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Your privacy is important to DigsConnect. To better protect your privacy, DigsConnect provides this Policy explaining its undertaking to protect your personal information.
This Policy has been prepared in accordance with the laws which regulate the protection of personal information. Insofar as DigsConnect may have access to personal information, DigsConnect will always store and protect it and only use and disclose it in compliance with those laws.
By downloading, using and enjoying the DigsConnect Platform and in participating in the use of the DigsConnect Platform to interact with your Landlord or Student (as the case may be), you agree to accept this Policy and to be bound by its terms and conditions. You also agree that DigsConnect may receive, store, process and disclose your personal information (as defined in the Protection of Personal Information act of 2013) as provided for in this Policy and in accordance with data protection lawas that may apply from time to time in the Republic of South Africa.
This Policy applies to all information provided by you and collected through your use of the DigsConnect Platform which includes:
Personal information your provide:
- your name, address, mobile phone number, age, and any information which you provide to DigsConnect upon creating your unique DigsConnect profile; your habits and preferences relating to rendering of the services in terms of the DigsConnect Platform;
- names and contact information from your address book or any application on your mobile phone which we may reasonably require to provide or enhance our services;
- information relating to how and when you use the DigsConnect Platform, the specific settings that you choose within the DigsConnect Platform, system activities and cookies;
- information relating to your mobile phone, including the hardware and software specifications of the mobile phone and call and text message data within the DigsConnect Platform; and any other personal information.
- any other personal information you share upon signing up or in using the Platform; and/or
- any and all information provided to DigsConnect by any tertiary institution through an API or any other means, for the purpose of assisting the student in finding accommodation.
Personal information automatically collected from you when using the Platform or services:
- information relating to how and when you use the DigsConnect Platform, the specific settings that you choose within the DigsConnect Platform, system activities and cookies;
- information relating to your mobile phone, including the hardware and software specifications of the mobile phone and call and text message data within the DigsConnect Platform; and any other personal information;
- Geo-locationary Information (information about your precise or approximate location as determined through data such as your IP address or mobile device’s GPS to offer you an improved user experience);
- Platform Usage Information (information we collect about your interactions with the Platform such as the pages or content you view, your searches for Listings, bookings you have made, and other actions on the Platform);
- Technical Data, Log Data and Device Information (automatically-collected log data and device information when you access and use the Platform, IP address, access dates and times, hardware and software information, device information, device event information, unique identifiers, crash data, cookie data, and the pages you’ve viewed or engaged with before or after using the Platform); and
- Cookies and Similar Technologies (certain information collected by automated means using technologies such as cookies, web beacons, pixels, browser analysis tools, server logs, and mobile identifiers).
Use of Personal Information:
DigsConnect may use and disclose your personal information in the following manner:
where you are the Student leasing residential premises, by disclosing to the Landlord of the residential premises, other service providers and bankers, personal information which comprises your unique DigsConnect profile, as determined by DigsConnect;
where you are the Landlord of residential premises, by disclosing to Students leasing your leased premises, other service providers and bankers, personal information, which comprises your unique DigsConnect profile, as determined by DigsConnect;
by the use of your email address and/or mobile phone number to contact you from time to time relating to promotions and offers, to send you notifications and for security reasons;
to aggregate statistics and data about the use of the DigsConnect Platform and/or to customise the DigsConnect Platform’s content, layout and services;
by the aggregation of your personal information with other people’s personal information to create and disseminate, as DigsConnect considers appropriate, as aggregated data without specific identification or your unique personal data;
to Landlords where it is required for them to make contact with a student who has shown interest in the Landlord’s property, especially in relation to Digs Plus listings where your applicant information is shared with relevant Landlords;
by the transfer of your personal information about the use of the DigsConnect Platform to its advertising partners and other third parties. This personal information may be used to conduct credit assessments for purposes of verifying your ability to fulfil financial obligations, provide advertising, promotions or other products and services that may be of particular interest to you. DigsConnect undertakes to, but cannot guarantee that it will, ensure that its advertising partners and other third parties receive and collect information in accordance with the laws which regulate the protection of personal information, however you acknowledge that we cannot guarantee this.
