If you have been watching the Olympics you may have missed some of the more unusual events. As entertaining as some of our favourite sporting events are, nobody is ever quite prepared for the facial expressions seen in the artistic swimming (synchronised swimming). A source of much ammusement for the Smile Breakfast team:

When we asked for captions on our Facebook page for one of the many facial expressions in the sport, we were not disappointed:

“Athletes feet SE VOET “ – Nadima Laattoe

“That moment when your own foot wants to go rogue during a synchro swimming routine and you’re like “aaah hell no!’.” – Mandy Clair Hoffeldt

“Smaak j baklei????? Moetie, moetie sukkeli” – Waafiqah Canfield

“Gonna have to have a chat with my manucurist, she missed a spot” Jacques De Villiers

“Wezzie wezzie wezzie wezzie…..dezzie!” Rodney Scara Brown

Jokes asside, the facial expressions are very much part and parcel. So explains Sue Manners-Wood from the Barracudas Artistic Swimming club.

And on the topic why not many men take part in the sport:

Privacy Policy

1 – Introduction
Cape Town Radio (PTY) Ltd trading as Smile 90.4 FM (referred to as “The Company”, “we”, “us”, “our”) respect and acknowledge the importance of protecting your personal information. Our physical address is 7th Floor, Pier Place. 31 Heerengracht Street, Foreshore Cape Town,8000.

Smile 90.4 FM is a “responsible person” in terms of the South African Protection of Personal Information Act, 2013 (“POPIA”) and a “controller” in terms of the General Data Protection Regulation (“EU GDPR”) 2016/679 of the European Union in that it determines the purpose and the manner of processing of personal information .

Smile 90.4 FM does not provide services intended for children and accordingly, we do not knowingly collect personal information relating to children.

This Privacy Policy sets out how we will process your personal information in the ordinary course of conducting our business and also applies to our website. Please ensure that you read this Privacy Policy together with any other notifications that we may forward to you when we are collecting or processing your personal information so that you are always fully informed of how and why we are using your personal information. This Privacy Policy supplements the other notices and is not intended to override them.

By using our website, you are agreeing to the terms of this Privacy Policy. If you do not agree to our Privacy Policy, then please do not use this site.

2. Who does this policy apply to?
This Policy applies to:
— Employees and Consultants
– Listeners
– Service Providers
– Persons entering competitions and/or partaking in promotions
— Clients and advertisers
– Event attendees
– Visitors (virtual and physical)
– Any person who contacts us and/or contracts with us

3 – What personal information we collect
When you interact with us, you may provide us with personal information, or we may collect personal information from you by law or under terms of a contract we have with you. You can choose not to provide personal information when requested. However, without your requested personal information, we may not be able to provide or continue to provide you with the products or services offered by Smile 90.4 FM or allow you full access to our websites. If you refuse, we may have to cancel a product or service you have with us, but we will notify you if this is the case.

We will only collect, use, store and transfer the minimum personal information that we deem necessary to process for ordinary business purposes. Personal information we collect from you may include:

Personal Identifying Information, i.e. your first names/s and surname, email address, phone number and other contact information.
Sensitive Personal Identifying Information i.e. identity numbers,
Log-in and account information for authentication purposes and account access.
Your marketing preferences.
Demographic data such as your gender, age, country, and preferred language.
Data about how you and your PC or device interact with Smile 90.4 FM including web pages you visit when you use our websites and device, connectivity and configuration data.
[It is not standard practice for us to collect sensitive personal information about you, such as information relating to your health, religion, political beliefs, race, or sexual orientation, except with your express consent or unless we are required to do so by law.]

If we link other data with your personal information as provided to us, we will treat that linked data as personal information.

