Terms and Conditions

Clients Entities that have signed a Software as a Service agreement with IDToday to make use of our services. 

Company IDToday Secure Data Solutions (Pty) Ltd, registration number: 2016/0326.

Service and Website refers to the www.identitytoday.com.na website and all its related services.

Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

You (also referred to as “Your”) means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

This document outlines the Terms and Conditions that govern your use of this Service and forms an agreement between you (the User) and the Company. It specifies both your rights and obligations as well as those of all other users regarding the Service.Your access to and use of the Service is predicated on your acceptance of and compliance with these Terms and Conditions, which apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service, you consent to be bound by these Terms and Conditions. Should you not agree with any part of these Terms and Conditions, you are advised not to access the Service.

You confirm that you are at least 18 years of age, as the Service is not permitted for those under 18.

Additionally, your use of the Service is contingent upon your acceptance of and compliance with the Company’s Privacy Policy, which details our procedures on the collection, use, and disclosure of your personal information when you use our Application or Website. Please review our Privacy Policy thoroughly before engaging with our Service.

Submission of information 

You warrant that information submitted or uploaded via the Service:

  • Does not infringe any third party’s rights (including without limitation Intellectual Property Rights, reputational rights, rights of confidence and rights of privacy);
  • Does not violate any law, statute, ordinance, regulation or legally binding code in any jurisdiction;
  • Does not depict graphic violence, is not pornographic or sexually explicit;
  • Is not threatening, abusive, harassing, menacing or contrary to the principles of internet etiquette;
  • Is not intended or likely to cause harm to the Company’s systems including that which contains any viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

Intellectual Property

You acknowledge and agree that the Company and/or its licensors own all of the Intellectual Property rights in and to the Services (including the original content, features, and functionality, excluding information provided by you). These Terms and Conditions do not grant you any rights to, under or in, any Intellectual Property rights in respect of the Services.

Other Websites

Our Service may feature links to third-party websites or services that are not owned or controlled by the Company.The Company assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that the Company shall not be liable for any damage or loss caused by your use of or reliance on any third-party content, goods, or services available through these external sites. We advise you to read the terms and conditions and privacy policies of any third-party websites or services you visit.

Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including but not limited to a breach of these Terms and Conditions. Upon termination, your right to use the Service will end immediately.

Limitation of Liability

We shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance upon, the Website or the content contained in the Website, the Service and/or unlawful activity on our Website and/or any Third Party website or service.

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to N$ 10,000. 

“AS IS” and “AS AVAILABLE” Disclaimer

As permitted by applicable law, except where expressly provided otherwise by the Company, the Services are provided “as is” and “as available.”  To the fullest extent permissible by applicable law, except for the express warranties set forth herein, the Company hereby disclaims all express or implied representations, warranties, guarantees, and conditions with regard to the Services including but not limited to any implied representations, warranties, guaranties, and conditions of merchantability, fitness for a particular purpose, title and non-infringement, except to the extent that such disclaimers are held to be legally invalid. The Company makes no representations, guarantees or warranties regarding the reliability, availability, timeliness, quality, suitability, truth, accuracy or completeness of the Services, materials associated therewith, or the results you may obtain by accessing or using the Services or materials associated therewith. Without limiting the generality of the foregoing, the Company does not represent or warrant that the operation of the Services will be timely, secure, uninterrupted or error-free. You acknowledge that the Company handles the transfer of data over communications facilities, including the internet, and that the Services may be subject to limitations, delays, interception and other problems inherent in the Service of such communications facilities. The Company is not responsible for any delays, delivery failures, or other damage resulting from such problems.

Governing Law

There terms are governed by and determined in accordance with the laws of the Republic of Namibia. 

 

Disputes Resolution

In the event of any dispute arising out of or in connection with these terms and conditions you shall first attempt to amicably resolve such dispute by negotiating or discussing such dispute on with the Company directly. 

Severability and Waiver

Severability

If any provision or part-provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the terms and conditions.

Waiver

Any failure on the part of you or us to enforce any right in terms of this Agreement shall not constitute a waiver of that right.

No indulgence, extension of time, relaxation or latitude which any party may show, grant or allow to the other party shall constitute a waiver by that party of any of its rights and it shall not thereby be prejudiced or stopped from exercising any of its rights against the other party which may have arisen in the past or which might arise in the future.

