We deliver smart low cost wireless remote monitoring and IOT sensing solutions that measures, reports and optimise for most businesses and industries by using wireless sensors.
Tel. +27 87 094 5066

Cell. +27 82 859 6143

info@avtec.co.za

  • White Facebook Icon
  • White Twitter Icon
  • White YouTube Icon

© 2019 Avtec.

Terms & Conditions

This document contains the terms and conditions that apply to Customer’s purchases of Products from Avtec.

Acceptance of Customer’s order is based on these terms and conditions of sale applying.

By accepting delivery of products from Avtec, Customer agrees to be bound and to accept these terms and conditions.

These terms and conditions shall apply unless Customer and Avtec have signed a separate purchase agreement with different terms and conditions which expressly control.

1. Terms of Sale: Payment terms are net 30 days from invoice date with approved credit. (To apply for credit, please request our credit application form. Please allow five (5) business days for the credit review to be conducted.)  If credit has not been established with Avtec, terms shall be designated as payment in advance. Avtec reserves the right at any time and for any reason to require payment in advance, or otherwise to modify, suspend, or terminate any credit terms previously extended to Customer. Avtec shall be entitled to refuse or delay shipments for failure by Customer to pay within terms any payments due Avtec, whether on this or any other contract between Avtec and Customer.

In the event that it becomes necessary for Avtec to incur collection costs to collect any amount due and payable, Customer agrees to pay such additional collection costs, charges, and expenses, including attorney’s fees if the account is placed in the hands of an attorney or an agency for collection.

Prices are subject to change without notice. Payments should be made according to the instructions on the face of the invoice, based on one of the forms of payment described in section 4 of this document.

2. Order Placement: Avtec will accept orders via email. To place an order, please email Avtec sales department at sales@avtec.co.za.

3. Web Specials: From time-to-time, Avtec will offer special online sales and discounted items.  Inventory is limited. Specials are first come, first served; no rain checks are available on web special product(s).

4. Payment for Hardware: Acceptable forms of payment include bank transfers (EFT) or Cash. All payments are in South African Rands (ZAR) currency only.

5. Use of iMonnit Basic Monitoring Services: iMonnit basic monitoring service is provided “free of charge” to customers who have purchased Monnit wireless sensor products and assigned them to a network on the iMonnit system. The free iMonnit service provides a comprehensive but limited feature set.

Avtec reserves the right to discontinue the free iMonnit Basic service at any time. If this service is to be discontinued, all users will receive notice 60 days prior to service termination, and be provided with the option to change/upgrade to any new or premium service.

6. Payment for Premium Monitoring Services: Payment for premium monitoring services shall proceed annually, with the first services billed upon initiation of the premium service on the iMonnit system.

7. Cellular Gateway Service Plan/Agreement: Cellular gateways require activation of either a month-to-month or 2-year service agreement (paid annually) unless otherwise noted. If customer wishes to cancel a service agreement before the end date, an early termination fee will apply.

8. Payment for Cellular Gateway Service Plan: Cellular data fees are based upon annual billing cycle. If data usage exceeds the (pre-paid) 10 megabyte allowance, automatic billing will occur for the next megabyte at that point (and so-on). Data usage resets at the beginning of the customers billing cycle each year. Customer is obligated to stay current with all cellular service plan fees. Failure to do so may result in suspension or termination of service, in which case, early termination fees or a re-connection fee may apply.

 

9. International Customers: Avtec is not responsible for any brokerage, customs fees, or country taxes. The actual value of all orders is indicated on the invoice, and restatements using lower values are not permitted.

10. Title and Risk of Loss: Title to products and risk of loss passes from Avtec to Customer upon shipment from Avtec’s facilities and delivery of product to a common carrier. Title to software will remain with the applicable licensor(s).

11. Claims for Missing or Damaged Goods: Any claims by Customer for omission of products in the shipped goods, shortages of product, or damaged goods in a shipment are waived by Customer unless Customer provides notice to Avtec within 15 days after Customer’s receipt of shipment.

