Disclaimer & Privacy Policy

1. Acceptance of Terms and Conditions of Legal Notice and Disclaimer
   1. This website is operated by the Gautrain Management Agency (“the GMA”).
   2. Your use of this website is subject to this Disclaimer and Privacy Policy and Terms and Conditions.
   3. Should you not agree with any term or condition of this Disclaimer and Privacy Policy, you are advised to exit this website immediately.
   4. By accessing, browsing, and/or using this website, you acknowledge that you have read and understood this Disclaimer and Privacy Policy, and agree to comply with and be bound by it.
   5. The GMA reserves the right to, without any notice to you, modify this Disclaimer and Privacy Policy as it deems fit.
   6. The most current version of the GMA’s Disclaimer and Privacy Policy is accessible from this website at any given time, and can be viewed by clicking on the "Disclaimer and Privacy Policy", located at the home page. Your continued or repeated access to or use of this website constitutes your acceptance of any such changes.
2. Intellectual Property
   1. The GMA owns all copyrights and other intellectual property rights subsisting in this website and its contents, including, without limitation, all text, images, graphics, any code contained in this website, and in its look and feel (collectively referred to as “the "Contents"); which you may not use without the GMA’s prior and express consent.
   2. Except where otherwise specified, you may view, copy, or print the Contents for your own personal use; provided that all copies and printouts are for personal use and are also subject to clause 2.1. The prior written consent of the GMA should be procured for use, other than that envisaged in the preceding provision.
   3. The GMA reserves the right to change or delete the Contents at its sole discretion.
   4. Subject to clause 2.2, neither this website nor any of its Contents may be modified or copied, in whole or part in any form, including by framing, incorporation into other websites or other publications, or be used to create any derivative work.
   5. No links to this website may be included in any other website without the GMA’s prior written consent.
   6. None of the trademarks, on this website, may be used without the GMA’s prior written consent, which must be sought in each instance it is used. The GMA and its partners, to whom such trademarks may belong, reserve all their rights in such trademarks.
   7. Other than as specified in this Disclaimer and Privacy Policy, nothing on this website should be construed as granting any right or license.
   8. The use of third parties' content, accessed through this website, is subject to such terms and conditions as each third party may, at its sole discretion, issues.
3. Third-Party Websites
   This website may contain hypertext links to third party websites. The GMA provides such links solely for convenience, and has no control over any websites that may be accessed or available through them. The GMA does not endorse, sponsor, recommend or otherwise accept any responsibility for such third party websites, their content or availability. In particular, the GMA does not accept any liability for any infringement of any person's intellectual property rights by, or liability arising out of any data, information, record, or opinion contained on or based on any such third party website.
4. Limitation of Liability and Disclaimer
   1. This website is provided "as is" without warranty of any kind, except as expressly set forth in this Disclaimer and Privacy Policy.
   2. The GMA makes no representation, warranty, or guarantee, relating to the suitability, reliability, availability, timeliness, quality, accuracy, completeness, fitness, or security of this website, any data, information, record, or result available on or through this website, or obtained through or resulting from the use of this website, for any purpose.
   3. You retain and/or assume all risks arising out of your use or performance of this website.
   4. To the maximum extent permitted by law, the GMA excludes all liability, for special, incidental, indirect, collateral, consequential, exemplary, or punitive damages, whether arising out of contract, equity, statutory or strict liability, delict (including negligence), or other theory of liability (including breach of warranty), incurred by you or any other person, arising out of, or in any way connected with or relating to, the use or performance of this website, any delay or inability to access or use this website, or any error, omission, or inaccuracy contained in any data, information, record, or result obtained through or resulting from the use of this website. The foregoing provision applies even where the GMA has previously been alerted to the possibility of such damages, including liability to third parties, and applies to any failure to meet any duty, including any duty of good faith or reasonable care.
   5. To the extent permitted by law, the limitations and exclusions set out above apply, notwithstanding the failure of essential purpose of any remedy or any breach or default by the GMA.
5. Electronic Mail (email) Disclaimer and Confidentiality
   1. Any email sent under the domain: “Gautrain.co.za” or into the said domain is intended for the sole use of the individual or entity to whom it is addressed, and may contain information that is confidential, privileged, or unsuitable for use by any other person or entity, which information remains the property of the owner thereof, notwithstanding its erroneous delivery to an unintended person.
   2. The use and/or disclosure of the contents of such email, links, or attachments thereto to any person, other than the recipient so indicated by the sender, and/ or the storage thereof in any medium is strictly prohibited.
   3. Unauthorised disclosure and/or use of the contents of such email, links, or attachments thereto may result in civil and/or criminal liability.
   4. If you erroneously receive an email, from the Gautrain.co.za domain, you are requested to immediately notify the sender and delete the email and its attachments (where applicable), and you may not act on the data or information contained therein.
   5. The use, copying, sale, disclosure, or incorporation into any database or mailing list of the contact details of the sender, or individuals whom the email was intended for, is prohibited.
   6. Any views or opinions presented in the email are solely those of the author, and do not necessarily represent those of the GMA, unless proven otherwise.
   7. Neither the GMA nor the sender warrant the integrity of the e-mail, thus neither of them accept liability for any loss, damages, or expense arising from the receipt and/or use of the email or its attachment/s.
   8. The recipient indemnifies the sender and the GMA against loss, damages, or expenses suffered or incurred by any third party to whom the recipient may have disclosed the contents of the email.
   9. You permit the GMA to use your personal information, transmitted on this website, for statistical, and communication purposes.
   10. This entire clause 5 takes precedence over any other email disclaimer received via any other medium.
6. Indemnification
   You agree to indemnify and hold the GMA harmless from any liability, claim, and/or expense resulting from your breach of this Disclaimer and Privacy Policy, misuse of this website or any of the Contents, or infringement of any third party’s intellectual property right.
7. Governing Law
   This Disclaimer and Privacy Policy shall be governed by and construed in accordance with the laws of the Republic of South Africa.
8. Jurisdiction
   This South Gauteng Local Division shall have juristic to preside over all disputes arising from usage of this website.

