Clementine Creative Terms of Service
By accessing the website at https://www.clementinecreative.co.za, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. You agree that you are at least 13 years of age. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
2. Use License
a. Permission is granted to temporarily download one copy of the materials (information or software) on Clementine Creative’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
(i) modify or copy the materials;
(ii) use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
(iii) attempt to decompile or reverse engineer any software contained on Clementine Creative’s website;
(iv) remove any copyright or other proprietary notations from the materials; or
(v) transfer the materials to another person or “mirror” the materials on any other server.
b. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Clementine Creative at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
a. The materials on Clementine Creative’s website are provided on an ‘as is’ basis. Clementine Creative makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
b. Further, Clementine Creative does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
c. This blog accepts forms of cash advertising, sponsorship, paid insertions or other forms of compensation.
d. Clementine Creative is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com.
e. The compensation received will never influence the content, topics or posts made in this blog. All advertising is in the form of advertisements generated by a third party ad network. Those advertisements will be identified as paid advertisements.
f. The owner of this blog might be compensated to provide opinion on products, services, websites and various other topics. The views and opinions expressed on this blog are purely the blog owner. If we claim or appear to be experts on a certain topic or product or service area, we will only endorse products or services that we believe, based on our expertise, are worthy of such endorsement. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer or provider.
g. This blog might contain content which might present a conflict of interest.
Mediavine Programmatic Advertising
The Website uses Mediavine to manage all third-party advertising on the Website. Mediavine serves content and advertisements when you visit the Website, which may use first and third-party cookies. A cookie is a small text file which is sent to your computer or mobile device (referred to in this policy as a “device”) by the web server so that a website can remember some information about your browsing activity on the Website. The cookie may collect information relating to your use of the Website, information about your device such as the device’s IP address and browser type, demographic data and, if you arrived at the Website via a link from a third-party site, the URL of the linking page.
First party cookies are created by the website that you are visiting. A third-party cookie is frequently used in behavioral advertising and analytics and is created by a domain other than the website you are visiting. Third-party cookies, tags, pixels, beacons and other similar technologies (collectively, “Tags”) may be placed on the Website to monitor interaction with advertising content and to target and optimize advertising. Each internet browser has functionality so that you can block both first and third-party cookies and clear your browser’s cache. The “help” feature of the menu bar on most browsers will tell you how to stop accepting new cookies, how to receive notification of new cookies, how to disable existing cookies and how to clear your browser’s cache. For more information about cookies and how to disable them, you can consult the information at www.allaboutcookies.org/manage-cookies/.
Without cookies you may not be able to take full advantage of the Website content and features. Please note that rejecting cookies does not mean that you will no longer see ads when you visit our Site.
The Website may collect IP addresses and location information to serve personalized ads and pass it to Mediavine. If you would like more information about this practice and to know your choices to opt-in or opt-out of this data collection, please visit http://www.networkadvertising.org/managing/opt_out.asp. You may also visit http://optout.aboutads.info/#/ and http://optout.networkadvertising.org/# to learn more information about interest-based advertising. You may download the AppChoices app at http://www.aboutads.info/appchoices to opt out in connection with mobile apps, or use the platform controls on your mobile device to opt out.
Mediavine partners with the following data processors:
In no event shall Clementine Creative or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Clementine Creative’s website, even if Clementine Creative or a Clementine Creative authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Accuracy of materials
The materials appearing on Clementine Creative’s website could include technical, typographical, or photographic errors. Clementine Creative does not warrant that any of the materials on its website are accurate, complete or current. Clementine Creative may make changes to the materials contained on its website at any time without notice. However Clementine Creative does not make any commitment to update the materials.
Clementine Creative has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Clementine Creative of the site. Use of any such linked website is at the user’s own risk.
Clementine Creative may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.
8. Governing Law
These terms and conditions are governed by and construed in accordance with the laws of South Africa and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
Your privacy is important to us. It is Clementine Creative’s policy to respect your privacy regarding any information we may collect from you across our website, https://www.clementinecreative.co.za, and other sites we own and operate.
1. Information we collect
When you visit our website, our servers may automatically log the standard data provided by your web browser. It may include your computer’s Internet Protocol (IP) address, your browser type and version, the pages you visit, the time and date of your visit, the time spent on each page, and other details.
