Please read our Terms and Conditions in conjunction with this Privacy Notice.

ABOUT US

BlackFire Deals, is a lead generation and marketing brand, owned and operated by BlackFireHoldings (Pty) Ltd, in which a consumer subscribes to a platform that brings you the latest specials, deals and promotions in various industries, such as financial services, insurance, motor warranty, loans, phones etc.

BlackFire Deals ultimately connects you to products and services that adds value to your life. We do this by partnering with product and services providers, clients, as well as marketplaces. We will therefore keep you in touch with some of SA’s most respected and top Financial Service, Insurance and Telecommunications Companies, and more.

ABOUT THIS PRIVACY NOTICE

This Notice sets out how we use and protect any personal information that you, the customer, give us when you use the Service. This privacy notice has been put in place to assure you and give you the peace of mind that we take access to your personal information seriously. It also gives you our details in case you want to contact us and query any issues that you may have. If you have any questions about this Notice or do not agree with it, please contact us before using the Service. We may change this Notice from time to time by updating this page. You should check this page from time to time to ensure you are happy with any changes.

By subscribing to BlackFire Deals you agree to our terms and conditions and this Privacy Notice.

ABOUT THIS SERVICE

The Service presented to existing or potential customers is a voluntary service through which we collect certain personal information about you, for the purpose of passing your personal information to our clients to enable them to market, or facilitate the marketing of, certain products or services to you.

When you submit your personal information to us, you agree that we may process your personal information on the basis described in our terms and conditions and this Policy. Our clients are typically insurance providers, financial service providers, motor industry providers, asset providers, loan and phone providers and other related service providers. In some cases we have clients that enable and facilitate the direct marketing offers of products and services, as set out in our terms and conditions and this privacy notice.

We also use your personal information to convey your opinions and preferences to our clients, relating to relevant products and services to enable them to both identify products and services you may be interested in and address concerns you may raise about them.

LEGAL AGE AND CAPACITY

You may not use the Service and may not accept this Policy if you –

• lack the legal capacity to enter into a binding contract with us;
• are a person who is not permitted to access or use this Service under the laws of the country in which you are resident or from which you access the Service; or
• require the consent of a guardian or parent to competently agree to this Policy and have failed to obtain that consent.

By using the Service and/or content made available to you through the Service (“Content”) you represent and warrant that you are of full legal age, or are emancipated or have your guardian’s consent to enter into a contract being our terms and condition and this Policy.

PERSONAL INFORMATION WE MAY COLLECT ABOUT YOU

We may collect the following information:

• any information which you are asked for when registering to use or when otherwise using the Service;
• a list of the products, services you indicate an interest in or have made use of;
• your name and contact information, including email address and location;
• identifiers such as your identity number or passport number;
• information relating to your use of our products and services;
• indications that you have opted-in to receive communications;
• information when you complete online forms (including call-back requests), take part in surveys, competitions, promotions or prize draws;
• Information when you interact with us using social media;
• information regarding your personal or professional interests, demographics, income, age, location, experiences with our products and contact preferences in order to provide you with further correspondence about our products and services.

You supply your personal information to us voluntarily. However, failure to provide us with the required personal information may result in you not being able to access the Service provided.

In the event that we collect information from a 3^rd party and not directly from you, we will always ensure that we have the relevant legal justification to do so.

WHAT DO WE DO WITH YOUR INFORMATION

We use this information to provide you with a better service, and in particular for the following reasons:

• sending you, or facilitating the marketing, marketing communications (SMS, PCM, E-mail, AVM, WhatsApp, Telephonic Calls) with the latest specials, deals and promotions in various industries, such as financial services, insurance, motor warranty, loans, phones etc;
• providing information about goods and/or services you have requested and notifying you about important changes or developments to these goods and/or services;
• enrich and profile your information with our own databases or that of third parties;
• share your information with our clients to facilitate product and service offering as set out;
• share with a 3^rd party to enable a credit check to be conducted, where you enquired about products where pre-vetting is necessary for credit related product offerings;
• deliver targeted advertising, marketing or information to you based on your preferences and profile compiled while using our services;
• to follow up as part of our customer care procedures;
• updating our records about you;
• internal record keeping;
• administering offers;
• to improve our products and services;
• crime detection prevention and prosecution;
• competitions and other promotions;
• evaluating the effectiveness of our marketing and for research, training and statistical analysis with the aim of improving our services;
• making our Service easier for you to use and providing you with access to certain parts of the Service; and
• to contact you for market research purposes on behalf ourself and / or our clients.

