Cookies are small pieces of text dropped on your browser when you visit a website, email, advertisement, or other online service that store information. Pixels (also known as web beacons), are pieces of code embedded in a website, email, application, advertisement, or other online service that sends information about your use to a server. There are various types of pixels, including image pixels (which are small graphic images) and JavaScript pixels (which contain JavaScript code). When you access a location that contains a pixel, the pixel may drop or read cookies on your browser. We also use other technologies, such as software development kits, for similar purposes. In this Cookie Statement, we hereafter refer to all of these technologies as “cookies.”
We use cookies to provide, protect, and improve our products and services, such as by personalizing content, understanding user behavior, and providing a safer experience. We also use cookies to provide you with personalized advertisements, including on third-party websites and applications, and to determine the effectiveness of our promotional campaigns. We describe below the various types of cookies we use and the purposes they perform. Please note that the specific cookies we may use vary depending on the specific websites and services you use.
Essential cookies: These cookies are strictly necessary to provide you with our websites and services and to enable essential features, such as providing shopping cart or product application functionality. If you disable these cookies, we will not be able to fulfill your requests.
Performance and functionality cookies: These cookies collect information about how you use our websites and services and allow us to remember the choices you make while browsing. The information these cookies collect allows us to optimize our websites and make them easier for you to use, and it does not personally identify you. If you disable or opt out of these cookies, you may not be able to use certain features of our websites, applications, and services, and it may reduce the support or information that we can provide you.
Analytics and customization cookies: These cookies collect information we use in aggregate form to help us understand how our websites, applications and services are being used and how effective our marketing campaigns are, and to help us customize our websites. If you disable or opt out of these cookies, you may not be able to use certain features of our websites, applications and services, and it may reduce the support or information that we can provide you.
Advertising cookies: These cookies collect information about your browsing or shopping history and are used to make advertising messages more relevant to you. They perform functions like preventing the same advertisement from continuously reappearing, ensuring that advertisements are properly displayed, and in some cases selecting advertisements that are based on your interests. We may share this information with third parties to help create and deliver advertising personalized to you and your interests. If you disable or opt out of these cookies, you may not be able to use certain features of our websites, applications and services, and it may reduce the support or information that we can provide you.
Social networking cookies: These cookies are used to enable you to share pages and content on our websites and services through third-party social networking and other websites. These cookies may also be used for advertising purposes.
You may also encounter cookies on our websites, applications and services that are placed by third parties. For example, when you buy our products online, our e-commerce vendor may use cookies and other technologies. We may also allow third parties to place cookies on our websites to track information about your online activities and/or across third-party sites or online services, including to send you targeted advertisements based on that information, which may include the remarketing of our products and services that you have viewed on our websites and on third-party websites. This Cookie Statement does not apply to the cookies, applications, technologies, or websites that are owned and/or operated by third parties, or such third parties’ practices, even if they use or access our technology to store or collect information.
We utilize third-party service providers to deliver advertising on our sites and to serve ads on third-party sites. This enables us to direct advertisements to you for products and services in which you might be interested (interest-based ads). We respect the ad industries’ Self-Regulatory Principles for Online Behavioral Advertising (“Principles”), and work with third-party service providers who participate in the Principles. Opting out only means that the selected participants should no longer deliver certain targeted ads to you, but does not mean you will no longer receive any targeted ads (e.g., in connection with the participants’ other customers or from other technology services).
In addition, your browser or device may offer settings that allow you to choose whether browser cookies are set and to delete them. For more information about these controls and to exercise your cookie preferences, visit your browser or device’s help material. If you choose to reject cookies, as noted above, you may not be able to use certain features of our websites and services. Please note that your opt-out generally will only apply to the specific browser or device from which you opt-out, and may reset if you delete your browser cookies or change your settings.
The purpose of this privacy policy is to inform visitors to our website and our customers of the personal information that we will collect, the reasons for the collection and how the information will be processed We are committed to comply with the data privacy legislation and laws applicable to our services and business practices and therefore will take all reasonable measure to ensure that your personal information is processed lawfully, is kept confidential and secure and that we only keep the data for as long as we are obliged by law or have a legitimate business interest to do so
[2.1] Visitors to our website:
When you visit websites hosted by us, we will record your visit; collect IP addresses and information about your operating system and the type of browser you use for the purposes of network/system administration; to report aggregate information to our advertisers, and to audit the use of our site. This data however will not be used to identify individual users who will at all times remain anonymous. We collect this non-identifying data by using “cookie technology”. A cookie is a data file that sits on your computer hard disk. The cookie is placed there by a remote web server that you have visited using a browser like Google™ or Internet Explorer™. It is used to identify visitors during web interactions with a website and contains data parameters that allow the remote HTML server to keep a record of who you are, and what actions you take at the remote website. You have the option to disable the cookie function in your browser, but will be restricted from accessing many sites as a result.
