Information about our customers is an important part of our business. Such information may be collected, collated, processed or disclosed for the purposes set out hereunder. Where we intend using your information for any alternative purpose, we will first obtain your written consent to do so.
We may compile profiles and reports based on your personal information for statistical purposes or to extend our service offering and may freely trade with such profiles and statistical data with other organisations, specifically within the communities created by sites: provided that such profiles and statistical data are not capable of identifying you as an individual, and that they will not contain any sensitive or confidential information about you. Any information shared by us in this regard will be made available to you on request, so that you may monitor our use of information gathered.
You hereby consent to us disclosing your information to third parties for the purposes set out below. However we will never disclose sensitive or confidential information about you to any third party, unless required to do so by operation of the law or with your prior written consent, if it pertains to any transaction or activity between you and the third party facilitated by BrandsEye.
Your information may be disclosed for the following purposes
We employ other companies and individuals to perform functions on our behalf. Examples include analysing data, providing marketing assistance, processing payments, and providing customer service. They have access to personal information needed to perform their functions, but may not use it for any other purpose.
In the event of the purchase or restructuring of the whole or part of our business, certain intellectual property, including our customer’s information, may be transferred to another party in the normal course of business.
If we receive, compile, retain or report any account or personal information pertaining to you or your financial position, we will protect the confidentiality of that information, and in particular, will:
- (a) use that information only for a purpose permitted or required in terms of the National Credit Act 34 of 2005 (South Africa), other national legislation or applicable provincial legislation; and
- (b) report or release that information only to you, or to another person to the extent permitted or required by the National Credit Act, other national legislation or applicable provincial legislation; or as directed by:
- a. your instructions; or
- b. an order of a court or the South African National Credit Tribunal.
You have the right:
- (a) to be advised within a prescribed time before any adverse information is reported by us to a credit bureau and to receive a copy of that information upon request;
- (b) to inspect any credit bureau file or information concerning you without charge at least once every 12 months, or by court order or at least once within reasonable period after information has been corrected or expunged to check that it has been corrected or removed; and
- (c) to challenge the accuracy of the information held and require the credit bureau to investigate the accuracy of any challenged information without charge.
Where you wish to challenge any such information, you may notify the relevant credit bureau within a reasonable time, and the credit bureau will then take reasonable steps to seek credible evidence in support of the challenged information and provide you with a copy of such evidence OR remove the information from its records if it is unable to find such evidence.
Within 20 days of receiving the evidence from the credit bureau, you may initiate a complaint through the National Credit Regulator if you still remain unsatisfied.
Until a challenge has been resolved satisfactorily, a credit bureau may not report challenged information. Failure to abide by any of the above requirements is an offence.
Where you consent:
Other than as set out above, you will receive notice when information about you will be used for some other purposes and/or where it might be disclosed to third parties, and you will have an opportunity to choose not to share the information by notifying us accordingly.
We gather the following information via the site:
Information provided by you:
We receive and store any information you enter on Site or provided by you in any other way. You may choose not to provide certain information, but then you might not be able to take advantage of the many features on our web sites. We use the information that you provide to continually improve our service offering to you by analysing the information and corresponding trends and the like that may be found. The quality of any analysis or activity based on information is of course dependant on the integrity of the information supplied. We reserve the right to verify any information provided by you.
Information automatically gathered:
We receive and store certain types of information whenever you interact with the web site. For example, like many web sites, we use “cookies”, and we obtain certain types of information when your web browser accesses our web sites. The “cookies” often transfer security related information, so this facility must be activated on your browser whilst accessing our web sites or they may malfunction.
To help us make e-mails more useful and interesting, we often receive a confirmation when you open an e-mail from us. We also compare our customer list to lists received from other companies, in an effort to avoid sending unnecessary messages to our customers or to grow our customer base.
Information from other sources:
To improve our service offering, we might receive information about you from other sources and add it to our information. The more information we have, the more we can tailor our service offering to meet market expectations.
You agree to act responsibly when using the site.
Your use of the site may not be for any purpose that may be illegal in South Africa or within the jurisdiction from which you are accessing the site.
You may not introduce viruses or code with destructive or contaminating properties or anything of a nature that may damage, place unreasonable burdens on, or interfere with, the operation of the site or the systems on which it runs, nor may you attempt to gain access to any restricted areas of the site without BrandsEye’s permission.
You may not collect any information about other users of the site without their consent.
Links to other web sites
This site may contain links to third-party web sites. Those sites are independently managed and maintained by such third-party companies or individuals. BrandsEye does not control those linked sites.