4 – How we collect personal information
We may collect your personal information in a variety of ways when you interact with us, including when:

You engage us to provide our products and services.
You create an account with us.
We process orders and payment transactions.
We respond to your inquiries and requests.
As a result of communications between you and our representatives.
We obtain feedback from you about our products and services.
We conduct our administrative and business functions.
You register for any of our events, workshops and/or seminars.
You subscribe to our mailing lists and newsletters.
We market our solutions and services to you.
You access and use our websites.
You enter a competition with us.
You complete one of our research surveys.
You apply for employment with us.
We may also collect your personal information from third party sources and third parties including public databases, business partners with whom we offer co-branded services or engage in joint marketing activities, and third parties that provide list enhancement or similar services, to the extent that this is permitted by applicable law.

As you interact with our website, we may automatically collect technical data about your equipment, browsing actions and patterns. We collect this personal information by using cookies, server logs and other similar technologies. We may also receive technical data about you if you visit other websites employing our cookies.

5 – Purposes for which we collect and use personal information
We will only use your personal information when we are permitted to do so by law. Most commonly we collect and use personal information to:

Send you communications.
Respond to inquiries and requests.
Inform you about our services and solutions.
Obtain your feedback on our services and solutions.
Provide you with a more personalised experience when you interact with us.
Conduct administrative and business functions.
Update our records and keep contact details up to date.
Enable you to effectively use, and to improve our websites.
Compile website usage statistics.
Enable you to subscribe to newsletters and mailing lists.
Enable you to register for Smile 90.4 FM events, workshops and seminars.
Recruit staff.
Assess the performance of our websites and to improve its operation.
Process and respond to privacy questions, concerns and complaints.
Fulfil legal, regulatory and contractual obligations.

6 – Change of Purpose
We will only use your personal information for the purposes for which we originally collected it, unless we reasonably consider that we need to use it for another reason which is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact our Information Officer.

If we need to use your personal information for a purpose unrelated to the original purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your Personal information without your knowledge or consent but only where this is required or permitted by law.

7 – Sharing your personal information
We may share your personal information for the purposes above with:

Our affiliates and subsidiaries, if any, who are similarly bound by this Privacy Policy.
Business partners, vendors, or contractors to provide requested services or facilitate transactions, including but not limited to processing of orders, assisting with sales-related activities or post-sales support, and providing customer support. It is important to note that any third parties with whom we share personal information are contractually required to implement appropriate data protection and security measures and are not permitted to process personal information for any purpose other than the purpose for which they are given access.
In connection with, any joint venture, merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or to another company.
In response to a request for information by a competent authority in accordance with, or required by any applicable law, regulation or legal process.
Where necessary to comply with legal obligations, judicial proceedings, court orders or government orders.
To protect the rights, property or safety of Smile 90.4 FM, its business partners, you, or others, or as otherwise required by applicable law.
Where you consent to the sharing of your personal information.

8 – Transfers across borders
It may be necessary for us to process, transfer and/or store your personal information in other countries, either to carry out your instructions or for ordinary business purposes. These countries may not have the same level of protection as is required by POPIA or the GDPR. Where this is the case, we will only process your personal information with your consent. If necessary, we will ask the party to whom we transfer your personal information to agree to our privacy principles, associated policies and practices so that your personal information will be protected to the same extent that it would have been had it been processed by us. Please contact us if you want further information on the specific mechanism used by us when transferring your Personal information out of South Africa or the European Economic Area.

9 – Security of your personal information
Smile 90.4 FM is committed to protecting your personal information from misuse, loss, unauthorised access, modification or disclosure by using a combination of physical, administrative and technical safeguards and contractually requiring that third parties to whom we disclose your personal information do the same.

Whilst Smile 90.4 FM makes every effort to secure its websites, you should note that the internet is not completely secure; thus when you submit or post personal information online, you should be aware that Smile 90.4 FM cannot guarantee the security of any personal information that you submit or post online.

10 – Direct marketing
You can choose whether you wish to receive marketing communications from us by email, social media platforms and/or phone. Even when you have agreed to this, you may opt out of receiving future marketing materials from us at any time, as well as manage your communication preferences by following the unsubscribe instructions included in each marketing email from us, or sending a message using the contact form, https://smile904.fm/contact-us/ including your details and a description of the marketing material you no longer wish to receive from us. We will comply with your request as soon as is reasonably possible. If you opt out of receiving marketing-related communications from us, we may still send you administrative messages as part of your ongoing use of our websites, solutions or services.