[2.2] Subscription to services and products::
Identifiable personal information will be collected when you purchase products or services from us, use our website for a transaction or sign-up for a subscription service. This information is used to provide the products and services to you as contracted, to generate and issue invoices for payment and to inform you of any changes or actions that may impact on these products or services for which you have contracted or subscribed, including your account status and changes to the terms and conditions of our products and services. Rackzar is a provider of services of certain suppliers and when you contract for these products and services, we may be obliged to share your personal information with these suppliers. We undertake to obtain a commitment from these suppliers to keep your personal information confidential and to only use it for the purpose of providing the service or products. However, we do not accept liability if these suppliers breach these undertakings.
[2.3] Correspondence:
Any information collected from you through correspondence with us, whether via e-mail, telephonically or by written letter, will only be used to address the matters within that correspondence. If this requires referring such correspondence within Rackzar or to a third party to ensure customer service, your personal information will only be disclosed to the point necessary to address your query or concerns and will otherwise be kept confidential.
[2.4] Promotional activities:
Rackzar may on occasion use your personal information to contact you about promotional offers; advise you of matters relevant to service provision and in some cases or solicit your feedback. We will provide you with an option within every communication to opt out of receiving any communications of this nature or you can contact our customer services representatives to ensure that you do not receive such promotional information.
[2.5] Other uses:
In most cases, we collect this information to ensure network integrity and that we continue to provide you with the most relevant content and best possible service that suit your needs. In some cases, we are required by law to collect personal information about customers. Except where the law requires otherwise, we undertake to protect the confidentiality of such data. We may also combine information about you that we have with information we obtain from our business partners or affiliates. Rackzar collects and shares aggregated user data with business partners, sponsors or other third parties for the purposes of developing content and ensuring relevant advertising and content. Such user data will never be used to identify individual users. These business partners and affiliated companies do not have any independent right to share this information.
[3.1] We undertake to apply all reasonable measures to protect the confidentiality of our customers and users including all personal information supplied in the course of contracting with us for services and products. We undertake not to sell your personal information to third parties for commercial or marketing purposes.
[3.2] We implement a variety of security measures to maintain the safety of your personal information when you enter into a transaction, submit, or access your personal information and to prevent unauthorised access to or destruction of your personal information. We offer the use of a secure server. All supplied payment information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our payment gateway provider’s database only to be accessible by those authorised with special access rights to such systems. After a transaction, your private information (credit cards, identity numbers, financials, etc.) will not be stored on our servers.
[3.3] Should any of our databases be compromised with the result that your personal information has been unlawfully disclosed, we will advise your via e-mail or with a notice on our website and advise you on the step that you may take to protect your personal information.
[3.4] We only retain and store your personal information for as long as we are required by law or to serve our legitimate business interests. When these reasons no longer applies, we will delete your personal information in a responsible and secure manner.
[3.5] We rely on our customers to provide us with their updated personal information. In order to avoid any interruption in service or disputes regarding payment, please send us your updated information, including banking details, e-mail and physical addresses and telephone numbers, as soon as it changes. You may contact us to confirm which of your personal information we store and whether it is accurate and complete.
Rackzar’s websites contain many links to sites that belong to third parties unrelated to us. Rackzar will not accept liability for any use of your personal information arising from you disclosing personal such information on third party sites. Rackzar cannot protect any information you may disclose on these sites and recommends that you review the privacy policy statements of those sites you visit.
Rackzar will not enter into a service subscription contract with a minor unless such minor has explicit written consent from a parent or guardian to do so. Rackzar undertakes not to contact minors about promotional offers or for marketing purposes without parental consent.
[6.1] Rackzar reserves the right to disclose information about customers where required in good faith, to do so by law or to exercise our legal rights or defend ourselves against legal claims.
[6.2] Rackzar further reserves the right to share information with law enforcement to investigate or prevent illegal activities being committed over our network.
[6.3] Rackzar reserves our rights to disclose your personal information where you have given us express consent to do so.
[6.4] Rackzar reserves the right to monitor user and network traffic for site security purposes and prevent any unauthorised attempts to tamper with our site or cause damage to our property.
[7.1] Rackzar reserves the right to make changes to this Privacy Policy or update it from time to time. Where a major change is made, customers will be informed through a notice on our website. Customers and website visitors bear the responsibility to ensure that they have read the changes or updates as the case may be.