Privacy Policy of Gautrain Management Agency (“GMA”)

1. Website usage consent; By using this website the user consents to the following:
   1. The GMA may use your personal information for communication purposes from time to time; provided that the communication is related to the business of the GMA. Users may request to be removed from any communication system at any time;
   2. The GMA may use the user’s information for statistical purposes;
   3. Subject to the continued subsistence of the user’s consent, the GMA may use the user’s personal information in the ordinary course of its business and for promotions and marketing of its services and events;
   4. The GMA retains the copyright in databases of personal information of users;
   5. The GMA may share the user’s information with associated business partners for commercial purposes;
   6. The GMA may without prior notice to the data subject, release the user’s personal information to a third party if it objectively believes that it is required by law or by a court to do so;
   7. The GMA may also disclose the user’s personal information, to law enforcement agencies, if it believes that such disclosure is necessary to prevent, lessen, or investigate any unlawful or harmful action.
2. Confidentiality
   1. Any information provided to the GMA, whether on any forms completed through this website and any information, about the user, which the GMA is in possession of, will be regarded as personal information, and subject to the Website Terms and Conditions, shall be treated as private and confidential.
3. Disclosure of Personal Information
   1. Subject to the provisions of this Privacy Policy and the Website Terms and Conditions, no personal information will be disclosed to third parties without the user’s permission.
4. Data Collection
   1. The GMA gathers and will be in possession of the following private and personal information of users:
      1. Information provided by the user voluntarily, e.g. through forms, polls, or contests completed or entered through this website; and
      2. Information automatically gathered through the collection of Usage Data when you interact with this website, and through the use of cookies.
5. Statistical Data
   1. Most of the data that is automatically collected is statistical data about how people use this website and is not linked to any personal data.
6. Data Usage Limitations
   1. The GMA believes in minimizing the data that is collected from users and will only use user data, when it is needed to deliver the services provided through this website, or for legal compliance or other lawful purposes. Without limitation, the said usages include:
      1. Delivering, updating, and improving the website services by collecting various data to:
         1. Improve and optimize the performance of this website;
         2. Identify and investigate security risks, errors, problems, and needed enhancements to this website;
         3. Detect and prevent fraud and abuse of this website;
         4. Collect statistics about the use of this website; and
         5. Analyse how users engage with this website and which of the website features are most relevant to a particular user;
   2. Sharing with trusted third parties
      1. The GMA may share your personal data with trusted third-party service providers in order for them to perform certain tasks on the GMA’s behalf, which may include:
         1. Delivering content and communications to you (such as email);
         2. Analysing website usage and customer demographics;
         3. Serving advertisements and notifications;
         4. Conducting surveys or contests; and
         5. Managing customer relationships.
            Note that only data that is needed for the third party to perform the tasks, assigned to it, on the GMA’s behalf, may be shared with the third party. These third parties are prohibited from using, sharing, or keeping your personal data for any other purpose, and are bound to strict data processing terms and conditions.
   3. Communicating with users
      The GMA may contact you directly or through a third-party for research, communication or marketing purposes through:
      1. Email;
      2. Phone calls; or
      3. Text messages.
   4. Website analytics
      Various third-party web analytics tools such as Google Analytics are used to collect information on how users interact with this website. This data may include information on which pages are visited, how much time is spent on each page, which operating system and browser is used, and geographic location information. These tools will place cookies in the user’s browser for this purpose. This information does not include personal data such as names, address, email addresses, etc.
      
   5. Targeted Advertisements and notifications
      Our third-party business partners may use technologies such as cookies to gather information regarding user activities on this website to provide you with advertising based on your interests, and to measure the effectiveness of the advertisements.
   6. Compliance with legal, regulatory, and law enforcement requests
      The GMA cooperates with law enforcement, government officials and private parties to comply with the law. The GMA will, in its sole discretion, disclose any information about users to such parties as necessary to respond to claims and legal processes, to protect its property and rights or the property and rights of a third party, to protect the safety of the public or an individual, or to prevent or stop illegal or unethical activity.
7. The GMA follows generally accepted standards to collect, store and protect personal data, including the use of encryption, and retains personal data for as long as it is needed to provide a service to the user or required by law. Such personal data may subject to the Protection of Personal Information Act, 2013, thereafter be retained for statistical purposes.
   
8. The GMA reserves the right to modify this Privacy Policy at any time, without notice to the user. Any changes made to the privacy policy are effective immediately, after they are posted on this page.