Legal notice

Legal Notice for Ocean Blaze Digital

Effective Date: 05/11/2024

These Terms and Conditions (“Terms”) govern your use of the website Ocean Blaze Digital (“the Website”, “we”, “our”, or “us”), and any services provided through it. By accessing or using this Website, you agree to comply with these Terms. If you do not agree to these Terms, please do not use our Website or services.

Scope of the Laws:
In addition to complying with South African data protection laws (such as POPIA) and the General Data Protection Regulation (GDPR) (for EU/EEA clients), we also comply with applicable U.S. privacy laws, including the California Consumer Privacy Act (CCPA) for California residents, the Children's Online Privacy Protection Act (COPPA), and other applicable federal and state privacy regulations.

1. Terms and Conditions

1.1 Services Provided

Ocean Blaze Digital offers professional web design services, Google Business Profile setup and optimization, and Google Business Profile SEO services. All services are subject to availability and may be modified or discontinued at any time.

1.2 Client Responsibilities

You agree to provide accurate and complete information as requested by Ocean Blaze Digital for the purpose of delivering services. You are responsible for ensuring that any content you provide for web design or SEO purposes complies with all applicable laws, including intellectual property laws.

1.3 Payment Terms

Payment for services is due according to the terms outlined in the specific agreement or invoice. Failure to make payments in a timely manner may result in suspension or termination of services.

1.4 Intellectual Property

All intellectual property rights in designs, code, and other content created by Ocean Blaze Digital during the course of providing services remain with Ocean Blaze Digital until payment has been made in full, at which point you will own the rights to the final deliverables. You may not copy, modify, or redistribute any content provided by us without explicit permission.

1.5 Limitation of Liability

To the fullest extent permitted by law, Ocean Blaze Digital shall not be liable for any indirect, incidental, special, or consequential damages arising from the use of our services or website. This includes, but is not limited to, damages for loss of data or business interruptions.

1.6 Governing Law and Dispute Resolution

These Terms are governed by the laws of South Africa, without regard to its conflict of law principles. However, if you are a resident of California or another jurisdiction with specific privacy laws, such laws may apply to the processing of your personal data. Any disputes arising from these Terms shall be resolved in the courts of South Africa, except where applicable international or U.S. laws apply to the processing of personal data.

2. Privacy Policy

Ocean Blaze Digital respects your privacy and is committed to protecting your personal information. This Privacy Policy explains how we collect, use, store, protect, and share your data when you visit our website or use our services.

2.1 Information We Collect

We collect personal information that you provide directly to us when you request a quote, contact us, or sign up for our services. This may include your name, email address, phone number, billing information, business name, and other personal details as necessary for us to deliver our services. We may also collect non-personally identifiable information such as IP addresses, device information, and browsing behavior.

2.2 How We Use Your Information

We use the personal and non-personal information we collect for the following purposes:

  • To provide and deliver our services, including web design, Google Business Profile setup, and SEO.
  • To communicate with you regarding inquiries, project updates, and service-related information.
  • To process payments and manage client billing.
  • To send marketing communications, updates, and promotional offers (only if you have consented to receive such communications).
  • To analyze and improve our website’s performance using tracking technologies.

2.3 Sharing Your Information

We do not sell, rent, or lease your personal information to third parties. However, we may share your data in the following circumstances:

  • Service Providers: We may share your personal information with trusted third-party service providers who assist in providing services, such as payment processors and web hosting providers.
  • Legal Requirements: We may disclose your personal information if required by law or legal process (e.g., a subpoena or court order).
  • Business Transfers: If Ocean Blaze Digital undergoes a merger, acquisition, or sale of assets, your personal information may be transferred as part of the transaction.

2.4 GDPR Compliance (for EU/EEA Clients)

If you are located in the European Union (EU) or the European Economic Area (EEA), the GDPR applies to the processing of your personal data. Under the GDPR, you have the following rights:

  • Right to Access: You have the right to request access to the personal data we hold about you.
  • Right to Rectification: You have the right to request that we correct any inaccurate or incomplete data.
  • Right to Erasure (Right to be Forgotten): You have the right to request that we delete your personal data, subject to certain exceptions.
  • Right to Object: You have the right to object to the processing of your personal data for specific purposes, such as marketing.
  • Right to Data Portability: You have the right to receive your personal data in a structured, commonly used, and machine-readable format and to transmit it to another data controller.

To exercise these rights, or if you have any concerns about how we process your data, please contact us at [contact email]. We will respond to your request in accordance with GDPR timelines.

2.5 CCPA Compliance (for California Residents)

If you are a resident of California, you have the following rights under the California Consumer Privacy Act (CCPA):

  • Right to Access: You may request to know the categories of personal information we have collected about you, the sources from which we collect your information, and the purposes for which we use it.
  • Right to Delete: You have the right to request the deletion of your personal information, subject to certain exceptions.
  • Right to Opt-Out: You have the right to opt out of the sale of your personal information (if applicable). We do not sell personal information to third parties.
  • Right to Non-Discrimination: You have the right to exercise your CCPA rights without fear of discriminatory treatment.

To exercise your CCPA rights, please contact us at [contact email]. We will respond to your request in accordance with CCPA timelines.

2.6 COPPA Compliance (Children’s Privacy)

We do not knowingly collect personal information from children under the age of 13. If we become aware that we have inadvertently collected personal information from a child under 13, we will take steps to delete that information as soon as possible.

2.7 Data Transfers Outside of the EU/EEA/US

As Ocean Blaze Digital is based in South Africa, personal data may be transferred and stored outside of the EU/EEA and U.S.. In such cases, we ensure that we have appropriate safeguards in place, such as the use of Standard Contractual Clauses (SCCs) or other legal mechanisms, to protect your data when transferred internationally.

2.8 Cookies and Tracking Technologies

We use cookies and similar tracking technologies to analyze site usage and improve user experience. You can control the use of cookies through your browser settings, but disabling cookies may affect some features of the website.

2.9 Data Retention

We retain your personal information for as long as necessary to fulfill the purposes outlined in this Privacy Policy, or as required by law. When your data is no longer required, we will securely delete or anonymize it.

2.10 Security of Your Data

We take appropriate technical and organizational measures to protect your personal data from unauthorized access, disclosure, alteration, or destruction. However, no method of transmission over the internet is completely secure, and we cannot guarantee absolute security.

3. Third-Party Links

Our website may contain links to third-party websites. We are not responsible for the privacy practices of these third parties. We encourage you to review their privacy policies before submitting personal information.

4. Changes to This Privacy Policy

We reserve the right to update or amend this Privacy Policy at any time. Any changes will be posted on this page with an updated "Effective Date." We encourage you to review this Privacy Policy periodically to stay informed about how we are protecting your personal data.

5. Contact Us

If you have any questions about this Privacy Policy or wish to exercise your rights under CCPA, GDPR, or other applicable privacy laws, please contact us at:

Ocean Blaze Digital
Email: support@oceanblazedigital.com
Phone: (+27) 66 452 4342