You may at any time on written notice to DigsConnect, require that it does not disclose your personal information in the manner contemplated above, in which case DigsConnect will not do so, but in which case DigsConnect may, on the basis of operational requirements, preclude your use of the DigsConnect Platform.
The DigsConnect Platform will facilitate that you may access, review, correct and/or delete certain of your personal information stored by DigsConnect. When you do so, DigsConnect will take reasonable steps to verify your identity, such as requiring a username and password, before granting access to your personal information.
DigsConnect agrees not to use your contact information in any manner that you do not consent to as contemplated in this Policy or otherwise, but in which case DigsConnect may, on the basis of operational requirements, preclude your use of the DigsConnect Platform.
You may opt out of receiving promotional communications from DigsConnect, but you may still receive non-promotional communications from DigsConnect relating to your account and services provided to you.
DigsConnect will disclose your personal information if it reasonably believes that it is required to do so by law or to protect the rights and property of DigsConnect or the public. DigsConnect may also co-operate with law enforcement in any official investigation and it may disclose your personal information to the relevant authority in doing so. You acknowledge and give your consent that this includes sharing your personal information with any insurer or other interested party in the event that there is any complaint, dispute, conflict, loss or damage arising from your use of the DigsConnect Platform.
DigsConnect reserves the right to transfer your personal information in the event of a transfer of ownership of DigsConnect, or that part of its business which includes the DigsConnect Platform.
DigsConnect undertakes to use appropriate commercial endeavours to, but cannot guarantee that it will, store your personal information securely to maintain its confidentiality, prevent unauthorised access, maintain data accuracy, and ensure the correct use of your personal information.
Amendments to this Policy:
DigsConnect may amend this Policy from time to time to have regard for changes in the law and in accordance with DigsConnect’s requirements. DigsConnect will notify you via the DigsConnect Platform or other electronic communication platforms of any updates and amendments. It is important that you review this Policy regularly so that you are aware of any amendments.
This Policy is governed by the law of the Republic of South Africa and any legal action instituted in connection with this Policy ought to be instituted in the Republic of South Africa.
If you have any questions or comments about this Policy, please contact DigsConnect via its website. Click here
TERMS AND CONDITIONS
APPLICABLE TO THE USE OF THE DIGSCONNECT WEB-BASED COMPUTER APPLICATION
(“the DigsConnect Platform”)
The terms and conditions set forth below apply to your use of the DigsConnect Platform and by downloading and using the DigsConnect Platform to receive services from DigsConnect and/or via the DigsConnect Platform, you agree to be bound by these terms and conditions.
The DigsConnect Platform may only be used in accordance with these terms and conditions.
For your convenience, certain terms and phrases have been defined, and you will find those defined terms and phrases at the end of these terms and conditions.
USE OF THE DIGSCONNECT APP
DigsConnect grants to you the right to download, use and enjoy the DigsConnect Platform in the Republic of South Africa on a mobile device or internet-enabled device that you own or control, in accordance with these terms and conditions.
The right to download, use and enjoy the DigsConnect Platform is not granted exclusively to you. It is granted to you for your personal use only, and you will not be entitled to transfer or sub-licence the use and enjoyment of the DigsConnect Platform in any way, either in whole or in part, to any other person.
You may not, nor may you attempt to, modify, de-compile, dissemble or otherwise reverse engineer the DigsConnect Platform.
Save for the limited rights provided to you in terms of these terms and conditions, you acquire no other rights whatsoever in the DigsConnect Platform.
The DigsConnect Platform, its software and operating systems, trademarks, copyrights, database of data and other intellectual property rights that relate to the DigsConnect Platform are owned by DigsConnect and/or by such licensor thereof as DigsConnect has received rights under licence. The intellectual property will never become owned by you.
When you use the DigsConnect Platform, you consent to receiving communications from DigsConnect, in whatever form DigsConnect deems appropriate, including by telephone, short messaging services, electronic communication platforms and electronic mail.
You acknowledge that in order to use the DigsConnect Platform you will be required to complete DigsConnect’s online Profile application in respect of either Landlords or Students. You may only hold one Profile and that Profile may only be used by you for your own account.