We do not provide your personal information to unaffiliated third parties for direct marketing purposes or sell, rent, distribute or otherwise make personal information commercially available to any third party.

11 – What are your rights?
In the event that you wish to complain about how we have handled your Personal Information, please contact our Information Officer at sandile@smile904.fm . Our Information Officer will then look into your complaint and work with you to resolve the matter.

If you still feel that your Personal Information has not been handled appropriately according to the law, you can contact www.justice.gov.za/inforeg and file a complaint with them.

In order to access, correct, update, block or delete your personal information, you have the right to:

Request access to your personal information. This allows you to receive a copy of your personal information held by us and to check that we are lawfully processing it.
Request correction of your personal information held by us. This allows you to have any of your incomplete or inaccurate information corrected, although we may need to verify the accuracy of the new information that you provide.
Request erasure of your personal information. This allows you to request that we delete or remove your personal information where there is no justifiable reason for us to continue processing the information. In addition, you have the right to request us to delete or remove your personal information where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal information in order to comply with a legal requirement. Please note that for specific legal reasons which will be communicated to you, we may not always be able to comply with your request of erasure.
Object to processing of your personal information. You may object to our processing of your information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal information for direct marketing purposes. In some cases, we may be able to demonstrate that we have compelling legitimate grounds to process your information which overrides your rights and freedoms.
Request restriction of processing of your personal information. This allows you to request that we suspend the processing of your personal information in the following scenarios:
If you want us to establish the accuracy of the information.
Where our use of the information is unlawful, but you do not want us to erase it.
Where you need us to hold the information even if we no longer require it as you need it to establish, exercise or defend legal claims.
You have objected to our use of your information, but we need to establish whether we have overriding legitimate grounds to use it.
Request the transfer of your personal information to you or to a third party. We will provide you, or a nominated third party, with your personal information in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which you initially provided consent for us to use, or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal information. However, this will not affect the lawfulness of any processing carried out before the withdrawal of your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
No fee usually required: You will normally not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
What we may need from you: We may need to request specific information from you to assist us to confirm your identity and ensure your right to access your personal information (or to exercise any of your other rights). This is a security measure to ensure that personal information is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request in order to speed up our response.
Time limit to respond: We will endeavour to respond to all legitimate requests within 30 days. Occasionally it may take us longer than this if your request is particularly complex or if you have made a number of requests, in which case, we will notify you of the delay and keep you updated.

12 – Cookies and Similar Technologies
When you access our websites, we may use cookies and similar technologies including scripts, embedded web links, web beacons, Local Shared Objects and Local Storage to assist us to do things such as:

Improve your browsing experience.
Customise our interactions with you.
Store and manage your preferences and settings.
Compile statistical data.
Analyse the performance and usability of our websites.
Measure website traffic patterns.
Determine which areas of our websites have been visited.
These technologies collect information that your browser sends to our websites including your browser type, information about your IP address, geographic location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use , together with the date, time and duration of your visit, the pages you view and the links you click.

Our sites may also contain web beacons or similar technologies from third party analytics providers, through which they collect information about your online activities across our websites to help us compile aggregated statistics about the effectiveness of marketing campaigns or other business operations.

You can stop your browser from accepting cookies by changing the settings on your web browser. Be aware that restricting cookies may impact the functionality of our websites. We recommend that you allow cookies. On most browsers cookies are enabled by default. You can adjust the settings and options on your browser to disable or enable them or visit https://www.aboutcookies.org for detailed information about managing cookies on various browsers.

For more information on how we use cookies and other technologies, please contact our Information Officer on the details set out below.

13 – Social media
We operate and communicate through our designated channels, pages and accounts on some social media sites to inform, help and engage with our customers. We monitor and record comments and posts made about us on these channels so that we can improve our services.

The general public can access and read any information posted on these sites. We are not responsible for any information posted on those sites other than the information posted by our designated officials. We do not endorse the social media sites themselves, or any information posted on them by third parties or other users.

