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Terms & Conditions

1.Privacy Policy

At Gear Corporate Gifts (Pty) Ltd , d/b/a Gear Workwear (“us”, “we”, “our” or the “Company”) we value your privacy and the importance of safeguarding your data. This Privacy Policy (the “Policy”) describes our privacy practices for the activities set out below. As per your rights, we inform you how we collect, store, access, and otherwise process information relating to individuals. In this Policy, personal data (“Personal Data”) refers to any information that on its own, or in combination with other available information, can identify an individual.

We are committed to protecting your privacy in accordance with the highest level of privacy regulation. As such, we follow the obligations under the below regulations:

  • Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) and the applicable provincial legislations
  • Quebec Law 25
  • the EU’s General Data Protection Regulation (GDPR)
  • Brazil’s Data Protection Legislation (LGPD)
  • California’s Consumer Privacy Act (CCPA) / California Privacy Rights Act (CPRA) and California Online Privacy Protection Act (CalOPPA)
  • Colorado Privacy Act (CPA)
  • Utah Consumer Privacy Act (UCPA)
  • Connecticut Data Privacy Act (CTDPA)
  • Virginia Consumer Data Protection Act (VCDPA)
  • South Africa’s Protection of Personal Information Act (POPIA)

Scope

This policy applies to the Gear Corporate Gifts (Pty) Ltd websites, domains, applications, services, and products.

This Policy does not apply to third-party applications, websites, products, services or platforms that may be accessed through (non-Gear Corporate Gifts (Pty) Ltd) links that we may provide to you. These sites are owned and operated independently from us, and they have their own separate privacy and data collection practices. Any Personal Data that you provide to these websites will be governed by the third-party’s own privacy policy. We cannot accept liability for the actions or policies of these independent sites, and we are not responsible for the content or privacy practices of such sites.

Processing Activities

This Policy applies when you interact with us by doing any of the following:

  • Make use of our application and services as an authorized user
  • Visit any of our websites that link to this Privacy Statement
  • Receive any communication from us including newsletters, emails, calls, or texts / SMS

2. Personal Data We Collect

What Personal Data We Collect

When you make a purchase, or attempt to make a purchase, we collect the following types of Personal Data:

This includes:

  • Account Information such as your name, email address, and password
  • Payment Information such as your billing address, phone number, credit card, debit card or other payment method
  • Purchase Information specifically if personalized or unique
  • Location Data

When you use our products and/or features, we collect the following types of Personal Data:

  • Account Information such as your name, email address, and password
  • Payment Information such as your billing address, phone number, credit card, debit card or other payment method
  • Purchase Information specifically if personalized or unique
  • Location Data

How We Collect Your Personal Data

We collect Personal Data from the following sources:

From You. You may give us your Account Information, Payment Information, Financial Information, Demographic Data, Purchase Information, Content, Feedback, Product Information, by filling in forms, using our products or services, entering information online or by corresponding with us by post, phone, email or otherwise. This includes Personal Data you provide, for example, when you:

  • Create an account or purchase products on our website;
  • Use our products or services;
  • Create content through our products or services;
  • Express interest in our products or services;
  • Downloading software and/or our mobile application;
  • Subscribe to our newsletter;
  • Complete a voluntary market research survey;
  • Contact us with an inquiry or to report a problem (by phone, email, social media, or messaging service);
  • When you log in to our website via social media;

Automated technologies or interactions: As you interact with our website, we may automatically collect the following types of data (all as described above): Device Data about your equipment, Usage Data about your browsing actions and patterns, and Contact Data where tasks carried out via our website remain uncompleted, such as incomplete orders or abandoned baskets. We collect this data by using cookies, server logs and other similar technologies. Please see our Cookie section (below) for further details.

Third parties: We may receive Personal Data about you from various third parties, including:

  • Account Information and Payment Information from another individual when they purchase a gift for you on our website;
  • Device and Usage Data from third parties, including analytics providers such as Google;
  • Account Information and Payment Data from social media platforms when you log in to our website using such social media platforms;
  • Content from communication services, including email providers and social networks, when you give us permission to access your data on such third-party services or networks;
  • Account Information and Payment Data from third parties, including organizations (such as law enforcement agencies), associations and groups, who share data for the purposes of fraud prevention and detection and credit risk reduction; and
  • Account Information, Payment Data, and Financial Data from providers of technical, payment and delivery services.