You must notify DigsConnect immediately should any information which is recorded in your Profile change and you warrant that the information will remain accurate for the duration of your access to or use of the DigsConnect Platform.
You acknowledge that you are responsible for all activity and resultant costs on your Profile and you agree to maintain the security and secrecy of your Profile username and password at all times. We will not be liable in any way for any loss or harm you suffer as a result of a breach of your responsibility to maintain the security and secrecy of these details.
Whilst DigsConnect tries to manage the Platform and items thereon, we are not responsible for the complete verification or information detailed of any listings and/or locations made available by Landlords or our partners, including our Digs Plus services. Users must confirm all such information about a location/listing with the relevant third-party provider when engaging with them, including with our listed academic partners that we work with.
DigsConnect is in no way affiliated with the universities (where they remain independent user-Landlords on the Platform) unless explicitly specified otherwise on the Platform or through our advertising, where same relationship is not exclusive at any time.
DigsConnect will have the right in its sole and unfettered discretion to suspend or terminate your Profile, in which event your right to use the DigsConnect Platform will be suspended or terminated, as the case may be.
DigsConnect undertakes to process and store your information contained on your Profile in accordance with law and will take reasonable steps to secure and protect your personal information.
You acknowledge and consent to your User Data being disclosed to Landlords, Students or any third party for the purposes of managing the letting and/or leasing of the Leased Property, providing related services or for any other lawful purpose.
You also acknowledge and consent to DigsConnect disclosing your User Data to any insurer, applicable regulator or other interested party in the event that there is any complaint, dispute, conflict, loss, damage, death or injury arising from your use of the DigsConnect Platform.
The “find a digs” platform on the DigsConnect Platform enables Users to upload personal information, to advertise or view advertisements for the letting of residential properties, to arrange viewings of residential properties, to interact with other Users for the purposes concluding a Lease Agreement, to manage the payment of Rental and other services related to the leasing of residential property.
Landlords may have an opportunity to rate their Students and to provide any additional feedback relating to the use of the DigsConnect Platform.
Students may have an opportunity to rate their Landlords and the Leased Premises and to provide any additional feedback relating to the use of the DigsConnect Platform.
Any complaints or queries relating to the DigsConnect Platform can be sent to DigsConnect’s support team, which you can contact via the DigsConnect Platform.
The template Lease Agreement is provided to assist Landlords and Students in regulating their contractual relationship for the leasing of the Leased Premises. DigsConnect does not warrant that the template Lease Agreement is suitable or fit for use in governing the relationship between a Landlord and a Student in connection with any particular Leased Premises.
Users are not obliged to contract using the template Lease Agreement, however a Lease Agreement duly signed by the Landlord and Tenant must be uploaded and recorded on the DigsConnect Platform.
DigsConnect will be entitled to deduct for its benefit an amount equal to 5% of the monthly Rental paid through the use of the DigsConnect Platform in respect of each Lease Agreement.
We make use of Peach Payments in order to process payments. You acknowledge that you may not hold us liable in respect of any claim of whatsoever nature and however arising for any loss or harm you may suffer because of Peach Payments.
FURTHER CONIDITIONS OF SERFVICE
Landlords expressly understand and agree that they are exclusively responsible for identifying, understanding, and complying with all applicable laws, rules and regulations that apply to making their properties and private services available on the DigsConnect Platform and to private tenants.
If you as Tenant or Landlord have any queries or confusion about how or which laws may apply to your supply or receipt of such services from other users, you should always seek legal guidance.
Where Landlords are also Digs Plus members, these Landlords may make use of DigsConnect’s additional photography service, where Landlords may have the option of having professional photographers take photographs of their properties and/or services, which are made available by the photographer to Landlords to use on their Listings. If Landlords make use of this service, the photos taken will become and remain the intellectual property of DigsConnect.
Should you indeed use such photography services or post photographs of your property on the Platform, you acknowledge and agree that DigsConnect shall have the right to use any such images for DigsConnect’s own advertising, marketing and/or any other business purposes in any media or platform indefinitely, without further notice or compensation to you.