[7.2] If there are any questions regarding this privacy policy you may contact us using the information below:
E-mail: support@Rackzar.com
Street address: The Epic Industrial Park, 39 Berkley Rd, Ndabeni, 7405, Cape Town, South Africa
Website: https://www.Rackzar.com
This Manual is published in terms of Section 51 of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000) ("the Act"). The Act gives effect to the provisions of Section 32 of the Constitution, which provides for the right of access to information held by the State and to information held by another person that is required for the exercise and/or protection of any right. The reference to any information in addition to that specifically required in terms of Section 51 of the Act does not create any right or entitlement (contractual or otherwise) to receive such information, other than in terms of the Act.
Rackzar (Pty) Ltd. provides hosting services, in both the corporate and home market. Rackzar (Pty) Ltd. supports the constitutional right of access to information, and we are committed to provide you access to our records in accordance with the provisions of the Act, the confidentiality we owe third parties and the principles of South African law.
A copy of this Manual is available by sending a request for a copy to the Information Officer by email. The Manual may also be obtained from the South African Human Rights Commission ("SAHRC") at the addresses set out below. This Manual will be updated from time to time, as and when required.
Requests for access to records must be made to our Information Officer at the address or electronic mail address provided for below, from the SAHRC website (www.sahrc.org.za) or the Department of Justice and Constitutional Development (www.doj.gov.za) (under "regulations"). The requester must provide sufficient detail on the request to enable the Information Officer to identify the record and the requester. The requester should also indicate which form of access is required and indicate if he or she wishes to be informed in any other manner and state the necessary particulars to be so informed.
The requester must identify the right that he or she is seeking to exercise or protect and provide an explanation of why the requested record is required for the exercise or protection of that right. If a request is made on behalf of a person, the requester must then submit proof of the capacity in which the requester is making the request to the satisfaction of the Information Officer of the Rackzar (Pty) Ltd. Kindly note that all requests to Rackzar (Pty) Ltd. will be evaluated and considered in accordance with the Act. Publication of this manual and describing the categories and subject matter of information held by Rackzar (Pty) Ltd. does not give rise to any rights (in contract or otherwise) to access such information or records except in terms of the Act. Contact Details
Name of Private Body: Rackzar (PTY) Ltd
Designated Information Officer: Warren Cox
Email address of Information Officer: popi@Rackzar.com
Postal Address: The Epic Industrial Park, 39 Berkley Rd, Ndabeni, 7405, Cape Town, South Africa
Street Address: The Epic Industrial Park, 39 Berkley Rd, Ndabeni, 7405, Cape Town, South Africa
Phone Number: +27 87 550 1553
Please direct any queries to: The South African Human Rights Commission: PAIA Unit
The Research and Documentation Department
Postal address: Private Bag 2700 Houghton 2041 Telephone: +27 11 484-8300 Fax: +27 11 484-0582 Website: www.sahrc.org.za EmaiL: paia@sahrc.org.za
Rackzar (Pty) Ltd. has not published a notice in terms of Section 52(2) of the Act, however, it should be noted that the information relating to Rackzar (Pty) Ltd. and its services is freely available on Rackzar (Pty) Ltd.'s website. Certain other information relating to Rackzar (Pty) Ltd. is also made available on such website from time to time.
Further information in the form of marketing brochures, advertising material and other public communication is made available from time to time.
Records Available in Terms of Other Legislation Section 51 (1)(d)
Information is available in terms of the following legislation, if and where applicable.
• Basic Conditions of Employment No. 75 of 1997
• Closed Corporation Act No. 69 of 1984
• Companies Act 61 of 1973
• Electronic Communications and Transactions Act 25 of 2002.
• Labour Relations Act 66 of 1995
• Promotion of Access to Information Act No. 2 of 2000
• Regional Services Councils Act No. 109 of 1985
• Skills Development Levies Act No. 9 of 1999
• Skills Development Act No. 97 of 1998
• Unemployment Contributions Act No. 4 of 2002
• Unemployment Insurance Act No. 63 of 2001
• Value Added Tax Act No. 89 of 1991
The latest notice regarding the categories of records of the body, which are available without a person having to request access in terms of this Act in terms of section 52(2) Section 51(1)(c)
Records Held By Rackzar (PTY) Ltd.
The Rackzar (Pty) Ltd. maintains records on the following categories and subject matters. However, please note that recording a category or subject matter in this manual does not imply that a request for access to such records would be honoured. All requests for access will be evaluated on a case-by-case basis in accordance with the provisions of the Act.