If you provide us, or our service providers, with any Personal Data relating to other individuals, you represent that you have the authority to do so and acknowledge that it will be used in accordance with this Policy. If you believe that your Personal Data has been provided to us improperly, or to otherwise exercise your rights relating to your Personal Data, please contact us by using the information set out in the “Contact us” section below.

Device and Usage Data

When you visit a Gear Corporate Gifts (Pty) Ltd website and/or mobile application, we automatically collect and store information about your visit using browser cookies (files which are sent by us to your computer), or similar technology. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. The Help Feature on most browsers will provide information on how to accept cookies, disable cookies or to notify you when receiving a new cookie. If you do not accept cookies, you may not be able to use some features of our Service and we recommend that you leave them turned on.

Data we collect from third parties

We may receive your Personal Data from third parties such as companies subscribing to Gear Corporate Gifts (Pty) Ltd services, partners and other sources. This Personal Data is not collected by us but by a third party and is subject to the relevant third party’s own separate privacy and data collection policies. We do not have any control or input on how your Personal Data is handled by third parties. As always, you have the right to review and rectify this information. If you have any questions you should first contact the relevant third party for further information about your Personal Data. Where that third party is unresponsive to your rights, you may contact the Data Protection Officer at Gear Corporate Gifts (Pty) Ltd (contact details below).

Our websites and services may contain links to other websites, applications and services maintained by third parties. The information practices of such other services, or of social media networks that host our branded social media pages, are governed by third parties’ privacy statements, which you should review to better understand those third parties’ privacy practices.

Purpose and Legal Basis for the Processing of Personal Data

We collect and use your Personal Data with your consent to provide, maintain, and develop our products and services and understand how to improve them.

These purposes include:

  • To deliver your product or service
  • To fulfill orders including electronic and non-electronic shipment
  • Providing, Developing, and Improving our Products and Services
  • Deliver, maintain, debug and improve our products and services.
  • Enable you to access Gear Corporate Gifts (Pty) Ltd services and set up accounts.
  • Provide you with technical and customer support
  • Organize and Deliver Advertising and Marketing
  • Send you newsletters and other marketing communications about current and future products, programs and services, events, competitions, surveys and promotions held by us or hosted on our behalf; and
  • Organize events or register attendees and schedule meetings for events.
  • For research and development
  • To communicate with you about the Products and Services

Where we process your Personal Data to provide a product or service, we do so because it is necessary to perform contractual obligations. All of the above processing is necessary in our legitimate interests to provide products and services and to maintain our relationship with you and to protect our business for example against fraud. Consent will be required to initiate services with you. New consent will be required if any changes are made to the type of data collected. Within our contract, if you fail to provide consent, some services may not be available to you.

Third Party Tools

We use these third party tools to store your information:

  • Sage Accounting

International Data Transfer and Storage

Where possible, we store and process data on servers within the general geographical region where you reside (note: this may not be within the country in which you reside). Your Personal Data may also be transferred to, and maintained on, servers residing outside of your state, province, country or other governmental jurisdiction where the data laws may differ from those in your jurisdiction. We will take appropriate steps to ensure that your Personal Data is treated securely and in accordance with this Policy as well as applicable data protection law. More information about these clauses can be found here: https://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX%3A32021D0914

Sharing and Disclosure

We will share your Personal Data with third parties only in the ways set out in this Policy or set out at the point when the Personal Data is collected.

We also use Google Analytics to help us understand how our customers use the site. You can read more about how Google uses your Personal Data here: https://www.google.com/intl/en/policies/privacy/

You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout

We may also use your Personal Data to provide you with targeted marketing via advertisements or communications (such as newsletters).

For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/

Legal Requirement

We may use or disclose your Personal Data in order to comply with a legal obligation, in connection with a request from a public or government authority, or in connection with court or tribunal proceedings, to prevent loss of life or injury, or to protect our rights or property. Where possible and practical to do so, we will tell you in advance of such disclosure.

Service Providers and Other Third Parties

We may use a third party service provider, independent contractors, agencies, or consultants to deliver and help us improve our products and services. We may share your Personal Data with marketing agencies, database service providers, backup and disaster recovery service providers, email service providers and others but only to maintain and improve our products and services. For further information on the recipients of your Personal Data, please contact us by using the information in the “Contacting us” section below.

3. Cookies

What are Cookies?

A cookie is a small file with information that your browser stores on your device. Information in this file is typically shared with the owner of the site in addition to potential partners and third parties to that business. The collection of this information may be used in the function of the site and/or to improve your experience.