When you engage with us through social media, your personal information may be processed by the site owner; this processing occurs outside of our control and may take place in a country outside South Africa that may have different privacy regulations.

We regularly update and monitor our social media accounts and welcome feedback and ideas sent to us through these channels. We try to join conversations whenever possible but cannot guarantee that we will read or reply to all messages sent to official Smile 90.4 FM social media accounts.

Consistent feedback and helpful suggestions will be given to the relevant people within the company for consideration, but we cannot guarantee that any feedback or suggestions will be acted upon Smile 90.4 FM.

14 – Links to third party websites and applications
Our websites may contain links to sites and applications operated by third parties. We make no representations or warranties in relation to the privacy practices of any third party site or application and we are not responsible for any third party content or privacy statements. Your use of such sites and applications is subject to the relevant third party privacy statements.

15 – Retaining your personal information
We retain your personal information for only as long as is necessary to fulfil the purposes for which it was collected, or to comply with legal obligations, resolve disputes, protect our assets, or enforce agreements. Depending on the purpose, retention periods will vary.

Any Personal Information held by us for marketing and service update notifications will be kept by us until such time that you notify us that you no longer wish to receive these notifications.

The criteria we use to determine retention periods, excluding marketing and service notifications, include whether:

We are under a legal, contractual or other obligation to retain personal information including pursuant to data retention laws, as part of an investigation or for litigation purposes.
Personal information is needed to provide our solutions and services business including performance improvement and to maintain accurate business and financial records.
There are automated means to enable you to access and delete your personal information at any time. We will generally retain personal information for a shorter period of time, where this is not the case.
The personal information is Special Personal Identification Information in which event we will generally retain this for a shorter period of time.
You have consented to us retaining your personal information for a longer retention period, in which case, we will retain personal information in line with your consent.

16 – Changes to our Privacy Policy
We may update this Privacy Policy from time to time. Any updates of this Policy will be posted on the Smile 90.4 FM website together with an updated revision date. Unless otherwise stated, any new Privacy Policy will supersede the previous Policy.

17 – How to contact us
We have appointed an Information Officer who is responsible for overseeing questions in relation to this Privacy Policy. If you have any questions about how your personal information is handled by Smile 90.4 FM you have a privacy concern or you wish to make a complaint, please contact us addressing the Information Officer at sandile@smile904.fm

18 – Validity and document management
Smile 90.4 FM keeps this Privacy Policy under regular review and places updates on our web page, alternatively, the updates can be requested from our Information Officer. This document was updated on 22nd July 2021.

The Information Officer is the owner of this document, who checks and, if necessary, updates the document at least once a year.

IMPORTANT NOTICE: If you use the Smile 90.4 website you will be bound by these terms and conditions but if requested to do so, you should indicate your agreement by ticking the relevant box.  When you use the Smile app we will refer to you as “the user” or “you”.

 

  1. Interpretation
    • The following terms and expressions have the meanings set out next to them:

“agreement” means this agreement, which constitutes the terms and conditions set out here;

“content” includes but is not limited to software, audio and video, entertainment, news, topical chat, music compilations including songs and instrumentals, live music recordings, and related materials;

“forums” include but are not limited to bulletin boards, chatrooms, comment forms, competition entry forms, and other public areas found on the Smile 90.4FM site.

“Intellectual Property” is all of Smile’s trademarks, content, competitions and materials, the copyright of which belongs to Smile;

“Smile” is Cape Town Radio Pty Ltd trading as Smile 90.4FM, a commercial sound broadcaster licensed by ICASA under the Electronic Communications Act, 2005;

“Smile site” is the website at the address www.smile904.fm, controlled and/or owned by Smile;

“submissions” or “entries” will include notes, images, creative materials, ideas, suggestions, concepts, communication including any data, questions, comments and other information submitted using electronic communications including communications made over or with the help of the Smile site or emails directed to a relevant Smile email address.