Cookies

We prioritize your privacy and transparency in how we collect and use data. Our website may use cookies to enhance your browsing experience, provide personalized content, and analyze our traffic. These small text files are stored on your device and help us improve our services and provide features essential for effective regulation technology solutions. By continuing to use our website, you consent to our use of cookies. 

Your Feedback to Us

You transfer all rights, title, and interest in any feedback you provide to the Company. If for any reason this transfer is not effective, you grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, global right and license to use, reproduce, disclose, sublicense, distribute, modify, and exploit such feedback without restriction.

Changes to These Terms and Conditions

The Company may develop and introduce additional features or services in the future, and will update these Terms and our Privacy Policy accordingly as required. All changes will be reflected on our website and you must ensure that you visit our website regularly to read our updated terms.

We retain the authority to update or amend these Terms as needed. Should there be a significant modification, we will ensure to notify you at least 30 days in advance of the new terms becoming effective. The determination of what changes are considered significant will be made solely at our discretion.

By continuing to access or use our Service after revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are advised to stop using the website and the Services

Privacy Policy

The Company aims to maintain the integrity, accuracy, and confidentiality of Personal Information it collects and emphasizes the importance of safeguarding user privacy on the Website.The Company is committed to adhering to the relevant privacy laws and regulations.

The Company is committed to the protection of our customers’ data and has established a range of data privacy and security measures (IDToday’s Security Policy can be provided upon request) to minimize the risk of data breaches. These measures are consistently reviewed to verify their effectiveness.

In this Privacy Policy, “the User” refers to anyone accessing the Website, and “Personal Information” is defined as: information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to— 

information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person; information relating to the education or the medical, financial, criminal or employment history of the person; any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person; the biometric information of the person; the personal opinions, views or preferences of the person; correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence; the views or opinions of another individual about the person; and  the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person;

By using the Service, you consent to the processing of your Personal Information as outlined in this Privacy Policy. This policy includes various permissions and consents from the User regarding the handling of their Personal Information. If you do not agree with the described processing activities should refrain from using the Website;

The Company assures you that it processes Personal Information strictly in accordance with this Privacy Policy.

This Privacy Policy should be read in conjunction with the Company’s terms of use.


The Company provides information, content, services, and/or materials through its website, www.identitytoday.com.na (“the Website”), under the following terms.

Please review this Privacy Policy thoroughly to understand the handling of your personal data upon utilizing the Website.

You need to read and accept all the provisions in this Privacy Policy in order to use our website, www.identitytoday.com.na and/or our services. By accepting this privacy policy, you are deemed to have read and agreed with all the provisions thereof. If you do not agree with anything in this Privacy Policy, then you may not use this Website and any of the services available therefrom.

For any questions or requests regarding this policy, please contact [email protected].

Compliance with laws and legislation

While Namibia has not yet enacted a law protecting online privacy and personal data, the country’s National Cybersecurity Strategy and Awareness Raising Plan 2022-2027 posits privacy and personal data protection as critical priorities to ensuring cybersecurity. 

IDToday has performed an internal assessment of Namibia’s Draft Data Protection Bill, 2022 to ensure our future preparedness once Data Protection Bill is passed into law. 

We have ensured that we adhere to the key objectives of the Data Protection Bill:

  • to protect the fundamental rights and freedoms of individuals (data subjects), and in particular, their right to privacy concerning the processing of their personal information; by
  • requiring that personal data is processed in a transparent, fair and lawful manner;
  • on the basis of an individual’s consent or another specified lawful basis.

The confidentiality of your Personal Information is of the utmost importance to us. Unless we have your consent or permitted in terms of relevant legislation, we will not sell, rent or lease your Personal Information to others. We will not use or share your Personal Information in ways unrelated to the circumstances described in this privacy policy.

Information Collection and Use

IDToday only collects Personal Information gathered directly from Users during their interactions with the Website. The Personal Information you provide us will only be shared with our Clients with your explicit consent. 

