Web Terms and Conditions
By using this website you acknowledge and agree to:
Use of this website and related products and/or services shall be governed by, and construed in all respects in accordance with the laws of South Africa, and subject to the exclusive jurisdiction of the South African courts.
Use of this website or information, products and services available on this website is at the user’s own risk. Elizabeth Tsikkos (hereafter “The Hanna Smith Agency, or THSA, or THSA Online") accepts no liability whatsoever relating to any loss, expense, claim or damage, whether direct, indirect or consequential, arising from the information on this website, your use of this website or any actions or transactions resulting therefrom.
The Hanna Smith Agency makes no presentation or warranty, whether express or implied, as to the operation, integrity, availability or functionality of this website or as to the accuracy, completeness or reliability of any information obtained from this website.
The Hanna Smith Agency also makes no warranty or representation, whether express or implied, that the products, information or files available on this website are free of viruses, destructive materials or any other data or code which is able to corrupt, compromise or jeopardize the operation or content of a computer system, computer network or your hardware or software. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise or jeopardize the operation or content of a computer system, computer network or your hardware or software. The Hanna Smith Agency accepts no responsibility for any errors or omissions on this website.
The Hanna Smith Agency may, in its sole discretion, at any time, suspend or terminate the operation of this website or any of the products or services provided in terms of this website, without prior notice.
Notwithstanding the fact that this website may refer to and/or provide links to other websites, your use of such other websites is entirely at your own risk and The Hanna Smith Agency is not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such other Website. The Hanna Smith Agency also does not endorse, warrant or make any representations about the content, products, services, security or reliability of such other websites.
All rights reserved.
The Hanna Smith Agency (Pty) Ltd may process personal information on behalf of a client for whom we are providing a service. We take our responsibility under The Protection of Personal Information Act 4 of 2013 (also known as POPIA) seriously, and we have therefore put in place strict measures to ensure that any personal information we receive whilst providing a service on behalf of a client is kept secure and is used by us only for the purpose for which it was collected. However, once we deliver the information to our client, their own privacy will apply as the information is no longer solely in our possession.
Data (or information) is securely stored and is held for the period of time that is required for us to provide you or our client a service. The Hanna Smith Agency is in the process of entering into strict operator contracts with its suppliers to ensure that processing of information is done lawfully by third-party operators, where this is necessary to ensure that our client’s personal information is kept secure.
If you don’t want us to process your data anymore, or wish to edit or delete (you have the right to access, the right to erasure and the right to rectification of your data) the information we have on you, please opt-out from communications from us in the link provided, or write to us at firstname.lastname@example.org. If we have destroyed your information because we have merely collected it for the purpose of proving the information to the business we are providing a service to, please reach out to the business. This will be the business page or their message platform where you provided the information either by reaching out to them or by responding to an advertisement.
We take our responsibility under the Protection of Personal Information Act 4 of 2013 (also known as POPIA) seriously, and we have therefore put in place strict measures to ensure that any personal information we receive whilst providing a service is kept secure and is used only for the purpose for which it was collected.
The copywriting process and related services
Training is subject to availability, and may be discontinued at any time without notice. All training fees must be paid in full before the start of the course. No refunds will be given if the student does not complete the course for any reason, or fails to perform during the training for any reason. On-site training is limited to certain modules, and does not cover each module offered in the online training course. The student does however receive all the content for the entire course for self-study. Learner support is not offered on purchase of the learning material alone. Learner support is offered at The Hanna Smith Agency’s discretion, and may quote the company or student on further services that arise within the scope of the training.
What is POPIA about?
POPI prescribes a set of conditions and principles that regulate the collection, processing and use of personal information, and ensures the lawfulness of such actions. These principles and conditions have been enacted (made to law) to promote the constitutional right to privacy contained in section 14 of the South African Constitution and to protect a person’s personal information and the use of this information by third parties. Bear in mind that different countries have their own unique privacy laws.
Importantly, POPI protects persons from suffering damage and harm by requiring entities and parties who receive their personal details to protect the confidentiality and integrity of such information. POPI therefore places an important responsibility on parties who collect, store, use and destroy personal information, and also provides rights and solutions to persons whose rights have been infringed in terms of POPI. It requires the relevant parties dealing with personal information to take care of such information and protects the general public against the incorrect and unauthorised use of their personal information, whether used for purposes of identity theft, abusive marketing practices or other unauthorised purposes. It is important to be aware that POPI does not aim to stop the flow or sharing of personal information, but rather aims to establish and set guidelines and rules for how this must be done in line with international standards, to protect the privacy of the persons whose personal information is being processed.
Terms and Definitions
Data Subject: The individual whose personal data is being processed and to whom personal information relates.
Responsible Party: The responsible party is the individual or company, either public or private, that processes personal information and determines its purpose.
Operator: A responsible party should not be confused with an operator who is a person processing the information on the instruction of the responsible party by contract or mandate and is not under the direct authority of the responsible party. When personal information is processed by an operator the responsible party still remains responsible for the processing.
Personal information: In terms of POPI, personal information is any information relating to an identifiable, living natural person and, if applicable, to an existing identifiable juristic person (which is known as a “data subject”).
Personal information may therefore include but is not limited to any of the following – information relating to race, gender, sexual orientation, medical history, criminal history, religion, beliefs, disabilities, marital status, pregnancy, language, education, finances, employment history, online identifiers, pseudonyms, physical address, telephone numbers, and biometric information. If processing a name of a person reveals that person’s personal information, then the name is also considered personal information.
Processing: The processing of personal information involves any collection, use, storage, deletion, or destruction of personal information.