BrandsEye bears no responsibilities for any loss or damage caused by using any web sites that are linked to our site and you use such web sites at your own discretion and risk. Please note that other web sites may contain sexually explicit, violent, racist or other types of material which are objectionable or which may be offensive to you, and user discretion is advised.
Additionally, these links do not suggest that BrandsEye holds any special affiliations or associations with the companies or individuals which own, manage, maintain, advertise on, or link to, these sites.
BrandsEye Terms and Conditions
- “Agreement” means this agreement between the Supplier and the Client in respect of the Document and subject to the Conditions, and includes both the Document and the Conditions.
- “BrandsEye API” means the BrandsEye application programming interface, as modified, updated or revised from time to time, including but not limited to any upgrades, revisions or new versions thereof.
- “BrandsEye Proprietary Materials” includes all websites, programmes, software, products, data, documents and any other materials used by the Supplier in providing the Services (including without limitation the BrandsEye Tool and BrandsEye API).
- “BrandsEye Tool” means the BrandsEye online monitoring software product, as modified, updated or revised from time to time and includes without limitation any upgrades, revisions or new versions thereof.
- “Client” means the person, firm or company whose name appears on the Document.
- “Client Data” means any information furnished to the Supplier by the Client which is or is intended to be processed by computer or manually, to be analyzed, viewed and assessed by the Supplier and/or its Contributors and which specifically includes but may not be limited to Personal Information;
- “Commencement Date” means the date stipulated in the Document.
- “Conditions” means the terms and conditions set out below.
- “Contributor” means the individual engaged by the Supplier who processes the relevant search results or snippets of information in relation to the Client on behalf of the Supplier.
- “Data Caching” means the storing of variables in cache and retrieving it later from cache.
- “Document” means any cost estimate, quotation, invoice or letter of agreement which is subject to these Conditions.
- “IP Rights” means all patents, copyrights, design rights, trade marks, service marks, trade secrets, trade, business and domain names, rights in trade dress or get-up, rights in designs, rights in computer software, database rights, moral rights, rights in confidential information (including know-how and trade secrets) and other rights in the nature of intellectual property rights (whether registered or unregistered) and all applications for the same, anywhere in the world.
- “Mentions” means any search results or snippets of information which are monitored, assessed and/or analysed by BrandsEye and/or by Contributors through the Service.
- “Personal Information” means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to –
- information relating to the race, gender, sex, pregnancy, marital status, national, ethic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person;
- information relating to the education or the medical, financial, criminal or employment history of the person;
- any identifying number, symbol, e-mail address, physical address, telephone number or other particular assignment to the person;
- the blood type or any other biometric information of the person;
- the personal opinions, views or preferences of the person;
- correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;
- the views or opinions of another individual about the person; and
- the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person.
- “Services” means the services to be provided (and, to the extent applicable, the products to be delivered) to the Client by the Supplier as stipulated in the Document.
- “Supplier” means BrandsEye (Pty) Ltd (Registration Number 2011/000295/07).
- BASIS OF AGREEMENT
- The Client has engaged the Supplier to provide the Services which are rendered subject to the Conditions.
- This Agreement constitutes the entire agreement between the parties. The Client acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Supplier which is not set out in the Agreement.
- This Agreement applies to the exclusion of any other terms that the Client seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing, in respect of the Supplier’s provision of the Services.
- Except to the extent otherwise stated in the Document, any estimate, offer or quote contained in the Document shall only be valid for a period of 30 days from its date of issue.
- This Agreement will continue to bind the Client and the Supplier unless and until otherwise terminated in accordance with the remaining terms of these Conditions (unless an expiry or termination date is stipulated in the Document).
- PROVISION OF SERVICES
- The Supplier shall supply the Services with due care, skill and diligence and from the Commencement Date on an ongoing basis or for a fixed term as specified in the Document.
- The Supplier shall be entitled to suspend provision of Services and to suspend the licence granted under clause 3.2 without further notice to the Client in the event that and for so long as the Client is and remains in breach of any of its obligations under this Agreement, including in particular (but without limitation) the Client’s obligation to make payments in accordance with clause 5.
- BRANDSEYE API
- All use of the Brandseye API and content, documentation, code, and related materials made available to the Client is subject to and must comply with these Conditions. The Supplier reserves the right to terminate the Client’s access to the Brandseye API at any time should the Client be deemed to be in breach of any of these Conditions, including but not limited to any breach of privacy rules, undesirable content rules, commercial restrictions or usage limits.
