Privacy Policy

The Cactus Foundation respects your privacy and is committed to protecting it. The Cactus Foundation has a legal duty to protect any Personal Information or data collected from you. This Privacy Policy sets out the ways in which your Personal Information is obtained and stored by The Cactus Foundation, and the conditions on which The Cactus Foundation may use that data and information.

  • Interpretation

In this Privacy Policy, unless inconsistent with or otherwise indicated by the context –

“Personal Information” means information relating to you, including but not limited to (i) your views or opinions or of another individual about you and (ii) information relating to your race, sex, gender, sexual orientation, pregnancy, marital status, nationality, ethnic or social origin, color, age, physical or mental health, well-being, disability, religion, conscience, belief, cultural affiliation, language and birth; education, medical, financial, criminal or employment history; names, identity number and/or any other personal identifier, including any number(s), which may uniquely identify you, account or client number, password, pin code, numeric,  alpha, or alpha-numeric design or configuration of any nature, symbol, e-mail address, domain name or IP address, physical address, cellular phone number, telephone number or other particular assignment; blood type, fingerprint or any other biometric information; personal opinions, views, or preferences; correspondence that is implicitly or expressly of a personal, private or confidential nature (or further correspondence that would reveal the contents of the original correspondence); and corporate structure, composition and business operations (in circumstances where you are a juristic person) irrespective of whether such information is in the public domain or not;

“Processing” means any operation or activity or any set of operations, whether or not by automatic means, concerning Personal Information, including the collection, receipt, recording, organization, collation, storage, updating or modification, testing of, retrieval, alteration, consultation or use, dissemination by means of transmission, distribution or making available in any other form by electronic communications or other means, or merging, linking, blocking, degradation, erasure, or destruction, and “Process” has a corresponding meaning;

Unless the context otherwise requires, or unless otherwise defined in this Privacy Policy, words and expressions defined and rules of interpretation in the Terms and Conditions shall have the same meanings when used in this Privacy Policy.

  • Security 

Although The Cactus Foundation takes reasonable precautions to ensure the security of the website and all Personal Information, it does not warrant or guarantee that this website is completely secure. 

To provide adequate security to you and to monitor activities prohibited under law, you agree that Network for Animal has the right to intercept, monitor, block, read, delete, or access all data sent to this website or any other communication facility provided by The Cactus Foundation. 

Although The Cactus Foundation takes reasonable precautions, it cannot guarantee that documents or files downloaded from this website (if applicable) will be free from viruses and The Cactus Foundation does not accept any responsibility for any damage or loss caused by any virus. The Cactus Foundation advises that you use virus-checking software when using this website and when uploading or downloading any content. 

  • Personal Information

You hereby agree that by submitting Personal Information or using this website, you consent to the Processing of Personal Information submitted to The Cactus Foundation in accordance with this Privacy Policy and the applicable data privacy laws. 

The Cactus Foundation shall – 

  • only Process Personal Information in accordance with the applicable laws and in terms of this Privacy Policy; 
  • not disclose or otherwise make available the Personal Information to any third party (including sub-contractors and staff) other than authorized personnel or third parties who require access to such Personal Information strictly in order for The Cactus Foundation to operate this website or to operate its business or provide services to you, unless you have provided your  prior written permission to do so to The Cactus Foundation;
  • ensure that all persons that have access to the Personal Information are bound by appropriate and legally binding confidentiality and non-use obligations in relation to the Personal Information; and
  • take appropriate, reasonable, technical, and organizational measures to ensure that the integrity of the Personal Information in its possession or under its control is secure and protected against unauthorized or unlawful processing, accidental loss, destruction or damage, alteration, disclosure, or access.
  • Information collected by The Cactus Foundation. 

You agree that The Cactus Foundation may collect, store, and use the following information –  

  • information about your computer and about your visits to and use of this website (including but not limited to your internet protocol address, geographical location, browser type, referral source, length of visit and number of page views); 
  • any information about you required by The Cactus Foundation to conduct its operations; and
  • information that other users share about you.
  • Cookies 

The Cactus Foundation may use cookies to understand you better. Cookies allow The Cactus Foundation to understand who has seen which pages and advertisements, in order to determine how frequently particular pages are visited, and to determine the most popular areas of this website. Depending on the type of cookies used, cookies also allow The Cactus Foundations to make this website more user friendly.

You are entitled to adjust your browser so that cookies are not accepted. Cookies do not contain Personal Information. The Cactus Foundation does not exchange cookies with any third-party websites or external data suppliers.

  • Use of Personal Information

Personal Information submitted on this website or by any other communication will be used for the purposes specified herein. 

Personal Information which requires stronger protection as contemplated by the applicable laws will be afforded stronger protection insofar as The Cactus Foundation may process such information.

You hereby consent to the use of your Personal Information to allow The Cactus Foundation to –

  • administer this website; 
  • improve user experience; 
  • carry out obligations arising from any contracts entered into between you and The Cactus Foundation, as far as it is applicable; 
  • allow participation in interactive features of the services provided (when available);
  • notify you about changes to the services provided or charities or projects supported; 
  • send you email notifications as requested by you; 
  • provide you with information, products and services relating to the information, products, or services of The Cactus Foundation, which The Cactus Foundation thinks may be of interest, by email or similar technology. You are entitled to inform The Cactus Foundation at any time if you do not wish to receive marketing communication; 
  • provide third parties with statistical information about the website users, which information will not include Personal Information; 
  • deal with enquiries and complaints made by or about you; and
  • use the information for such other things as may be required by The Cactus Foundation, or may be ancillary to, the administration of this website or the provision of its services.