12. Limited Warranty:

(a) Avtec warrants that Monnit-branded products will be free from defects in materials and workmanship for a period of one (1) year from the date of shipment with respect to hardware and will materially conform to their published specifications for a period of one (1) year with respect to software. Avtec may resell sensors manufactured by other entities and are subject to their individual warranties; Avtec will not enhance or extend those warranties.  Avtec does not warrant that the software or any portion thereof is error free. Avtec will have no warranty obligation with respect to Products subjected to abuse, misuse, negligence or accident. If any software or firmware incorporated in any Product fails to conform to the warranty set forth in this Section, Avtec shall provide a bug fix or software patch correcting such non-conformance within a reasonable period after Avtec receives from Customer (i) notice of such non-conformance, and (ii) sufficient information regarding such non-conformance so as to permit Avtec to create such bug fix or software patch. If any hardware component of any Product fails to conform to the warranty in this Section, Avtec shall, at its option, refund the purchase price less any discounts, or repair or replace non-conforming Products with conforming Products or Products having substantially identical form, fit, and function and deliver the repaired or replacement Product to a carrier for land shipment to customer within a reasonable period after Avtec receives from Customer (i) notice of such non-conformance, and (ii) the non-conforming Product provided; however, if, in its opinion, Avtec cannot repair or replace on commercially reasonable terms it may choose to refund the purchase price. Repair parts and replacement products may be reconditioned or new. All replacement products and parts become the property of Avtec. Repaired or replacement products shall be subject to the warranty, if any remains, originally applicable to the product repaired or replaced. Customer must obtain from Avtec a Return Material Authorization Number (RMA) prior to returning any Products to Avtec. Products returned under this Warranty must be unmodified.

Avtec reserves the right to repair or replace products at its own and complete discretion. Customer must obtain from Avtec a Return Material Authorization Number (RMA) prior to returning any products to Avtec. Products returned under this Warranty must be unmodified and in original packaging. Avtec reserves the right to refuse warranty repairs or replacements for any products that are damaged or not in original form.

(b) As a condition to Avtec’s obligations under the immediately preceding paragraphs, Customer shall return Products to be examined and replaced to Avtec’s facilities, in shipping cartons which clearly display a valid RMA number provided by Avtec. Customer acknowledges that replacement products may be repaired, refurbished or tested and found to be complying. Customer shall bear the risk of loss for such return shipment and shall bear all shipping costs. Avtec shall deliver replacements for Products determined by Avtec to be properly returned, shall bear the risk of loss and such costs of shipment of repaired products or replacements, and shall credit Customer’s reasonable costs of shipping such returned Products against future purchases.

(c) Avtec’s sole obligation under the warranty described or set forth here shall be to repair or replace non-conforming products as set forth in the immediately preceding paragraph, or to refund the documented purchase price for non-conforming Products to Customer. Avtec’s warranty obligations shall run solely to Customer, and Avtec shall have no obligation to customers of Customer or other users of the Products.

Limitation of Warranty and Remedies.

THE WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY APPLICABLE TO PRODUCTS PURCHASED BY CUSTOMER. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED. YOU ACKNOLWEDGE AND AGREE THAT THE PRODUCTS AND SERVICES FURNISHED BY AVTEC ARE NOT GUARANTEED TO BE UNINTERRUPTED OR ERROR FREE. ADDITIONALLY, YOU AGREE THAT WE ARE NOT LIABLE FOR PROBLEMS CAUSED BY YOU OR A THIRD PARTY; BY WIRELESS CARRIERS, DATA CENTERS, BUILDINGS, ACCIDENTS, HILLS, NETWORK CONGESTION, TUNNELS, TOWERS, WEATHER OR OTHER THINGS WE DON’T CONTROL; OR BY ANY ACT OF GOD. FURTHERMORE, AVTEC SPECIFICALLY DISCLAIMS ANY AND ALL LIABILITY AND WARRANTIES, IMPLIED OR EXPRESSED, FOR USES REQUIRING FAIL-SAFE PERFORMANCE IN WHICH FAILURE OF A PRODUCT COULD LEAD TO DEATH, SERIOUS PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE SUCH AS, BUT NOT LIMITED TO, LIFE SUPPORT OR MEDICAL DEVICES OR NUCLEAR APPLICATIONS. PRODUCTS ARE NOT DESIGNED FOR AND SHOULD NOT BE USED IN ANY OF THESE APPLICATIONS. IF YOU NEVERTHELESS CHOOSE TO USE THE PRODUCTS, SOFTWARE, AND/OR SERVICES IN SUCH ACTIVITIES, YOU MUST NOT RELY ON THEM AS YOUR SOLE OR PRIMARY SOURCE OF MONITORING.