We may ask for personal information, but only if you voluntarily provide it to us. This includes:
This data is considered “identifying information”, as it can personally identify you. We only request personal information relevant to providing you with a service, and only use it to help provide or improve this service.
2. Legal bases for processing
We will process your personal information lawfully, fairly and in a transparent matter. We collect and process information about you only where we have legal bases for doing so.
These legal bases depend on the services you use and how you use them, meaning we collect and use your information only where:
- it’s necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract (for example, when we provide a service you request from us);
- it satisfies a legitimate interest (which is not overridden by your data protection interests), such as for research and development, to market and promote our services, and to protect our legal rights and interests;
- you give us consent to do so for a specific purpose (for example, you might consent to us sending you our newsletter); or
- we need to process your data to comply with a legal obligation.
Where you consent to our use of information about you for a specific purpose, you have the right to change your mind at any time (but this will not affect any processing that has already taken place).
We don’t keep personal information for longer than is necessary. While we retain this information, we will protect it within commercially acceptable means to prevent loss and theft, as well as unauthorised access, disclosure, copying, use or modification. That said, we advise that no method of electronic transmission or storage is 100% secure and cannot guarantee absolute data security. If necessary, we may retain your personal information for our compliance with a legal obligation or in order to protect your vital interests or the vital interests of another natural person.
3. Collection and use of information
We may collect, hold, use and disclose information for the following purposes and personal information will not be further processed in a manner that is incompatible with these purposes:
- to enable you to customise or personalise your experience of our website;
- to contact and communicate with you;
- for internal record keeping and administrative purposes;
- for analytics, market research and business development, including to operate and improve our website, associated applications and associated social media platforms;
- to run competitions and/or offer additional benefits to you;
- for advertising and marketing, including to send you promotional information about our products and services and information about third parties that we consider may be of interest to you; and
- to comply with our legal obligations and resolve any disputes that we may have.
We may collect your email address, but only if you voluntarily provide it to us. This may occur, for example, if you sign up to receive an email newsletter, or enter a promotion. We will use your email address for the purposes for which you provided it to us, and also from time to time to send you emails regarding the Site or other products or services that we believe may be of interest to you. You may opt out of such email communications at any time by clicking the “unsubscribe” button in the email.
We will not sell your email address to any third parties.
We use MailerLite to manage our email marketing subscriber list and to send emails to our subscribers. MailerLite is a third-party provider, which may process your data using industry standard technologies to help us monitor and improve our newsletter.
Social analytics for sharing
4. Disclosure of personal information to third parties
We may disclose personal information to:
- third party service providers for the purpose of enabling them to provide their services, including (without limitation) IT service providers, data storage, web-hosting and server providers, debt collectors, maintenance or problem-solving providers, marketing or advertising providers, professional advisors and payment systems operators;
- our employees, contractors and/or related entities;
- courts, tribunals, regulatory authorities and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights; and
- third parties to collect and process data.
Data processing and storage
The personal information we collect is stored and processed in, or where we or our partners, affiliates and third-party providers maintain facilities. We only transfer data within jurisdictions subject to data protection laws that reflect our commitment to protecting the privacy of our users.
We only retain personal information for as long as necessary to provide a service, or to improve our services in future. While we retain this data, we will protect it within commercially acceptable means to prevent loss and theft, as well as unauthorised access, disclosure, copying, use or modification. That said, we advise that no method of electronic transmission or storage is 100% secure, and cannot guarantee absolute data security.
If you leave a comment on our blog, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.
We keep contact form submissions for as long as necessary for customer service purposes.
Analytics data is stored for one year.
Data captured via the newsletter subscription forms are kept for as long as you stay subscribed. When you unsubscribe, your data is still stored in our program, Mailerlite, in case you want to re-subscribe.
If you request your personal information be deleted, or where your personal information becomes no longer relevant to our operations, we will erase it from our system within a reasonable timeframe.
5. International transfers of personal information
The personal information we collect is stored and processed in South Africa and United States, or where we or our partners, affiliates and third-party providers maintain facilities. By providing us with your personal information, you consent to the disclosure to these overseas third parties.
We will ensure that any transfer of personal information from countries in the European Economic Area (EEA) to countries outside the EEA will be protected by appropriate safeguards, for example by using standard data protection clauses approved by the European Commission, or the use of binding corporate rules or other legally accepted means.