At the time you provide us with any information in response to a request from us, our request will provide you with specific information as to how we will use such information.

Other than for the direct marketing purposes referred to below, we may contact you by e-mail, phone, sms, WhatsApp or mail in relation to the purposes set out in this section and by providing such information you are deemed to have agreed to us contacting you by these methods of communication. We will continue to contact you by way of such methods until you advise us in writing you no longer wish to be contacted by certain methods.

We will not pass your details to anyone else (other than on the basis set out in our Terms and Conditions and this Privacy Notice and in accordance with appropriate disclosure requirements we may be subject to).

Note that we use various third-party systems to effectively manage engagement with you. Some of these systems may host your data in various locations and will be processed by third parties that provide these relevant services, such as hosting of your data, and it might be transferred to different jurisdictions. Your information will only be transferred outside of South Africa where we are allowed to do so in accordance with applicable law, and where the relevant and suitable safeguards have been put in place.

DIRECT MARKETING

We would like to provide you with information about new products, promotions, special offers and other information, which we think you may find interesting. You agree that we may send you marketing communications (SMS, PCM, E-mail, AVM, WhatsApp, Telephonic Calls) and / or put you in touch with clients, on the basis as set out in our Terms and Conditions and Privacy Policy. This forms part of our service offering.

You may opt-out of our direct marketing campaigns at any time, at which point we will not send you any direct marketing related to a specific service or associated campaign. Should you decide to opt out of all or any direct marketing received from us, you can either click on the following link www.d0t.tv, or register on the national do not contact list which can be found on www.dmasa.org .

If we are providing you with Services you will also be subject to the specific terms and conditions relating to the product or services you are being provided with and these terms will include additional information as to how we or any of our Clients may contact you.

If you are a new Customer or you have previously asked us for information on our products, we may send you information on our range of products through our marketing communications (SMS, PCM, E-mail, AVM, WhatsApp, Telephonic Calls email).

If the reason you have given us personal information is to receive marketing communications from us, we will continue to provide this information to you unless you ask us not to do so.

PERSONAL INFORMATION WE COLLECT AUTOMATICALLY

When you use the Service, we automatically receive and record information on our server logs from your browser or mobile platform, including your location, IP address, cookie information, and the page you requested.

We mostly uses this data in aggregate form and we may provide this aggregate information to our 3^rd party providers and / or clients about how our customers collectively use the Service, so that they may also understand how you make use of the Service.

CONSENT TO COLLECT FROM EXTERNAL SOURCES

You acknowledge and agree to allow us to collect further information about you from external sources, including credit bureaus and our 3^rd Party Providers for the:

1. purpose of ensuring that our aggregated data is accurate and up to date;
2. purpose of enriching your data in order for us to offer you services better suited to your interests and lifestyle; and
3. to perform, or have a credit bureau perform a credit check, that will include pre-vetting for credit related product offerings.

SECURITY

We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure we have put in place appropriate organizational and technological measures to safeguard and secure the information we collect about you.

COOKIES

As we mentioned above, we use cookies on our web based Services. Cookies are files that store information on your hard drive or browser that means that our Service can recognize that you have visited our Service before. They make it easier for you to maintain your preferences on the Service, and by seeing how you use the Service, we can tailor the Service around your preferences and measure usability of the Service. You can, should you choose, disable the cookies from your browser and delete all cookies currently stored on your computer. You can find out how to do this for your particular browser by clicking “help” on your browser’s menu.

SHARING YOUR INFORMATION

We will not transfer, disclose, sell, distribute or lease your personal information to third parties other than on the following basis:

• where we have your consent as indicated on our terms and conditions;
• where we are required to do so by law;
• where it is deemed by us to be in our legitimate interest;
• where it is needed by our agents, advisors or others involved in running accounts and services for you or in undertaking activities linked to the operation of such services or accounts on our behalf; or
• where the transfer or disclosure would otherwise be in compliance with legal requirements we are subject to including, but not limited to, statute or regulation.