AVTEC’S TOTAL AGGREGATE LIABIITY WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, IN NEGLIGENCE OR OTHERWISE SHALL NOT EXCEED THE PURCHASE PRICE PAID BY CUSTOMER FOR THE PRODUCT. UNDER NO CIRCUMSTANCES SHALL AVTEC BE LIABLE FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES. THE PRICE STATED FOR THE PRODUCTS IS A CONSIDERATION IN LIMITING AVTEC’S LIABILITY. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THIS AGREEMENT MAY BE BROUGHT BY CUSTOMER MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED.

 

13. Publicity: Customer agrees that Avtec may use Customer’s name and logo in presentations, marketing materials, customer lists, financial reports and Web site listings of customers. If Customer prefers that there name and/or logo not be used, they must notify Avtec. If Customer wishes to use Avtec’s trade names, trademarks, service marks, logos, domain names and other distinctive brand features (“Brand Features”), Customer may do so, so long as such use is in compliance with this Agreement.

 

14. Indemnification: Avtec shall defend or settle any claim, suit, or action against Customer based on an allegation that any Product purchased by Customer from Avtec infringes any third party’s U.S. patent or copyright; provided, that Customer has made no modification or alterations to the product and that Customer gives Avtec prompt written notice of any claim or suit, sole authority to defend or settle as it sees fit, and full cooperation. Avtec may, at its sole option and expense (i) procure for Customer the right to continue using the product (ii) modify the product so that it is non-infringing (iii) procure a replacement product that has substantially the same functionality, or if none of the above options is reasonably available (iv) refund to customer the purchase price originally paid less a use credit for the period of use.

Avtec has no liability for any claim, suit or action based in whole or in part upon or arising out of compliance with Customer’s designs, specifications or instructions, modification of the Hardware or Software, or the combination of the Hardware or Software with products or items not furnished by Avtec. THIS SECTION STATES AVTEC’S ENTIRE LIABILITY AND CUSTOMER’S EXCLUSIVE REMEDY WITH RESPECT TO ANY CLAIM, SUIT, OR ACTION ALLEGING INFRINGEMENT OF ANY THIRD PARTY PATENT OR COPYRIGHT.

 

15. Order changes and cancellation policy:

Orders for standard products

A “Standard Product” is any product that is generally available for purchase from Avtec and that has not been customized in some way. Accepted purchase orders for Standard Products are non-cancellable and the items are non-returnable (NC/NR).

 

16. Fourteen-Day Satisfaction Guarantee: Customers may return Monnit Products for a refund (less 20% restocking fee, sales tax, shipping/handling and any expedite fees) if Seller is contacted within fourteen days of the Customer’s receipt of the product. Customer may return Products for credit, exchange, or a refund. Returns after 14 days will be evaluated on a case-by-case basis. Customer must obtain from Seller a Return Material Authorization Number (RMA) prior to returning any products to Seller. Products must be returned unmodified and in original packaging. Seller reserves the right to refuse return rights for any products that are damaged or not in original form. Volume orders are subject to a restocking fee. To view our full return policy click here.

 

17. Software: All software is owned by Avtec or a third party licensor who shall retain exclusive right, title and ownership of the software. Customer is granted a limited, personal, non-exclusive license, without the right to sublicense, to use the software only with the specific Monnit manufactured hardware that such software is intended to operate with or, if not for use with specific Monnit manufactured hardware, then for the use intended by the Product specification.

 

18. Force Majeure. Avtec shall not be liable for any damages or penalty for delay in delivery or for any other failure to perform in accordance with the terms and conditions hereof if such delay or failure to perform is due in whole or in part to factors beyond Avtec’s reasonable control, including, but not limited to, delay in transportation or delay in delivery by Avtec’s vendors.

 

19. Severability. Any waiver of or modification to the terms of this Agreement will not be effective unless executed in writing and signed by Avtec. If any provision of these terms and conditions are held to be unenforceable, in whole or in part, such holding shall not affect the validity of the other provisions of this document (in the event of any inconsistency between these terms and conditions and any other related agreements between Customer and Avtec, the terms of this document shall prevail unless any other agreement(s) are signed by both parties and state its/their terms and conditions control).

 

20. Entire Agreement. The terms and conditions set forth herein constitute the entire agreement between Avtec and Customer. Avtec’s offer to sell is expressly limited to the terms stated herein. Avtec shall not be bound by any terms of Customer’s order which add to, modify, or are in any way different from the terms set forth in this document.