Where we transfer personal information from a non-EEA country to another country, you acknowledge that third parties in other jurisdictions may not be subject to similar data protection laws to the ones in our jurisdiction. There are risks if any such third party engages in any act or practice that would contravene the data privacy laws in our jurisdiction and this might mean that you will not be able to seek redress under our jurisdiction’s privacy laws.
The owner of this website reserves the right to edit or delete any comment made on this site. Spam comments, comments that contain foul language, profanity or that attack a person individually will be deleted.
When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.
Third-party access to information
We use third-party services for:
- Analytics tracking
- User authentication
- Advertising and promotion
- Content marketing
- Email marketing
These services may access our data solely for the purpose of performing specific tasks on our behalf. We do not share any personally identifying information with them without your explicit consent. We do not give them permission to disclose or use any of our data for any other purpose.
We may, from time to time, allow limited access to our data by external consultants and agencies for the purpose of analysis and service improvement. This access is only permitted for as long as necessary to perform a specific function. We only work with external agencies whose privacy policies align with ours.
We will refuse government and law enforcement requests for data if we believe a request is too broad or unrelated to its stated purpose. However, we may cooperate if we believe the requested information is necessary and appropriate to comply with legal process, to protect our own rights and property, to protect the safety of the public and any person, to prevent a crime, or to prevent what we reasonably believe to be illegal, legally actionable, or unethical activity.
We do not otherwise share or supply personal information to third parties. We do not sell or rent your personal information to marketers or third parties.
Limits of our policy
Our website may link to external sites that are not operated by us. Please be aware that we have no control over the content and policies of those sites, and cannot accept responsibility or liability for their respective privacy practices.
Changes to this policy
6. Your rights and controlling your personal information
Restrict: You may choose to restrict the collection or use of your personal information. If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us using the details below. If you ask us to restrict or limit how we process your personal information, we will let you know how the restriction affects your use of our website or products and services.
Access and data portability: You may request details of the personal information that we hold about you. You may request a copy of the personal information we hold about you. Where possible, we will provide this information in CSV format or other easily readable machine format. You may request that we erase the personal information we hold about you at any time. You may also request that we transfer this personal information to another third party.
Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading or out of date.
Notification of data breaches: We will comply laws applicable to us in respect of any data breach.
Complaints: If you believe that we have breached a relevant data protection law and wish to make a complaint, please contact us using the details below and provide us with full details of the alleged breach. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint. You also may the right to contact a regulatory body or data protection authority in relation to your complaint.
Unsubscribe: To unsubscribe from our e-mail database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.
What is a cookie?
A cookie is a small piece of data that a website stores on your device when you visit, typically containing information about the website itself, a unique identifier that allows the site to recognise your web browser when you return, additional data that serves the purpose of the cookie, and the lifespan of the cookie itself.
Cookies are used to enable certain features (eg. logging in), to track site usage (eg. analytics), to store your user settings (eg. timezone, notification preferences), and to personalise your content (eg. advertising, language).
Cookies set by the website you are visiting are normally referred to as “first-party cookies”, and typically only track your activity on that particular site. Cookies set by other sites and companies (ie. third parties) are called “third-party cookies”, and can be used to track you on other websites that use the same third-party service.
You can obtain up-to-date information about blocking and deleting cookies via these links:
(a) https://support.google.com/chrome/answer/95647?hl=en (Chrome);
(c) http://www.opera.com/help/tutorials/security/cookies/ (Opera);
(d) https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);
(e) https://support.apple.com/kb/PH21411 (Safari); and
(f) https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge).
Please note that blocking cookies may have a negative impact on the functions of many websites, including our Site. Some features of the Site may cease to be available to you.
Types of cookies and how we use them
Essential cookies are crucial to your experience of a website, enabling core features like user logins, account management, shopping carts and payment processing. We use essential cookies to enable certain functions on our website.
Performance cookies are used in the tracking of how you use a website during your visit, without collecting personal information about you. Typically, this information is anonymous and aggregated with information tracked across all site users, to help companies understand visitor usage patterns, identify and diagnose problems or errors their users may encounter, and make better strategic decisions in improving their audience’s overall website experience. These cookies may be set by the website you’re visiting (first-party) or by third-party services. We use performance cookies on our site.
