Syscom provides its Internet and related services to Customers
on the following terms and conditions.
This policy may be updated from time to time by Syscom who will publish any
changes to this policy on the Syscom website. The most recent version of this
policy, which includes all amendments to date, is available on request or can
be viewed on the Syscom website at www.syscom.co.za/policy.
As a Customer of Syscom you are required to familiarise yourself with this policy
and to comply with its terms and conditions at all times when using any Syscom
Service. Any doubt over the interpretation of this policy or the acceptability
of any content or any practice must be referred beforehand to Syscom for a ruling.
CUSTOMER'S OBLIGATIONS
As a Customer of Syscom you undertake:
to use Syscom's Services and infrastructure only for lawful purposes;
not to engage in any prohibited activity when using the service;
to submit Customer registration details honestly and accurately;
to be responsible for all activities occurring under your
logon id, to protect the confidentiality of your own logon id and password
and to notify Syscom immediately of any breach in this confidentiality.
PROHIBITED ACTIVITIES
The following activities are prohibited by Syscom:
1. ILLEGAL ACTIVITIES
The violation of any National or International Law or Regulation.
The transmission, distribution or storage of any material protected by
copyright, trade mark, trade secret.
The violation of the intellectual property rights of others.
The violation of the privacy of any person.
2. TECHNICAL ABUSE
Posting or transmitting any file which contains any virus or any other
destructive feature/s. regardless of whether or not damage is intended by
the Customer.
Anything which in SYSCOM's opinion may have an adverse technical effect
on the integrity or functionality of the SYSCOM Network or the provision
by SYSCOM of services to any Customer.
Interference with the use of the Internet by any other SYSCOM Customer
or other user.
3. SECURITY BREACH
Any attempt to gain unauthorised access to, to breach the security or
to circumvent the authentication measures of any host, network or account.
Any unauthorised access to data, systems or networks, or the unauthorised
monitoring of data or traffic on any network or system without the express
authorisation of the owner of such system or network.
Any attempt to probe, scan or test the vulnerability of any system or
network, without the express authorisation of the owner of such system or
network.
4. MAIL ABUSE
Sending unsolicited bulk email messages, including, without limitation,
Make-Money-Fast schemes, chain letters, commercial advertising and informational
announcements.
Gathering e-mail addresses and/or names for commercial, political, charity
or like purposes.
Cancelling Usenet post other than the Customer's own.
5. OFFENSIVE MATERIAL
The posting or transmission of any message, data, image or programme which
is defamatory, offensive, threatening, abusive, harassing, harmful or hateful.
The hosting or transmitting of pornographic material.
The use of Syscom's services in any way to harm or potentially harm a minor.
Any act or omission which is generally unacceptable or offensive to Internet
users in general, to the public at large or as may be determined by SYSCOM
from time to time in its sole and absolute discretion.
6. ABUSE OF ACCESS
The simultaneous login under the same login ID by more than one person
at the same time.
Giving or making available to any other party, any password, key or code
provided by SYSCOM.
The resale or making available to a third party, all or any part of the
services provided by SYSCOM, without SYSCOM's prior written consent.
7. BREACH OF SYSCOM STANDARDS
Contravention of any policy, guideline or terms and conditions which may
be updated and/or published and/or accessible from the SYSCOM Website from
time to time.
Any activity which in SYSCOM's opinion has the effect of, or is likely
to have the effect of, damaging the name or reputation of SYSCOM.
BREACH
Syscom is entitled to take action to remedy any breach of the terms and conditions
of this policy, which action can include, but is not limited to:
termination of the Service Agreement with the Customer, as provided for
in the Agreement;
suspension of all access to the Customer's network;
enforcement of Syscom's take-down procedure for illegal and unacceptable
material.
INDEMNITY
The Customer indemnifies Syscom against all claims, liabilities and expenses
arising from the use of the Syscom Services and infrastructure, including but
not limited to any breach by the Customer of the terms and conditions this policy
or the Service Agreement, or of any law or regulation, or resulting from any
information, data or material accessed, produced or transmitted by the Customer.
The Customer accepts that mail messages are scanned by Syscom to identify and
block any potential viruses and unsolicited bulk mail. The Customer acknowledges
that a valid message could be incorrectly identified and blocked and indemnifies
Syscom against all liability arising from any loss of data resulting from this
scanning.
In terms of section 75 of the Electronic Communications and Transactions Act (the Act), Syscom has designated the
Internet Service Providers' Association (ISPA) as an agent to receive notifications or infringements as defined
in Section 77 of the Act.