It is your responsibility to obtain the necessary consent from a third party prior to submitting a third party’s Personal Information to The Cactus Foundation, and you accordingly warrant that any such consent has been obtained in respect of any Personal Information provided by you. 

The Cactus Foundation shall not share information about the you unless The Cactus Foundation – 

  • shares the information in order to conduct its business and provide its services;
  • has received permission from you; or
  • has removed your Personal Information from it. 

The Cactus Foundation stores Personal Information and other data for as long as it is necessary to provide products and services to you and others, including those described above. Personal Information will be destroyed once it has become obsolete unless The Cactus Foundation is required to retain it in terms of any applicable laws.

The Cactus Foundation may share your Personal Information with its sister organization Animal Survival International (Animal Survival International Ltd., Animal Survival International USA, Inc., and Animal Survival International NPC). By agreeing to these Terms and Conditions, you expressly consent to the sharing of your Personal Information in this manner.

The Cactus Foundation transfers Personal Information across borders, mainly between the United Kingdom, the United States, and South Africa. You accordingly expressly consent to the cross-border transfer of information in accordance with the terms of this Privacy Policy and for the purposes set out herein.

  • Disclosures 

The Cactus Foundation may disclose information about you to any of its employees, consultants, officers, agents, suppliers, subcontractors, beneficiaries insofar as reasonably necessary for the purposes as set out herein. 

In addition, The Cactus Foundation may disclose information about you – 

  • to the extent required to do so by law; 
  • in connection with any legal proceedings or prospective legal proceedings; 
  • in order to establish, exercise or defend its legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk); and 
  • in accordance with applicable laws.

Occasionally third parties may provide Processing services to The Cactus Foundation. In those circumstances (should The Cactus Foundation deem it necessary) those third parties shall be required to enter into a non-disclosure agreement or any other agreement with reference to the protection of Personal Information on no less stringent terms than those found herein, and to process and protect your Personal Information in accordance with Network for Animal’s instructions. 

  • Notification of a Personal Information security breach 

The Cactus Foundation shall – 

  • notify you immediately if it becomes aware or has reasonable grounds to believe that your Personal Information has been accessed or acquired by an unauthorized person, and take all appropriate steps to limit the compromise of Personal Information and to restore the integrity of the affected information systems as quickly as possible;
  • as soon as reasonably possible thereafter, engage with any persons who may be appointed by The Cactus Foundation to discuss the security breach, to report all relevant facts relating to the compromise and steps to be taken to mitigate the extent of the compromise and loss occasioned by the compromise; and
  • provide you with details of the Personal Information affected by the compromise, including but not limited to, the nature and extent of the compromise, and, where possible, details of the identity of the unauthorized person/s who are known to or who may reasonably be suspected of, having accessed or acquired the Personal Information.

The Cactus Foundation shall at its own cost, take all necessary steps to mitigate the continuation of the compromise, the repetition of a similar compromise, and mitigate the extent of the loss occasioned by the compromise of the Personal Information and implement all measures reasonably necessary to restore the integrity of Network for Animal’s information system.

  • Your rights

You have the right to decide which Personal Information is kept about you. The Cactus Foundation shall provide you with (free of charge) confirmation whether or not it holds Personal Information about you and with further details regarding the Personal Information so held (if applicable) in accordance with the applicable laws. If you are concerned that any of the information so held is incorrect, please contact The Cactus Foundation immediately. You are further entitled to request that any such information be deleted or the use thereof restricted. 

You are entitled to instruct The Cactus Foundation not to utilize your Personal Information for direct marketing purposes or in any further manner by emailing The Cactus Foundation at any time.

  • General

You hereby agree that any user aged 18 or under must first get his/her parent/guardian’s permission before providing Personal Information on this website or to The Cactus Foundation. 

Subject to the above, you warrant that you are at least 18 years of age and possess the legal right and ability to agree to the Terms and Conditions and Privacy Policy, alternatively that you have the requisite permission from your parent/guardian to do so.

All information that is incorporated by using hyperlinks and/or other methods of reference form part of this Privacy Policy. 

Data messages to The Cactus Foundation are only deemed to be received by The Cactus Foundation when it responds thereto. Such acknowledgement further does not give legal effect to that message, unless specifically indicated by The Cactus Foundation to the contrary in writing. 

This Privacy Policy (together with the Terms and Conditions) constitutes the entire agreement between the parties as to the subject matter hereof and save as may be expressly set out herein, no agreements, representations, or warranties between the parties regarding the subject matter hereof other than those set out herein are binding.

No indulgence, leniency, or extension of time which The Cactus Foundation may give or allow to you in respect of the performance of any obligation hereunder, shall in any way prejudice The Cactus Foundation  giving or allowing the indulgence, leniency or extension or preclude it from exercising any of its rights and enforcing your obligations in terms of this Privacy Policy.

  • Complaints

You may lodge complaints or concerns in respect of this Privacy Policy by sending an email to info@cactusfoundation.africa.

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