Inquiries or questions relative to invoices for Avtect products should be directed to the sales department at e-mail: info@avtec.co.za

21. Avtec's wireless sensors track temperatures and other environmental variables. Customer is responsible for understanding regulations specific to their business and determining if ​solutions meet their needs.

22.​Calibration, a legal requirement for equipment used to measure temperatures of stored products. There is a tendency for results and accuracy of measurement equipment to ‘drift’ over time.  Calibration of such equipment to a certificated standard enables users to have confidence in the results they record.

Calibration of such equipment is the responsibility of the customer to ensure that the sensor is calibrated according their requirements. 

Calibration certificates are not issued with new sensors when purchased.

Acceptance & Returns

Deliveries are deemed to have been accepted by the buyer upon receipt of delivery. All delivery discrepancies must be reported to Avtec within three (3) business days of receipt of shipment. Returns are subject to a 20% restocking fee of the invoiced amount (excluding taxes, duties and shipping). To qualify for a refund or credit (excluding delivery fees, duties and taxes) buyer must contact Avtec in writing (via e-mail or post) within 30 days for a Return Merchandise Authorization (RMA). Requests for an RMA after 30 days will be evaluated on a case-by-case basis and subject to management approval. Requests for any warranty work or product exchanges require an RMA. All product returns must comply with Avtec’s RMA policies. Custom products, customized products, modifications to standard products, and products altered by the customer are not eligible for return. All returns must be shipped (at buyer’s expense) to Avtec’s adress as provided in the RMA policies provided by Avtec. There is no refund on delivery and handling charges.

 

Return Merchandise Authorization (RMA) Policy

Product must be in its original packaging.

Product must be returned via a courier that provides buyer with a shipment tracking number (i.e. FedEx, UPS, DHL).

A valid RMA number must accompany the return and be visible on the outside of the returned package. Returns without an RMA number will be rejected and returned at buyer’s expense.

Product being returned within the initial 30 day period for refund or credit must be complete. Failure to return all product will result in a partial refund or credit.

To request an RMA number, please contact Avtec or send an email to returns@avtec.co.za

 

Delivery Address for Returns

(Please contact us)

PRIVACY

 

Acknowledgement of Our Privacy Statement

By using this Site, you acknowledge that you have reviewed the terms of our Privacy Statement and Consent to Use of Data (the “Privacy Statement and Consent”) and agree that we may collect, use and transfer your Personal Data and User Data in accordance therewith. If you do not agree with these terms, you may choose not to use our Site, and please do not provide any Personal Data through this Site. This Privacy Statement and Consent forms part of our Site Terms of Use and such shall be governed by and construed in accordance with the laws of South Africa. You agree to submit any dispute arising out of your use of this web site.Please note that this Privacy Statement and Consent does not apply to the providing or use of Personal Data other than through the Site, nor to the providing or use of Personal Data of past or present employees of, or consultants engaged by, Avtec and/or its subsidiaries, for employment or benefits administration purposes, both of which are governed by Avtec Policies designed for those respective purposes (the “Other Policies”).

 

What follows is a table of contents listing the areas covered by our Privacy Statement and Consent. Please read our entire Privacy Statement and Consent carefully. Should you have any questions about this Statement or about our data collection, storage and use practices, please contact us as provided below.

 

Changes to Avtec’s Privacy Statement and Consent

This Site and our business change constantly. As a result, at times it may be necessary for Avtec to make changes to this Privacy Statement and Consent. Avtec reserves the right to update or modify this Privacy Statement and Consent at any time and from time to time without prior notice. Please review this Statement periodically, and especially before you provide any Personal Data. This Privacy Statement and Consent was last updated on February 01, 2018. Your continued use of the Site after any changes or revisions to this Privacy Statement and Consent shall indicate your agreement with the terms of such revised Privacy Statement and Consent.

 

Welcome

Welcome to www.avtec.co.za (the “Site”). This Site is operated by Avtec  (“Avtec” or “we” or “us”) and has been created to provide our customers the information, products and other initiatives developed and/or offered by Avtect and its subsidiaries and affiliates (collectively, the “Avtec Services”). You are important to Avtec and, as described in this Privacy Statement and Consent, we will take appropriate measures to protect your privacy as you use this Site. This Privacy Statement and Consent sets forth Avtec’s approach with respect to information that is collected from users of this Site. This Site is intended for users in South Africa.