- In general, reasonable commercial use of the Brandseye API shall be permitted. The Client is required to obtain prior written approval from the Supplier for their intended use of the Brandseye API, which approval shall not be unreasonably withheld. The Supplier reserves the right to amend from time to time and in its sole discretion, the definition of “reasonable commercial use”.
- The provision of the Brandseye API service by the Supplier is dependent on the uptime of its third party providers. The Supplier shall not be responsible for any interruptions and/or outages of the provision of the Brandseye API service due to such third party providers. The Supplier will use its best efforts to –4.3.1 notify the Client in the event of an outage caused by a third party provider; and4.3.2 restore service to the affected Client.
- The Client acknowledges that, with regards to Twitter information specifically, it is strictly prohibited from accessing, caching or downloading “tweets” and Twitter end user profile information in any form through the Brandseye API. The Client shall only be permitted to access “tweet ID’s” or “Twitter User ID’s” through the Brandseye API service.
- In the event that tweets are displayed in or on a publicly accessible website or application the Client shall be obliged to ensure that such website or application conforms to Twitter’s Developer Display Requirements, as updated and replace by Twitter from time to time (https://dev.twitter.com/terms/display-requirements).
- The Client further acknowledges that it is prohibited from downloading, accessing or caching full versions of any publications and shall limit its access and use of information to extracts of information and/or to the link to the original publication.
- The Client shall be allowed to cache permitted data received through the use of the Brandseye API in order to improve the user experience of their application, but the Client agrees to keep all such data up to date. In no event may data be cached for more than 30 (thirty) days and the Client agrees to delete any and all data cached exceeding this period.
- The Client acknowledges that it shall not obtain ownership of any data including Personal Information obtained through the use of the BrandsEye API and undertakes and warrants to the Supplier –
- not to sell the data and/or Personal Information so obtained to any third parties;
- to only use the data and/or Personal DataInformation so obtained for non-commercial purposes and in accordance with the Conditions;
- not to disseminate such data and/or Personal Information;
- not to sell access to such data and/or Personal Information;
- not to permit unauthorised access to such data and/or Personal Information;
- to ensure that adequate security measures are in place to protect against the accidental disclosure of or unauthorised access to such data and/or Personal Information;
- not use data, including specifically Personal Information, in any way that violates the Conditions or any applicable law or regulation, or infringes the rights of any third party and will not authorise or permit any other person to do so;
- you will use the data and/or Personal Information ONLY for the stated purpose for which you have the consent of the relevant data subject.
- In the event of this Agreement being terminated by either party, the Client undertakes to immediately delete all data and/or Personal Information cached.
- The Client shall be granted fair use of the Brandseye API. The Supplier reserves the right to limit the number and/or frequency of API requests in its sole discretion. Should the Supplier be of the opinion that the Client has attempted to exceed or circumvent the rate limits, access to the Brandseye API may be temporarily or permanently blocked by the Supplier, with or without notice, and without the Supplier becoming liable to the Client or any other third party.
- The Supplier reserves the right to make changes to the Brandseye API from time to time. In the event of breaking changes, the Supplier shall use its best efforts to notify the Client at least 5 (five) business days before the breaking changes go live. Support for older versions of the Brandeye API will not be guaranteed by the Supplier.
- The fee for the Services (which includes the royalty for the licence granted under clause 3.2) is set out in the Document and, unless indicated otherwise, is quoted in South African Rands and is exclusive of VAT, sales taxes and/or any other applicable taxes.
- The Client shall pay the fee(s) for the Services in the manner and at the time(s) or within the number of days (as the case may be) stipulated in the Document. Where the fee(s) is payable in instalments (as stipulated in the Document), the Client shall pay each instalment in the manner and at the time(s) or within the number of days (as the case may be) stipulated in the Document. Where no payment terms are stipulated in the Document, payments shall be due within 30 days following date of invoice. The Client shall remain liable to pay the fee(s) irrespective of whether the Services are being provided by the Supplier directly for the benefit of the Client or any other subsidiaries, associates, employees, contractors or agents of the Client.
- The Client shall render payment to the Supplier in respect of VAT and any other applicable taxes concurrently with each underlying payment to be made in terms of clause 5.2 on which the relevant VAT, sales or other tax amount is calculated.
- Interest on all overdue payments under this Agreement shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 3% above the rate that the Standard Bank of South Africa charges on its prime overdraft facilities from time to time, which interest shall be calculated daily, compounded monthly and payable by the Client to the Supplier on demand.
- All amounts payable by the Client to the Supplier shall be paid free of deduction, set-off, exchange or withholding and shall be paid in the manner stipulated in the Document or as directed by the Supplier in writing from time to time.