SPECIFIC USER WARRANTIES
When using the Platform and/or Services, all users explicitly warrant that they will:
- not engage in offensive, violent, sexual, disturbing or other inappropriate behaviour on the Platform or in any engagement between users;
- report any theft or criminal conduct perpetrated against them to the relevant authorities and DigsConnect (where you understand and agree that DigsConnect is under no obligation to perform any further action in this regard);
- not use the Platform or services for any commercial or in a way to otherwise mislead others as to your relationship with DigsConnect;
- not use the Platform for any unauthorised use, such as for the facilitation of any illegal or undesirable activity, including illegal practices, transactions or the distribution of unsolicited marketing (i.e. spam marketing);
- not offer or host any user at their property as Landlord, where same right to host of offer is not lawfully theirs to provide;
- not contact another user for any purpose other than asking a question related to a relevant property, their own booking/listing, or the other user’s use of the Platform (including prohibited engagements related, but not limited to, recruiting or otherwise soliciting any users to join third-party services, applications or websites);
- not use the Platform to circumvent DigsConnect in trying, requesting, making or accepting a booking outside and exclusive of the Platform, to DigsConnect’s detriment;
- not discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behaviour;
- not use DigsConnect’s intellectual property without DigsConnect's prior express written permission;
- always engage with DigsConnect and other users in good faith and for the mutual benefit of all involved parties as far as possible;
- not use any automated means or processes to collect or process any restricted information which they may have access to via the Platform, or attempt to avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by DigsConnect or any of DigsConnect’s providers or any other third party to protect the Platform;
- not perform any act that can or does damage or negatively affect the performance or proper functioning of the Platform in any way; and
- not violate or infringe anyone else’s rights or otherwise cause harm to anyone.
DigsConnect will prescribe a fee payable by the Landlord to DigsConnect for any additional services, which will be paid into DigsConnect’s prescribed banking account.
DIGS PLUS SERVICES FOR LANDLORDS
This is our great new service for landlords! It allows users to ‘apply’ for a specific property to lease, after which DigsConnect will send the applying user’s information directly to that listed property’s Landlord, in order for that Landlord to get in touch with the applicant user.
Accordingly, this Digs Plus service provides landlords with applying tenants who are most suitable for their property offerings, without the landlord having to search for same tenants themselves!
Landlords will need to pay DigsConnect for the use of these Digs Plus services, where same fee will be detailed to the applying landlord when making application for the Digs Plus Services via the Platform, and detailed on any invoice sent by DigsConnect to the relevant landlord.
THIRD PARTY LINKS TO PLATFORMS
To assist students in finding suitable accommodation, DigsConnect has helpful software interfaces with some tertiary institutions’ websites (institutions with whom we have an authorised application interface), where if a student clicks ‘I need off campus housing’ on that institution’s website, the student automatically gets a DigsConnect account, which they shall be notified of via email, and will have various suitable properties suggested to them by DigsConnect.
Users may then choose to retain or reject same DigsConnect account, where if accepting, the user will then need to accept DigsConnect’s various terms and policies and will be deemed to then expressly understand and consent to their personal information being processed by DigsConnect as attained from the relevant institution.
DISCLAIMER AND INDEMNIFICATION
Digs Connect is not an estate agent as defined in the Estate Agency Affairs Act No. 112 of 1976. Nothing in these Terms and Conditions is intended to nor will it establish any relationship of partnership, joint venture, employment, agency or any similar relationship between DigsConnect and the Landlord or between DigsConnect and the Student.
DigsConnect receives data and services from sources which are not connected to it, nor subject to its control. DigsConnect and the participants in its supply chain rely on internet connectivity and electronic communications, and are susceptible to all the vagaries inherent in that form of connectivity and communication. Whilst DigsConnect will take reasonable steps to create a stable and accessible electronic platform by way of the DigsConnect Platform, it does not represent or warrant, whether express or implied, that the platform or the data aggregated therein will be free of instability or error.
Neither DigsConnect nor its proprietor or any of their officers or employees will be liable for any interruption or delay in the use of the DigsConnect Platform, any interception in communications or corruption of data (including User Data) or systems, any transfer of computer viruses, any error or misstatement in relation to any data (including User Data), any incompleteness in relation to data (including User Data), any improper or inapplicable use to which any data is put, any claim or loss of any nature relating to or arising from the download, installation, access to or use of the DigsConnect Platform or any data (including user data) aggregated within or processed by the DigsConnect Platform.