How we use cookies

  • To give you the best experience possible, we use the following types of cookies:
  • Strictly Necessary. As a web application, we require certain necessary cookies to run our service.
  • Preference.
    • We use preference cookies to help us remember the way you like to use our service.
    • Some cookies are used to personalize content and present you with a tailored experience. For example, location could be used to give you services and offers in your area.

4. Retention & Deletion

We will only retain your Personal Data for as long as necessary for the purpose for which that data was collected and to the extent required by applicable law. When we no longer need Personal Data, we will remove it from our systems and/or take steps to anonymize it.

5. Merger or Acquisition

If we are involved in a merger, acquisition or asset sale, your personal information may be transferred. We will provide notice before your personal information is transferred and becomes subject to a different Privacy Policy. Under certain circumstances, we may be required to disclose your personal information if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

6. How We Keep Your Data Safe

We have appropriate organizational safeguards and security measures in place to protect your Personal Data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed.

The communication between your browser and our website uses a secure encrypted connection wherever your Personal Data is involved.

We require any third party who is contracted to process your Personal Data on our behalf to have security measures in place to protect your data and to treat such data in accordance with the law.

In the unfortunate event of a Personal Data breach, we will notify you and any applicable regulator when we are legally required to do so.

7. Children’s Privacy

We do not knowingly collect Personal Data from children under the age of 18 Years

8. Your Rights for Your Personal Data

Depending on your geographical location and citizenship, your rights are subject to local data privacy regulations. These rights may include:

  •  Right to Access (PIPEDA, GDPR Article 15, CCPA/CPRA, CPA, VCDPA, CTDPA, UCPA, LGPD, POPIA)You have the right to learn whether we are processing your Personal Data and to request a copy of the Personal Data we are processing about you. 
  •  Right to Rectification (PIPEDA, GDPR Article 16, CPRA, CPA, VCDPA, CTDPA, LGPD, POPIA)You have the right to have incomplete or inaccurate Personal Data that we process about you rectified. 
  •  Right to be Forgotten (right to erasure) (GDPR Article 17, CCPA/CPRA, CPA, VCDPA, CTDPA, UCPA, LGPD, POPIA)You have the right to request that we delete Personal Data that we process about you, unless we need to retain such data in order to comply with a legal obligation or to establish, exercise or defend legal claims. 
  •  Right to Restriction of Processing (GDPR Article 18, LGPD)You have the right to restrict our processing of your Personal Data under certain circumstances. In this case, we will not process your Data for any purpose other than storing it. 
  •  Right to Portability (PIPEDA, GDPR Article 20, LGPD)You have the right to obtain Personal Data we hold about you, in a structured, electronic format, and to transmit such Personal Data to another data controller, where this is (a) Personal Data which you have provided to us, and (b) if we are processing that data on the basis of your consent or to perform a contract with you or the third party that subscribes to services. 
  •  Right to Opt Out (CPRA, CPA, VCDPA, CTDPA, UCPA)You have the right to opt out of the processing of your Personal Data for purposes of: (1) Targeted advertising; (2) The sale of Personal Data; and/or (3) Profiling in furtherance of decisions that produce legal or similarly significant effects concerning you. Under CPRA, you have the right to opt out of the sharing of your Personal Data to third parties and our use and disclosure of your Sensitive Personal Data to uses necessary to provide the products and services reasonably expected by you. 
  •  Right to Objection (GDPR Article 21, LGPD, POPIA)Where the legal justification for our processing of your Personal Data is our legitimate interest, you have the right to object to such processing on grounds relating to your particular situation. We will abide by your request unless we have compelling legitimate grounds for processing which override your interests and rights, or if we need to continue to process the Personal Data for the establishment, exercise or defense of a legal claim. 
  •  Nondiscrimination and nonretaliation (CCPA/CPRA, CPA, VCDPA, CTDPA, UCPA)You have the right not to be denied service or have an altered experience for exercising your rights. 
  •  File an Appeal (CPA, VCDPA, CTDPA)You have the right to file an appeal based on our response to you exercising any of these rights. In the event you disagree with how we resolved the appeal, you have the right to contact the attorney general located here: If you are based in Colorado, please visit this website to file a complaint.
    If you are based in Virginia, please visit this website to file a complaint.
    If you are based in Connecticut, please visit this website to file a complaint.
  •  File a Complaint (GDPR Article 77, LGPD, POPIA)You have the right to bring a claim before their competent data protection authority. If you are based in the EEA, please visit this website (http://ec.europa.eu/newsroom/article29/document.cfm?action=display&doc_id=50061) for a list of local data protection authorities.