- All fees and charges for other services provided by the Supplier, or for travel costs or disbursements, which are not included in the Document will be costed and quoted separately or will be paid to the Supplier by the Client to the extent agreed otherwise in writing between the parties.
- VOLUME LIMIT
- The Supplier offers four types of accounts, namely a “Lite”, “Standard”,“Corporate” and “Enterprise” account which shall be specified on the Document.
- Lite accounts shall include a maximum of 25 000 mentions, Standard accounts shall include a maximum of 100 000 mentions, Corporate accounts shall include a maximum of 1 000 000 mentions, Enterprise accounts shall include a maximum of 5 000 000 mentions per month. These is not utilised do not carry over.
- In the event that the maximum number of Mentions as set out in 6.2 are exceeded, Clients who have –
- Lite accounts shall be obliged to upgrade to a Standard account and pay the relevant fees in connection therewith; and
- Clients who hold Standard accounts undertake to purchase a ‘top up’ volume bundle
- the terms of which shall be specified by the Supplier, from time to time.
- LIABILITY AND INDEMNITY
- Except in the case of fraud, fraudulent misrepresentation, personal injury or death, the parties’ liability to one another under this Agreement, howsoever arising, shall be limited to direct damages only and in no event shall either party be liable for any consequential, incidental, indirect, special or other damages whatsoever (including, without limitation, business interruption, loss of business information or other pecuniary loss) arising out of this Agreement regardless of whether such liability is based on breach of contract, delict, strict liability or otherwise. The Supplier’s total liability under this Agreement shall further be limited to the value of the fees actually paid by the Client during the preceding 6 (six) months in respect of the Services.
- The Supplier shall further not be liable for any loss, damage, liability or cost suffered or incurred by, or any claim brought against, the Client in connection with any third party proprietary material provided by the Client to the Supplier to enable or to assist the Supplier in providing the Services.
- OWNERSHIP AND IP RIGHTS
- All right, title and interest in and to the BrandsEye Proprietary Materials (including without limitation all IP Rights therein) shall at all times remain fully vested in and belong to the Supplier, and the Client shall have no rights whatsoever in or to the BrandsEye Proprietary Materials other than the right to use it in accordance with the terms of the licence granted pursuant to this Agreement.
- The Client shall be the owner of the final analysis results generated by the provision of the Services as described in the Document, but shall not obtain ownership in any other materials.
- Save for as specifically provided in clause 8.2, all IP Rights in or arising out of or in connection with the Services shall be owned by the Supplier.
- The BrandsEye Proprietary Materials may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited in whole or in part without the Supplier’s prior written consent.
- The Client may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Supplier without the express written consent of the Supplier.
- The Client is responsible for maintaining the confidentiality of any account and password assigned to it by the Supplier in respect of the BrandsEye Tool and/or Brandseye API and for restricting access to any computer used by the Supplier to prevent unauthorised access to such account. The Client accepts responsibility for all activities that occur under its account or password. The Client shall take all necessary steps to ensure that the password is kept confidential and secure and shall inform the Supplier immediately if it has any reason to believe that the Client’s password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
- CLIENT DATA
- The Client acknowledges that the Supplier will, through the provision of the Services be furnished with and have access to Client Data, which may include Personal Information and that it may furnish the Contributors with such Client Data and the Client hereby consents to the use of the Client for the purpose of performing the Services.
- The Supplier will process the Client Data in accordance with the Services as described in the Documents, shall not make unauthorised use of the Client Data and shall take all reasonable steps to safeguard the Client Data.
- The Supplier is not required to and does not check or verify Client Data provided to it and will not be responsible for any incorrect or inaccurate Client Data provided to it. Save were caused by the Supplier’s gross negligence and notwithstanding clause 9.2, the Supplier shall not be liable for any errors, omissions, loss, deletion, theft, destruction or unauthorised access or alteration relating to any Client Data provided to it by the Client.
- Either party (the “Complaining Party”) may terminate this Agreement immediately by giving written notice to the other Party (the “Defaulting Party”) if any of the following events occurs:
- the Defaulting Party has failed to make any payment of any sum due and payable under this Agreement within 7 days of written notice from the Complaining Party calling on it to make such payment;
- the Defaulting Party commits any material breach of any of the provisions (other than a provision relating to payment) of this Agreement and fails to remedy it within 14 days after receiving a written notice from the Complaining Party containing full particulars of the material breach and requiring it to be remedied; or
- the Defaulting Party is unable to pay its debts as they fall due; enters into compulsory or voluntary liquidation; compounds with or convenes a meeting of its creditors; is or becomes subject to any bankruptcy, insolvency or liquidation proceedings or order of a competent court; or ceases for any reason to carry on business in the ordinary course.