You waive any claim which you may have against DigsConnect, its officers and employees and you hold DigsConnect harmless and indemnify it against any such claim, including but not limited to reputational damage, bodily injury, death, theft, loss, damage to property (including direct, indirect, special or consequential damages), costs (including but not limited to legal costs) and claims arising from or related to your use of the DigsConnect Platform. DigsConnect will do its best to, and will take all reasonable steps to, monitor, flag and address suspicious and/or inappropriate behaviour.
DigsConnect has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other User Content, or (iii) the performance or conduct of any User or third party. DigsConnect does not endorse any User or Listing. Any references to a User being "verified" (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by DigsConnect about any User or Landlord, including of the User's or Landlord's identity or background or whether the User or Landlord is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to stay in an Accommodation, communicate and interact with other Users or Landlords, whether online or in person. Images are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by DigsConnect of any User or Landlord or Listing.
DigsConnect, or any party from whom it receives any element of the DigsConnect Platform, may from time to time improve, upgrade or enhance the DigsConnect Platform, in which event, the DigsConnect Platform thus improved or enhanced will be the subject of these terms and conditions.
DigsConnect may from time to time activate temporary marketing campaigns for the DigsConnect Platform. In this event, additional terms and conditions will be disclosed to you and shall be deemed to be a part of these terms and conditions. The obligation is therefore on you to review these terms and conditions at regular intervals.
These terms and conditions will apply to each Lease Agreement between a Landlord and a Student.
DigsConnect will be entitled to amend any provision of these terms and conditions from time to time without notice to you. Any amendment to these terms and conditions shall be effective when uploaded by DigsConnect to its website and/or the DigsConnect Platform. Your continued access to or use of the DigsConnect Platform will be deemed to be your acceptance of these terms and conditions, as amended. It is important that you review these terms and conditions regularly so that you are aware of any amendments.
The law of the Republic of South Africa will be used in the interpretation and enforcement of these terms and conditions.
If any provision of these terms and conditions is found by a court to be invalid, void or unenforceable, the remaining provisions shall remain in full force and effect.
No failure on the part of DigsConnect to exercise, and no delay by DigsConnect in exercising, any right under these terms and conditions will operate as a waiver of that right, nor will any single or partial exercise of any right under these terms and conditions preclude any further or other exercise of that right nor act to the exclusion of any other right.
DigsConnect is in no way affiliated with the universities unless specified implicitly on the website or through our advertising.
Additional Services: The provision of priority listings to Landlords, photographing leased premises for purposes of advertising on the DigsConnect Platform and any other additional services offered by DigsConnect from time to time.
DigsConnect: DigsConnect (Proprietary) Limited, a private company registered in the Republic of South Africa with registration no. 2017/040276/07.
The DigsConnect Platform: The Landlord and Student management mobile web-based computer application, software and other components.
Digs Plus: An additional service for Landlords whereby from time to time the Landlord’s property in question will receive homepage exposure on the DigsConnect Platform, and application forms may be submitted for available properties from students through the Platform, amongst other value-add features. This is a paid product for Landlords, billed monthly.
Landlord: Anyone listing accommodation on the platform.
Lease Agreement: The agreement of lease concluded between the Landlord and the Student.
Leased Premises: The property which is advertised on DigsConnect or the subject of the Lease Agreement as the context dictates.
Profile: A profile allocated to each Landlord and Student by the DigsConnect Platform, which records the User’s name, address, mobile phone number, age, preferred method of payment of the Rental and any further information which DigsConnect may require from time to time.
Rental: The amount payable by the Student to the Landlord in terms of the Lease Agreement.
Student: Any user looking for accommodation on the platform.
User: A person who downloads and uses the DigsConnect Platform.
User Data: Data pertaining to a User, including that recorded on its Profile, its identity, habits and preferences relating to the letting and leasing of property, payment methods, address and communication via the DigsConnect Platform.
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