  • When you use the Smile app we will refer to you as “the user” or “you”.
  • In this agreement unless it appears to the contrary, the singular shall include the plural and vice versa, any reference to any gender shall also include the other genders and any reference to a natural person shall include legal person and vice versa.
  • The section headings used are for convenience only and shall be of no legal consequence.

 

  1. Intellectual property and use rights
    • Smile grants you permission to view, copy, download to a local drive, print and distribute the content of the Smile website or part of it provided the content is used only for information and not for commercial purposes.
    • All reproductions of any part of the Smile website and content must include this clause.
    • You may not represent that any of the content of the Smile site is your’s nor use, change, modify, replace, or otherwise deal with the software or content in any way.

 

  1. Access and availability of service and links
    • The Smile 90.4fm site contains links to other related Internet sites. The linked sites are for the user’s convenience only Smile does not endorse, support, agree with or take responsibility for any content on those sites or the sites or links themselves.
    • Smile reserves the right to remove any content posted to the Smile site or uploaded to any forum by any person for any reason whatsoever and content that is harmful to children incites hate speech or racism, or is otherwise insensitive, defamatory or abusive is prohibited and will be removed by Smile 90.4fm. For this purpose, Smile may monitor submissions, entries and communications on or in forums.
    • Smile 90.4fm may terminate or suspend access to the site at any time for any reason including maintenance or emergency work, without notice.
    • Submissions to Smile 90.4fm through the website may not contain marketing or promotional messaging nor may they solicit donations unless Smile invites you to do so. When you create content on or it is transmitted through the Smile website, you grant Smile 90.4fm a worldwide, royalty-free, perpetual, irrevocable and transferable licence to use, copy, modify, adapt, distribute and display your content and you waive any claims and assertions of moral rights or attribution in relation to your content. If you provide Smile with any ideas, suggestions or feedback please be aware that this is entirely voluntary and we may use those ideas, suggestions and feedback without compensation or credit to you.
    • We may monitor, screen or edit your content on the website and may delete and remove it if it is in breach of any of these terms and conditions.

 

  1. Damages, Warranty, and Indemnity
  • The user warrants that they own all materials in their submissions, and agrees that they shall be solely liable for any damage resulting from any infringement of copyrights, trademarks and other proprietary rights or any other damages resulting from such a submission that infringes these rights. The user further indemnifies and holds Smile harmless against all claims for any damages whatsoever arising from the use of the Smile site.
  • Smile does not guarantee or warrant:
    that the availability of the Smile site will be uninterrupted;
  1. that the Smile site will be default-free and that the defects will be corrected; or.
    c. that the results that may be obtained from the use or application from information gained from the Smile site are accurate in all respects.
  • The Smile sites is available for use without any warranty of any kind whether express or implied, including but not limited to warranties of satisfactory quality, non-infringement, title, security and compatibility. Smile is not liable for any damages that might be suffered by the user however they may occur or whatever form they may take including damages suffered as a result of interception or misuse of communications made by users through or to the site or the Smile email address.
  • If Smile advertises any products, prizes or services on its site, the terms and conditions of the use or acquisition of those products, prizes and services will apply in addition to these terms and conditions.
  1. Privacy and data protection
    • In order to use this site or to make a submission you may be required to register. Your personal details including your full names, address, contact number and identity number may be requested and other personal information which is necessary to enter you into a competition (see our Competition Rules) or send you information or prizes may also be requested.
    • You do not have to provide this information but if you do not, Smile will not be able to provide services to you that require registration.
    • If you provide Smile with your personal information by entering it on the website or sending it in an email, it will only be used for the purpose that is disclosed to you when Smile makes the request. Smile will not share your personal information with anyone without your prior written permission except for our accountants, auditors or attorneys (where their advice or oversight is required) and entities that sponsor prizes or donations that ask for your information in order to make the donation or provide the sponsorship.
    • Your personal information will be securely stored and will not be accessible to anyone other than designated authorised Smile personnel. You may ask us to delete it at any time and provided we are not required by law or the rules of a competition or an agreement with the sponsor or donor concerned to retain it, we will delete it and confirm that we have done so.
    • Smile will not process personal information other than as set out here, and your details will be kept confidential unless you are the winner of a prize or recipient of a donation or sponsorship in which case Smile will indicate that publication is necessary in the relevant entry rules.