We receive, process and store personal information (such as name, surname, email address, phone number) you enter on our website or provide us in any other way, such as directly from you in emails or from lead generation forms. We also indirectly receive information from agencies who contract us to perform services on their client’s behalf. Your information is processed in order for us to provide a service to you, to send you accounts and reports and marketing communications to which you have subscribed. Subscribers to our blog can be assured that their data is only processed for the purpose of receiving updates from us.
How we process your personal information lawfully
The personal information that we collect is processed in line with the 8 conditions for lawful processing in the Protection of Personal Information Act. We therefore:
Accept joint responsibility and accountability with you to responsibly manage and protect your Personal Information when providing our services and solutions to you;
Undertake to receive, only from you, and process the Personal Information that is necessary for the purpose to assist you with your required transaction or solution, conclude the necessary related agreements and consider the legitimate legal interests of everyone concerned, as required by the Act and to respect your right to withdraw your consent for the processing of your Personal Information;
Undertake to only use your Personal Information for the purpose for which it was collected;
Undertake not to share or further process your Personal Information with anyone if not required for assisting you with your solutions or by the law;
Undertake to be open and transparent and notify you as and when required by law regarding why and how your Personal Information needs to be collected;
Undertake to safeguard and protect your Personal Information in our possession;
Undertake to freely confirm what Personal Information we have, to update and correct the Personal Information, and to keep it for no longer than legally required. You have the right to ask for your personal information to be rectified or deleted.
Other reasons for processing your personal information include:
To assist us in carrying out a transaction you requested and to maintain our relationship;
To respond to your queries;
To confirm and verify your identity or to verify that you are an authorised user for security purposes;
For billing and other accounting purposes;
To assess and process orders where this is applicable;
For audit and record-keeping purposes;
In connection with possible requirements by the Information Regulator or other Government agencies allowed by law, legal proceedings, or court rulings.
Consent to processing and correction of personal information
When you use any of our services you provide us your personal information and consent to the processing thereof. If you do not want us to process your personal information anymore, or wish to have your personal information rectified, please contact us at email@example.com, or opt-out from the link provided in communications from us where this is available and applicable. It is also important to note that personal information provided to us before the POPIA commencement date may fall within its ambit and you consent to the processing thereof.
The Hanna Smith Agency collects information to improve the services we provide and to present you with information and services that will interest you. We also use your information to measure our success and performance. For example, aggregate information gives us an idea of the number of visitors we attract and how they navigate our websites.
Unless you voluntarily provide personal information for a specific purpose, we do not collect personal information from you. We will never combine any personal information about a user of our site with any aggregate information we collect about that user, whether collected on our site or our advertising service. If you choose to provide personal information during registration or when using our services, we use your personal information to provide you with particular product or services that you request. If your personal information changes, you may correct, update or delete it by emailing firstname.lastname@example.org.
The Hanna Smith Agency will not sell, share, or rent this information to others in ways different from what is disclosed in this statement. However, we may transfer personal information in connection with a sale or merger of The Hanna Smith Agency or the division responsible for the services provided to you. We may also share your personal information, such as your email address, mailing address, etc., with our technical consultants, third party auditors and other third parties who make our site available, enhance its functionality or provide associated services and/or who deal with you in processing your orders and/or delivering content, samples, products, services and gifts and prizes. These third parties are not allowed to use personal information except for the purposes of providing the applicable services. In addition, we reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our website. Our site and services are maintained in South Africa. By using the site and/or services, you authorize the export of personal information to South Africa and its storage and use as specified in this policy.
Other Information We Collect and Use
Data (or personal information) is securely stored and is held for the period of time that is required for us to provide you a service or manage your account. The Hanna Smith Agency is in the process of entering into strict operator contracts with its suppliers to ensure that processing of information is done lawfully by third-party operators, where this is necessary to ensure that our client’s personal information is kept secure.
Third Party Website Links
Some of our websites provide links to third party websites, such as those of our affiliates, business partners and advertisers. We have no access to or control over their practices. Because The Hanna Smith Agency does not control the information policies or practices of these third party websites, you should review their privacy policies to learn more about how they collect and use personal information.
The Hanna Smith Agency stores all data using industry standard security devices and reputable software providers to safeguard against unauthorized access to our data. We have put in place reasonable physical, electronic, and managerial procedures coupled with carefully developed security procedures to protect your information from loss, misuse or unauthorized alteration.
Protection for Children
Another part of our priority is adding protection for children while using the internet. We encourage parents and guardians to observe, participate in, and/or monitor and guide their children’s’ online activity. We do not knowingly collect personal information from anyone under the age of 13.
If you think that your child provided this kind of information on our website, we strongly encourage you to contact us immediately and we will do our best to promptly remove such information from our records.
We may change our processes from time to time
If you would like to: access, correct, amend or delete any personal information we have about you, you are invited to contact us at email@example.com.
Privacy policies of other websites
If you work for us as a freelance writer
THSA hires freelance writers. It is important to note that no contract of any kind exists between THSA and the writer at any time. Writers are paid for copy delivered after a brief. If copy does not meet our standard or is not delivered on time, no payment is made to the writer. If copy is received and the client does not approve, THSA offers the client a revision. The writer rewriters the copy at no additional cost. However, all THSA clients are required to adhere to our terms as set out herein. A third draft is considered final.
Projects (where multiple articles or a large quantity of copy must be written and delivered, either once-off or over a period of time, are always subject to client approval at any stage of the project. Therefore, if the writer has started on a project but the client does not approve of the copy being delivered at any point, the writer will be paid a portion as determined by THSA for the content that was delivered, but will not proceed working on the project, and will therefore not receive payment for the remaining copy. The writer will, however, receive an opportunity to rectify the copy as per the three draft rule (see the copywriting process), but as mentioned, should the client still not approve of the copy, the writer will not continue and will not receive payment. THSA does not pay for copy in advance.