (Registration No: 199185370/IL).
10.2 Physical Address: World Trade Centre Twente, Industrieplein 2, Hengelo, 7553LL, Netherlands
10.3 Main business: the process and placement between interns, companies and or institutions, operating essentially as a virtual global matchmaking platform for interns and companies.
11.2 A cookie is a group of data serving as the Registered User’s anonymous individual identifier that is sent by it’s browser Platform. Cookies are sent when the Registered User accesses the Platform. They are stored on the Registered User’s computer and serve to record information about the Registered User’s subsequent online visits. Therefore, after a cookie has been stored on the Registered User’s computer every time the Registered User returns to the Platform, it shall look for the cookie in order to read the stored data.
11.3 A cookie is an anonymous individual identifier; it does not contain or send any personal information to the Platform that is stored on a Registered User’s computer but only enables faster and more efficient activation of information, data and settings previously communicated during access and use of the Platform.
11.4 The Registered User can modify or disable cookies through the Options or Settings of their browser that allows the Registered User to select an appropriate option for receiving cookies or even to disable them entirely. However, disabling cookies completely will reduce the efficiency of some content available on some Platform.
11.5 Certain features of the Platform may use local stored objects, also known as Flash Cookies, to collect and store information about the Registered User’s preferences or activity on the Platform. Flash Cookies are not managed by the same browser settings as those used for Browser Cookies. Should you wish to delete the Flash Cookies, guidance may be obtained at: https://helpx.adobe.com/flashplayer/kb/disable-local-shared-objects-
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