 

Definitions

“Aggregated Data” includes customer demographics, interests and behaviour based on Personal Data and other information provided to us which is compiled and analysed on an aggregate and anonymous basis.

 

“Personal Data” includes all information that enables an individual to be identified, including, by way of example, the individual’s name and e-mail address.

 

“Public Information” includes information posted to any public areas of the Site, such as bulletin boards, chat rooms and comment areas. Please refer to our discussion of “Public and Unsolicited Information” contained in our Terms and Conditions.

 

“Unsolicited Information” includes any ideas for new products or modifications to existing products and other unsolicited communications. Personal Data included in Unsolicited Information will be handled in the manner set forth in this Privacy Statement and Consent; however please refer to our discussion of “Public and Unsolicited Information” contained in our Terms and Conditions.

 

“User Data” includes all information passively collected from users of the Site that does not identify a particular individual, including, by way of example, statistical information on Site usage. The terms “you”, “your” and “yours” when used in this Privacy Statement and Consent means any user of this Site.

 

What Information Do We Collect?

Information That You Give Us: We collect Personal Data such as your name, date of birth, e-mail or mailing address from you when you voluntarily choose to register for or use certain Avtec Services at this Site. We use the Personal Data that we collect in an effort to provide you with a superior customer experience on the Site and to improve and market Avtec Services. Avtec may store such Personal Data itself or it may be stored in databases owned and maintained by Avtec’s affiliates, agents or service providers. Avtec retains its rights to these databases and the information contained in them.

 

If you register with Avtec or use certain other of the personalized options we offer, we will create a profile that includes your name, mailing address, e-mail address, and other information that you provide that is pertinent to your specific situation. We may combine such information with data gathered from other sources. For instance, if incorrect postal codes are received, we may use third party software to correct them. We also may collect e-mail or other addresses from prospect lists of other companies, for example, in connection with a joint marketing effort. When we do so, (1) we acknowledge in our correspondence how the recipient was added to our list and (2) we provide a means for recipients to opt out of further communications from us. In addition we may ask you for Personal Data if you enter an educational program, contest or promotion sponsored by Avtec. When you contact Avtec we may keep a record of that correspondence and may occasionally ask you to complete surveys for sales and research purposes.

 

In some instances we contract with outside parties to collect and maintain our information collection servers and to perform technology and related services. We seek to provide any such third parties with only the information they need to perform their specific function and we require them to protect your Personal Data in accordance with this Privacy Statement and Consent. Wherever Avtec collects Personal Data we will provide a link to this Privacy Statement and Consent.

 

Personally Non-Identifiable Information:

    Passively Collected User Data: When you interact with Avtec through this Site, we receive and store certain “User Data”. Such User Data, which is collected passively using various technologies, is not used to specifically identify you. Avtec may store such User Data itself or it may be stored in databases owned and maintained by Avtec’s affiliates, agents or service providers. Avtec retains all rights to these databases and the information contained in them.

 

This Site will use such User Data together with data provided by other parties and pool it with other information to track, for example, the total number of visitors to our Site, the number of visitors to each page of our Site, the keywords visitors used to find our Site and the domain names of our visitors’ Internet service providers. We also may disclose User Data in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes. It is important to note that no Personal Data is available or used in this process.

 

    Aggregated Data: In an ongoing effort to better understand and serve our users, Avtec often conducts research on Aggregated Data. Avtec may share this Aggregated Data with government agencies, its affiliates, agents and business partners. This aggregated information does not identify you personally. Monnit also may disclose Aggregated Data in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes.

 

    Cookies: In operating this Site, we may use a technology called “cookies.” A cookie is a piece of information that the computer that hosts our Site gives to your computer (actually to your browser) when you access a Web site. Our cookies help provide additional functionality to the Site and allow us to analyze Site usage more accurately. For instance, our Site may set a cookie on your browser that eliminates any need for you to remember and then enter a password more than once during a visit to the Site. In all cases in which we use cookies, we will not collect Personal Data through the use of such technology. On most web browsers, you will find a “help” section on the toolbar. Please refer to this section for information on how to receive notification when you are receiving a new cookie and how you may turn cookies off. We recommend that you leave cookies turned on because they allow you to take advantage of some of the Site’s features.