Withdrawing Consent

If you have consented to our processing of your Personal Data, you have the right to withdraw your consent at any time, free of charge, such as where you wish to opt out from marketing messages that you receive from us. If you wish to withdraw your consent, please contact us using the information found at the bottom of this page.

How to Exercise Your Rights

You can make a request to exercise any of these rights in relation to your Personal Data by sending the request to our privacy team by using the form below.

For your own privacy and security, at our discretion, we may require you to prove your identity before providing the requested information.

9. Changes

We may modify this Policy at any time. If we make changes to this Policy then we will post an updated version of this Policy at this website. When using our services, you will be asked to review and accept our Privacy Policy. In this manner, we may record your acceptance and notify you of any future changes to this Policy.

10. Contact Us

To request a copy for your information, unsubscribe from our email list, request for your data to be deleted, or ask a question about your data privacy, we’ve made the process simple:

To contact us, please email accounts@gearcorporate.com

Write to us at:

Data Privacy Officer of Gear Workwear

168 Bellairs Drive, 2169, Randburg, Gauteng

Call us at:

270100230878

11.Sample policy

We understand that our clients require samples in order to approve the deal.

Sample policy is as follows:

  • Samples are available for purchase and will be couriered to client.
  • Samples with an individual product price of less than R100 excluding VAT may not be returned.
  • Samples with an individual product price of R101 excluding VAT or more may be returned for a refund or credit.
  • Samples must be returned in original condition as well as original packaging so that a refund/credit can be ensured.
  • It may take up to a week to carefully check samples that are returned and once we are satisfied that samples are fit for resale we will issue the refund or credit note.
  • Damage to any part of sample or packaging will result in samples not being accepted for return.
  • Importantly, when returning samples, the original invoice relevant to the samples needs to accompany the returned goods before a credit note will be issued and a refund effected.
  • EFT refunds are processed 7th of each month.
  • All orders need to be paid for and collected within 5 working days of invoice date and if not paid and collected within this time, they will be cancelled.

12.Branding Terms and Conditions

Acceptable File Formats: .CDR / .EPS / .AI / .PDF / .FH

  • Vector artwork is preferred.
  • We accept PC format artwork only.

Tips to help you prepare your artwork

  • All fonts must be converted to curves to avoid font substitutions.
  • Please include font and size if typesetting is requested.
  • Artwork for multi-colour imprints should be sent as a colour separated file (exceptions: digital printing).
  • Formats we do not accept: Word files, .gif, .jpeg (under 600dpi), Power Point.
  • Please forward the electronic artwork directly to your Account Manager .
  • Upon written approval of layouts please confirm with your Account Manager that they have received your signoff. Alternatively you can do this online.
  • Gear Workwear cannot take responsibility for non-delivery of orders if layout approval is not received.
  • Branding will only commence once full payment for stock and branding has been received (where a client is not on payment terms) and artwork has been approved.
  • If cheques are deposited into one of our four bank accounts, branding will only commence once payment has cleared (for clients not on payment terms).
  • Unfortunately faxes can and do sometimes go missing. Please confirm that proof of payment has been received by your Account Manager. Gear Workwear cannot take responsibility for missed deadlines if payment has not been confirmed with your Account Manager.
  • Reminders will be sent out daily if we require either approval or payment from you before commencing with a job. If you have paid for and approved the order and are still receiving these reminders, please contact your Account Manager directly to ensure that we have received all the relevant information.
  • Delivery dates are quoted from the day after artwork approval and receipt of payment – whichever is later.
  • Amendments made to proofs will result in a delay to delivery date. Should you require changes, we will issue a new layout for final proofing before production commences.

Artwork Fees

  • Artwork received in the correct format will not be charged for.
  • Artwork not received in the correct format will attract a redrawing fee of R250 excluding VAT. This fee will accommodate 2 further changes to the layouts, where after any additional changes will be charged for at R150 excluding VAT per change.
  • Branding cancelled after layouts have been generated will be charged for at R200 excluding VAT per layout completed.

General Terms and Conditions

  • Once stock has been collected/delivered from/by Gear Workwear, Gear Workwear has no control over it. As such we do not accept responsibility for any damages or shortages not reported within 24 hours.
  • Whilst every effort has been made to fulfill all orders correctly, should you take our goods to an external branding company, we ask that you check all items received BEFORE they get branded.