Internal Records
• Memorandum and Articles of Association
• Financial records
• Operational records
• Intellectual property
• Marketing records
• Product records
• Statutory records
• Internal policies and procedures
Personnel Records
Personnel refers to any person who works for or provides services to or on behalf of Rackzar (Pty) Ltd. and receives or is entitled to receive any remuneration and any other person who assists in carrying out or conducting the business of Rackzar (Pty) Ltd. This includes, without limitation, directors, executive directors, non-executive directors, all permanent, temporary, and part-time staff as well as contract workers.
Personnel records include the following:
• Any personal records provided to Rackzar (Pty) Ltd. by their personnel;
• Any records a third party has provided to Rackzar (Pty) Ltd. about any of their personnel;
• Conditions of employment and other personnel-related contractual and legal records;
• Internal evaluation records; and
• Other internal records and correspondence.
Customer Records
Please be aware that Rackzar (Pty) Ltd. is very concerned about protecting the confidential information of its customers. Please motivate any request for customer information very carefully, having regard to Sections 63 to 67 of the Act.
Customer information includes the following:
• Any records a customer has provided to Rackzar (Pty) Ltd. or a third party acting for or on behalf of Rackzar (Pty) Ltd.;
• Customer needs assessments;
• Personal records of customers;
• Credit information and other research conducted in respect of customers;
• Any records a third party has provided to Rackzar (Pty) Ltd. about customers;
• Confidential, privileged, contractual and legal records of customers;
• Customer evaluation records;
• Records generated by or within Rackzar (Pty) Ltd. pertaining to customers, including transactional records.
Technical Records
Technical records generated by, or within Rackzar (Pty) Ltd. pertaining to customers.
Other Parties
Records are kept in respect of other parties, including without limitation contractors, suppliers, joint ventures, service providers and general market conditions. In addition, such other parties may possess records, which can be said to belong to Rackzar (Pty) Ltd.
The following records fall under this category:
• Personnel, customer or Rackzar (Pty) Ltd. records which are held by another party as opposed to being held by Rackzar (Pty) Ltd.; and
• Records held by Rackzar (Pty) Ltd. pertaining to other parties, including financial records, correspondence, contractual records, electronic mail, logs, cached information, records provided by the other party, and records third parties have provided about the contractors/suppliers or customer.
Other Records
Further records are held including:
• Information relating to Rackzar (Pty) Ltd. own commercial activities; and
• Research carried out on behalf of a client by Rackzar (Pty) Ltd. or commissioned from a third party for a customer;
• Research information belonging to Rackzar (Pty) Ltd., whether carried out itself or commissioned from a third party.
This AUP forms part of the agreement applicable to all services and products offered by Rackzar and contracted for by customers to ensure compliance with the relevant laws of South Africa and protect Rackzar’s network, its services and products, customers, and the internet community as a whole from improper and/or illegal activity. This AUP describes the conduct and practices that Rackzar regards as unacceptable on the part of the customer and/or visitor to our website and use of services and explains the rights that Rackzar has to respond to such unacceptable conduct and practices. Please take the time to review this AUP, as all service and product agreements will be subject to the provisions of this AUP. By accessing our website, or using our services and products, you agree to be bound without limitation or qualification to the rules, terms, and conditions as set out in this AUP.
Rackzar prohibits any use of its services and products for unlawful purposes and activities, including the transmission, distribution, and storage of any material or content using Rackzar's network that transgresses, violates, or is in non-compliance with any laws of South Africa, including, but not limited to:
• defame, abuse, stalk, harass or physically threaten any individual in South Africa or beyond its borders; including any attempt to link to, post, transmit, or otherwise distribute any inappropriate or defamatory material;
• any transmission or distribution of pirated or illegal software, video and/or voice content that constitutes infringement of intellectual property rights and copyright laws, including materials protected by local and international copyright and trademarks.
• any effort to collect personal data of third parties without their consent or contrary to the applicable data privacy laws.
• any violation of South African and international laws prohibiting child pornography, obscenity, discrimination (including racial, gender, or religious slurs), hate speech, speech designed to incite violence, intimidation, or hatred and exchange control.
• sending of unsolicited mail is prohibited, including the distributing, advertising, or promoting products or software or services that have the primary purpose of encouraging or facilitating unsolicited commercial email or spam. Rackzar reserves the right to suspend a service due to spam or unlawful activity. A reactivation may be applicable.
• the use of Rackzar's services, equipment, and products to circumvent the user authentication or security of any host, network, or account.
• any attempt to breach the security of another customer or attempt to gain access to any other person’s computer, software, or data without the knowledge and consent of such person.
• any activity that threatens to disrupt or impact the services offered by Rackzar through denial of service attacks "DDOS", flooding of a network, overloading a service or any unauthorized probes/scanning of other networks.