- Either party may terminate this Agreement at any time after the expiry of any initial term set out in the Document on prior written notice to the other of no less than the period set out in the Document (which shall be one month if no notice period is so specified), or one calendar month notice in all other circumstances.
- On termination of this Agreement for any reason:
- all rights granted to the Client in respect of the BrandsEye Proprietary Materials under this Agreement shall cease;
- the Client shall cease all activities authorised by this Agreement in respect of the BrandsEye Proprietary Materials;
- the Client shall immediately pay to the Supplier all of the Supplier’s outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has yet been submitted, the Supplier shall submit an invoice, which shall be payable by the Client immediately on receipt;
- the accrued rights and remedies of the parties as at termination shall not be affected, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination or expiry; and
- clauses which expressly or by implication have effect after termination shall continue in full force and effect.
- Either party (the “Complaining Party”) may terminate this Agreement immediately by giving written notice to the other Party (the “Defaulting Party”) if any of the following events occurs:
- The parties choose the respective addresses specified in the Document as the addresses at which they will accept service of all documents, legal process and notices in respect of this Agreement.
- No party shall be liable to the other for any delay or non-performance of its obligations under this Agreement arising from any cause beyond its control including, without limitation, any of the following: governmental act, war, fire, flood, explosion, civil commotion or any act of God, except that nothing in this clause 11.2 shall excuse the Client from any payment obligations under this licence.
- No relaxation or indulgence granted by either party to the other shall be deemed to be a waiver of any of that party’s rights in terms hereof, nor shall same be deemed to be a novation of the terms and conditions and nor shall same stop either party from enforcing its rights hereunder. These terms and conditions shall not in any way be deemed to be a waiver by either party of any of its rights in law.
- No agreement to vary, add to or cancel this Agreement shall be of any force or effect unless reduced to writing and signed on behalf of both parties to this Agreement.
- Nothing in this Agreement is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.
- The Supplier may at any time cede, assign, transfer, subcontract or deal in any other manner with all or any of its rights under the Agreement and may subcontract or delegate in any manner any or all of its obligations under the Agreement to any third party. The Client shall not, without the prior written consent of the Supplier, cede, assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Agreement.
- The parties agree that this Agreement and its termination shall be governed by and construed in terms of the laws of South Africa. The parties hereby consent to exclusive jurisdiction of the South African magistrates’ courts in connection with any action or motion which either party to this Agreement may institute arising out of or in connection with this Agreement, its interpretation or its termination.
- If any part or provision of this Agreement is or becomes unenforceable for any reason, that part or provision shall be deemed to be severable and shall not affect the validity of the remaining parts and provisions.
- In this Agreement, unless the context require otherwise:
- A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
- A reference to one gender shall include a reference to the other genders.
- Words in the singular shall include the plural and vice versa.
- Where the words include(s), including or in particular are used in this Agreement, they are deemed to have the words “without limitation” following them. The words other and otherwise are illustrative and shall not limit the sense of the words preceding them.
- Any obligation in this Agreement on a person not to do something includes an obligation not to agree or allow that thing to be done.
- The headings are inserted for convenience only and shall not affect the construction of this Agreement.
- NO COMPETITION OR SOLICITATION
- The Client acknowledges that the Supplier’s employees will have a close working relationship with the Client and that the Supplier is reliant upon its employees and has invested substantial time and money in their training and development.
- The Client undertakes and agrees with the Supplier that it will not at any time during the term of this Agreement or for a period of one year from the date at which this Agreement terminates or expires, however that may occur:
- induce to leave, solicit or entice away or endeavour to induce to leave, solicit or entice away any director or employee of the Supplier who has undertaken work for the Client or has had any dealings with the Client (and the Client agrees that, without prejudice to any other rights or remedies that the Supplier might have, if the Client acts in breach of this provision it will be liable for a recruitment fee for each of the Supplier’s employees induced to leave, solicited or enticed away at a rate equivalent to six (6) months’ wages or salary for the relevant employee);
- solicit or offer services or custom, or endeavour to solicit or offer services or custom, to any subcontractor engaged by the Supplier to perform or provide services or perform obligations under or in connection with this Agreement to the Supplier and/or the Client; or
- cause or permit any person directly or indirectly under its control or supervision, or in its employ, to do any of the acts or things specified above.