 

Transfer of Your Data Abroad

By voluntarily providing us with your Personal Data, you are consenting to our use of it in accordance with this Privacy Statement and Consent. Due to the nature of the Internet if you are visiting this Site from a country other than the United States, your communications will inevitably result in the transfer of information across international boundaries. By visiting this web site you consent to these transfers. If you provide Personal Data to this Site, you acknowledge and agree that such Personal Data may be transferred from your current location to the offices and servers of Avtec and the affiliates, agents and service providers referred to herein located in the United States and in other countries.

 

What are Your Choices?

You can use this Site without providing your Personal Data, although doing so may limit your ability to obtain certain information or to use other valuable Avtec Services, including, for example, informational newsletters and responses to specific inquiries you may have. Where no Personal Data is legally required or is necessary for a particular service (for example, to contact you in response to your request), the use of a pseudonym is accepted.

 

We keep your Personal Data only for as long as reasonably necessary for the purposes for which it was collected or to comply with any applicable legal reporting or document retention requirements. We will take reasonable steps to update, correct or, upon your request, delete your Personal Data in our possession that you have previously submitted via this Site. In order to request an update, with respect to your Personal Data, please contact us as provided below. If at any time you wish not to receive further communications, you may also follow the unsubscribe procedure included in our communication.

 

Access. Avtec permits a reasonable right of access and review of Personal Data held by Avtec by the individual to whom the Personal Data relates; however, to guard against fraudulent requests for access, Avtec will require information which it determines is sufficient to allow it to confirm the identity of the person making the request before granting access or making corrections. Avtec will endeavor to provide the information in question within a reasonable time and may charge an appropriate cost (e.g. photocopying, mail charges) to the individual making the request. Avtec reserves the right not to change any Personal Data but will append alternative text the individual concerned believes is appropriate.

 

In addition, in certain circumstances, Avtec may decline to provide access to Personal Data, including where Avtec determines that the information requested:

 

(a) May disclose:

a. The Personal Data of another individual or of a deceased individual; or

b. Trade secrets or other business confidential information;

(b) Is subject to attorney-client or litigation privilege or a professional privilege or obligation;

(c) Is not readily retrievable and the burden or cost of providing would be disproportionate to the nature or value of the information;

(d) Does not exist, is not held, or cannot be found by Avtec;

(e) Could reasonably result in serious harm to the treatment or recovery of the individual concerned, serious emotional harm to the individual or another individual, or serious bodily harm to another individual; or

(f) May harm or interfere with law enforcement activities or other investigative or regulatory functions of a body authorized by statute to perform such functions.

 

Please note that although after receiving a request to update, correct or delete information, we will make reasonable efforts to effect such a change promptly, it is not always possible to complete the process before another communication is distributed. We apologize for any inconvenience this may cause. Even if you have requested removal of your Personal Data from our lists, Avtec reserves the right to retain it in our files in some limited circumstances such as when such Personal Data may be necessary to honor your request to opt out of further communications, resolve disputes, troubleshoot problems or as provided in our Terms and Conditions. If Avtec is required to retain any portion of the Personal Data for such purposes, Avtec shall use reasonable efforts to limit such Personal Data to what is necessary to accomplish the particular purpose. Further, you acknowledge that due to technical constraints and the fact that we back up our systems, Personal Data may continue to reside in our systems even after deletion. Therefore, you should not expect that your Personal Data will be completely removed from our systems in response to your request.

 

Avtec will not respond to repetitious or vexatious requests for access. In determining whether a request is repetitious or vexatious, it will consider such factors as the frequency with which information is updated, the purpose for which the information is used, and the nature of the information.

 

How Do We Use Your Personal Data and Other Information?

Avtec uses the Personal Data you provide for our business purposes in a manner that is consistent with this Privacy Statement and Consent.

 

If you provide Personal Data for a certain reason, that Personal Data will be available to us for use in connection with the reason for which it was provided or for a consistent purpose, including, if applicable, processing an order placed by you or informing you that the product is no longer available. For instance, if you contact us by e-mail, we may use the Personal Data you provide to respond to you; or if you contact us about a job listing, the information you provide to us may be used to consider you for the position. We may also combine Personal Data that you have provided to us with information obtained by us from other parties.

Avtec and its affiliates also may use your Personal Data, User Data and other information collected through the Site to help us improve the content and functionality of the Site, to better understand our customers and markets, to improve our products and services and to effect and facilitate sales.

Avtec and its affiliates may use this information to contact you, electronically, through telemarketing or otherwise, in the future to tell you about, and to offer for sale, products or services we believe will be of interest to you. If we do so, each communication we send you will contain instructions permitting you to “opt out” of receiving future communications.