 

  1. General
    • These terms and conditions constitute the entire agreement between Smile and users.
    • The agreement and the terms and conditions shall be governed and construed in accordance with the laws of the Republic of South Africa. Any dispute arising under or as a result of these terms and conditions shall be exclusively subject to the jurisdiction of the courts of the Republic of South Africa. Smile may at any time revise these terms and conditions by updating the postings. Users should periodically visit this agreement to review the then current terms and conditions to which the user is bound.
    • Smile may change or discontinue any aspect or feature of the Smile site.
    • If any of the terms and conditions contained in this agreement should be deemed to be unlawful, invalid or otherwise unenforceable it shall be severed and deleted from the balance of the terms and conditions and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.

 

Smile privacy and data protection policy

This policy should be read with our website and app terms and conditions if you use either of those platforms.

  1. “Smile” or “we” means Cape Town Radio Pty Ltd, trading as Smile 90.4FM.
  2. Smile is a licensed commercial sound broadcaster, providing entertainment that is publicly accessible (“Smile’s business”)
    1. You” means any person who contacts Smile for any reason in the course of Smile’s business.
    2. Smile is committed to protecting your “personal information” (such as your name, address, gender, race, religion, opinions and submissions, your province or suburb, age or membership of any club, employment by any company or phone number).
    3. If you provide us with your consent, your personal information may be broadcast or published. This will be the case if the terms and conditions of a promotion, competition, donation or sponsorship (“the undertaking”) require your details, or if Smile is required to provide your details to anyone by law in relation to the undertaking (“the specified purpose”).  For example, if you enter a competition, we will need certain details from you which will constitute personal information.  If you do not want to provide these details, you may not be permitted to enter the competition.
    4. When we are not using your personal information for the specified purpose, it will be stored as securely as reasonably possible and only authorized persons will be able to access it. Access will only be granted for the specified purposes.
    5. Dealing with your personal information in a way that requires us to record, store, amend, split, or otherwise act in relation to your information is called “processing”. Smile will not process your information except where that processing is a term or condition of an undertaking or, for example, if we have to provide it in a particular format to the regulatory authority in charge of broadcasting, called ICASA, or if Smile has to provide all or only certain parts of it to a third party as part of its business in terms of a legal obligation.
    6. You may ask us to delete your personal information at any time, subject to clause 7.
  3. GENERAL COMPETITION RULES
    1. “Smile” is Cape Town Radio Pty Ltd trading as Smile or Smile 90.4FM, a commercial sound broadcaster licensed by ICASA under the Electronic Communications Act, 2005.
    2. Competitions created, advertised or organised by Smile are open to legal residents of the Republic of South Africa who must be at least 18 years old, unless they have consent from their legal guardian.
    3. Once you have entered a competition, you will be referred to as “entrants”. Entrants that are under 18 years old will be referred to as “minors”.
    4. Entrants must not enter on behalf of any other person and may not be made by legal persons like companies; each entry must be personal to the entrant.
    5. Entrants must provide certain personal information to identify them and make delivery to them if they win a prize, to record the winner for audit purposes, to enable direct contact if necessary, and to verify their personal information, for example, whether or not they are a minor. Please read our Privacy and Data Protection Policy for more information about how we treat your personal information.
    6. On acceptance of a prize, the prize winner grants permission to Smile and the prize sponsor to use their personal information for publicity purposes at no cost to Smile. The winner must also provide their address and identity number (personal information) which personal information will be used in relation only to the specific competition, if this personal information has not been provided as a condition of entry.  Smile is not liable for the unauthorised use by any person of any of the winner’s personal details once they have been broadcast or published.
    7. Smile reserves the right to verify the information provided by every entrant including their age.
    8. Competitions are not open to directors, employees, agencies, prize sponsors or contractors of Smile or any person directly or indirectly involved in those companies including any person or company that may be running the competition, or the immediate family members of these people.