How to request a take-down
If you have discovered content on one of ISPA's member's network that you believe is unlawful,
you are welcome to send a take-down notification to ISPA, requesting that the material concerned be removed. This request must be made in writing and can be hand-delivered, posted, faxed or emailed. (email preferred.) While you are welcome to phone ISPA with queries, they cannot process take-down requests made telephonically.
If you would like to submit a take-down request to ISPA, here is where to send it:
Email Address: takedown @ ispa.org.za
Fax number: +27.11.678.2097
Postal address: PO Box 3423,
Parklands, 2121
Physical address (hand delivery): 11 Coetzee Street,
Minnebron,
Brakpan
Phone number (queries only): +27.11.318.1406
There are a number of specific requirements for a take-down notification set out in the legislation. If your notification does not include all of this information, ISPA will not be able to process it.
Your take-down request must include the following:
Your full name
Your address
Your telephone number
Your email address
(if you have one)
The name of the service provider against whom you are making the complaint
A clear and unambiguous identification of the unlawful material or activity
(for example, the web page on which the material appears)
A description of the right that you believe has been infringed by the material or activity concerned
(for example, "my right to privacy is being infringed by the publication of my credit card number")
The remedial action you wish the service provider to take
(for example, "the credit card number should be removed")
A statement that the information in your complaint is, to your knowledge, true and correct and that you are acting in good faith.
Your signature (either written or electronic)
Important note: In terms of section 77(2) of the Electronic Communications and Transactions Act, any person who lodges a notification of unlawful activity with a service provider knowing that it materially misrepresents the facts is liable for damages for wrongful take-down.
Here is an example of a take-down notification which contains all of the required information:
Dear ISPA,
I have discovered a child pornography site hosted on the network of the company "Ultraweb Hosting Services".
The site is located at the following URL: .
I believe that the content located on this site infringes the rights of the children concerned,
and I hereby request that the site be taken down.
My contact details are as follows:
- John Smith - 32 Willowdale Close, Bramlinghaven, Johannesburg
- Tel: 085 555 1234
- Email: johnsmith@ultraweb.co.za
The information contained in this take-down request is, to the best of my knowledge,
true and correct and I am acting in good faith.
Regards,
John Smith
[Digital signature attached]
Upon receipt of your take-down request, ISPA will confirm that all of the required information is included. ISPA will also check that the content you are referring to is hosted on that organisation's network, and that the remedial action you have requested is feasible. If, for some reason, your request fails one of these tests, you will be notified of the reason. If the requests passes these tests, it will be forwarded on to the service provider in question, and you will receive a reply acknowledging receipt of your take-down request. You should get a response from ISPA within three working days. Should you not receieve some form of response to your notification within three working days, please contact info @ ispa.org.za or call ISPA at the phone number listed above.
Once a service provider has responded to the notification, either by removing the content concerned, or by refusing to remove the content for some reason, you will receive a further notification from ISPA. (You may also receive correspondence directly from the service provider concerned.) Should you not receive this further notification within ten days of your original complaint, please contact info @ ispa.org.za or call ISPA at the phone number listed above.
This manual has been prepared in terms of Section 51of the Promotion of Access to Information Act 2 / 2000
Section 51(1)(a)
Name of Business: Lakeshore Trading 244 (Pty) Ltd Contact Person: Saul Stein Physical Address: 1 Cochrane Ave, Epping Postal Address: P.O. Box 798, Howard Place, 7450 Telephone: +27 21 505-3380 Fax: +27 21 534-8391 Website: www.syscom.co.za E-mail: support @ syscom.co.za
Section 51(1)(b)
2) The section 10 Guide on how to use the Act
The Guide is available from the South African Human Rights Commission. Please direct queries to:
The South African Human Rights Commission :
PAIA Unit
The Research and Documentation Department
Postal Address: Private Bag 2700,
Houghton,
2041 Telephone: +27 11 484-8300 Fax: +27 11 484-0582 Website: www.sahrc.org.za E-mail: PAIA@sahrc.org.za
Section 51(1)(d)
Information is available in terms of the following legislation, if and where applicable:
Basic Conditions of Employment Act No. 75 of 1997 Closed Corporation Act No. 69 of 1984 Companies Act No. 61 of 1973 Compensation of Occupational Injuries and Diseases Act No. 130 of 193 Customs and Excise Act No. 91 of 1964 Electronic Communications and Transactions Act No. 25 of 2002 Employment Equity Act No. 55 of 1998 Income Tax Act No. 58 of 1962 Insolvency Act No. 24 of 1936 Labour Relations Act No. 66 of 1995 Occupational Health and Safety Act No. 85 of 1993 Patents Act No. 57 of 1978 Promotion of Access to Information Act No. 2 of 2000 Skills development Levies Act No. 9 of 1999 Trademarks Act No. 194.of 1993 Unemployment Insurance Act No. 30 of 1966
Value – Added Tax Act No. 89 of 1991
Sections 51(1)(c) and 51(1)(e)
4) Access to the records held [Sections 51(1 )( c) and 51(1)(e)]
Records which are available without a person having to request access in terms of this Act in terms of section 52(2) [Section 51(1 )( c)]
This information can be defined as operational information needed in the day to day running of the company and is generally of little to no use to persons outside the company.