Functionality cookies are used in collecting information about your device and any settings you may configure on the website you’re visiting (like language and timezone settings). With this information, websites can provide you with customised, enhanced or optimised content and services. These cookies may be set by the website you’re visiting (first-party) or by third-party service. We use functionality cookies for selected features on our site.
Targeting/advertising cookies are used in determining what promotional content is more relevant and appropriate to you and your interests. Websites may use them to deliver targeted advertising or to limit the number of times you see an advertisement. This helps companies improve the effectiveness of their campaigns and the quality of content presented to you. These cookies may be set by the website you’re visiting (first-party) or by third-party services. Targeting/advertising cookies set by third-parties may be used to track you on other websites that use the same third-party service. We use targeting/advertising cookies on our site.
We use third-party advertisements on Clementine Creative to support our site. These are served by Google Adsense.
Some of these advertisers may use technology such as cookies and web beacons when they advertise on our site, which will also send these advertisers (such as Google through the Google Adsense program) information including your IP address, your ISP, the browser you used to visit our site, and in some cases, whether you have Flash installed. This is generally used for geotargeting purposes or showing certain ads based on specific sites visited.
You can choose to disable or selectively turn off our cookies or third-party cookies in your browser settings by visiting this website: https://www.google.com/settings/ads, or by managing preferences in programs such as Norton Internet Security. You may also opt out of some third-party vendors’ uses of cookies for personalized advertising by visiting www.aboutads.info. However, this can affect how you are able to interact with our site as well as other websites. This could include the inability to login to services and programs, such as logging into forums and accounts.
We encourage parents to engage with us in protecting their children’s privacy, ensuring a safe and enjoyable online experience.
8. Business transfers
If we or our assets are acquired, or in the unlikely event that we go out of business or enter bankruptcy, we would include data among the assets transferred to any parties who acquire us. You acknowledge that such transfers may occur, and that any parties who acquire us may continue to use your personal information according to this policy.
9. Collecting information from children
At times, we may require information from children to enable participation in certain activities, for example, registering an account, customising a profile, or receiving notifications. When collecting non-personal information, we encourage children never to provide any details that may personally identify them or reveal their location. We do not require children to provide more information than is necessary to participate in an activity.
We do not use children’s contact details for marketing purposes, though we may use them for our internal marketing and research in order to improve the quality of products and services offered across our site.
In accordance with COPPA, if an activity does require any personal information (such as first name, last name, or email address), we will provide notice to and seek consent from a parent or guardian prior to collecting the information. We only retain collected information for as long as necessary to enable participation in the requested activity.
In the event we discover we have collected personal information in a manner non-compliant with COPPA, we will either delete the information or seek parental consent.
As a parent/guardian, if you believe your child is participating in an activity that collects personal information, and you have not received a notification or request for consent, please feel free to get in touch via our contact page https://www.clementinecreative.co.za/contact. We do not use parent contact details for marketing purposes unless marketing materials are explicitly requested.
Safeguarding children’s privacy
We take security seriously, and do what we can within commercially acceptable means to protect your child’s personal information from loss or theft, as well as unauthorised access, disclosure, copying, use or modification. That said, we advise that no method of electronic transmission or storage is 100% secure, and cannot guarantee absolute data security.
Information abuse and community misconduct
We do not tolerate doxing (publishing of private or personal information about an individual without their consent), cyberbullying, or other forms of information abuse on https://www.clementinecreative.co.za.
If we discover that a child’s personal information has been disclosed on our site without the express consent of their parent/guardian, we will remove the content in question as quickly as possible and effect disciplinary measures (a warning, suspension or ban) on the offending account.
Third-party access to information
We do not knowingly disclose any personally identifying information or personal information provided by children to third parties. We may, however, disclose anonymised and aggregated versions of this information (analytics and statistics) for business, marketing or public relations purposes.
Parental controls and intervention
As a parent/guardian, you may at any time refuse to let us collect further information from your children for a particular activity or account. If you have given us consent previously, you may contact us via the contact form on our site to request the removal of the information from our records.
Please be aware that the removal of certain information may result in the termination of the associated account, or withdrawal from the associated activity.
10. Limits of our policy
Our website may link to external sites that are not operated by us. Please be aware that we have no control over the content and policies of those sites, and cannot accept responsibility or liability for their respective privacy practices.
11. Changes to this policy
Clementine Creative Data Controller
This policy is effective as of 19 June 2018.