The information we collect from you may be used in one of the following ways:

  • To share the personal information with the Client that you are engaging with. 
  • To share your name, surname and date of birth with Dow Jones Risk and Compliance to screen against their information watchlists, as required by the Financial Intelligence Act.
  • To enable our IDToday employees to review the information for completeness and accuracy depending on the service levels agreed with the relevant Client in the software as a service agreement. 
  • We might make use of third parties to, amongst other things; verify authenticity of information and/or data supplied by users or to verify validity of aforementioned data. These relationships between us and all third parties are protected by strict contracts and SLAs. All data protection policies of associated third parties are reviewed regularly. Data exchanged between us and third parties is kept to an absolute minimum, purely to achieve the required action/intention of data validation and verification. 
  • To comply with applicable laws and regulations;
  • To personalise your experience: your information helps us to better respond to your individual needs;
  • To carry out our obligations arising from any contracts entered into between you and us;
  • To allow you to participate in interactive features of our service;
  • To improve our website: we continually strive to improve our website offerings based on the information and feedback we receive from you;
  • To improve customer service: your information helps us to more effectively respond to your customer service requests and support needs;
  • To administer a contest, promotion, survey or other website feature;
  • To send periodic emails; and
  • To notify you about changes to our service.

Consent to Process Personal Information

When you access or use our Service or Website, you agree to allow us to process your Personal Information as outlined in this Privacy Policy, which is essential for granting access to the Website and Service. This Privacy Policy covers all required processing activities needed to deliver services efficiently and will continue to be in effect until the user either ends their relationship with IDToday or revokes their consent.

Storage of personal information 

The personal information which we collect from you may be transferred to, and stored at, a destination outside Namibia. It may also be processed by staff operating outside Namibia who work for us or for one of our affiliates, partners or associates. By submitting your personal information, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

The personal information we collect from you and that we transfer to a third party outside Namibia shall only be to a third party who is subject to a law which includes privacy law provisions that provide an adequate level of protection that is in according with this privacy policy and the relevant data projection regulations. 

All information you provide to us is stored on our secure servers. 

Data Security and protection of personal information 


At IDToday, we prioritize the safety and privacy of your personal information with the utmost seriousness. To safeguard your data, we implement comprehensive security controls and adhere to stringent procedures designed to ensure the integrity, confidentiality, and availability of your information. IDToday engaged Minc (Marbeh Information Technology Advisory Services (Pty) Ltd) in March 2023 to support us on our Information Security Management journey. Minc’s client base include all the large banks in Namibia and they are seasoned information security experts. Minc have assisted us bolstering operational management through regular meetings with our IT team, including developers, database and system administrators, implementing malware protection, data encryption, vulnerability management, and penetration testing and the development of our business resilience plan. From the 01st of April 2024, Minc was officially engaged as our Virtual CIO and Virtual CSO to assist us to further advance our holistic approach to information security (Risk Management, Cyber-resilience and operational excellence). We are committed to protecting your personal data as a cornerstone of trust and transparency in all our operations.

Data retention

We will only retain your personal information for as long as is necessary. We undertake to regularly review the personal information we hold and to de-identify or delete your personal information which we no longer require. We will keep your personal information for only so long as we need it in order to:

  • to honour your choices;
  • to fulfil the purposes described in this document; or
  • as required or permitted by applicable laws and regulations.

Software as a Service agreement with Customers

IDToday has a software as a service (SaaS) agreement in place with every Customer using the service and website. The SaaS agreement clearly stipulates the following: 

  • That it is incumbent on the Customer to obtain the necessary consent of their Users
  • That IDToday will only collect, store, and process data which is necessary to deliver agreed services. 
  • The fact that our Customer and their respective User’s data may be stored outside Namibia is clearly communicated. 

Flow of Personal Information outside Namibia

IDToday may engage with international service providers, necessitating the transfer of Personal Information across borders for purposes such as data storage and hosting.  User consent is obtained for such transborder information flow, with the assurance that these third parties adhere to international data protection standards.

Handling and disclosure of Personal Information

IDToday commits to securing Personal Information by implementing suitable technical and organizational measures against unauthorized access, loss, or destruction. User data will not be sold or shared without consent, except as stipulated in this Privacy Policy. IDToday may share Personal Information with third-party service providers for operational reasons, under strict security conditions. Personal Information may be disclosed under legal obligations, to protect IDToday’s interests, or to safeguard other customers and Website users.

Accessing and Updating Personal Information

Users have the right to request information access, correction, or deletion, and may withdraw consent for data processing at any time.

Indemnity

Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence. If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than us we shall not be liable for any loss or damage, howsoever arising, suffered by you as a result of the disclosure of such information to the third party. You should always ensure that you read the privacy policy of any third party.

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