• use of services/applications with known vulnerabilities and weaknesses resulting in any traffic amplification attacks, including recursive DNS attacks and SMTP relay attacks.
To ensure fair and optimal utilization of our Server and Colocation offering, certain services are not permitted without prior consultation. Examples of prohibited services include, but are not limited to:
• Public Mirroring Services: Hosting public mirroring services that provide general public access to large-scale file repositories or data archives is not allowed.
• Bandwidth/Network Reselling: The resale of bandwidth and/or network capacity as internet access to end-users is prohibited.
Running websites or services that are primarily designed to drive or redirect traffic from one network to another is strictly prohibited. The following are specific examples of prohibited activities within this category:
• TOR Exit Nodes: Hosting TOR (The Onion Router) exit nodes on our servers or colocation services is not allowed. TOR exit nodes can be used to anonymize traffic, but their operation can also lead to potential misuse, abuse, and legal issues. As a result, we do not permit the hosting of TOR exit nodes.
• VPN Servers: Running VPN (Virtual Private Network) servers that facilitate the redirection of internet traffic from one location to another is not permitted. While VPNs serve legitimate purposes like ensuring online privacy and security, unauthorized use or misuse of VPN services can compromise our network's integrity and lead to potential abuse.
• Proxy Tunnels: Hosting proxy tunnels that enable users to route their web traffic through our network to access restricted content or bypass security measures is not allowed. Such activities can have severe consequences, including potential legal ramifications and damage to our network reputation.
• Socks Proxy: Running Socks proxies, which are designed to enable network traffic redirection and tunneling, is also prohibited. Similar to other traffic redirection methods, Socks proxies can be misused for illicit activities, impacting the stability and security of our services.
• Dedicated Software Firewall Distributions: Hosting dedicated software firewall distributions such as Untangle, pfSense, or similar solutions with the primary intent of traffic redirection is not allowed. While these firewall distributions serve legitimate purposes in enhancing network security, their use for traffic redirection can adversely affect our network's performance and integrity.
If you have a valid use case for any of the prohibited services mentioned above, we encourage you to contact our support team for prior consultation and approval.
Rackzar reserves the right in its sole discretion to determine what constitutes a violation of this AUP, provided that such decisions will be taken in line with the applicable legislation concerning the protection of consumer rights in force at the time, as applicable.
In order to enable Rackzar to investigate adherence to this AUP by customers and their users and upon receipt of a complaint, or having become aware of an incident, Rackzar reserves the right to take any of the following steps in strict accordance with Rackzar's Privacy Policy and the laws of South Africa;:
• examine customers' mail servers to confirm that mails are not being sent from such mail servers through public relay, and the results of such checks can be made available to the customer.
• block and/or intercept any incoming or outgoing electronic mail sent to or from Rackzar's network or through the use of any services provided by Rackzar to the customer should such electronic mail be identified as possible spam or be in contravention of Rackzar's AUP.
• if such violation is suspected to be a criminal offence, Rackzar may notify the appropriate law enforcement department of such violation and provide them with all such necessary information and records, as required by law.
• suspend or cancel the client's service(s) and withhold any refund or account credit.
Rackzar is required in terms of the Regulation of Interception and Provision of Communication-related Information Act 17 of 2003 to intercept communications. Any interception of communications shall be done strictly in accordance with the requirements of this Act, as and when required by this Act.
Rackzar reserves the right to make changes to this AUP or update it from time to time. Where a major change is made, customers will be informed through a notice on our website. Customers and website visitors bear the responsibility to ensure that they have read the changes or updates as the case may be. If there are any questions regarding this Acceptable Use Policy, you may contact us using the information below:
E-mail: support@Rackzar.com
Street address: The Epic Industrial Park, 39 Berkley Rd, Ndabeni, 7405, Cape Town, South Africa
Website: https://www.Rackzar.com
In order for Rackzar to thoroughly investigate the complaint and take appropriate action, all complaints must be in writing, sent via e-mail and contain as much information as possible, including, but not limited to:
• origin of abuse or offense, including the website, full mail headers, relevant log file etc.
• any contact details for the source of the complaint.
• a explanation why the incident is considered to be an offense.
anonymous complaints are strongly discouraged, Rackzar urges complainants to supply their name and contact details as uch information will not be released, except where required by law enforcement. Anonymous complaints will however be acted upon as long as sufficient detail as outlined above is supplied.
Rackzar has a procedure in place for the notice and take-down of illegal material. In compliance with section 77 of the Electronic Communications and Transactions Act (No. 25 of 2002) Rackzar will handle this process and can be reached at +2787-5501-553 or abuse@rackzar.com.