(Examples of such information are: Requisitions, internal phone lists, company policies, contracts, employee records and general accounting records).
The Request Procedures (Prescribed form and fee structure in respect of private bodies)
The forms and fee structure prescribed under the Act are available at the website of the Department of Justice and Constitutional Development (www.doj.gov.za) under the “regulations” section.
Section 51(1)(f)
5) Other information as may be prescribed
The Ministry of Justice and Constitutional Development has not made any regulations in this regard.
Section 51(3)
6) Availability of the material
The manual is available at our offices free of charge; and copies are available with the SAHRC, in the Gazette and on our website as listed above.
Thank you for taking the time to review our Privacy Policy. At times, Syscom will collect
certain personal information about customers and visitors to websites hosted by us.
Such information will include both identifiable personal data, as well as non-identifiable
personal information. Identifiable personal information will be collected when you sign a
contract for service with us, or use our website for a transaction or subscription service.
Non-identifiable information is gathered automatically when you visit our website or those
websites hosted by us, and stored for use in our system.
2.
The purpose of this privacy policy is to explain to customers what types of information
we will collect and how that information is used. In most cases, we collect this information
to ensure network integrity and that we continue to provide you with the most relevant content
and best possible service that suits your needs. In some cases, we are required by law to
collect personal information about customers. Except where the law requires otherwise, we
undertake to protect the confidentiality of such data.
Confidentiality
3.
Syscom respects customer privacy and the privacy of those accessing our website, or
those websites hosted by us. We undertake to protect the confidentiality of our customers
and users including all personal information supplied in the course of contracting with us
for services. We undertake not to sell your personal information to third parties for
commercial or marketing purposes.
Collection of Personal Data
4.
Syscom collects personal data about our users when you visit a website hosted by us;
apply for a service subscription; and when you respond to a customer questionnaire. We may
also combine information about you that we have with information we obtain from our business
partners or affiliates.
Use of Personal Data
5.
Syscom may on occasion use your personal information to contact you about promotional
offers; advise you of matters relevant to service provision and in some cases, solicit your
feedback. However, Syscom will provide you with an option within every communication to opt
out of receiving any communications of this nature or you can contact our support desk to
ensure that you do not receive such promotional information, at support@syscom.co.za.
6.
Syscom may log the websites you visit; collect IP addresses and information about your
operating system and the type of browser you use for the purposes of network/system
administration; to report aggregate information to our advertisers, and to audit the use of
our site. This data however will not be used to identify individual users who will at all
times remain anonymous.
7.
Any information Syscom collects from you through correspondence with us, whether via e-mail,
telephonically or by written letter, will only be used to address the matters within that
correspondence. If this requires referring such correspondence within Syscom or to a third party
to ensure customer service, your personal information will only be disclosed to the point necessary
to address your query or concerns, and will otherwise be kept confidential.
Public Space (Bulletin Boards, Chat Rooms and Third-Party Sites)
8.
Any information that customers disclose in a public space, including on any bulletin board,
chat room or any site Syscom may host for you, is available to anyone else who visits that space.
Syscom cannot safeguard any information you disclose there.
Site Linking
9.
Syscom's websites contain many links to sites that belong to third parties unrelated
to us. Syscom cannot be held responsible for any use of your personal information arising
from you disclosing personal such information on third party sites. Syscom cannot protect
any information you may disclose on these sites and recommends that you review the privacy
policy statements of those sites you visit.
Minors
10.
Syscom will not enter into a service subscription contract with a minor unless such
minor has explicit written consent from a parent or guardian to do so. Syscom undertakes
not to contact minors about promotional offers or for marketing purposes without a parental
consent.
Reservation of Rights
11.
Syscom reserves the right to disclose information about customers where required in
good faith, to do so by law or to exercise our legal rights or defend ourselves against
legal claims.
12.
Syscom reserves the right to disclose your personal information where you have given us
explicit legal written consent to do so.
13.
Syscom reserves the right to monitor user and network traffic for site security purposes
and prevent any unauthorized attempts to tamper with our site or cause damage to our property.
14.
Syscom reserves the right to make changes to this privacy policy or update it. Where a
major change is made, customers will be informed by e-mail notification or through a notice
on our website. Customers and site visitors bear the responsibility to ensure that they have
read the changes or updates as the case may be.