ACCESSING YOUR PERSONAL INFORMATION

If you think any information we have about you is incorrect or incomplete, please contact us at enquiries@blackfireholdings.com , in writing, as soon as possible. We will correct or update any information as soon as possible.

KEEPING YOUR PERSONAL INFORMATION

You agree to allow us to keep your personal information after we have finished processing it for its original purpose. You further agree that we can further process your personal information in the future for the purposes mentioned in our terms and conditions and this Policy, without needing to notify you. You can ask us to delete any information we have of you by making a request in writing.

CONTENT LICENSE

We grant you a personal, revocable, worldwide, royalty-free, non-commercial, non-transferrable and non-exclusive license to access our Content on the Service. This license is for the limited purpose of enabling you to use the Service, in the manner permitted by this Policy and the Service’s functionality. In the event we revoke this license, you may no longer access the Service or make any use of our Content.

You acknowledge that you do not acquire any ownership rights or rights of use in or to any Content by copying, reproducing, distributing, transmitting, displaying, broadcasting or publishing that Content except where explicitly permitted to do so.

LIABILITY

This Policy contains provisions which limit our exposure to legal liability and even make you responsible for a variety of acts. Some of these provisions do have the effect of limiting your rights in law and conferring obligations on you by virtue of your agreement with this Policy.

DISCLAIMERS AND LIABILITY LIMITATION

Your use of and reliance through the Service is entirely at your own risk. The Service is provided “As Is” and “As Available”.

To the fullest extent permissible by law, we disclaim all warranties of any kind, whether expressed or implied.

While we take reasonable precautions in our operation of the Service, you agree that we shall not be liable in respect of any Losses however arising and whatever the cause. “Losses” means all losses (including, but not limited to those in respect of injury, damage to physical property or loss of life), liabilities, costs, expenses, fines, penalties, damages and claims, and all related costs and expenses (including legal fees on the scale as between attorney and own client, tracing and collection charges, costs of investigation, interest and penalties).

We will use reasonable endeavours to make the Service available to you, and keep the Service available to you at the appropriate times. However, you agree that we shall not be liable in respect of any Losses caused by or arising from the unavailability of, any interruption in or your access to the Service (either in part or as a whole) for any reason whatever.

INDEMNITY

You indemnify us from any Losses attributable to your use or miss-use of the Service

THIRD PARTY GOODS AND SERVICES WEBSITES

Your use of those 3rd Party goods and/or services which you may link to or access through your use of the Service may be subject to this Policy and/or the terms and conditions applicable to those 3rd Party goods and/or services. You agree that it remains your obligation to familiarize yourself with 3rd parties’ terms and conditions and to comply with both them and this Policy. In the event there is a conflict between this Policy and 3rd Party’s terms and conditions, this Policy shall prevail to the extent of the conflict for the purposes of your Service use.

Links to and from the service from and to 3rd Party websites do not constitute BlackFire Deals endorsement of these 3rd Party websites or their contents, nor does BlackFire Deals necessarily associate itself with their owners or operators. You are solely responsible for identifying and familiarizing yourself with any terms and conditions which will govern your relationship with 3rd Parties operating the 3rd Party websites.

BlackFire Deals has no control over 3rd Party websites and you agree that we are not responsible for any content, information, goods or services available on or through any 3rd Party websites or for any Losses caused or alleged to be caused by or in connection with your use of or reliance on any such content, information, goods or services available on or through any 3rd Party websites. You agree that where you access 3rd Party websites, you do so entirely at your own risk.

Your interaction, correspondence or business dealings with 3rd Parties which are referred to or linked from or to the Service is similarly entirely at your own risk and are solely between you and that 3rd Party including the acquisition, disposal, payment and delivery of any goods or services, and any terms, conditions, warranties or representations associated with such interaction, correspondence or business dealings.

GOVERNING LAW AND JURISDICTION

The Service is controlled and maintained from our facilities in the Gauteng province of the Republic of South Africa. You irrevocably agree that the law of the Republic of South Africa shall govern the Service and this Policy.

You consent to the jurisdiction of the Cape Town High Court, Cape Town, South Africa in respect of disputes which may arise out of your use of the Service and this Policy.

You also irrevocably and unconditionally consent to the jurisdiction of the Magistrates Court even though the value of a claim which we may have against you may exceed the ordinary monetary jurisdiction of the Magistrates Court.