    9. By entering competitions, entrants agree to adhere to all the competition rules and regulations of the particular competition which include these Rules, which entrants must be familiar with before entering the competition.
    10. Any breach of these Rules by an entrant to the competition will result in immediate disqualification from that competition and any other competitions over any period that Smile may decide in its sole discretion. Smile may also disqualify an entrant who is a winner in a competition, even after announcing the winner of that competition if it is later found that the information provided was false, or that they do not have parental consent if the entrant is a minor, or for any other breach of these Rules.
    11. Entrants take part in competitions at their own risk and Smile accepts no responsibility for any loss, damage or harm suffered as a result of participation in any of the competitions.
    12. Smile is not liable for any technical failures or other events outside its reasonable control that result in entries being excluded or announcements made regarding any winners not being received. Entries received after the closing date for the competition will not be valid. Smile will take reasonable steps to ensure that winners are notified as soon as possible after the draw.
    13. If payments of any kind are necessary to enter the competition, including to use data if this is necessary to enter the competition, the entrant is liable for all of those payments and Smile has no liability in this regard.
    14. The judges’ decision in any competition is final and no discussion or correspondence will be entered into.
    15. Prizes may not be exchanged for cash or any other prize, nor are they transferable.
    16. Cash prizes may take up to 30 days to be paid out, and will only be paid into a valid South African bank account in the name of the person who is the valid winner of the prize. Cash prizes that are won by minors will only be paid to the minor’s legal guardian.
    17. Unless stated otherwise, if a car is a prize, the winner cannot be a minor and the entrant must have a valid driver’s licence. If a winner does not have a valid driver’s licence then Smile may withhold or award the prize at its sole discretion. If a car is a prize, the prize includes licensing and registration. Unless stated otherwise, extra accessories are not included as part of the prize. Insurance for the car will be the winner’s responsibility from the date of transfer of the car to the winner.
    18. Winners use and accept prizes at their own risk and will become the owner of the prize on acceptance from, physical transfer or delivery to the winner by Smile or its agent.
    19. Each person that is a winner may only enter competitions where the value is R1,000 or more after a period of 3 calendar months. Smile reserves the right to not award a prize if the winner falls into this category in the relevant 3 calendar months.
    20. Smile reserves the right to redistribute all unclaimed prizes if not claimed after 2 months after being announced through any Smile channel. A Smile channel includes the Smile app and website.
    21. Where indicated, finalists may not receive a prize if they fail to attend the draws if this is a condition of entry and this will be specified in the competition rules.
    22. Subject to the sponsor’s conditions or any other specific terms of entry, Smile will make every reasonable effort to award the identical prize that is described in the competition, but does not accept responsibility if the prize differs in an immaterial way from that advertised, for example it is a different colour.
    23. If a prize is valued at more than R10,000, the determination of a winner will be made by a representative of Smile’s accountants, auditors or attorneys and their decision is final.
    24. Smile reserves the right to cancel or amend competitions, their rules or withdraw prizes at their sole discretion or if circumstances require it and the changes will take immediate effect. No entrant shall have any recourse against Smile as a result of the amendments or cancellation.
    25. Smile may also amend these standard terms and conditions where necessary for specific competitions and will make those amendments to these standard terms and conditions available on its website, and in every broadcast relating to that or those competition rules.
    26. If a competition is made available online or on another Smile channel then the terms of use governing that channel will also apply to every entrant. In this case there may also be terms and conditions that will apply to the use of social media which the entrant should ensure they are familiar with.

The copyright, image rights and any other rights vesting in any sponsor or promotional materials relating to competitions and prizes are the property of Smile.

SMILE APP

Terms of Use

IMPORTANT NOTICE: if you use the Smile app you will be bound by these terms and conditions.  When you use the Smile app we will refer to you as “the user” or “you”. Please read our Privacy and Data Protection policy which forms an integral part of these terms and conditions, and if you enter a competition using the Smile app, please also read the terms and conditions that apply to competitions.  If you should have defaulted to the Smile website, please note that additional terms and conditions will apply to your use of the website.