Gear Workwear cannot accept returns on incorrect items which have already been branded regardless of whether it’s Gear Workwear’s fault or not.

  • It may take up to a week to carefully check the stock that is returned and once we are satisfied that stock is fit for resale we will issue the refund or credit note.
  • In the case of stock being sent by courier , clients have 72 hours from time of collection by courier, to report missing or damaged items. No claims will be entertained thereafter.
  • We do not accept returns on discontinued and clearance items.
  • The ETA (estimated time of arrival) dates indicated for stock are updated regularly but due to unforeseen supplier, shipping or customs delays, these dates cannot be guaranteed.
  • Day 1 of branding is the day after receipt of both artwork approval and payment (COD clients).
  • Lead times exclude weekends, South-African public holidays and Gear Workwear’s annual shutdown period.
  • In terms of public health regulations, identified essential products are prohibited for return or exchange due to strict health controls.

Payment

  • In the case of cheques deposited into our bank accounts, stock will not be released until the funds have been cleared in our account.
  • We accept MasterCard, Visa and Debit cards (We do not accept Amex and Diners).
  • We encourage EFT’s and have facilities on our website and invoicing to assist with processing EFT`s .
  • Stock will only be released once proof of payment has been received.
  • Payments from outside South Africa take between 4 and 7 working days to clear. Orders will only be released once payment has reflected.
  • For orders that require branding, branding will only commence once stock and branding has been paid for in full.
  • Please contact your Account Manager to confirm that we have received your proof of payment, once payment has been made.
  • Gear Workwear cannot be responsible for missed deadlines if you have not confirmed that payment has been received.

Orders collected by courier

  • Please do not send your couriers to collect orders until you have received an email from Gear Workwear notifying you that your goods are ready for collection. Once the emailed invoice is received, your order is ready for collection.
  • Please ensure that your courier knows who they are collecting for and how many orders they are collecting. All relevant invoice numbers must appear on the collection form.
  • Stock will not be released to couriers until payment is received. Please do not send your courier to collect if you have not effected payment and provided proof thereof to Gear Workwear, and confirmed that we have received the proof of payment.
  • If your account is in credit, please advise us upfront to use your credit to clear the relevant invoices otherwise your credit will not be used.

Cancellation Policy

  • Written orders (faxed or by email) constitute a binding contract and are legally enforceable.
  • Once an order to the value of R3500 or more has been emailed or faxed, cancellations prior to collection will be subject to a 15% handling and admin fee.
  • All orders need to be paid for within 5 working days of invoice and if not paid within this time, will be cancelled with the relevant cancellation fees.
  • Branding will not commence until full payment has been received for COD clients. Any orders not paid for within 5 working days will be deemed to have been cancelled, products will be put back to stock and a 15% handling charge will be levied where the invoice value is R3500 or more.
  • In the case of cancelled orders where layouts have been done, a layout fee of R150 excluding VAT per layout will be levied, irrespective of whether we are able to meet your deadline or not, unless the branding deadline has been indicated to your Account Manager upon placement of order.
  • For customers who are on account, no cancellation of orders will be accepted once final approval of artwork has been received.
  • Orders for clients on payment terms may not be cancelled after sitting on our shelves for 10 working days.
  • Collected stock may not be returned, unless approved in writing by Management within 48 hours of collection, subject to a 25% handling and admin fee. Please do not return orders without prior written consent from Gear Workwear Management. Orders returned without accompanying written consent and corresponding invoice will not be accepted by our returns department.
  • Once stock of an item that is on special or discontinued has been collected no returns will be accepted, unless said stock is faulty.
  • Cancellation fees need to be paid before further orders will be processed.

DELIVERY SERVICE (BOOKED VIA WEBSITE):