If at any time you wish not to receive any future communications or to have your name deleted from our mailing lists, you may follow the “unsubscribe” procedure included with our communication. In addition, you may e-mail us at privacy@avtec.co.za. See How to Contact Avtec below.

 

Do We Share the Information that We Receive?

Avtec considers your information to be a vital part of our relationship with you. Avtec will share information including Personal Data with its subsidiaries and affiliates that have also agreed to be bound by this Privacy Statement and Consent. In addition, Avtec, like many businesses, sometimes hires other companies to perform certain business-related functions. Examples include mailing information, maintaining databases and processing payments. When we retain another non-affiliated company to perform a function of this nature, we seek to provide them with only the information that they need to perform their specific functions, and we require them to protect your Personal Data in accordance with this Privacy Statement and Consent and Avtec ‘s restrictions.

 

In addition, if you input Personal Data on a co-branded registration page, relating, for example, to a contest co-sponsored by both Avtec and a partner company, then your Personal Data will be available both to Avtec and to such partner company. While Avtec will only use such Personal Data in accordance with this Privacy Statement and Consent, such partner company’s use of your Personal Data will be subject to the privacy policy of that company and Avtec cannot be responsible for their use of your information. We encourage you to review the privacy policy of such partner company before providing information on any such co-sponsored page or promotion.

There are also a limited number of circumstances in which we may share your Personal Data and other information in our possession with certain additional third parties without further notice to you, as set forth below:

 

Legal Requirements: Avtec may disclose your Personal Data, User Data and other information if required to do so by law or in the good faith belief that such action is necessary to (a) comply with a legal obligation, (b) protect and defend the rights or property of Avtec or its affiliates, (c) act in urgent circumstances to protect the personal safety of users of the Site or the public, or (d) protect against legal liability.

 

Business Transfers, Combinations and Related Activities: As we develop our business, we might sell, buy, restructure or reorganize businesses or assets. In the event of any sale, merger, reorganization, restructuring, dissolution or similar event involving our business or assets, Personal Data may be part of the transferred assets.

 

 

Public and Unsolicited Information

This Privacy Statement and Consent shall not apply to Public Information you provide to Avtec through this Site or through any other means. If you include Personal Data in such Public Information, we will use such Personal Data only as provided herein, but we caution you that, because such information (including your Personal Data) was made available in a forum accessible by the public, the use and disclosure of information by others accessing the Site is not monitored or controlled in any way by Avtec nor are their activities governed by this Privacy Statement and Consent.

 

In addition, if you submit unsolicited Personal Data we will use it as provided herein, however, the other information included in such unsolicited submission is not covered by this Privacy Statement and Consent. Please refer to our discussion of “Public and Unsolicited Information” contained in our Site Terms and Conditions.

 

Please note that, as set forth above, this Privacy Statement and Consent does not apply to the providing or use of certain Personal Data other than through the Site nor to the providing or use of Personal Data of past or present employees of, or consultants engaged by, Avtec Corporation and/or its subsidiaries, for employment or benefits administration purposes, both of which are governed by Avtec Policies designed for those respective purposes.

 

Links to Other Websites

This Privacy Statement and Consent applies only to this Site. This Site may frame or contain references or links to other Avtec web sites as well as other web sites not operated or controlled by Avtec (the “Third Party Sites”) none of which sites are governed by the policies and procedures we describe here. The links from this Site do not imply Avtec’s review or endorsement of the Third Party Sites. We suggest that you contact those sites directly for information on their privacy, security, data collection and distribution policies.

 

Security

Avtec takes reasonable steps to protect any Personal Data you provide to us and to protect such information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Unless otherwise stated on the relevant page of the Site, Avtec uses general security standards but has not taken additional action to secure data provided to its sites, and such transmissions are subject to normal Internet security risks. As noted, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail sent to or from this Site may not be secure, and you should therefore take special care in deciding what information you send to us. Please keep this in mind when disclosing any Personal Data to Avtec or to any other party via the Internet. Moreover, when you use passwords, ID numbers, or other special access features on this Site, it is your responsibility to safeguard them, in this respect please refer to the Terms and Conditions of Site Use.

 

How to Contact Avtec

Please also feel free to contact us if you have any questions about Avtec’s Privacy Statement and Consent or the information practices of this Site.