  • The following terms and expressions have the meanings set out next to them:

“agreement” means this agreement, which constitutes the terms and conditions set out here;

“content” includes but is not limited to software, audio and video, entertainment, news, topical chat, music compilations including songs and instrumentals, live music recordings, and related materials;

“forums” Include but are not limited to bulletin boards, chatrooms, comment forms, competition entry forms, and other public areas found on the Smile app;

“Intellectual Property” is all of Smile’s trademarks, content on the app, competitions and materials, software and derivatives;

“Smile” is Cape Town Radio Pty Ltd trading as Smile 90.4FM, a commercial sound broadcaster licensed under the Electronic Communications Act, 2005;

“Smile app” or “app” is the software application created and owned by Smile;

“software” includes any images or data generated by the software incorporated in the Smile app; and

“submissions” or “entries” will include notes, images, creative materials, ideas, suggestions, concepts, communication including any data, questions, comments and other information submitted using electronic communications including communications made over or with the help of the Smile app.

  • When you use the Smile app you will be referred to as a “user” or “you” and you agree to be bound by all of these terms and conditions.
  • In this agreement unless it appears to the contrary, the singular shall include the plural and vice versa, any reference to any gender shall also include the other genders and any reference to a natural person shall include legal person and vice versa.
  • The section headings used are for convenience only and shall be of no legal consequence.

 

1.Interpretation

1.1 The following terms and expressions have the meanings set out next to them:

“agreement” means this agreement, which constitutes the terms and conditions set out here;

“content” includes but is not limited to software, audio and video, entertainment, news, topical chat, music compilations including songs and instrumentals, live music recordings, and related materials;

“forums” Include but are not limited to bulletin boards, chatrooms, comment forms, competition entry forms, and other public areas found on the Smile app;

“Intellectual Property” is all of the Smile 90.4fm trademarks, content on the app, competitions and materials, software and derivatives;

“Smile” is Cape Town Radio Pty Ltd trading as Smile 90.4FM, a commercial sound broadcaster licensed under the Electronic Communications Act, 2005;

“Smile app” or “app” is the software application created and owned by Smile;

“software” includes any images or data generated by the software incorporated in the Smile app; and

“submissions” or “entries” will include notes, images, creative materials, ideas, suggestions, concepts, communication including any data, questions, comments and other information submitted using electronic communications including communications made over or with the help of the Smile app.

 

2. Intellectual property and use rights

2.1 Smile grants you permission to view and use the Smile app or part of it provided the app is used only for information and not for commercial purposes.  The Smile app may be downloaded at your own cost from the Google Playstore or the App store, whose terms and conditions you should also comply with.  Your use of data to access and use the app is for your cost.

2.2 Smile and its licensors hold all rights of ownership, use and interest in the Smile app and its contents, software and intellectual property, including all modifications, enhancements, copyright, derivative works or app-related content (referred to as “the app and intellectual property”). You may not represent that you have any rights other than a right of use, in relation to the app and intellectual property.

2.3 The app facilitates the uploading, downloading, display and transmission of content produced by Smile and by you.

2.4 Unless you are the owner of the content you use with the app, you may not reproduce, duplicate, publish, broadcast or exploit any of the content on the app.

2.5 Smile takes no responsibility for and we do not endorse your content, we merely make a platform available for you to transmit your content in accordance with these terms and conditions.

2.6 When your content is created on or transmitted over the app, you grant Smile a worldwide, royalty-free, perpetual, irrevocable and transferable licence to use, copy, modify, adapt, distribute and display your content and you waive any claims and assertions of moral rights or attribution in relation to your content. If you provide Smile with any ideas, suggestions or feedback please be aware that this is entirely voluntary and we may use those ideas, suggestions and feedback without compensation or credit to you.

2.7 We may monitor, screen or edit your content on the app and may delete and remove it if it is in breach of any of these terms and conditions.