  • Deliveries can be booked to destinations within South Africa only.
  • Orders will only be dispatched for delivery once all invoices booked on the same delivery are ready for collection. If there are branded orders on the invoices booked for the same all job cards on the invoices must be ready for collection before the order is dispatched for delivery. The lead time for unbranded orders is approximately 24 hours. Lead times for branded orders must be checked with your account manager.
  • COD clients: branded orders that include delivery on the invoice will only proceed once the invoice is paid in full (including the delivery cost) and all job cards are approved.
  • In cases where the delivery invoice is separate to the invoice/s being delivered, delivery will only take place once the delivery invoice is paid in full and the order/s being delivered are ready for collection. Payment for a delivery only invoice post orders being ready for collection may affect the delivery lead-time.
  • Should you require a guaranteed delivery date, please book your delivery accordingly, bearing in mind the total lead-time for the invoice/s you are couriering. Gear Workwear will not be held responsible should the above delivery times not be met, whether through the fault of Gear Workwear or the delivery service.
  • Deliveries must be booked by 11pm in order to leave our warehouse on that day. Orders booked after 11pm will leave with the next day’s consignments.
  • Delivery lead-times are dependent on consignment weight, service selected and destination.
  • Branding lead-times exclude delivery lead-times.
  • Delivery cannot be cancelled once the order/s are on a collection shelf.

Unbranded Bulk Orders:

  • Unbranded bulk orders will be dispatched the day after both the payment has been received and the branch selection has been updated. If however your order is ready earlier, we will do our utmost to get it onto that days truck.
  • If you place your order online, you can do so until 17h00 and your order will be dispatched the following day (provided payment is made and the branch delivery selection has been updated by 11h00 the following day).

Branded Orders:

  • Branded orders that are due to be completed at 16h30 will be dispatched to the next day before 11:00

Payments:

  • Please send your proof of payment for all orders to accounts@gearworkwear.co.za
  • Your Account Manager will contact you if any unforeseen issues arise.

Please Note:

  • Should there be any delays from SAA Cargo, DSV or The Courier Guy, you will be notified via email.
  • Gear Workwear will not be held responsible for such delays.
  • Please do not attempt collection of an order until you have received the emailed notification stating that your order is now ready for collection.
  • To view Gear Workwear’s full Terms & Conditions, please refer to the QUICK LINKS section on our website . The link can be found at the bottom of the homepage.

POPI ACT AGREEMENT AND CONSENT DECLARATION:

WHEREAS IT IS AGREED THAT

All parties agree that they will comply with POPI regulations and process all the information and/or personal data in respect of the services being rendered in accordance with the said regulation and only for the purpose of providing the Services set out in the agreement to provide services.

The company (also called the service provider), all the parties to this agreement, the service provider’s employees and the client’s employees and any subsequent party/parties to this agreement acknowledge and confirm that

  • One or more of the parties to this agreement, will possess and will continue to possess information that may be classified or maybe deemed as private, confidential or as personal information.
  • Such information may be deemed as the private, confidential or as personal information in so far as it relates to any party to this agreement.
  • Such information may also be deemed as or considered as private, confidential or as personal information of any third person who may be directly or indirectly associated with this agreement.

Further it is acknowledged and agreed by all parties to this agreement, that such private, confidential or as personal information may have value and such information may or may not be in the public domain. For purposes of rendering services on behalf of the client, the service provider and any party associated with this agreement and/or any subsequent or prior agreement that may have been/will be entered into, irrevocably agree that “confidential information” shall also include inter alia and shall mean inter alia:

  • (a) all information of any party which may or may not be marked “confidential,” “restricted,” “proprietary” or with a similar designation;
  • (b) where applicable, any and all data and business information;
  • (c) where applicable the parties may have access to data and personal and business information regarding clients, employees, third parties and the like including personal information as defined in POPI regulation; and
  • (d) trade secrets, confidential knowledge, know-how, technical information, data or other proprietary information relating to the client/service provider or any third party associated with this agreement and (including, without limitation, all products information, technical know how, software programs, computer processing systems and techniques employed or used by either party to this agreement and/or their affiliates.

All parties irrevocably agree to abide by the terms and conditions as set out in this agreement as well as you agree and acknowledge that all information provided, whether personal or otherwise, may be used and processed by the service provider and such use may include placing such information in the public domain. Further it is specifically agreed that the service provider will use its best endeavors and take all reasonable precautions to ensure that any information provided, is only used for the purposes of the agreement.

It is confirmed that by submitting information to the service provider, irrespective as to how such information is submitted, you consent to the collection, collation, processing, and storing of such information and the use and disclosure of such information in accordance with this policy.

SHOULD YOU NOT AGREE TO THE TERMS AND CONDITIONS AS SET OUT IN THIS AGREEMENT AND CONSENT DECLARATION YOU MUST NOTIFY THE SERVICE PROVIDER IMMEDIATELY FAILING WHICH IT WILL BE DEEMED THAT YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS SET OUT ABOVE

We thank you for reading our Terms and Conditions. Should you have any queries, please feel free to contact your Account Manager in this regard.

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