DOCUMENTS AND NOTICES

We choose the addresses and other contact details specified in our ECT Act Disclosures section, below, for all communication purposes under this Policy, whether in respect of court process, notices or other documents or communications of whatsoever nature.

In this Policy, headings are for convenience and we don’t intend for them to be used to interpret this Policy.

If, in this Policy, we refer to a party who is liquidated or sequestrated (or has been through a comparable process under a different legal system), then this Policy will also be applicable to and binding on that party’s liquidator or trustee, as the case may be.

Unless we indicate to the contrary in this Policy, any references to any gender includes the other genders, a natural person includes an artificial person and vice versa, the singular includes the plural and vice versa.

When we specify any number of days in this Policy, the number of days excludes the first day and includes the last day unless the last day falls on a Saturday, Sunday or gazetted public holiday in the Republic of South Africa, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or gazetted public holiday in the Republic of South Africa. Generally speaking, references to a “day” are references to typical business days.

ECT ACT DISCLOSURES

Access to the content on or through the Service and the Website itself are classified as “electronic transactions” in terms of the Electronic Communications and Transactions Act (No. 25 of 2002), as amended from time to time (“ECT Act”), and therefore you have the rights detailed in Chapter VII of the ECT Act and we have the duty to the disclose the following information:
Main business : Direct Marketing
Website address : https://www.BlackFireDeals.com/
Official email address : enquiries@blackfireholdings.com
Membership of self-regulatory or accreditation bodies : DMA
Governing terms of use : These terms and our Privacy Policy
Manual in terms of the Promotion of Access to Information Act 2 of 2000 : See Website.
Costs associated with the access to and use of the Service : There are no costs associated with accessing the Service
Dispute resolution : No specific dispute resolution process
Complaints process : If you have any complaints or would like more information please e-mail complaints@blackfireholdings.com

Definitions

The following words and phrases bear the meanings assigned to them below and related expressions bear corresponding meaning:

• “3rd Party” means any one or more third party product or service providers that we will put in touch with you to offer you goods or services that you may be interested in.
• “Client” means the entity or person who contracts with us for the use of the Services;
• “Content” means all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which may be protected by copyright;
• “ECT Act” means the Electronic Communications and Transactions Act 25 of 2002 (as amended from time to time as well as any regulations issued in terms of this Act);
• “Intellectual Property” means all works, including literary works, pictorial, graphic and sculptural works, architectural works, works of visual art, and any other work that may be the subject matter of copyright protection; advertising, marketing and promotional concepts, ideas, proposals and slogans (whether or not subject to copyright); information; data; formulas; designs; models; drawings; computer programs; including all documentation, related listings, design specifications, and flowcharts; trade secrets; and any inventions, including all processes, machines, and compositions of matter, and any other invention that may be the subject matter of patent protection; and all statutory protection obtained or obtainable thereon;
• “Intellectual Property Rights” means rights, whether registered or unregistered, including applications for and rights to obtain or use Intellectual Property;
• “Losses” means all losses (including, but not limited to those in respect of injury, damage to physical property or loss of life), liabilities, costs, expenses, fines, penalties, damage, damages and claims, and all related costs and expenses (including legal fees on the scale as between attorney and own client, tracing and collection charges, costs of investigation, interest and penalties);
• “Party” means either BlackFire Deals or you as the context may indicate (“Parties” has a corresponding meaning);
• “Personal Information” bears the meaning contained in the Protection of Personal Information Act, no 4 of 2013, as amended from time to time;
• “Service” means the services provided by BlackFire Deals through which they market various products to users by means of SMS, email, automated voice messaging and online marketing;
• “South African Law” means all and any laws and regulations of the Republic of South Africa, including but not limited to applicable codes of conduct, as may be promulgated or amended from time to time;
• “Terms” means the terms and conditions which govern use of the Service, as amended from time to time, and which comprise the following“
• “use” when used in the context of –

• • a website (whether it be the website affiliated with BlackFire Deals or a 3rd Party Website), means to visit, load in a web browser, mobile phone or similar software application or device or otherwise engage with a website;
• “user” means you, the website user, to which the products are marketed by BlackFire Deals for the purposes of BlackFire Deals.